Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
06-2657
YORK COUNTYURTHOUSE 05/08/06 SPONSELLER, BRENT A VS. CIVIL ACTION DOCKET CASE NO: 2006-FC-000469-Y03 YK FILING DATE: 03/20/06 JUDGE: SPONSELLER, GERGANA PARTY TYPE -------------------- ATTORNEY PLAINTIFF FOR CIVI ATTORNEY DEFENDANT FOR CIVI DATE -------- -------------- 05/03/06 00060 00530 *ORDER GRANTING LITIGANT PARTY NAME P00l P00l D001 D001 PETITION PAGE: 1 Y02 ---------------------------------------- POKRIFKA, MICHELLE SPONSELLER, BRENT A KOPE, SHANE B SPONSELLER, GERGANA FEE/AMOUNT --------------------------- ------------- TO CUMBERLAND COUNTY PENNSYLVANIA BY THE COURT JOHN W THOMPSON JR JUDGE 04/28/06 00058 00049 AS TO SPONSELLER, GERGANA *DEFT'S MOTION TO WITHDRAW PRELIMINARY OBJECTIONS W/CERT OF SVC 04/27/06 00057 00534 *PETITION TO TRANSFER W/SVC 04/21/06 00055 00205 AS TO SPONSELLER, BRENT A *CAPTION AMENDED AS FOLLOWS GERGANA SPONSELLER 04/12/06 00050 00399 AS TO SPONSELLER, GERGANA *PRELIMINARY OBJECTIONS TO PLTFS COMPLAINT IN DIVORCE W/CERT OF SVC 04/05/06 00046 00387 AS TO SPONSELLER, BRENT A *AFFIDAVIT OF SERVICE OF DIV COMPLAINT BY CERT MAIL TO DEFT ON 3/25/06 5 03/20/06 00038 00573 AS TO SPONSELLER, BRENT A *PLAINTIFF'S AFFIDAVIT UNDER SECT 3301D 03/20/06 00038 00573 AS TO SPONSELLER, BRENT A *COMPLAINT IN DIVORCE=UNDER SECTION 3301 TOTAL NUMBER OF ENTRIES: 8 REQUESTED BY: DSB ******* END OF REPORT ******* 195.00 CERTIFIED from the records of the Court of Common Pleas of York County, Pennsylvania this 9#1-dayof A .20.dLL Pamela S. Lee, Prothonota ! 0(,- a4s7 /°s. C ti.7 (? o I 4- BRENT A. SPONSELLER, Plaintiff V. GEORGIEVA SPONSELLER, Defendant 1s IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. UN' ' l3 l 'y 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 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 grounds 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 the York County Judicial Center, 45 North George Street, York, Pennsylvania 17401. 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. The York County Bar Center 137 East Market Street York, Pennsylvania 17401 Bar Association - (717) 771-9361 ?...?.-.,..?..., C.- 076090380573 Lawyer Referral Service - (717) 854-8755 r:r 4. BRENT A. SPONSELLER, Plaintiff • IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. GEORGIEVA SPONSELLER, Defendant No. Divorce AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimoni, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la York County Judicial Center, 45 North George Street, York, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service of the York County Bar Association York County Bar Center 137 East Market Street York, Pennsylvani??*?OC*.? Telefono (717) 85 J 40 BRENT A. SPONSELLER Plaintiff 0 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. GEORGIEVA SPONSELLER, / Defendant Divorce COMPLAINT FOR DIVORCE Plaintiff is Brent A. Sponseller who currently resides at 609 Prince Street, Littlestown, PA 17340. 2. Defendant is Georgieva Sponseller who currently resides at 613 Geneva Drive, Apt. 36, Mechanicsburg, PA 17055. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on April 23, 2003 at Frederick, Maryland. There have been no prior actions of divorce or for annulment between the parties. COUNTI No-Fault - Section 3301(c) Plaintiff v. Defendant 6. The marriage is irretrievably broken. The 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. 8. Plaintiff requests your Honorable Court to enter a Decree of Divorce. WHEREFORE, Plaintiff prays this Honorable Court to grant the relief requested. 01609D360613 * • COUNT II No-Fault - Section 3301(d) Plaintiff v. Defendant 9. All preceding and succeeding paragraphs are incorporated reference. 10. The parties have been living separate and apart for a period n excess of two (2) years. WHEREFORE, Plaintiff prays this Honorable Court to grant the r lief requested. COUNT III Indignities - Section 3301(a)(6) Plaintiff v. Defendant 11. All preceding and succeeding paragraphs are incorporated lefearmence. 12. The Plaintiff is the innocent and injured spouse. 13. The Plaintiff would aver that the Defendant, in violation omage vows and in violation of the laws of the Commonwealth of Pennsylvania, has offere uch indignities unto the Plaintiff as to make the Plaintiffs condition intolerable and the Plaintif life burdensome. 14. This action is not collusive. 15. The Plaintiff requests your Honorable Court to enter a deer in divorce, divorcing the Plaintiff and the Defendant. WHEREFORE, Plaintiff prays this Honorable Court to grant the reli requested. Respectfully submitted, CGA Law Firm Countess Gilbert Andrews, P Supreme Court No. 66654 135 North George Street York, Pennsylvania 17401 Tel.: (??6 1 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Dated: 7 /7 2006 Brent A. Spon eller 0 In The Court Of Common Pleas of York County, Pennsylvania Brent A. Sponseller, Plaintiff ? 