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HomeMy WebLinkAbout09-0662?i Pamela L. Purdy Attorney ID No. 85783 308 N. Second St., Suite 200 Harrisburg, PA 17101 (717) 221-8303 (717) 221-8403 facsimile plpurdy@verizon.net Attorney for Plaintiff SUZI L. SANDERS, SCOTT SANDERS, Plaintiff V. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09- (o(va Civt? ?1°,r?• IN DIVORCE 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 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 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 the Cumberland County Courthouse, Carlisle, PA. 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 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 PIAA?- P MELA L. PURDY ATTORNEY FOR PLAINTIFF Pamela L. Purdy Attorney ID No. 85783 308 N. Second St., Suite 200 Harrisburg, PA 17101 (717) 221-8303 (717) 221-8403 facsimile plpurdy@verizon.net Attorney for Plaintiff SUZI L. SANDERS, SCOTT SANDERS, Plaintiff V. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. o 9- G 6, 9c 6c?,-j -? : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Suzi L. Sanders who currently resides at 278 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania. 2. Defendant is Scott Sanders who currently resides at 7980 Bull Road, Lewisberry, York County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 12, 1998 at Marietta, Pennsylvania. S. There have been no prior actions of divorce or for annulment between the parties. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER 3301(C) AND (D) OF THE DIVORCE CODE 6. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 7. The marriage of the parties is irretrievably broken. 8. The grounds on which the action for divorce is based are: A. Section 3301(c): The marriage of the parties is irretrievably broken. After 90 days have elapsed from the filing of this Complaint, it is believed the parties will file Affidavits of Consent to a divorce. B. Section 3301(d): The marriage of the parties is irretrievably broken. After two years from the date of separation, Plaintiff intends to file an Affidavit alleging that the parties have lived separate and apart for a period of two years and that the marriage is irretrievably broken, and she anticipates that Defendant will not deny that the parties have been separated for a period of at least two years and that the marriage is irretrievably broken. WHEREFORE the Plaintiff requests this Court to enter a decree of divorce under Section 3301(c) or (d) of the Divorce Code. COUNT II EQUITABLE DISTRIBUTION 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. Plaintiff and Defendant have acquired various items of marital property which are subject to equitable distribution by this Court under Sections 3501 and 3502 of the Divorce Code. 11. Plaintiff and Defendant have not agreed on an equitable distribution of this property. WHEREFORE, Plaintiff requests the Court to enter an order equitably dividing all of the property. Respectfully submitted, Pamela L. Purdy Attorney for Plaintiff Dated: ;bfvl 3,7041 VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. uzi nd s Dated: a)5109 Q ? a b r• n ? C.f t AFFIDAVIT State of Pennsylvania ) SS: County of Demphi? pr1 trk 09, f O ?k _RYM Before me the subscriber personally appeared to me known, being duly sworn according to law, doth depose and say that on February 16, 2009 at 2:30 p.m. I served Scott Sanders in person, a copy of a Notice To Defend and Claim Rights and a Complaint in Divorce in the matter of Suzi L. Sanders vs. Scott Sanders, No. 09-662 Civil Term in Divorce in the Court of Common Pleas Cumberland County, PA, at his residence of 7980 Bull Rd., Lewisberry, PA 17319, and further deponent sayeth not oe-'M4 David M. Gottlieb 5235 N. Front St. Harrisburg, PA 17110 Sworn and subscribed before me this 17/Oday of 2009 67 Notary is COMMONWEALTH C? . ;PENNSYLVANIA Notarir I Seal WW* M. Johnston, Notary Public SUegtteh ma Twp., Dauphin County MyOommission Expires Oct. 24, 2 009 David M. Gottlieb Member, Pennsylvania Association of Notaries ' ? , ? .i --7 ?-; :. ;=s?i ?a c?a -.r.,, ?_ ';:.. ?, ?- -. ??: ?f ? ?? ?;?; ear --? Marlin L. Markley, Esquire FOREMAN, FOREMAN & CARACIOLO, P.C. 112 Market Street, 6th Floor Harrisburg, PA 17101 Attorney ID No. 84745 (717) 236-9391- Telephone (717) 236-6602 - Facsimile Attorney for Defendant SUZI L. SANDERS, Plaintiff, V. SCOTT SANDERS, Defendant. TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 09-662 Civil Term IN DIVORCE ENTRY OF APPEARANCE Kindly enter my appearance on behalf of the Defendant, Scott Sanders, in the above captioned matter. Respectfully submitted, FOREMAN, FQJWMA Q & CARACIOLO, P.C. Marlin L rV(ey, Esquire 112 Market Stieet, 6tJ1 Floor Harrisburg, A 17101 Attorney ID No. 84745 (717) 236-9391- Telephone (717) 236-6602 - Facsimile Attorney for Defendant Marlin L. Markley, Esquire FOREMAN, FOREMAN & CARACIOLO, P.C. 112 Market Street, 6th Floor Harrisburg, PA 17101 Attorney ID No. 84745 (717) 236-9391- Telephone (717) 236-6602 - Facsimile Attorney for Defendant SUZI L. SANDERS, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA V. No. 09-662 Civil Term SCOTT