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HomeMy WebLinkAbout10-1086F1LED--0t:; inc Z010 FE9 12 PEP 2: 09 KATY E. KEPNER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff n CASE NO: 10 - IO o l?tvi l?rM V. DAVID J. KEPNER, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE COUNT I - DIVORCE AND NOW, comes the Plaintiff, Katy E. Kepner, by and through her counsel, Cunningham & Chernicoff, P.C., and seeks to obtain a Decree in Divorce from the Defendant, David J. Kepner, and support: thereof avers as follows: 1. The Plaintiff, Katy E. Kepner ("Plaintiff'), currently resides at 212 Creekwood Drive, Camp Hill, Cumberland, County, Pennsylvania 17011. The Plaintiff is a citizen of the United States of America. Plaintiff's Social Security Number is 197- 64-8375. 2. The Defendant, David J. Kepner, ("Defendant"), currently resides at 40 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. The Defendant is a citizen of the United States of America. Defendant's Social0 s Security Number is 163-70-0261. $341.50 P D A 0-0 /a 3,R4 zrs(o? AL at . 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least the last six (6) months immediately previous to the filing of this Complaint. 4. The Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least the last six (6) months immediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married on August 5, 2006 in Cumberland County, Pennsylvania. 6. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of counseling and that Defendant may have the right to request that the Court the parties to participate in counseling. WHEREFORE, Plaintiff, Katy E. Kepner, hereby respectfully requests this Honorable Court to enter a Decree in Divorce from the bars of matrimony. COUNT II - EQUITABLE DISTRIBUTION 9. The averments of Paragraphs 1 through 8 are incorporated herein by reference as if fully set forth. 10. During the course of the marriage, the parties acquired marital property. 2 VERIFICATION I verify that the statements made in the foregoing 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. KATY . KEPN Date: ? 1 , 2010 WHEREFORE, Plaintiff, Katy E. Kepner, hereby respectfully requests this Honorable Court to determine, divide, distribute and assign the marital property of the parties pursuant to Section 35 of the Divorce Code. Respectfull Date: February 9, 2010 By: I.D. 9#87365 C //- 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 Attorneys for Plaintiff F:\Home\KKNIGHnDOCS\KEPNER.KATY\Complaint. WPD ID - 108Io Civi 1 Te'rlw AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss; I, KATY E. KEPNER, being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. (2) I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. (3) Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Y KATY E-CEPNER r r7 'y SWORN and Subscribed to r t Before me this1 day -t?'? of 2010 , z OTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JULIEANNE AMETRANO, Notary Public City of Harrisburg, Dauphin County My Commission Expires February 22, 2011 ?0 _ IC& CIV1 iTerM AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss; The Plaintiff, being duly sworn according to law, deposes and says that she is the Plaintiff in the above captioned matter and that he personally knows that the Defendant is over the age of eighteen (18) years. The Plaintiff further avers that the Defendant is not in the Military Service or in any branch of the Armed Forces of the United States of America or its Allies or otherwise within the provisions of the Soldier's and Sailors' Civil Relief Act of Congress of 1940 and its Amendments. KATY KEPNE r- °- U ?.. -? 71. _ Q Y"I7 m SWORN and Subscribed to - - i N Before me this day I of k1i??cLr??? , 2010. 7 t Na C:) 3 'ARY PUBLIC t„NMMWMXW& 1L. H Vk VENNSYLVANIA NOTARIAL SEAL JULIEANNE AMETRANO, Notary Public City of Harrisburg, Dauphin County My Commission Expires February 22, 201 t KATY E. KEPNER, 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CASE NO: 10-1086 ~ a l/ V. : _ ca '"i'1 -t7 ('ZJ ~ DAVID J. KEPNER, ~. `': ~ t, . ~7 CIVIL ACTION -LAW _ --~ - ~ ~' ~ Defendant IN DIVORCE ~._ ~„ ~~., ~ j -~~ A C ' _, ~~ O rn . N C!'t CERTIFICATE OF SERVICE p ~ I, Julieanne Ametrano, Legal Secretary for the law office of Cunningham & Chernicoff, P.C., do hereby certify that a true and correct copy of the Complaint in Divorce was served upon Defendant in the above-captioned matter on February 26, 2010 as evidenced by the attached certified mail return receipt attached hereto as Exhibit "A" Mr. David J. Kepner 40 East Locust Street Mechanicsburg, PA 17055 CUNNINGHAM & CHERNICOFF, P.C. By: Julieanne Ametrano 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17110 Telephone: (717) 238-6570 Date: March 2, 2010 F:\FIome\KKNIGHT\DOCSUCEPNER. KATY\COS. Complaint. wpd EXHIBIT `A' ^ complete Items 1.-2; end 3. Also c~mple~ts Item a M Reaatcted Delwery Ia desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach thin card to the back of the mallpiece, or on the front tf space perrnlta. 1. Ankle Addressed to ~;CU~4~~ J. ~~>~. ~ G~c,s 1 L.~- ~S~ . X~ a Re~Yea ey ~pn~n~ ~ c. D~ca a Da~n~ery j 1 ~ f~V ~ , D. b deNvery eddreee different from Item 1? Q Yes n YES, er><er delivery address t~elow: D No i '' ~ „ ~- ~~ a D tiati.n fiealpt 1br Nterol,endba ~~ ~~ [] irbtred f+Aa9 D aO.l~ ~~~ ~' ~sN11ber ''~ 7DD8 DSDD DDD1 4447 3D25 ~+«~~~ P3 Folm 3811 ~ Fetxuary 2000 Dontestla Return Retest ,a2sea~2-M.,ser .~ • ~ ~ ,. . • . 0 m h- ~ ~ ! ~ age s Q-~56 ERG ~ CerdNed Fes ~~Z~ -y ~ ~ Refum Receipt Fee F v O (Endorsement Required) ,~ Q ReaMcted Delivery Fee ~ ~ (Endoreement flequired) GS u'! Total Postage & Fees $ PS 0 O O t'`- KATY E. KEPNER, Petitioner/Pla V. DAVID J. KEPNER, The Petition of P ("Petitioner") for Rule A 1. On or abc Divorce requiring marital re IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE NO: 10-1086 c. N .'i7 ~" n) -i~, T G CIVIL ACTION -LAW - ~ r . ~, .._ ~. . .