'L o No. 2006- T W/ ?y0 V. Georgieva Sponseller, Divorce Defendant NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter-Affidavit within twenty (20) days after this Affidavit has been served on you or the r t >_ ` statements will be admitted. R. c PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in August 2003 and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. 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. 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: 03/72 A9& QfL d I I Brent A. Spons ler BRENT A. SPONSELLER, IN THE COURT OF COMMON PLEAS Plaintiff OF YORK COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. No. 2006-FC-469-Y02 GEORGIEVA SPONSELLER, Defendant c? AFFIDAVIT OF SERVICE c COMMONWEALTH OF PENNSYLVANIA) ?c COUNTY OF YORK ) r n -? MICHELLE POKRIFKA, ESQUIRE, counsel for the Plaintiff in the above captioned matter, being duly sworn according to law, deposes and says that on March 25, 2006, there was delivered to the Post Office of York, Pennsylvania, for delivery to Georgieva Sponseller, 613 Geneva Drive, Apt. 36, Mechanicsburg, Pennsylvania 17055, by certified mail, the Complaint for Divorce for which deponent received at that time receipt for certified mail No. 7003 3110 0001 0169 3173, a copy of which is attached hereto as Exhibit "A". Thereafter there was returned the certified mail receipt card bearing the same number and signed "Georgieva Sponseller", showing a delivery date of March 25, 2006. Said return receipt card is attached hereto as Exhibit "B". MICHELLE POKRIVKA, ESQUIRE Swom and subscribed to before me this 5 "" day of n.4 ?. 2006. Notary Pc My Comm'ssion Expires Notarial Seal Chrisly L LaMotte, Notary public City Of York, York County My Commission E)ires Oct. 29, 2006 Member.p "nsynania Association Of Notaries m r- ! CERTIFIED MAI L RECEIPT m '' Mail Only; No I nsurance Coverage pr,,ide,; ? OFFIC IAL ll?iE 0 . .9 Peerage $ 4 O OROW Fee fkam Reeiept Fs " ($nmreemem Fbqulratl) PON&** fftm r9 a :'MLlN DeMMflaga etl? ' Fee ?:""°"°"? 3/22/2006 m m TOW Poete$e $ Fees $ N s. Georgieva Sponseller ......... _ w neva_Dove, 3fz AFk, ?icsburg, _. ---------------------- .__ PA 17055 < a, CS t. C7 1 IV EXHIBIT "A" 0 • Compbb Ibrm 1, 2, road & Abo COMPMe Ar : 0 APO etm 4 9 PAwkind D*Awy b dm I . X 1 ? • F ft yow nom raid o t em on the mvwn . N 3 4ti ttmt we cm mtLwn the cad to you. 0. oftdoom, ¦ A twh thb cwd to the back d tho mMpkm. n th t If f * - O speoe pwp o. e lou or o iw d-ft;" da M 0 mt7 MYoo m vwy a wO . Isd 1. MMds Ad6wwd to: 3-' If YM, amw dWkmy m Lwow. E3 no Mrs. Georgieva Sponseller 613 Geneva Drive, Apt. 36 Mechanicsburg, PA 17055 3. SWWCOType w MM O BWOM MIA O 9ogmww 0 Mum Pwoept/orMwdwugw 0 uwww w 0 c.0m. Ao 4.. Mdrkild Daewyl IFxue ray Yes j 7013 3 3130 0001 0169 3173 y'. PS Fotn3811, Fd nwy 2004. pwswo 1M Un FANNW A 1020s024 4 C? C-J Q :z" n y v c) C-M PIZ ?9409Q460381 EXHIBIT "B" • CJ KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 s bkope(&_comcast. net Attorney for Plaintiff BRENT A. SPONSELLER Plaintiff, vs. GERGANA SPONSELLER, Defendant. To: Plaintiff: IN THE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA NO. 2006-fc-469-y02 CIVIL ACTION - LAW - IN DIVORCE NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WTIHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGEMENT MAY BE ENTERED AGAINST YOU. Respectfully Submitted, KOPE & ASSOCIATES Sh ,Esq. Date: • KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(&comcast.net BRENT A. SPONSELLER Plaintiff, vs. GERGANA SPONSELLER, Defendant. s Attorney for Defendant IN THE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA NO. 2006-FC-469-Y02 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT IN DIVORCE r- ? Pursuant to Rules 1017(a), 1028(a), 1920.1 and 1920.11 of the Pennsylvania Rules of Civil Procedure, Defendant, Gergana Sponseller, by her counsel, Shane B. Kope, Esq. preliminarily objects to Plaintiffs Complaint in Divorce as follows: Petition Raising Question of Venue. 1. Pursuant to Pa.R.C.P. No. 1006, this action may not be brought in York County because venue is improper. 2. Defendant, Gergana Sponseller: (1) does not reside in York County; (2) is not employed, regularly or otherwise, in York County; and (3) has never resided in, been domiciled in or been a member of any family domiciled in York County. 3. Plaintiff, Brent Sponseller (1) does nMAWOJ39i York County; (2) is not employed, regularly or otherwise, in York County; and (3) has never resided in, been t? domiciled in or been a member of any family domiciled in York County. 