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HomeMy WebLinkAbout04-1306IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Robert E. Knepper, Plaintiff VS. Sharon L. Knepper, Defendant Civil Action #2004 - ( J U(P In Divorce a v.m. NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Franklin County Courthouse, Chambersburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone #717-249-3166 IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Robert E. Knepper, : Civil Action Plaintiff vs. : #2004 - / 3®(v Sharon L. Knepper, Defendant : In Divorce a v.m. COMPLAINT IN DIVORCE COUNTI DIVORCE 1. Plaintiff is Robert E. Knepper, who lives and resides at 110 Big Pond Road, Shippensburg, Cumberland County, Pennsylvania, and has resided there since October 2000. 2. Defendant is Sharon L. Knepper, who lives and resides in Shippensburg, Cumberland County, Pennsylvania, and has a mailing address of P.O. Box 224, Shippensburg, Cumberland County, Pennsylvania, has resided there since February 14, 2004. 3. Plaintiff and Defendant have been bona fide residents of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 28, 2002, in Martinsburg, Berkeley County, West Virginia. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff requests the Court to enter a decree of divorce. 8. Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT II REQUEST FOR EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 9. The prior paragraphs of this complaint are incorporated by reference thereto. 10. Plaintiff and defendant have acquired property, both real and personal, during their marriage. 11. Plaintiff and defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order distributing all of the aforementioned property, real and personal, as the Court may deem equitable and just, plus costs. 2 R bert E. Knepper, nX Michael B. Finucane Attorney for Plaintiff I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Ak--IK4 ?.) -' , 2004. Robert E. Knepper rn C ? ?y Q N f? E T, J (T1r :1 i J C ?l I-? _ U". IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Robert E. Knepper, Plaintiff Civil Action - Law VS. Sharon L. Knepper, #2004 - 1306 Civil Term Defendant In Divorce a v.m. AFFIDAVIT OF CONSENT 1. A Complaint in divorce under § 3301(c) of the Divorce Code was filed on March 26, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 2004. A(P INT(DEFENDANT) ?-.? h> C? .? c r. ; ?..; -{ ?, a? ? ' ! i ? . -- : =i . i,. rv IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Robert E. Knepper, Civil Action - Law Plaintiff vs. #2004 - 1306 Civil Term Sharon L. Knepper, Defendant In Divorce a v.m. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a finial decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 3.. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: 2004. A(TPLIAINFF) (DEFENDANT) CJ ?? (i J C '- IN THE COURT OF COMMON PLEAS OF THE -3 PENNSYLVANIA - TH JUDICIAL DISTRICT CUMBERLAND COUNTY BRANCH Robert E. Knepper, Plaintiff Civil Action - Law vs. #2004 - 1306 Civil Term Sharon L. Knepper, Defendant In Divorce a v.m. AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF FRANKLIN ( SS: Michael B. Finucane, being duly sworn according deposes and says that he is attorney for the above entitled to law, action, that on March 29 Plaintiff in the Divorce Complaint to the defendant at 2004, he mailed PA 17257 p a by certified mail O Article BOX 224, Shippensburg, return receipt requested, restricted deliver 220 0006 6923 and said address being the last known y to addressee only o, only defendant, and the said Post office address of the' delivery as April 1, 2004, return receipt card shows the date of Michael B. Finuca e, Attorney for Plaintiff Sworn and subscribed to before me this 6th day of April, 2004. Abw A.,iresJU?e ? -; ?? :-; ?._ ? -, - ,_, ';,., ;; _,. ', ; -s :... ?. ?; `;? ?? , , ._ ?: - ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, nr on the front if space permits. 