~ : __., ,~ ^' .. ~ PETITION FOR RULE ABSOLUTE titioner/Plaintiff, Katy E. Romberger f/k/a Katy E. Kepner in the above-captioned matter is as follows: June 8, 2010, Petitioner filed a Petition for Special Relief under the le (the "Petition") requesting this Honorable Court issue an Order Respondent/Defendant, David J. Kepner ("Respondent") to list the ence known and numbered as 40 East Locust Street, Mechanicsburg, Cumberl d County, Pennsylvania 17055 for sale with athird-party within ten (10) days om the date of the Court's Order, pay all outstanding arrears owing on .the mortg ge to Chase Home Finance and indemnify Petitioner from all past and future mo gage payments involving the marital residence. 2. On June 0, 2010, this Honorable Court entered a Rule to Show Cause (the "Rule to Cause" upon the Respondent to show cause, if any he had, why the Petition should no be granted. 3. The Rule o Show Cause was returnable within twenty (20) days after service upon the espondent. A true and correct copy of the Rule to Show Cause is attached ereto as Exhibit "A" and is incorporated herein by reference. 4. The Rule o Show Cause was properly served upon Respondent on June 11, 2010. 5. More th twenty (20) days have elapsed from the time of service of the Rule to Cause up n the Respondent. 6. As of the ate of this Petition for Rule Absolute, the Respondent has not responde to the Rule to Show Cause. 7. In accord ce with Pennsylvania Rule of Civil Procedure 206.7(a), the lack of response y the Respondent operates as an admission and acceptance of all averment of fact in the Petition for Special Relief under the Divorce Code and allows thi~ Court to enter an appropriate Order. WHEREFORE, requests this Honorable specifically in her Peti etitioner, Katy E. Romberger f/k/a Katy E. Kepner, hereby respectfully ;ourt enter the attached Order granting the relief requested more n for Special Relief under the Divorce Code. Respectfully sybfili Date: July 16, 2010 By: L~#87365 (. 2 20 North Seco d Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 Attorneys for Petitioner EXHIBIT `A' i; KATY E. R011 f/k/a KATY E. v. DAVID J. KEPNER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE NO: 10-1086 CIVIL ACTION -LAW IN DIVORCE ORDER AND NOW,1 the Annexed Petition issued against the Re; the relief sought in th Rule us ~_ day of 2010, upon revievV and consideration of For Special Relief p uant to Section 3502 of the Divorce Code, A Rule is pondent/Defendant, David J. Kepner, to show cause if any he has, of why ;Annexed Petition should not be granted. ~K U days from date of service. J. ~,~~- CERTIFICATE OF SERVICE I, Julieanne An P.C., do hereby certify will be served by elect: 10, Legal Secretary for the law office of Cunningham & Chernicoff, a true and correct copy of the PETITION FOR RULE ABSOLUTE means and/or first class U.S. Mail on the following parties indicated: Mr. David J. Kepner 40 East Locust Street Mechanicsburg, PA 17055 CUNNINGHAM & CHERNICOFF, P.C. U'~',c.~> ~t,~2d,,~,~ By. Julieanne Ametrano 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17110 Telephone: (717) 238-6570 Date: July 16, 2010 F:~I-Iome~KICDIIGH'[\DOCS~ICEPNER.KA~I'Y~Petition for Rule Absolute.wpd ~ ' JUL 21 2010 (~ KATY E. KEPNER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner/Plaintiff CASE NO: 10-1086 v. DAVID J. KEPNER, CIVIL ACTION -LAW Respondent/Defendant IN DIVORCE ORDER AND NOW, this til day of , 2010, upon review and consideration of the Annexed Rule to Show Cause and the P iti n for Special Relief pursuant to Section 3502 of the Divorce Code, and upon Respondent's is hereby required to: 1. List the Marital Residence known and numbered as 40 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 for sale by a third-party within ten (10) days from the date of this Order; 2. Ensure that all past arrears due on the Mortgage on the Marital Residence are cured within the sixty (60) days from the date of this Order; and 3. To indemnify the Petitioner, Katy E. Romberger f/k/a Katy E. Kepner, from all past and future mortgage payments and/or arrears due on the mortgage on the Marital Residence. r• ~'~-s rn~. t Los C ~- ~~~ ~/~~,~ ~~ ~~ n N t_~ J 0 [_ -~! _ f - _~ Tt - r ,,. ~~ __; rr, ~ _ ;; ~ ~, 1^ -- ~' 1. KATY E. ROMBERGER IN THE COURT OF COMMON PLEAS f/k/a KATY E. KEPNER, OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner/Plaintiff CASE NO: 10-1086 V. cl? _n HONORABLE KEVIN A. HESS DAVID J. KEPNER, CIVIL ACTION - LAW ` Res ondent/Defendant IN DIVORCE a C:7 = -i a rte". PETITION FOR CONTEMPT AND NOW, comes the Petitioner/Plaintiff, Katy E. Romberger f/k/a Katy E. Kepner, by and through her counsel, Cunningham & Chernicoff, P.C., who respectfully presents her Petition for Contempt and in support thereof as follows: 1. Petitioner/Plaintiff is the Plaintiff, Katy E. Romberger f/k/a Katy E. Kepner ("Petitioner"), is an adult individual and the Plaintiff in this matter, with a current address of 212 Creekwood Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Respondent, David J. Kepner ("Respondent"), is an adult individual currently residing at 40 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. He is the Defendant in this matter. 