4. The marriage ceremony and the marital home was located in Cumberland County. 5. Upon information and belief, as of the date of the filing of the Complaint in Divorce, Plaintiff, Brent Sponseller, was a resident of and was domiciled in Adams County, Pennsylvania. WHEREFORE, pursuant to Pa.R.C.P. No. 1006, Defendant, Gergana Sponseller, respectfully requests this court to dismiss Plaintiff's Complaint for lack of proper venue. II. Petition Raising Question of Inconvenient Forum. 6. Pursuant to Pa.R.C.P. No. 1006(d), this action may be transferred to Cumberland County for the convenience of parties and witnesses because this action could originally have been brought in Cumberland County. 7. A fair and impartial trial cannot be held in the county for the following reasons: Neither Plaintiff nor Defendant reside in York County, is employed, regularly or otherwise, in York County, and has never resided in, been domiciled in or been a member of any family domiciled in York County. . 0 WHEREFORE, Defendant, Gergana Sponseller, respectfully requests this Court to dismiss Plaintiffs Complaint in Divorce for inconvenient forum or, in the alternative, transfer this action from York County to Cumberland County for the convenience of the parties and the witnesses. Respectfully Submitted, KOPE & ASSOCIATES Date: y q. ? o lbC Z!E 0 VERIFICATION I, Gergana Sponseller, the Defendant in this matter, have read the foregoing Preliminary Objections. I verify that my averments in these Preliminary Objections are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: H /7 /O . s • CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, of Kope & Associates, hereby certify that on April 6, 2006, 1 served a copy of the foregoing Defendant's Preliminary Objections to Plaintiffs Complaint by depositing same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows: Michelle Pokrifka CGA Law Firm CGA Professional Center 135 N. George Street York, PA 17401 Attorney for Defendant TES Shane B. Kope; Camp Hill, PA 17011 (717) 761-7573 I.D. 92207 Attorney for Plaintiff 201 0399 i KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeftomcast.net BRENT A. SPONSELLER Plaintiff, vs. GERGANA SPONSELLER, Defendant. AND NOW, this day of • Attorney for Plaintiff IN THE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA NO. 2006-FC-469-Y02 CIVIL ACTION - LAW IN DIVORCE ORDER 2006, on consideration of the foregoing Preliminary Objections filed by Gergana Sponseller, it is hereby ORDERED that there will be Arguments scheduled on these Preliminary Objections on 20 at a.m./ p.m. in Courtroom of the York County Judicial Center. It is further ORDERED that Defendant's Brief in Support shall be submitted on , 20 , and Plaintiffs Brief in Opposition shall be submitted on 20 Defendant then has the option of submitted a Reply Brief within days of this date. BY THE COURT: , K O P E ASSOCIATES L A" ' ()It[( I'S n April 11, 2006 York County Prothonotary York County Judicial Center 45 N. George Street York, PA 17401 RE: Sponseller v. Sponseller No: 2006-FC469-Y02 Dear Sir/Madam: Enclosed please find an original and one copy of Defendant's Preliminary Objections in the above referenced matter. Also enclosed are two additional copies. Please time-stamp and return in the enclosed self- addressed stamped envelope. Thank you for your attention in this matter. Sincerely, Kope & Associ tes q LT he Wehnert Paralegal Enclosures Smart Representation 466o Trindle Road ¦ Suite 2oi ¦ Camp Hill, PA i7on P 717.761.7573 ¦ F 717.761.7972 ¦ kopelaw.com BRENT A. SPONSELLER, Plaintiff V. GEORGIEVA SPONSELLER, Defendant ll IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA No. 2006-FC-0469-Y02 : Divorce PRAECIPE TO AMEND CAPTION o o+ TO THE PROTHONOTARY, PAMELA S. LEE The Defendant in the above-captioned action is known as Gergana Sponseller. T7 x rr, Therefore, please amend the caption in this case to reflect the Defendant as follows: Gergana w ar Sponseller. Respectfully submitted, CGA Law Firm Countess Gilbert Andrews, P.C. By: Michelle Pokrifka, EsquNQ Supreme Court No. 66654 135 North George Street York, Pennsylvania 17401 Tel.: (717) 848-4900 0 BRENT A. SPONSELLER, Plaintiff V. 0 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA No.2006-FC-0469-Y02 vp GERGANASPONSELLER, Defendant Divorce PETITION TO TRANSFER AND NOW, TO WIT, thisa44*aay of April 2006, comes the Plaintiff, Brent A, Sponseller, by his attorneys, CGA Law Firm (Countess Gilbert Andrews, P.C.), and files this Petition to Transfer and states as follows: 1. Petitioner Brent A. Sponseller is an adult individual who resides at 609 Prince Street, Littlestown, Pennsylvania 17340. 2. Respondent is Gergana Sponseller, an adult individual who resides at 613 Geneva Drive, Apt. 36, Mechanicsburg, Pennsylvania 17055. 