1. Article Addressed to: A. Signature Agent XX X ? Addressee B. Received by (Pfinted iJame) C. Date of Delivery v ? Yes D. Is deliveryaddress diHrrreM from item 1 . ® No H YES, enter delivery address below: SHARON L KNEPPER PO BOX 224 SHIPPENSBURG PA 17257 3. Service lylro J!4 Certified Mail 0 Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) jig y" 2. Article Number (Transfer from service label) PS Form 3811, August 2001 7099 3220 0006 6923 2183 Domestic Return Receipt 2ACPRI-03-Z-09115 UNITED STATES POSTAL SERVICE i 11111 Postage $ First Maii Fees Class Paid LISPS Permit No. G-10 • Sender: Please Print your name, address, and ZIP+4 in this box MICHAEL FINUCANE LAW OFFICE 14 N MAIN ST SUIT), 500 CHAMBERSBURG PA 17201 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Robert E. Knepper, Plaintiff . Civil Action - Law VS. Sharon L. Knepper, Defendant #2004 - 1306 Civil Term In Divorce a v.m. AFFIDAVIT OF CONSENT 1. A Complaint in divorce under § 3301(c) of the Divorce Code was filed on March 26, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: Lild 1 2004. ? ?' (PLA ;ZiF) (DEFENDANT) " C_,1 t p i IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Robert E. Knepper, Civil Action - Law Plaintiff vs. #2004 - 1.306 Civil Term Clinton E. Kennedy, Defendant In Divorce a v.m. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THEDIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be,d:ivorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: 2004. ,Y7 Jk - (P I ?hYFF) (DEFENDANT) ?? ? ? ? ? ? -?" .--+ C" ? , t'rt _,? ? , -; ? G) ,'' ? ; `{ -:'.'?. ? 1 -? ? ? ?? - -r'i -?C? ?? ;. IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Robert E. Knepper, Civil Action - Law Plaintiff vs. F.R. 2004-1306 Sharon L. Knepper, Defendant In Divorce a v.m. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees orexpenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: -34) Z? Y Sharor(L. nepper„ Defendant {_'. IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Robert E. Knepper, Civil Action - Law Plaintiff vs. F.R. 2004-1306 Sharon L. Knepper, Defendant In Divorce a v.m. AFFIDAVIT OF CONSENT 1. A Complaint in divorce under 3301(c) of the Divorce Code was filed on March 26, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted- I verify 'that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities. Date: Sharon La Kn p er, a endant `:, r f -. r % IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Robert E. Knepper, Civil Action - Law Plaintiff vs. F.R. 2004-1306 Sharon L. Knepper, Defendant In Divorce a v.m. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.. 4904 relating to unsworn falsification to authorities. Date: i Z, :w Robert E. Kneppe , Plaintiff .A. ,.. IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Robert E. Knepper, Civil Action - Law Plaintiff vs. F.R. 2004-1306 Sharon L. Knepper, Defendant In Divorce a v.m. AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 26, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.. 4904 relating to unsworn falsification to authorities. Date: 42?f z awl, ?hobert E. Knepper aintiff ) _ { ..1 ti' MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT made and entered into this Yrday of A/10404\ , 2006, by and between Robert E. Knepper, hereinafter referred to as "husband" AND Sharon L. Knepper, hereinafter referred to as "wife", witnesseth: WHEREAS, the parties hereto are husband and wife, they having been married on March 28, 2002, in Martinsburg, Berkley County, West Virginia, and WHEREAS, the husband is represented by Michael B. Finucane, Esquire, and wife is represented by Jennifer Spears, Esquire; and WHEREAS, the parties hereto wish finally and for all time to settle and determine their respective property and other rights growing out of their marital relation, and wish to enter into this property and separation agreement; NOW, THEREFORE, in consideration of the promises and mutual undertakings herein containeei, intending to be legally bound hereby, the parties do mutually agree as follows: 1. ; Husbe'nd and wife agree that each of them shall retain free and clear from any claim of the other all items of personal property now in their possession. 2: Hustirind and wife agree that each of them will waive all' rights they have to court ordered equitable distribution of marital property, support, alimony pendente lite, alimony„or an a;Nard of counsel fees. 3. Husby nd and wife agree that each of them will agree'to sign upon request all necessary docu)nents to complete any transfers above agreed upon. 4. Husband and wife agree that Robert E. Knep?ive the entire proceeds from ,-'he sale of their marital home at 110 Big a o ; . , Shippensburg, Pennsylvania, but of which proceeds he shall pay $5,500.00 to :Sharon L. Knepper within `fen_ (10) days of the signing of this Agreement. 