3. On July 21, 2010, this Honorable Court issued an Order (the "Order") granting Petitioner's Petition for Special Relief Pursuant to §3502 of the Divorce Code and issuing Respondent to do the following: i. List the marital residence known and numbered as 40 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 for sale by a third-party within ten (10) days from the date of the Order; ii. Ensure that all past arrears due on the mortgage on the martial residence were cured within sixty (60) days from the date of the Order; and iii. To indemnify the Petitioner, Katy E. Romberger f/k/a Katy E. Kepner, from all past and future mortgage payments and/or arrears due on the mortgage on the marital residence. 4. Respondent has willfully and unilaterally violated the terms of this Order. Respondent has failed to abide by any of the provisions set forth in this Court's Order. 6. All documentation and pleadings pertaining to the divorce have been sent to Respondent's proper address of 40 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 7. On or about August 17, 2010, counsel for Petitioner received a call from Respondent, who claimed to be unrepresented by legal counsel at that time. During the course of that conversation, Respondent indicated that he did not receive any of the documentation or Orders from this Court pertaining to the Petition for Special Relief. However, Respondent confirmed that his proper address has been, and remains, 40 East Locust Street, Mechanicsburg„ Cumberland County, Pennsylvania 17055. As a result of the telephone conversation with Respondent, Petitioner's counsel resent all documentation involving the Petition for Special Relief Under the Divorce Code including a copy of this Court's Order dated July 21, 2010. A true and correct copy the correspondence sent to Respondent: on August 18, 2010 by Petitioner's counsel is attached hereto as Exhibit "A" and is incorporated herein by reference. 9. Time deadlines set forth in this Court's Order have expired. 10. Based on Respondent's assertions that he did not receive this Court's Order, Petitioner granted an additional ten (10) days after August 18, 2010 for Respondent to abide by the mandate set forth in this Court's Order. 11. As of the date of this Petition, Respondent still has willfully failed to abide by this Court's Order of July 21, 2010. 12. Due to Respondent's obdurate and vexatious conduct, Petitioner requests an Order of Contempt be issued against Respondent requiring the strict enforcement of this Court's July 21, 2010 Order and reimbursement from Respondent for all her costs and attorney fees she has incurred as a result of filing this action to enforce her rights under the existing Order. WHEREFORE, your Petitioner/Plaintiff, Katy E. Romberger f/k/a Katy E. Kepner, hereby respectfully requests that her Petition for Contempt be granted, that an Order of Contempt be issued against Respondent/Plaintiff, David J. Kepner, and that the mandate set forth in this Honorable Court's Order of July 21, 2010 be strictly enforced. Petitioner/Plaintiff further requests reimbursement for all her costs and attorneys' fees accrued in conjunction with the necessity of filing the above-captioned matter. Finally, Petitioner/Plaintiff respectfully requests this Honorable Court grant her such further relief as is just and proper. I Respectfully submittied., CLYNMNG? & CHE F, P.C. f Date: September 1 2010 By: ?€I 'k ell "M. 1i;,tsquyr'e I.D. #87365 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 Attorneys_for Plaintiff /Petitioner 7117 VERIFICATION I, Katy E_ Romberger fWa Katy E. Kepner, verify that the statements made in the foregoing PETITION FOR CONTEMPT are true and correct. I understand that false statements herein are made subject to tbe. penalties of 19 Pa. C_S_ §49(14, relating to UUsworn. t'alsi.ficati,oa to autboraties_ EX1ilBIT A. 1 JORDAN D. CUNNINGHAM CUNNINGHAM & CHERNICOFF, RC. ROBERT E. CHERNICOFF MARC W WITZIG ATTORNEYS AT LAW BRUCE J. WARSHAWSKY P.O. BOX 60457 KELLY M. KNIGHT HARRISBURG, PENNSYLVANIA 17106-0457 TRACY L. UPDIKE TELEPHONE (717) 238-6570 FAX (717) 238-4809 August 18, 2010 Mr. David J. Kepner 40 East Locust Street Mechanicsburg, PA 17055 RE: Katy E. Kepner v. David J. Kepner Cumberland County No: 10-1086 File No: 700510 Dear Mr. Kepner: HERSHEY TELEPHONE (717) 534-2833 IRS NO. 23-2274135 Street Address: 2320 N. 2nd Street Harrisburg, PA 17110 Writer's Direct Email; kmkCa1cclawac.com I am writing this letter in response to your telephone call to my office of August 17, 2010. During the course of that conversation, you informed me that you did not have an attorney representing you in the above-captioned divorce action. If you have retained an attorney since that time, please forward this correspondence and any and all attachments to his/her attention immediately. I have attached to this correspondence a copy of the following; 1. The Petition for Special Relief Under the Divorce Code filed with the Court on June 8, 2010, and served on you June 7, 2010, at 40 East Locust Street, Mechanicsburg, PA 17055 as* evidenced by the attached Certificate of Service. 2. The Judge's Order dated June 10, 2010, which was properly served upon you on June 11, 2010, requiring you to respond to the Rule to Show within twenty (20) days from the date of service. 3. The Petition for Rule Absolute that was filed with the Court on or about July 16, 2010. 