SANDERS, Defendant. IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Entry of Appearance upon the persons by First Class Postage Paid Mail, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing the same by first class mail, addressed as follows: Pamela L. Purdy 308 North Second Street Suite 200 Harrisburg, PA 17101 IV I Date: 9 Respectfully submitted, FOREMAN, FOREMAN & CARACIOLO, P.C. 0 D 'elle L. Cook, Secretary for Marlin L. Markley, Esquire 112 Market Street, 6th Floor Harrisburg, PA 17101 Attorney ID No. 84745 (717) 236-9391- Telephone (717) 236-6602 - Facsimile Attorney for Defendant FILE CTF THEE AY 2009 APP 29 PM 2: 38 rr ?? r- ' ~, I ,_ ~ . Pamela L. Purdy, Esquire Attorney I.D. No. 85783 308 N. 2"d St., Ste. 200 PO Box 11544 Harrisburg, PA 17108 (717) 221-8303 tel (717) 221-8403 fax plpurdyC verizon.net Counsel for Plaintiff SUZI L. SANDERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. NO. 09-662 CIVIL ACTION -LAW SCOTT SANDERS, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on February 9, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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. Dated: ~ ~ I ~~~ ~ ~. ~ /Ja ~c~,~ Suzi Sa ers -2- ~' ii ~ ' .. ,C. t7~ ~ r ~7'-, r~ ..- ~~~: .. .~+, i Pamela L. Purdy, Esquire Attorney I.D. No. 85783 308 N. 2"d St., Ste. 200 PO Box 11544 Harrisburg, PA 17108 (717) 221-8303 tel (717) 221-8403 fax plpurdy~verizon.net Counsel for Plaintiff SUZI L SANDERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. SCOTT SANDERS, Defendant NO. 09-662 CIVIL ACTION -LAW IN DIVORCE 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 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 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. ~ CVYtG~~t.4 ~~ ~ ~~~ p Suzi Sa ders ` Dated: -2- r ~~~~~ ~ - ~r CU~~! '~ 4 ,~i`ij'1~ ' }d r~3 Il~ ~ rF+ ter 11 ~ ~., i, Pamela L. Purdy Attorney ID No. 85783 308 N. Second St., Suite 200 Harrisburg, PA 17101 (717) 221-8303 (717) 221-8403 facsimile plpurdy~verizon.net Attorney for Plaintiff SUZI L. SANDERS, :. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 09-662 SCOTT SANDERS, ; Defendant IN DIVORCE PRAECIPE TO WITHDRAW ECONOMIC CLAIMS TO THE PROTHONOTARY: Kindly withdraw the Equitable Distribution Count in the Divorce Complaint and the Petition Raising Economic Claims that were filed to the above caption. Dated: ~ 1 Attorney for Plaintiff CERTIFICATE OF SERVICE Z~~' The undersigned certifies that on this day of July, 2010, a true and correct copy of the foregoing Praecipe to Withdraw Complaint in Custody. was served by first-class mail, postage prepaid, upon the following: Marlin Markley, Esquire 3920 Market Street, Suite 303 Camp Hill, PA 17011 Pamela L. Purdy RM-OFFICE f-T THE Wn "J',NMAAY SUZI L. SANDED AUG S AM 9• 14 am 1f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWBL-Tk, i Q ± UNTY vs. PENNSYN" SCOTT SANDERS, Defendant No. 09-662 CIVIL ACTION - AT LAW - IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 9, 2009. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of the 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. 4. 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: Signature: 1.?? . Scott Sanders nc Tpl' I pTl?RY SUZI L. SANDER% AUG 25 AM g: {5 Plaintiff CUMB= ??4 4ia aout Y vs. PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 09-662 SCOTT SANDERS, Defendant CIVIL ACTION - AT LAW - IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE 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 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. 4. 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 unworn falsification to authorities. Date: Signature: Scott Sanders SUZI L. SANDERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09 -- 662 CIVIL SCOTT SANDERS, Defendant IN DIVORCE ORDER OF COURT AND NOW, this _ day of yy, 2010, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on July 7, 2010, the date set for a conference, the agreement and stipulation having been transcribed and signed by the parties, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent and waivers of the parties so that a final decree in divorce can be entered. BY THE COURT, cc: r ela L. Purdy At orney for Plaintiff Marlin L. Markley, Jr. Attorney for Defendant 1 g1^t f !v Kevin A.. Hess, P. J. - 1) r T, 1 CD r SUZI L. SANDERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09 - 662 CIVIL C? SCOTT SANDERS, MT Defendant IN DIVORCE a , --3 T -T7 _ THE MASTER: Today is Wednesday, July •• V 6 < -? 