3. On March 20, 2006 Petitioner filed a Complaint for Divorce in York County, Pennsylvania. CD s 4. Respondent has filed a support action against Petitioner in Cumberland County, and a hearing has been scheduled for Thursday, April 27, 2006. 5. The parties agree to consolidate all proceedings to transfer such Complaint in Divorce to Cumberland County. 6. Both Petitioner and RespondeO O w57 ? 3 A ve agreed it is in the best interest of the parties that this matter be transferred to Cumberland 9County, Pennsylvania. See Stipulation attached as Exhibit "A". WHEREFORE, it is respectfully requested that this Honorable Court enter an Order transferring this action to Cumberland County, PA. Respectfully submitted, CGA Law Firm Countess Gilbert Andrews, P.C. Y: ichelle okrifka, Esq e Supreme Court No. 6665 135 North George Street York, Pennsylvania 17401 Tel.: (717) 848-4900 tln?'?d!?'?itJS 1E'. 3k .. 7't P'71 C6:.u'? FL=v NaGt-?rw BRENT A. SPON'SEI.LFR, Plalchtf %i). GERGANA SPONSULER, Defendant IN I HE COURT OF CUNLNTOiv PL1EA? of VORK COUNTY, PF;N`+SYLA;ANIA No. 2006-FC-0469- Y02 : Divorce SSpP.QL -TuN- AVM :hiOLPhdav of Aoril, 2005, corncs'v[ictrcile Poket(ka,'icquire. Auomcy for Plaint ff, Brent A Sprntsetier snci S'ianc B. Kape, Atterncy For Defendari, Ger,_ana Spendler, ;:: d enpu as surd akreo to transfix Lbc ailo e•csptioned direrce mraLr presentl ??endittg Cumberiand .ctmll /I Ni1CllellePoKrit . Esewrc A-wrr,e.y far P! nttfP Exhibit "A" Share _- .._ _....__. Avamcy for Defendant 7,6 39dd W 3dCI,l ZLSLT9LLTL Otl:©Z 9aK/S?/trO CERTIFICATE OF SERVICE lJ I hereby certify that on this date a copy of the foregoing Petition to Transfer was served on counsel in the manner indicated below: FIRST-CLASS MAIL POSTAGE PREPAID THEREON ADDRESSED AS FOLLOWS: Shane B. Kope, Esquire 4660 Trindle Road Suite 201 Camp Hill, PA 17011 CGA Law Firm Countess Gilbert Andrews, P.C. By:?y-1'gr?u??`1cCy Michelle?6g)ka, Esquire Dated: 1 ?,,?-7 ? D 'U • KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQUIRE ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(&comcast.net BRENT A. SPONSELLER Plaintiff, 0 Attorney for Defendant IN THE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA VS. NO. 2006-FC-469-Y02 GERGANA SPONSELLER, CIVIL ACTION - LAW Defendant. IN DIVORCE cD r., MOTION TO WITHDRAW PRELIMINARY OBJECTIONS C-) 77, NOW COMES Defendant, by and through her attorney, Shane B. Kope, and hereby moves to withdraw her Preliminary Objections as follows: 1. Plaintiff commenced the instant action by filing a Complaint on March 20, 2006. 2. Defendants filed Preliminary Objections to the Complaint on April 12, 2006 alleging improper venue and inconvenient forum. 3. Defendant has filed a support action in Cumberland County. 4. The parties have agreed to consolidate all proceedings in Cumberland County as it is in the best interest of both parties. 5. Therefore, Defendant has decided to withdraw her Preliminary Objections. WHEREFORE, Objections. P Defendant requests leave to withdraw her Preliminary Respectfully Submitted, K MATE$ Date: C(a1/04P By: Esquire • CERTIFICATE OF SERVICE I, Julie Wehnert of Kope & Associates, do hereby certify that on April 27, 2006, 1 served a true and correct copy of the foregoing Motion to Withdraw Preliminary Objections and proposed Order on Plaintiffs counsel, Michelle Pokrifka, Esquire, at her address of record via first class mail, postage prepaid. Michelle Pokrifka, Esquire CGA Law Firm 135 N. George Street York, PA 17491 KOPE & ASSOCIATES Date: y/;1/? C.' CD n cs'. N C: -T, 118090580049 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Pa. S. Ct. No. 92207 • KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQUIRE ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkoae(&comcast. net BRENT A. SPONSELLER Plaintiff, Vs. GERGANA SPONSELLER, Defendant, AND NOW, this Attorney for Defendant IN THE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA NO. 2006-FC-469-Y02 CIVIL ACTION - LAW IN DIVORCE ORDER day of 2006, upon consideration of Defendant's Motion to Withdraw Preliminary Objections, it is hereby ORDERED that the Motion is GRANTED. Plaintiff may withdraw his Preliminary Objections in this matter. By the Court, ,J K O P E ASSOCIATES I. ve' OrII(. r:5 0 April 27, 2006 York County Prothonotary York County Judicial Center 45 N. George Street York, PA 17401 RE: Sponseller v. Sponseller No: 2006-FC-469-Y02 Dear Sir/Madam: Enclosed please find an original and one copy of a Motion to Withdraw Defendant's Preliminary Objections in the above referenced matter. Also enclosed are two additional copies. Please time-stamp and return in the enclosed self- addressed stamped envelope. Thank you for your