4. Finally, a copy of this Court's Order dated July 21, 2010. During the course of our conversation you informed me that your proper address has been and remains 40 East Locust Street, Mechanicsburg, PA 17055. As you can see from the documents, all such documents were served to you at that address. CUNNINGHAM & CHERNICOFF, P.C. ATTORNEYS AT LAW Mr. David J. Kepner August 18, 2010 Page 2 As previously stated, it is our intention to file a Petition for Contempt with the Court due to your failure to abide by the mandates set forth by this Court's Order dated July 21, 2010. If you would like to discuss these matters further, please feel free to contact me. Again, if you have retained an attorney please forward these attachments and correspondence to his/her attention and have him/her contact me immediately. .C. KMK/sas Enclosures cc w/encl. (letter) Katy E. Romberger F:\HomeW"GHTM)OCS\KEPNERKATYVA8I 8I O.wpd CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Secretary for the law office of Cunningham & Chernicoff, P.C., do hereby certify that a true and correct copy of the PETITION FOR CONTEMPT will be served by electronic means and/or first class U.S. Mail on the following parties indicated: Mr. David J. Kepner (Pro Se) 40 East Locust Street Mechanicsburg, PA 17055 CUNNINGHAM & CHERNICOFF, P.C. n Julieanne Ametrano 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17110 Telephone: (717) 238-6570 Date: September 1, 2010 F:.Home1KKNIGliT\DOCS\KEPNER.KATY\Petition for Contempt.wpd • f . SEP 0 7 2010 KATY E. ROMBERGER IN THE COURT OF COMMON PLEAS f/k/a KATY E. KEPNER, OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner/Plaintiff CASE NO: 10-1086 v. HONORABLE KEVIN A. HESS DAVID J. KEPNER, CIVIL ACTION -LAW Respondent/Defendant IN DIVORCE RULE TO SHOW CAUSE AND NOW THIS ~ day of ~/~, 2010, upon review and consideration of the Annexed Petition for Contempt, a Rule to Show Cause is issued against the Respondent/Plaintiff, David J. Kepner, to show cause, if any he has, of why relief sought in the Annexed Petition for Contempt should not be granted. RULE RETURNABLE ~ days t~F.S' ma.l 4 a~~~ C~~TI Cf) ~~ "'17 ~ 1 .{~"., CA F."'. C' ~~ ~ ~7 o ~~ o cn KATY E. KEPNER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CASE NO: 10-1086 V. DAVID J. KEPNER, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Secretary for the law office of Cunningham & Chernicoff, P.C., do hereby certify that a true and correct copy of the Rule to Show Cause was served upon Defendant in the above-captioned matter on September 16, 2010 as evidenced by the attached Certificate of Mailing attached hereto as Exhibit "A": Mr. David J. Kepner 40 East Locust Street Mechanicsburg, PA 17055 CUNNINGHAM & CHERNICOFF, P.C. Bye- fl Julieanne Ametrano 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17110 Telephone: (717) 238-6570 Date September 17, 2010 F:\Home\KKNIGHT\DOCS\KEPNER.KATY\COS.Rule to Show Cause.wpd C rv j yr `) t? M . C] -1 C ] 'CJ CD _n C) EXHIBIT `A' U.S. POSTAL SERVICE CERTIFICATE OF MAILING LAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT ROVIDE FOR INS R ORTH SECOND STREET Sd Flo Box 6 PA 17106-0451 o OtOZ 9 One lace of ordinary mail addressed J° l ((1? . --I. PS Form 3817, January 2001 f ER 2 a t>7 10 w POSTAGE KATY E. ROMBERGER IN THE COURT OF COMMON PLEAS f/k/a KATY E. KEPNER, OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner/Plaintiff CASE NO: 10-1086 V. HONORABLE KEVIN A. HESS ' c. DAVID J. KEPNER, me ° w!- CIVIL ACTION - LAW - c-) --? n r-r1• Respondent/Defendant IN DIVORCE w rn ° PETITION FOR RULE ABSOLUTE ;a \ N The Petition of Petitioner/Plaintiff, Katy E. Romberger f/k/a Katy E. Kepner 70 ("Petitioner") for Rule Absolute in the above-captioned matter is as follows: On or about September 3, 2010, Petitioner filed a Petition for Contempt (the "Petition for Contempt") requesting this Honorable Court to issue an Order of contempt against the Respondent/Defendant, David J. Kepner (the "Respondent") and to strictly enforce the mandates set forth in this Honorable Court's previous Order of July 21, 2010, along with an Order for reimbursement of all of her costs and attorney fees incurred in conjunction with the necessity of filing the Petition for Contempt. 2. On September 8, 2010, this Honorable Court entered a Rule to Show Cause (the "Rule to Show Cause") upon the Respondent to show cause, if any he had, why the Contempt Petition should not be granted. The Rule to Show Cause was returnable within twenty (20) days after service upon the Respondent. A true and correct copy of the Rule to Show Cause is attached hereto as Exhibit "A" and is incorporated herein by reference. 3. The Rule to Show Cause was properly served upon the Respondent on September 16, 2010 as evidenced by the Certificate of Service filed with this Court on September 20, 2010. 4. More than twenty (20) days have elapsed from the time of service of the Rule to Show Cause upon the Respondent. 5. As of the date of this Petition for Rule Absolute, the Respondent has not responded to the Rule to Show Cause. 6. In accordance with Pennsylvania Rule of Civil Procedure 206.7(a), the lack of response by the Respondent operates as an admission and acceptance of all averments of fact in the Petition for Contempt and allows this Court to enter an appropriate Order. WHEREFORE, Petitioner/Plaintiff, Katy E. Romberger f/k/a Katy E. Kepner, hereby respectfully requests that this Honorable Court enter an Order similar to the attached proposed Order granting the relief requested more specifically in her Petition for Contempt and grant Petitioner such further relief as is just and proper. Respectfully -submitted, U. By: L' Z // I.D. #81365 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Petitioner) Date: October 11, 2010 F:\Home\KKNIGHTIDOCS\KEPNER.KATY\Petition for Rule Absoluempd -2- EXHIBIT "A" SEP 0" 7 20 10 KATY E. ROMBERGER f/k/a KATY E. KEPNER, Petitioner/Plaintiff V. DAVID J. KEPNER, Respondent/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE NO: 10-1086 HONORABLE KEVIN A. HESS CIVIL ACTION -LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW THIS ay of 0,J.