2010. This is the date set for a conference with counsel in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff's attorney, Pamela L. Purdy and the Defendant's attorney, Marlin L. Markley, Jr. Each of the parties, Suzi L. Sanders and Scott Sanders are listening to the comments made by the Master and will subsequently listen to the statement of the agreement on the record by telephone. They have indicated that they hear what is being stated and after the agreement is on the record, we will ask them to identify themselves to acknowledge that they have heard what is stated and they agree with the agreement as related by the attorney for wife. Pamela Purdy is going to put the agreement on the record in the presence of Mr. Markley and with the parties listening by telephone. This action was commenced by the filing of a complain= in divorce on February 9, 2009. The grounds for divorce raised in the complaint are irretrievable breakdown of the marriage. The parties are going to sign affidavits 1 F of consent and waivers of notice of intention to request entry of divorce decree and will file those affidavits and waivers within ten (10) days of today's date with the Prothonotary. The divorce can, therefore, proceed under Section 3301(c) of the Domestic Relations Code. The complaint also raised the economic claim of equitable distribution. On March 23, 2010, the Plaintiff filed a petition raising additional claims of counsel fees and costs. Neither party has raised a claim for alimony. The agreement as stated on the record is going to be the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The agreement is going to be transcribed and will be sent to counsel for review for typographical errors. We will make correction of typographical errors as necessary with the understanding that no substantive changes can be made to the agreement. Consequently, after the agreemen- has been stated on the record today, the parties are bound by the terms of the agreement even though they do not subsequently sign the agreement affirming the terms of settlement. However, the agreement is going to be transcribed as noted and the parties will be asked to affix their signatures to the agreement after the agreement has been reviewed for correction of typographical errors. The 2 signing of the agreement by the parties will be an affirmation of the terms of settlement as stated on the record. Upon receipt by the Master of the completed agreement, and the Master having been notified that affidavits of consent and waivers of notice of intention to request entry of divorce decree have been filed, the Master will prepare an order vacating his appointment. The parties were married on September 12, 1998, and separated in November 2007. There is one minor child of the marriage who is in the custody of the wife. Ms. Purdy. MS. PURDY: 1. The parties agree that the proceeds from the sale of the marital home totalling $47,553.75 as of May 15, 2009, and having accrued interest since that time, shall be the sole and separate property of wife. Husband waives all right, title, claim and interest in and to said proceeds from the sale of the marital home. Any and all tax consequences arising out of the sale of the marital home shall be the responsibility of wife. 2. The parties agree that the following marital assets shall be distributed to husband: Husband's Vanguard IRA; pension; Husband's Harley Davidson Company 401(k); Husband's Harley Davidson Company defined benefit Husband's Harley Davidson motorcycle. Wife waives all right, title, claim, and interest in the assets distributed to husband as set forth in this 3 F paragraph. 3. The parties waive any and all rights to alimony and/or counsel fees from the other party. 4. The parties acknowledge that no marital debts remain arising from the marriage. All debts remaining shall be the responsibility of the party in whom those debts are named. 5. The parties acknowledge that they have previously distributed the marital personalty and each party agrees that the personalty now in their possession shall be their sole and separate property. 6. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all. rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act: as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. THE MASTER: Mr. Sanders, what is your mailing address? MR. SANDERS: It is 7980 Bull Road, Lewisberry, PA 17319. THE MASTER: Ms. Sanders? MS. SANDERS: 194 Alanthia Lane, Etter_s, PA 17319. MR. MARKLEY: Scott, Did you hear everything the Divorce Master and Ms. Purdy put on the record? MR. SANDERS: Yes, I did. 4 I MR. that they stated? MR. MR. for me or for anyb MR. MR. agreement? MARKLEY: SANDERS: MARKLEY: ody here? SANDERS: MARKLEY: Do you understand everything Yes, I do. Do you have any questions at all No, I don't. You are satisfied with the MR. SANDERS: Yes, I am. MS. PURDY: Suz.i, did you hear everything that was placed on the record that Mr. Elicker and I stated? MS. SANDERS: Yes. MS. PURDY: Do you have any questions with regard to the distribution as it was stated on the record? MS. SANDERS: No. MS. PURDY: And are you in agreement and do you understand that this agreement may not be modified going forward? MS. SANDERS: Yes. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be 5 imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: v _ P mela L. Pur y Attorney for Plai iff DATE: Suzi . Sanders ti, nF 1 11?.Q?L Z?f""' ? . 1"'1L 1, 6 SUZIL.SANDERS V. SCOTT SANDERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-662 NO. DIVORCE DECREE AND NOW, ~dc,®`~ ~ y Z o t a , it is ordered and decreed that SUZI L. SANDERS plaintiff, and SCOTT SANDERS ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. 1'he court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") By the Court, ~~~(R ~/O ~iur~ CD~ U Yvla:. ~ ~ ~ f~ lard cd O p