5. The.respective duties, covenants and obligations of. each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a par'.y of accrued obligations to the other, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. 6. Excepfas otherwise herein expressly provided, the parties shall and do hereby mutually remise, release and forever discharge each other from any and all actions, suits, debts, claims, demands and obligations whatsoever, both in law and in equity which either of (hem ever had, now has, or may hereafter have against the other upon or by reason of any matter, cause or thing up to the date of the execution of this agreement. BA parties agree that they have not, other than as set forth herein, and will not in the future, incur any debts or make any contracts for which the other shall be liable and each further covenants to save the other, or their estates, free, harmless, and indemnified of and from all such debts and liabilities. 7. The parties hereby waive any right and transfer unto the other any interest that either has in the other's retirement plans, IRAs, pension plans, savings accounts, checking accounts, unemployment benefits, workmen's compensation benefits, causes of action, or any other item which constitutes marital property but which is now or hereafter in the n: ame or title of the husband or wife. 8. It is the intention of the parties hereto that from and after the date of this agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end,y,both waive, relinquish and forebear their rights to inherit, rights to claim or take a husband or wife's or family exemption or allowance, to be vested with letters of administration or testamentary, and to take against any will of the other. The parties further agree that they may and can hereafter, as though unmarried,' without any joinder by him or her,' 'sell, convey, transfer, and or encumber any and all real estate and personal property which either of them now or hereafter owns or possesses and further agree that the recording of this agreement shall be conclusive evidence to all of his or her right to do "so. Each of the parties hereto further waives any right of election contained in Ch'.ipter 22 of the Pennsylvania Probate, Estate and Fiduciaries Code. 9. Regardless of any physical reconciliation which might occur, the parties shall only effect. a legal reconciliation which supersedes this agreement by their signed agreement cori>aining a specific statement that they have reconciled and that this agreement shalt be null and void; otherwise, this agreement' shall„remain in full force and. effeq ' and'6o marital rights or obligations will accrue hereafter: " . 10. This `Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. 11'. Thi Agreement constitutes the entire understanding ; of the parties. It supersedes any:: and all prior agreements between them. There are. no representations or warranties other than those expressly herein set forth. This ;agreement shall survive integration by ny Court into any judgment for divorce and. shall : continue to have independent legal significance as a written contract separate from such judgment for divorce and mad be enforced as an independent contract. The parties shall each furnish at the time of the signing of this Agreement signed Consents and Waivers of Notice for the entry`of a no=fault divorce decree. 2 ..t 12: The barties hereto covenant and agree that this Agreement shall extend to and be binding upon their heirs, devisees, executors, administrators and assigns, of both and each o?, the parties hereto. 13. The parties hereto state that she or he, in the procurement and execution of this agreement, has not been subjected to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. 14. In tha event that either party breaches any provision of this Agreement and the other party retains counsel to enforce any provision hereof, the breaching party shall pay the enforcing party's reasonable counsel fees and costs incurred in the enforcement hereof. r 15. In tthe event that either party seeks to set aside any provision of this Agreement and ;the other party retains counsel to enforce any provision so sought to be set aside, the party defending the Agreement, if successful in such defense, shall receive all of his or her reasonable counsel fees and costs incurred in such defense form the other p}arty. 16. Ead of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to the signing below. .IN WITN`=SS WHEREOF, the parties have set their k,ands and seals to this agreement. J R BERT E. KNEP R (date) 60 SHAR N . KNE R (date) 3 STATE OF PENNSYLVANIA ) ( SS: COUNTY OF FRANKLIN ) On this, the ` day of -pbrLlQLrI4? 