attention in this matter. Sincerely, Kope & Associates e Wehnert Paralegal c? Enclosures ?A Smart Representation 466o Trindle Road ¦ Suite aot ¦ Camp Hill, PA i7ou P 717.761.7573 ¦ F 717.761.7572 ¦ kopelaw.com 0 BRENT A. SPONSELLER, Plaintiff v. GERGANASPONSELLER, Defendant 0 : IN THE COURT OF COMMON PLEAS : OF YORK COUNTY, PENNSYLVANIA : No.2006-FC-0469-Y02 : Divorce ORDER ,) T c, AND NOW, to wit, this ?7 day of April 2006, upon consideration of the attached T- w -,< Petition to Transfer, it is hereby ordered and decreed that the above-captioned action i v < N transferred to Cumberland County, Pennsylvania. rv v _ BY THE COURT: r"- ?? G? 0 BRENT A. SPONSELLER, Plaintiff V. GERGANASPONSELLER, Defendant C : IN THE COURT OF COMMON PLEAS : OF YORK COUNTY, PENNSYLVANIA No. 2006-FC-0469-Y02 Divorce n '. PETITION TO TRANSFER 1 l AND NOW, TO WIT, thiso4l4aay of April 2006, comes the Plaintiff, Brent A. ` _ , o ` c, Sponseller, by his attorneys, CGA Law Firm (Countess Gilbert Andrews, P.C.), and files : N this Petition to Transfer and states as follows: Petitioner Brent A. Sponseller is an adult individual who resides at 609 Prince Street, Littlestown, Pennsylvania 17340- 2. Respondent is Gergana Sponseller, an adult individual who resides at 613 Geneva Drive, Apt. 36, Mechanicsburg, Pennsylvania 17055. On March 20, 2006 Petitioner filed a Complaint for Divorce in York County, Pennsylvania. 4. Respondent has filed a support action against Petitioner in Cumberland County, and a hearing has been scheduled for Thursday, April 27, 2006. The parties agree to consolidate all proceedings to transfer such Complaint in Divorce to Cumberland County. 6. Both Petitioner and Respondent's attoriT771U it is in the best interest of the parties that this matter be transferred to Cumberland County, Pennsylvania. See Stipulation attached as Exhibit "A". 0 • WHEREFORE, it is respectfully requested that this Honorable Court enter an Order transferring this action to Cumberland County, PA. Respectfully submitted, CGA Law Firm Countess Gilbert Andrews, P.C. y ichelle okrifka, Esq 're Supreme Court No. 6665 135 North George Street York, Pennsylvania 17401 Tel.: (717) 848-4900 BRENT A. SPONSELLER, : IN THE COURT OF COMMON PLEAS Plaintiff : OF YORK COUNTY, PENNSYLVANIA vii. No.2006-FC-0469-Y02 GERGANA SPONSELLER, Defendant Divorce STIPULATION _-- AND NOW, thisa4 day of April, 2006, comes Michelle Pokrifka, Esquire, Attorney for Plaintiff, Brent A. Sponseller and Shane B. Kope, Attorney for Defendant, Gergana Sponsller, and stipulate and agree to transfer the above-captioned divorce matter presently Cumberland County. Michelle Pokriflc*?, Esquire Shane B. Kope, Attorney for Plaintiff+ne for E • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENT A. SPONSELLER, No. 2006-02657 Plaintiff, VS. CIVIL ACTION - LAW GERGANA I. SPONSELLER, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 3301(C) of the Divorce Code was filed on March 20, 2006. 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 unsworn falsification to authorities. Op a i Ac*? Brent A. Sp seller, Plaintiff (00174747/1} i r t . ?4 fJ _ ?? . + r' + ?' CIO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENT A. SPONSELLER, No. 2006-02657 Plaintiff, VS. GERGANA I. SPONSELLEII, Defendant CIVIL ACTION - LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 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. Section 4904 relating to unworn falsification to authorities. 49 D/ ZA?v Brent A. Spo seller, Plaintiff 100174747/1) (:D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENT A. SPONSELLER, Plaintiff, No. 2006-02657 VS. GERGANA I. SPONSELLER, Defendant CIVIL ACTION - LAW AFFIDAVIT OF CONSENT A Complaint in Divorce under 3301(C) of the Divorce Code was filed on March 20, 2006. 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 unsworn falsification to authorities. Date Brent A. Sponse er, Plaintiff {0078237711} rn r,. b 8 ?C?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENT A. SPONSELLER, Plaintiff, No. 2006-02657 VS. GERGANA I. SPONSELLER, Defendant CIVIL ACTION - LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(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. Section 4904 relating to unsworn falsification to authorities. a2 /? .? oO ? Date Brent A. Sponselle , Plaintiff {00182377/1} ,.? ??., ?"'" '? ? ?? / .- ?? .v BRENT A. SPONSELLER, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION GERGANA I. SPONSELLER, NO. 2006-02657 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on March 20, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree of divorce after service of a Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and 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: ??