-L../% 2010, upon review and consideration of the Annexed Petition for Contempt, a Rule to Show Cause is issued against the Respondent/Plaintiff, David J. Kepner, to show cause, if any he has, of why relief sought in the Annexed Petition for Contempt should not be granted. RULE RETURNABLE Q::? days from date of service. / ka? hl. J. CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant with the law firm Cunningham & Chernicoff, P.C., hereby certify that a true and correct copy of the PETITION FOR RULE ABSOLUTE will be served by first-class U.S. Mail, postage prepaid, to: Mr. David J. Kepner 40 East Locust Street Mechanicsburg, PA 17055 CUNNINGHAM & CHERNICOFF, P.C. Date: October 11, 2010 BA: ;anne Ametrano -3- KATY E. ROMBERGER 1N THE COURT OF COMMON PLEAS OF f/k/a KATY E. KEPNER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . CIVIL ACTION -LAW vs. NO. 10-1086 CIVIL DAVID J. KEPNER, IN DIVORCE Defendant . IN RE: PETITION FOR RULE ABSOLUTE ORDER AND NOW, this z~ ~ day of October, 2010, hearing on the request for contempt citation is herewith set for Tuesday, November 2, 2010, at 2:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Cazlisle, PA, at which time and place the defendant is ordered and directed to appear. Kelly M. Knight, Esquire For the Plaintiff David J. Kepner, Pro Se Defendant :rlm BY THE COURT, Kevi .Hess, P. J. n ~,, c~ -cy m> =~J rr ~ - -~ a ; ~ 7 . .. ~ ti ..Y.e~ u~ ~ ~..~ r, .~ = Q , , y ~ r-~ .~_ r`~ --~ r-T X~ 1 ,~r,°, ~ ::~ ....~ ~ ~--.. ~. .: ~ ~ .~, f ("T~I ~.,~ ~ .~? -C dl ;-:7 KATY E. ROMBERGER IN THE COURT OF COMMON PLEAS OF f /k/a KATY E . KEPNER, `..~ ,,,~ Plaintiff CUMBERLAND COUNTY, PENNSYLV~fI~ _~ . c~a .~„ ~~ -rt V CIVIL ACTION - LAW `-::~~ '~ r- NO. 10-1086 CIVIL TERM ~i =~ ~ ~~•a DAVID J. KEPNER, --~~` tv Defendant IN DIVORCE ~ ~~~ -~'" ~ ~_~ ,. IN RE : PETITION FOR CONTEMPT .__. ~ ~~~ _._.; c .? ~1 ORDER OF COURT AND NOW, this 2nd day of November, 2010, this matter having been called for hearing, and the court being satisfied that the defendant is in willful violation of prior orders of this court, a contempt citation is issued. He is ordered and directed to appear for an adjudicatory hearing on Friday, November 12, 2010, at 3:30 p.m. In the event that the defendant fails to appear, a bench warrant will be issued for his arrest and incarceration pending further hearing. The defendant is cautioned that further disobedience of court orders will result in a fine, imprisonment or both. It is ordered and directed that service hereof be made by both regular and certified mail return receipt requested. By the Court, ~~ Kevin Hess, P.J. ~ Kelly M. Knight, Esquire For Plaintiff v Mr. David J. Kepner 40 East Locust Street Mechanicsburg, PA 17055 :bg C~op~~s jua.~~~~ °~-~i~ew ~o Q~j t f ~ a- 10 ,CX~ KATY E. KEPNER, IN THE COURT OF COMMON PLEAS OF Petitioner/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW DAVID J. KEPNER, 10-1086 CIVIL TERM Respondent/Defendant IN DIVORCE IN RE: PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 12th day of November, 2010, the defendant respondent having appeared in open court represented by counsel, upon his agreement, he is ordered and directed to cooperate forthwith in the listing of the marital residence known and numbered as 40 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, for sale by a third party with a realtor of the petitioner/plaintiff's choosing. By the Court, Kevin Hess, P. J. elly M. Knight, Esquire For Petitioner/Plaintiff /?G. Patrick O'Connor, Esquire For Respondent/Defendant n r„ o c g or orn ?? _.: f rn KATY E. ROMBERGER IN THE COURT OF COMMON PLEAS OF f/k/a KATY E. KEPNER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. NO. 10-1086 CIVIL DAVID J. KEPNER, IN DIVORCE Defendant IN RE: PETITION FOR CONTEMPT ORDER AND NOW, this / I ` day of November, 2010, the pending contempt petition in this matter is DISMISSED. BY THE COURT, i Hess, P. J. elly M. Knight, Esquire For the Plaintiff avid J. Kepner, Pro Se 112 Juniper Drive Camp Hill, PA 17011 Defendant :rlm 0--or t ?S' rnktLC /1/19/10 tri ' ?. c ` ter -- ?° KATY E. ROMBERGER f/k/a KATY E. KEPNER, Petitioner/Plaintiff V. DAVID J. KEPNER, Respondent/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE NO: 10-1086 CIVIL ACTION - LAW IN DIVORCE e. °r ?c1 Cn r r"C7 =p p, C r$ t N N c ? r= MOTION FOR CONTEMPT AND SPECIFIC PERFORMANCE AND NOW, comes the Petitioner/Plaintiff, Katy E. Romberger f/k/a Katy E. Kepner (the "Petitioner"), by and through her counsel, Cunningham & Chernicoff, P.C., and files this Motion for Contempt and Specific Performance and, in support thereof, avers the following: Your Plaintiff/Petitioner is the Katy E. Romberger f/k/a Katy E. Kepner (hereinafter "Plaintiff'), an adult individual, with a current address of 212 Creekwood Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Your Respondent is the Defendant/Respondent, David J. Kepner (hereinafter referred "Respondent"), an adult individual currently residing at 40 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The parties, in 2008, during the course of their marriage, acquired a parcel of real estate, known and numbered as 40 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter referred to the "former marital residence") which they occupied as their marital domicile. 4. The parties financed the acquisition of the former marital residence by obtaining financing from Chase Home Finance, LLC, such financing was collateralized by Plaintiff and Defendant signing a Note and Mortgage. The mortgage lien was filed against the former marital residence. Subsequent to the former marital residence, the marriage failed. 