2006, before . me, a Notary Public, the undersigned officer, personally appeared Robert E. Knepper, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and. acknowledged that she executed the same for the purposes therein contained. In witness whereof, I hereunto set m hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Rachel A. Harbaugh, Notary Public Chambersburg Boro, Franldin County My Corrrnission Expires Mar. 15, 2009 Member, Pennsylvania Association of Notaries STATE OF PENNSYLVANIA ) L. `oj SS: COUNTY OF OA-AfYiCU On this,, -the Q D day of 2006, before me, a Notary Public, the undersigned officer, personally appeared Sharon L. Knepper, known to me (or'satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Michelle W. McCoy, Notary Public South Middleton Up., Cumberland County My Commission Expires Nov. 18, 2009 Member, Pennsylvania Association of Notaries 4 h? all IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Robert E. Knepper, Civil Action - Law Plaintiff vs. F.R. 2004-1306 Sharon L. Knepper, Defendant In Divorce a v.m. PRAECIPE TO TRANSMIT RECORD To: The Prothonotary, Please transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: by certified mail, return receipt requested, deliver to addressee only, which return receipt card was signed by defendant on April 1, 2004. 3. Date of execution of the affidavit required by Section 3301(c) of the Divorce Code: by Plaintiff on April 12, 2006, by Defendant on March 30, 2006. 4. Related claims pending: None. All matters have been resolved pursuant to a Marital Settlement Agreement dated March 30, 2006 between the parties, which terms are to be incorporated but not merged into the final divorce decree. 5. Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: April 19, 2006. Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: April 19, 2006. Respectfully Submitted, Date: ( G D ?2?? , ate MICHAEL B. FINUCAN , ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Robert E. Knepper, -y' Plaintiff VERSUS Sharon L. Knepe r, Defendant NO. F_R_ 2004_1106 DECREE IN DIVORCE AND NOW, DECREED THAT AND -Sv V? E 13{h Robert E. Knepper IT IS ORDERED AND Sharon L. Knepper ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE. All matters are resolved by a Marital Settlement Agreement between the parties dated March 30, 2006, which terms of Agreement are incorporated but not merged in this decree. 1 I BY THE COURT: qftvo?,-" $?v A "0" 0 ? V. p ga, ?/ _1 ?p F:\FILES\DATAFILE\Gener%hCurrent\I 10MI 1000.1.entorcemea\tde Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ROBERT E. KNEPPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-1306 SHARON L. KNEPPER, Defendant/Petitioner IN DIVORCE PETITION FOR CONTEMPT AND TO ENFORCE MARITAL SETTLEMENT AGREEMENT AND NOW, Petitioner, by and through her attorneys, MARTSON LAW OFFICES, brings this Petition for Contempt and to Enforce Marital Settlement Agreement and, in support thereof, avers as follows: 1. Petitioner is Sharon L. Knepper, who was the Defendant in a divorce action between the parties. 2. Respondent is Robert E. Knepper. who was the Plaintiff in that action. 3. On March 30, 2006, Petitioner and Respondent entered into a comprehensive Marital Settlement Agreement which, by its terms, determined the equitable distribution of marital property. A true and correct copy of the Marital Settlement Agreement is marked as Exhibit "A," and attached hereto. 4. On June 13, 2006, a final Decree in Divorce was signed by the Honorable M. L. Ebert, Jr., and said Marital Settlement Agreement was incorporated, but not merged, with the Final Decree. 5. Paragraph 4 of the Marital Settlement Agreement provides as follows: Husband and wife agree that Robert E. Knepper shall receive the entire proceeds from the sale of their marital home at 110 Big Pond Road, Shippensburg, Pennsylvania, out of which proceeds he shall pay $5,500.00 to Sharon L. Knepper within ten (10) days of the signing of this Agreement. 6. Contrary to the terms of the Marital Settlement Agreement, Respondent has not paid the sum of $5,500.00 to Petitioner. 