• 116/0 GER A I. SPONSELLER Defendant ? r-I O BRENT A. SPONSELLER, Plaintiff VS. GERGANA I. SPONSELLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 2006-02657 CIVIL TERM : 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 this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. Date: 6)-) /? 0 7 GERGANA . SPONSELLER, Defendant O -? "*'? ?? ???' W ? `:; ? ? ,''?? _?' :?CY'1 ? G ? ?. ? POSTNUPTIAL AGREEMENT 0 THIS AGREEMENT, made and entered into in Cumberland County, at Pennsylvania, this day of 2006 and between GERGANA I. ' •???.. SPONSELLER of 613 Geneva Drive, Apt. 36, Mechanicsburg, Pennsylvania 17055, (hereinafter referred to as the "Wife"), and BRENT A. SPONSELLER, of 609 Prince Street, Littlestown, Pennsylvania 17340 (hereinafter referred to as the "Husband") WITNESETH: WHEREAS, the parties hereto were duly married to each other in Frederick, Maryland, on April 23, 2003. WHEREAS, certain unhappy and irreconcilable differences have arisen between the parties, in consequence of which, they have in past separated and may in the future decide to continue to live separate and apart for the remainder of their lives; and WHEREAS, Husband instituted a no-fault divorce action in the Court of Common Pleas of York County, Pennsylvania by filing a complaint on March 20, 2006. By Stipulation of the parties, the matter was transferred to the Cumberland County Court of Common Pleas on or about April 27, 2006. WHEREAS, it is the intention and desire of the parties to enter into an agreement resolving all of their respective financial and property rights, and all other respective rights, remedies, privileges and obligations arising out of the marital relationship or otherwise in the event of an eventual final separation and divorce of the parties; and WHEREAS, the provisions of this Agreement and their legal effect have been fully explained to the Wife, Gergana I. Sponseller, by counsel, Michael D. Rentschler, Esquire and to the Husband, Brent A. Sponseller, by his counsel, Michelle Pokrifka, Esquire. JOW0425n;1392082.1 .J WHEREAS, both parties have had the opportunity and have made independent inquiry and investigation with respect to their respective legal rights, remedies, privileges and obligations arising out of marriage or otherwise and each has been fully informed of each other's assets, properties, property holdings, income and prospects; and WHEREAS, each party hereto warrants and represents to the other that he or she fully understands all of the terms, covenants, conditions, provisions and obligations incumbent upon each of them by virtue of this Agreement, to be performed by each of them hereunder, and each believes the Agreement to be fair, just, reasonable and in the respective individual best interest of each and not the result of any fraud, duress, or undue influence exercised by either party upon the other party or by any other person or persons upon either. NOW, THEREFORE, in consideration of the promises contained herein, intending to be legally bound, the parties hereto agree as follows: 1. INCORPORATION OF PREAMBLE The recitals set forth in the preamble to this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 11. NO MOLESTATION Neither party shall in any way molest, disturb, or trouble the other or interfere with the peace and comfort of the other or compel or seek to compel the other to associate, cohabit, or dwell with him or her by any action or proceeding for restoration of conjugal rights or by any means whatsoever after final separation of the parties. III. SEPARATE RESIDENCE It is, and shall be, lawful for the parties hereto at all times to choose to live separate and apart from each other and to reside from time to time at such place or places as each may see fit, too170425/21 2 0 0 and to contract, carry on and engage in any employment, business or trade, which either may deem fit, free from control, restraint, or interference, direct or indirect, by the other in all respects. IV. DISTRIBUTION OF MARITAL AND EQUITABLE DISTRIBUTION A. Individual Propert y. Subject to and except as provided in this Agreement, each party shall own, free of any claim or right of the other, all of the items of property, real, personal, and mixed, of any kind, nature, or description and wheresoever situate, which are now owned by him or her, or which are in the possession of him or her, or which are now in his or her name, or to which he or she is, or may be, beneficially entitled or which may hereafter belong to or come to him or her with full power to him or to her to dispose of the same as fully and effectually in all respects and for all purposes as if he or she were unmarred. The parties stipulate and agree that all items or personal property have