6. During September of 2009, Defendant assumed sole possession of the former marital residence and agreed to be responsible for the payment of the Note associated with the Mortgage and to hold the Plaintiff harmless in the event of his default in the payment of the Note. 7. In April of 2010, Plaintiff became aware that Defendant had defaulted in the payment of the Note given to Chase Home Finance, LLC and filed a Motion for Special Relief. In response to the Motion for Special Relief, the Honorable Kevin A. Hess entered the following Order: "AND NOW, this 21sT day of July, 2010, upon review and consideration of the Annexed Petition for Special Relief pursuant to Section 3502 of the Divorce Code, and upon Respondent's is hereby required to: List the Marital Residence known and numbered as 40 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 for sale by a third- party within ten (10) days from the date of this Order; 2. To ensure that all past arrears due on the Mortgage on the Marital Residence are cured within the sixty (60) days from the date of this Order; and 3. To indemnify the Petitioner, Katy E. Romberger f/kla Katy E. Kepner, , from all past and future mortgage payments and/or arrears due on the mortgage on the Marital Residence. /s/ Kevin A. Hess J" Plaintiff, in response to receiving another Notice the Defendant continued to be in default of the Note give on the former marital residence, filed a Motion in Contempt with this Court and, as a result of having filed the Motion, the Honorable Kevin A. Hess entered the following Order: "AND NOW, this 12`x' day of November, 2010, the defendant respondent having appeared in open court represented by counsel, upon his agreement, he is ordered and directed to cooperate forthwith in the listing of the marital residence known and numbered as 40 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, for sale by a third parry with a realtor of the petitioner/plaintiffs choosing. By the Court, /s/ Kevin A. Hess Kevin A. Hess, P. J. " 9. Plaintiff, despite having identified a realtor, has been advised and therefore avers that Defendant never entered into an Exclusive Sales Listing Agreement with a Realtor to sell the former marital residence despite having been Ordered to do so by the Court. 10. Plaintiff has been advised and therefore avers that Defendant is still residing in the former marital residence. 11. Plaintiff has been advised and therefore avers that Defendant, despite this Court's Order of July 21, 2010, has failed and continues to fail to pay the obligations under the Note and Mortgage under which Plaintiff is a joint obligor. 12. Plaintiff has been advised and is of the opinion that her credit history and FICO score have been negatively and permanently affected by Defendant's failure to pay the Note given to Chase Home Finance, LLC in accordance with the terms of the Note and Mortgage. 13. Plaintiff is of the opinion that as a result of Defendant's failure to pay the aforesaid note, accrued interest and legal fees will result in the fair market value of the former marital residence being less than the obligation owed to the mortgagee and the Note holder and, as a result, Plaintiff will be held responsible for any deficiency judgment. 14. Plaintiff is of the opinion and therefore avers that Defendant may seek the protection of the United States Bankruptcy Act which action will leave her in the position of being either totally responsible to the Note Holder for any deficiencies or having to file a Petition in Bankruptcy to protect her interests as a result of the Defendant's contemptuous behavior. WHEREFORE, Plaintiff, Katy E. Romberger f/k/a Katy E. Kepner, respectfully requests this Honorable Court to enter an Order which would incorporate the following relief: Finding that Defendant, David J. Kepner, is in contempt of this Court's Order of November 12, 2010 as he failed to enter into an Exclusive Sales Listing Agreement with a Realtor within ten (10) days of this Court's Order; b. Find that Defendant, David J. Kepner, has failed to pay the mortgage and Note installment payments; accrued interest, late fees, penalties and owed to Chase Home Finance, LLC and counsel fees; Fine the Defendant, David J. Kepner, for his contempt in an amount to be determined by the Court; d. Order Defendant, David J. Kepner, to make a lump sum payment in the amount to the distressed holder, Chase Home Finance, LLC, such payment to equal the then outstanding overdue balance; e. Order Defendant, David J. Kepner, to make the monthly installment payments of $800.77 per month to Chase Home Finance, LLC, the mortgage holder, payments to be made by the tenth (10ff') day of each month, the first payment to be made on or before a date to be determined by this Court and said monthly payment to be made each successive month thereafter; f. Award Plaintiff, Katy E. Romberger f/k/a Katy E. Kepner, a judgment in an amount to be determined representing the total of the unpaid monthly mortgage installments, accrued late fees and penalties and counsel fees due pursuant to the Note and Mortgage given to Chase Home Finance, LLC or representing the current amount owed pursuant to Paragraph 3 of the Order of July 21, 2010 such judgment to be ordered being a part of a scheme of equitable distribution pursuant to the Divorce Code and therefore not subject to discharge in Bankruptcy; g. Award Plaintiff, Katy E. Romberger f/k/a Katy E. Kepner, a judgment of reasonable counsel fees in the amount to be determined by the Court representing counsel fees she otherwise would not have been required to incur not only in filing this action but also the actions for Specific Performance of the Motion for Contempt and such judgment to be ordered as part of a scheme of equitable distribution pursuant to the Divorce Code of equitable