7. Respondent is in contempt of Court for failing to comply with the terms of Paragraph 4 of the Marital Settlement Agreement which may be enforced as an Order of the Court under Section 3105(a) of the Divorce Code. 8. Paragraph 14 of the Marital Settlement Agreement provides as follows: In the event that either party breaches any provision of this Agreement and the other party retains counsel to enforce any provision hereof, the breaching party shall pay the enforcing party's reasonable counsel fees and costs incurred in the enforcement hereof. 9. Counsel for Petitioner has written to and telephoned counsel for Respondent on numerous occasions requesting the amount due to Petitioner be paid, with either no response or several false promises that the money would be forthcoming. 10. Respondent has the ability to comply with the relevant provisions of the Marital Settlement Agreement. Further, at the time the Marital Settlement Agreement was signed, there was over $32,000.00 in escrow which Respondent retained. 11. Respondent should be responsible for Petitioner's counsel fees and costs in connection with the instant Petition and any hearings the Court deems necessary. 12. This Court has the authority pursuant to Sections 3105(a) and 3502(e) of the Divorce Code of 1980, as amended, to enter an Order directing Respondent to pay Petitioner $5,500.00, plus attorney's fees and costs in the amount of $750.00 within twenty (20) days, and any other sanctions the court sees fit. WHEREFORE, Petitioner hereby respectfully requests that this Court enter an Order finding Respondent in contempt and directing Respondent to pay Petitioner $5,500.00, plus attorney's fees and costs in the amount of $750.00 within twenty (20) days, and any other sanctions the court sees fit. MARTSON LAW OFFICES By Jennifer . pears, Esquire N 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 51(so Attorneys for Petitioner/Defendant MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT made and entered into this -30-*`- day of T CvtG?n , 2006, by and between Robert E. Knepper, hereinafter referred to as husband AND Sharon L. Knepper, hereinafter referred to as "wife", witnesseth: WHEREAS, the parties hereto are husband and wife, they having been married on March 28, 2002, in Martinsburg, Berkley County, West Virginia, and WHEREAS, the husband is represented by Michael B. Finucane, Esquire, and wife is represented by Jennifer Spears, Esquire; and WHEREAS, the parties hereto wish finally and for all time to settle and determine their respective property and other rights growing out of their marital relation, and wish to enter into this property and separation agreement; NOW, THEREFORE, in consideration of the promises and mutual undertakings herein container, intending to be legally bound hereby, the parties do mutually agree as follows: 1. Husb<<nd and wife agree that each of them shall retain free and clear from any claim of the other all items of personal property now in their possession. 2. Hustiind and wife agree that each of them will waive all rights they have to court ordered equitable distribution of marital property, support, alimony pendente lite, alimony„pr an a,,`nrard of counsel fees. 3. Husby nd and wife agree that each of them will agree'to sign upon request all necessary documents to complete any transfers above agreed upon. 4. Husband and wife agree that Robert E. Knepp receive the entire proceeds from,the sale of their marital home at 110 Big ?Woftoad, Shippensburg, Pennsylvania, cut of which proceeds he shall pay $5,500.00to Sliaron L. Knepper within 't . en.00) c6ys of the signing of this Agreement. 5. The respective duties, covenants and obligations of, each party under this Agreement shah not be dischargeable by, bankruptcy, but if any bankruptcy court should discharge a par'.y of accrued obligations to the other, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed t1f.'3reafter. EXHIBIT "A" .S 6. Excepfas otherwise herein expressly provided, the parties shall and do hereby mutually ,remise., release and forever discharge each other from any and all actions, suits, debts, cl-ims, demands and obligations whatsoever, both in law and in equity which either of them ever had, now has, or may hereafter have against the other upon or by reason o any matter, cause or thing up to the date of the execution of this agreement. Boih parties agree that they have not, other than as set forth herein, and will not in the future, incur any debts or make any contracts for which the other shall be liable and each further covenants to save the other, or their estates, free, harmless, and indemnified of and from all such debts and liabilities. 