been distributed between them except as outlined herein. Each stipulate and agree to indemnify or hold the other harmless for any debt associated with the property retained and/or awarded to them individually. The parties stipulate and agree that all items of personal property have been distributed between them and each has disclosed to the other those items that they will retain in the event of a final separation of the parties. Husband hereby expressly waives any right or interest he might have or might acquire in or to any assets of the Wife not specifically mentioned in this Agreement, including but not limited to automobiles, bank accounts, brokerage accounts, jewelry, furs, musical instruments, individual retirement accounts, stocks, bonds, options, pension plans, life insurance and causes of action. Wife hereby expressly waives any right or interest she might have or might acquire in or to any assets of the Husband not specifically mentioned in this Agreement, including but not limited to automobiles, bank accounts, brokerage accounts, jewelry, furs, musical instruments, ?001704292, 3 individual retirement accounts, stocks, bonds, options, pension plans, life insurance and causes of action. B. Vehicles. Parties stipulate and agree that the vehicles of the parties have been distributed between them and each party waives all rights to the vehicle retained by the other spouse. Wife will retain the 1997 Ford Escort and Husband will retain the 1997 Pontiac GrandAm SE and the 1990 Pontiac Sunbird. Both parties shall within thirty (30) days of execution take all steps necessary to remove the name of the other party from the title to said vehicles placing them in each party's name alone. The parties further agree to cooperate to execute all necessary documentation to have such vehicles, if necessary, transferred into the other spouse's name pursuant to this agreement. The parties further stipulate and agree that they previously discussed and have agreed to divide between themselves any and all other items of marital and personal property, not specifically mentioned above upon the final separation of the parties. Each party shall pay any taxes, expenses, loan payments, and insurance associated with all of the personal property awarded to him or her pursuant to this Agreement, unless otherwise provided in this Agreement. Each party shall indemnify and hold harmless the other from all debt related to the property awarded to them. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any he or she may have, with respect to the above items, which shall become the sole and separate property of the other. C. Personal Property. Husband and Wife have already divided all personal property accumulated by them during their marriage, and each does hereby acknowledge that J00170425/21 4 0 • Husband and Wife, respectively are now sole owners of such personal property as is in his or her respective possession, except as follows: Upon entry of the divorce decree, Wife agrees that she shall turn over to Husband the following items: Medical card, dental card, Walmart discount card, Military Dependent identification card, Carlisle Barrack's vehicle decals. D. Health, Accident, Hospitalization and Major Medical Insurance. The parties stipulate and agree that Husband shall provide health insurance for Wife for a period of six months and will continue to pay for such insurance. Such insurance shall be terminated on December 31, 2006. Each party shall be responsible for the payment of all of their own uncovered medical expenses, which would include co-pays, deductibles, prescriptions, etc. The party shall not request contribution of the other party for such uncovered or disallowed expenses. E. Resumption of Maiden Name. Upon execution of this Agreement, Wife shall also execute any and all documents necessary for her to resume her maiden name. V. RESPONSIBILITY FOR DEBTS Wife has a loan through Wachovia/Commerce Bank, which she obtained to assist her in establishing credit in the United States. Husband was a joint signer on such loan. Wife agrees to remove Husband's name from such loan. Wife shall indemnify and hold Husband harmless from any and all payments due on said loan. Wife shall complete such transfer of the loan into her name alone within thirty (30) days of the execution of the agreement. Each party covenants and represents that he or she has not heretofore incurred or contracted, nor will he or she hereafter incur or contract any other debts, charges or liability whatsoever for which the other spouse or his or her legal representatives or his or her property or estate may become liable. Husband and Wife each agree to pay in full his or her own individual debts and to 