distribution and therefore not subject to discharge in Bankruptcy; h. Direct the Defendant, David J. Kepner, to enter into an Exclusive Sales Listing Agreement with a realtor of Plaintiffs choice, listing for the former marital residence for sale at a price which will promptly liquidate the former marital residence and pay all outstanding mortgage liens and any accrued unpaid interest and counsel fees. If such Exclusive Sales Listing Agreement is not executed and a copy of it served on the Plaintiff, Katy E. Romberger f/k/a Katy E. Kepner, within ten (10) days of the Court's Order, that the Plaintiff, Katy E. Romberger f/k/a Katy E. Kepner, may enter into an Exclusive Sales Listing Agreement with a Realtor of her choice on the same terms and conditions as set forth above with this Court's Order representing Plaintiff's authority as Defendant's agent-in- fact which the listing Realtor, co-broker(s), seller's agent(s), buyer's agent(s), and buyers may rely upon as having full legal effect and binding upon the Defendant, David J. Kepner; Order Defendant, David J. Kepner, that in the event an offer is received by the Listing Agent for the former marital residence in an amount equal to or greater than 90% of the listing price, and which offer will pay in full all of the mortgage liens, accrued unpaid interest, counsel fees, transfer taxes, unpaid real estate taxes and realtor's commissions, that the Defendant, David J. Kepner, execute the Agreement of Sale and any and all necessary documents to sell the former marital residence; Direct Defendant, David J. Kepner, to execute in blank a deed to the aforesaid property in recordable form omitting the name of the Grantee and consideration, which information shall be added to the Deed at the time of closing, said deed to be held in escrow by Plaintiff's counsel to be completed and released only upon compliance with the terms and conditions of this Order. The said deed is to be drafted by Plaintiff's counsel, forwarded to the Defendant, David J. Kepner, and returned by the Defendant within five (5) business days of it being sent to him by Plaintiff's counsel with the Attestation Clause being notarized by a notary public; k. In the event that the sale of the former marital residence pays in full all amounts owed to the mortgagee, Chase Home Financing, LLC, than, in that event, the judgment entered in this matter in favor of Plaintiff and against Defendant, shall become null and void and Plaintiffs counsel shall forward to Defendant, David J. Kepner, a Praecipe satisfying the judgment; In the event that the sale of the former marital residence does not pay in full the amounts owed to the mortgagee, Chase Home Finance, LLC, then this Court, based upon a Motion being filed by either party and the Response filed thereto, if any, shall determine whether a hearing needs to be held or not. If there is no disagreement as to the amount left unpaid to Chase Home Finance, LLC based upon the pleading or after a hearing having been held the Court shall establish the amount that is still due and owing to Chase Home Finance, LLC. This Court shall, upon determining the amount owed to Chase Home Finance, LLC, shall mold the judgment entered in favor of Plaintiff and against the Defendant to represent the amount outstanding still owed to the mortgagee and the note in the judgment is being as part of a scheme of equitable distribution and therefore not subject to discharge in Bankruptcy; and PA Supreme Court I.D. No. 23144 P.O. Box 60457 m And such other relief as this Court deems appropriate. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: By: 4D0r unningham, E squire e Harrisburg, PA 17106-0457 Telephone: 717-238-6570 F:\Home\AHEWITT\DOCS\J-L\KEPNER.KATY\Motion for Contempt 04191 Lwpd VERIFICATION I verify that the statements made in the foregoing Motion 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: ?l Katy omberger, f/k/a Katy E. Kepner KATY E. ROMBERGER IN THE COURT OF COMMON PLEAS OF f/k/a KATY E. KEPNER, CUMBERLAND COUNTY, PENNSYLVANIA Petitioner/Plaintiff CASE NO: 10-1086 L-? V. ? CIVIL ACTION -LAW 1-nm ?-- DAVID J. KEPNER, Respondent/Defendant IN DIVORCE Ul `-" c'a ORDER AND NOW, this $'ttday of 2011, upon the Motion of the Plaintiff, Katy E. Romberger f/k/a Katy E. Kepner, the Defendant, David J. Kepner, is hereby directed to show cause, if any he has, as to why the relief sought in the Motion should not be granted. Rule returnable 2011 at 16- o'clock q,_.m. in Courtroom No. Y-, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA. BY THE COURT, Distribution: For Plaintiff. Jordan D. Cunningham, Esquire - 2320 N. 2"6 St., Harrisburg, PA 17110 vlFor Defendant: G. Patrick O'Connor, Esquire - 3105 Gettysburg Road, Camp Hill, PA 17011 Owes W11V19 Aw KATY E. ROMBERGER fk/a KATY E. KEPNER, Movant/Plaintiff V. DAVID J. KEPNER, Respondent/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE NO: 10-1086 HONORABLE KEVIN A. HESS CIVIL ACTION -LAW IN DIVORCE MOTION TO DISCONTINUE MOTION FOR SPECIAL RELIEF C:? =rn :VP 8° 'v :? c•, ?. ? rte. a W ... Y ..Z AND NOW, comes the Movant/Plaintiff, Katy E. Romberger f/k/a Katy E. Kepner, by and through her counsel, Cunningham & Chernicoff, P.C., who files this motion to discontinue the motion for special relief and its support thereof avers the following: I . Your Movant is Katy E. Romberger who is an adult individual. 2. The Respondent is David J. Kepner who is an adult individual. 3. On or about May 4, 2010, Movant filed a Motion for Special Relief. 