7. The parties hereby waive any right and transfer unto the other any interest that either has in the other's retirement plans, IRAs, pension plans, savings accounts, checking accounts, unemployment benefits, workmen's compensation benefits, causes of action, or any other item which constitutes marital property but which is now or hereafter in the name or title of the husband or wife. 8. It is the intention of the parties hereto that from and after the date of this agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end, .both waive, relinquish and forebear their rights to inherit, rights to claim or take a husband or wife's or family exemption or allowance, to be vested with letters of administration o'r testamentary, and to take against any will of the other. The parties further agree thc6 t they may and can hereafter, as though unmarried, without any joinder by him 'or her,' `sell, convey, transfer, and or encumber any and all real estate and personal property which either of them now or hereafter owns or possesses and further agree, that the recording of this agreement shall be conclusive evidence to all of his or her right to do so. Each of the parties hereto further waives any right of election contained in Chi' ipter 22 of the Pennsylvania Probate, Estate and Fiduciaries Code. 9. Regardless of any physical reconciliation which might occur, the parties shall only effect. a legal reconciliation which supersedes this agreement by their signed agreement con?aining a specific statement that they have reconciled and that this agreement shalt be null and void; otherwise, this agreement* shall remain in full force and effect, and 4.6o marital rights or obligations will accrue hereafter: 10. This' Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. 11'. This: Agreement constitutes the entire understanding , of the parties. It supersedes anyf and: all prior agreements between them. There are no representations or warranties other than those expressly herein set forth. This .agreement shall survive integration by c ny Court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and mad,: be enforced as an independent contract. The parties shall each furnish at the time of the signing of this Agreement signed Consents and Waivers of Notice for the entry`of a na-fault divorce decree. *. 2 12: The 'Parties hereto covenant and agree that this Agreement shall extend to and be binding ?' upon their heirs, devisees, executors, administrators and assigns, of both and each of the parties hereto. 13. The parties hereto state that she or he, in the procurement and execution of this agreement, has not been subjected to any fraud, concealment, overreaching, imposition, coer,ion, or other unfair dealing on the part of the other, or on the part of the other's counsel. 14. In the event that either party breaches any provision of this Agreement and the other party retains counsel to enforce any provision hereof, the breaching party shall pay the enforcing party's reasonable counsel fees and costs incurred in the enforcement hereof. 15. In the event that either party seeks to set aside any provision of this Agreement and xhe other party retains counsel to enforce any provision so sought to be set aside, the ' Party defending the Agreement, if successful in such defense, shall receive all of hip or her reasonable counsel fees and costs incurred in such defense form the other party. 16. Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to the signing below. IN WITN"=SS WHEREOF, the parties have set their hands and seals to this agreement. J WITNESS: /l t Al BERT E. KNEP R (date) ?- 1 -4 31) SHARON L. EPP (date) 3 STATE OF PENNSYLVANIA ) ( SS: COUNTY OF FRANKLIN ) On this, the -, day of -P- CCU- t - , 2006, before me, a Notary Public, the undersigned officer, personally appeared Robert E. Knepper, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Rachel A. Harbaugh, Notary Public Chambersburg Boro, Franklin County My Commission Expires Mar. 15, 2009 Member. Pennsylvania' Association of Notaries STATE OF PENNSYLVANIA ) ( SS: COUNTY OF b-.LrnIt (t.nV>` 1 ) 'On this. 'the 71-) day of ",C-0-h 2006, before me, a Notary Public, the undersigned officer, personally appeared Sharon: L. Knepper, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Michelle W. McCoy, Notary Public South Middleton Twp., Cumberland County My Commission Expires Nov. 18, 2009 Member, Pennsylvania Association of Notaries 4 VERIFICATION The foregoing Petition for Contempt and to Enforce Marital Settlement Agreement is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if l make knowingly false averments, I may be subject to criminal penalties. Sharon Kn ePPer F: \FaM\DATAHLE\GeneraACmrart\ 11000\ 11000.1. enforcama N 4-10, ?i°.d a CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Law Offices hereby certify that a copy of the foregoing Petition for Contempt and to Enforce Marital Settlement Agreement was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michael B. Finucane, Esquire 14 North Main Street, Suite 500 Chambersburg, PA 17201 MARTSON LAW OFFICES Trici . Eckenroad en East High Street Carlisle, PA 17013 (717) 243-3341 Dated: f ? 11p, a667 _i J7- C..+ F:\FILES0ATAFILE\Grneral\Currrnt\11000\I I000 1rnfottatsa Created 9/20/04 0:06PM Revised 5/10/07 424PM ROBERT E. KNEPPER, Plaintiff/Respondent V. SHARON L. KNEPPER, Defendant/Petitioner 14 AY 18 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1306 IN DIVORCE RULE TO SHOW CAUSE W I AND NOW, this day of May, upon consideration of the attached Petition for Contempt and to Enforce Marital Settlement Agreement, it is hereby Ordered that Respondent show cause, if any there be, why the Marital Settlement Agreement should be not enforced. Rule returnable 10 days after service. BY THE COURT, . ?k -?. ?A M. L. Ebert, Jr., J. cc: Xichael B. Finucane, Esquire - for the Plaintiff/Responden ,,Anifer L. Spears, Esquire - for the Defendant/Petitioner _a F:\FILES\11000\11000. LpedtlonruleWe Jennifer L. Spears, Esquire r?j MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER C7 CS MARTSON LAW OFFICES I.D. 87445 - - 10 East High Street Carlisle, PA 17013 (717) 243-3341 - Attorneys for Plaintiff = - W. ROBERT E. KNEPPER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-1306 SHARON L. KNEPPER, Defendant/Petitioner IN DIVORCE n M? ^t.J .,.,1 PETITION TO' MAKE RULE ABSOLUTE AND NOW, Petitioner, Sharon L. I?nepper, by and through her attorneys, MARTSON LAW OFFICES, files this Petition Make Rule Absolute as follows: 1. Petitioner filed a Petition for Contempt and to Enforce Marital Settlement Agreement on May 17, 2007. 2. A Rule was issued on May 23, 2007. 3. Despite calls made to Respondent's attorney, no response was filed to said Petition or Rule. 4. The Honorable M.L. Ebert, Jr., signed the Divorce Decree in this matter. WHEREFORE, Petitioner hereby respectfully requests that this Court to enter an Order finding Respondent in contempt and directing Respondent to pay Petitioner $5,500.00, plus attorney's fees and costs in the amount of $750.00 within twenty (20) days of said Order, and any other sanctions the court sees fit. MARTSON LAW OFFICES By ;64V/ Je if Spears, Esquire 10 East High Street Carlisle, PA 17013 l? a?,7 (717) 243-3341 Date: Attorneys for Petitioner/Defendant CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authori2ed agent for Martson Law Offices hereby certify that a copy of the foregoing Petition to Make Rule Absolute was served this date by depositing same in the Post Office at Carlisle, PA, first class mai?, postage prepaid, addressed as follows: Michaellll B. Finucane, Esquire 14 North Main Street, Suite 500 Charm persburg, PA 17201 MARTSON LAW OFFICES By Eckenroad en East High Street Carlisle, PA 17013 (717) 243-3341 II Dated: July 10, 2007 II VIII .? V ? \ t ?? F:\FILES\1 1000\11000. Lpetitionrule Created: 9/20/04 0:06PM Revised: 7/10/07 9:48AM JUL 11 MOM ROBERT E. KNEPPER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-1306 SHARON L. KNEPPER, Defendant/Petitioner IN DIVORCE ORDER tk AND NOW, this l day of July, 2007, upon consideration of the Petition to Make Rule Absolute, it is Ordered and Decreed that Respondent pay Petitioner $5,500.00, plus attorney's fees and costs in the amount of $750.00 within twenty (20) days of this Order. BY THE COURT, S11' M. L. Ebert, Jr., Judge cc: Michael B. Finucane, Esquire - for the Plaintiff/Respondent -7,1,3-o7 Jennifer L. Spears, Esquire - for the Defendant/Petitioner ?'`' /? 41 r. 7 qC : I I WV C 17W LOOZ RAE jo