4. Pursuant to the Motion for Special Relief, Movant sought the listing of the former marital residence for sale. 5. On or about May 26, 2011, Respondent's counsel contacted Movant's counsel to advise Movant's counsel that the Respondent had in fact chosen a realtor, obtained an exclusive listing agreement, signed the exclusive listing agreement and placed the executed list agreement with the realtor. 6. Based upon the Respondent's action, the primary relief being sought by the Movant in this matter has been obtained. 7. This court had previously scheduled a hearing with reference to the Movant's Motion for Special Relief for June 2, 201 ] beginning at 9:15 a.m. 8. A copy of this Motion has been served on Defendant/Respondent's Counsel, G. Patrick O'Connor, Esquire who does object to the Motion for Relief requested. Wherefore, in light of the Respondent's actions, the relief sought in this Motion has been achieved, Movant respectfully requests this honorable court to cancel the hearing now scheduled for June 2, 2011. Respectfully submi CUNIKC~& CHERNICOFF, P.C. Date: By: Y dan Cunningham, Esquire A Supreme Court I.D. No. 23144 P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: 717-238-6570 CERTIFICATE OF SERVICE I do hereby state that on they j%y of May 2011, I served a true and correct copy of the foregoing document in the captioned matter, via first class mail, as follows: G. Patrick O'Connor, Esquire 3105 Gettysburg Road Camp Hill, PA 17011-7208 elsea . Miller, Legal Ass stant KATY E. ROMBERGER IN THE COURT OF COMMON PLEAS f/k/a KATY E. KEPNER, OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner/Plaintiff CASE NO: 10-1086 V. HONORABLE KEVIN A. HESS 3 = -mot --4 DAVID J. KEPNER, -0 CIVIL ACTION - LAW ;e;0 rn Respondent/Defendant IN DIVORCE -+ ORDER -XC-- o AND NOW this `day of2011, upon review of Plaintiff s Motion and ti upon :0 the motion of Plaintiffs Counsel, Jordan D. Cunningham, the hearing now scheduled for J une 2, 2011 beginning at 9:15 a.m. is cancelled. BY THE COURT, /? IL Kevin A/Hess Distribution: For Plaintiff: ? Jordan D. Cunningham, Esquire, 2320 North Second Street, Harrisburg, PA 17110 `/ For Defendant: G. Patrick O'Connor, Esquire, 3105 Gettysburg Road, Camp Hill, PA 17011-7208 ro 0cf a1 io' 11 D1?b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATY E. ROMBERGER, NO. 10-1086 Civil Term C:: f/k/a KATY E. KEPNER, mkt ar o _ r? °'" `r': Plaintiff , Xrn M rlls= V. CIVIL ACTION - LAW DAVID J. KEPNER, z , Defendant IN DIVORCE co AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 12, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and date of 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. Section 4904 relating to unsworn falsification to authorities. DATE: IC9lL_ Katy E. R berger, Plainti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATY E. ROMBERGER, f/k/a KATY E. KEPNER, Plaintiff V. DAVID J. KEPNER, Defendant NO. 10-1086 Civil Term ?7 h Z fi rr7 t? 0., ` mac- N ;??: : CIVIL ACTION - LAW IN DIVORCE 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. I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATE: ID-QI r 4L Katy E. mberger, P ' tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATY E. ROMBERGER, NO. 10-1086 Civil Term f/k/a KATY E. KEPNER, . Plaintiff C c c £ _, -0 _ _`1 V. CIVIL ACTION - LAW zX cam-, r. DAVID J. KEPNER, CYN -j Defendant IN DIVORCE - > -c TJ ; b ? rv ? cy AFFIDAVIT OF CONSENT rv 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 12, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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. Section 4904 relating to unworn falsification to authorities. DATE: Z I0 11 -&?? /'? David J. Kepn fendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATY E. ROMBERGER, f/k/a KATY E. KEPNER, Plaintiff V. DAVID J. KEPNER, Defendant : NO. 10-1086 Civil Term : CIVIL ACTION - LAW : IN DIVORCE 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. ?. i -? 3 rn? rn ?s Cl') ? > C-, CD, 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. 4 M E") Ch rV W r IQ 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 the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. DATE: ?z -0Z1 1 1-?A David J. Kepner --i DC -, ; ;_i ° C -r, CD* .J r•-:: KATY E. ROMBERGER, f/k/a KATY E. KEPNER, Plaintiff VS. DAVID J. KEPNER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 10-1086 CIVIL TERM c e -v = m PRAECIPE TO TRANSMIT RECORD it C=7 r To the Prothonotary: r~- Transmit the record, together with the following information, to the court for entry o w om decree:, N 1. Ground for divorce: Irretrievable breakdown under § (3301(c)) and (Strike out inapplicable section.) 2. Date and manner of service of the complaint: A A-Rc,q 4, ,2Dro Ffs t CIO ys maII - srt,-E Perte 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff 12-1-2011 ; by defendant 12-10-2011 (b) (1) Date of execution of the affidavit required by § 33 31(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the respondent opposing party: 4. Related claims pending: None. All economic claims have been settled. 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: Contemporarily herewith Date defendant's Waiver of Notice was filed with the Prothonotary: Contemporarily herewith n t7t zz -,r r- c Attorney for Riftintiff-Mefendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATY E. ROMBERGER, f/k/a KATY E. KEPNER . V. DAVID J. KEPNER NO. 10-1086 Civil Term DIVORCE DECREE AND NOW, 2?e6...4.,. z T*' -0.O 11 , it is ordered and decreed that KATY E. ROMBERGER, f/k/a KATY E. KEPNER plaintiff, and DAVID J. KEPNER , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter tie deemed an order for alimony pendente lite if any economic claims remain pending. The 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.") None. By the Court, i I-XIA91i1- d rt. Oopq maiLad -b plff copy+A O'hee maila Vo O'&,hnor