100170425121 5 0 keep the other party free, harmless and indemnified of and from any of his or her individual debts. Parties have stipulated and agreed that each has retained individual debt, for which they are solely liable. Each party agrees to pay in full his or her own individual debt and to keep the other party free, harmless and indemnified from any of his or her individual debts. Should there be any other debt outstanding, held in joint names, or in which Husband has placed Wife's name as a debtor, authorized user, or liable party without the knowledge or authorization of Wife, he shall be responsible for the payment of such debt and he shall take all action necessary to transfer such debt into his name or to have Wife's name removed from such debt within thirty (30) days of the signing of this Agreement. He further stipulates and agrees to completely indemnify and hold harmless Wife for all such individual debt or joint debt incurred without Wife's knowledge or authorization. VI. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, ALIMONY The parties stipulate and agree that Wife shall receive the amount of $500 per month as spousal support commencing in July, 2006 and concluding in December, 2006. Wife filed for support on March 30, 2006. The parties have stipulated and agreed that she shall receive support for the months of April through June 2006 and such additional support shall be added to monthly payments from July, 2006 through December, 2006. Such payments will total the amount of $750 per month for the six month period beginning July, 2006. VII. TAX RETURN The parties stipulate and agree to file separate income tax returns for the year 2006 and every year thereafter that they remain married. Each agrees to make available to the other any and all documents necessary to allow him or her to timely file such tax returns should such documents be in the possession of the other party. It is stipulated and agreed that each party is solely responsible for any and all taxes incurred for the award, receipt or distribution of marital assets or ;0017042512) 6 individual assets which they had retained in their possession or which have come into their possession. VIII. LIFE INSURANCE The parties stipulate and agree that each shall be responsible for providing their own life insurance for themselves and shall hold the other spouse harmless for the provision of such insurance. As of the date of signing of this Agreement, may change any beneficiary designation on their own insurance. VIX. SUBSEQUENT DIVORCE A. There is pending between the parties an action for divorce at the Court of Common Pleas of Cumberland County Pennsylvania, docketed at 2006-02657. Both Husband and Wife shall sign, for filing with said Court, an Affidavit of Consent agreeing to the entry of a final decree in divorce as well as a Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code. The Praecipe to Transmit Record shall not be filed until after December 1, 2006. B. Unless either party shall have requested counseling prior to the filing of said affidavit of consent, the right to request such counseling shall be deemed waived. C. The provisions of this Agreement shall be incorporated and made a part of the decree of divorce granted in the above-mentioned action, and the Court of Common Pleas of Cumberland County, Pennsylvania, shall have jurisdiction over the parties to enforce this Agreement; but, notwithstanding such incorporation, this Agreement shall not be merged in such decree, but shall in all respects survive the same and be forever binding and conclusive upon the parties and enforceable by the parties in accordance with its terms. 100170425/21 7 0 0 X. MUTUAL RELEASE AND DISCHARGE OF GENERAL CLAIMS Subject to the provisions of this Agreement, upon the final separation of the parties each party shall remise, release, and forever discharge, and by these presents does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, remise, release, and forever discharge the other of and from all causes of action, claims, rights, or demands, whatsoever, in law or in equity, which either of the parties hereto ever had, or may have against the other, except any and all cause or causes of action for divorce. XI. MUTUAL RELEASE AND DISCHARGE OF CLAIMS IN ESTATES Upon the final separation of the parties each party shall release, waive and relinquish any and all rights which he or she may have, or may hereafter have as the other party's spouse under the present or future laws of any jurisdiction (a) to share in the estate of the other party upon the latter's death; and (b) to act as executor, executrix, administrator or administratrix of the other party's estate. Upon final separation of the parties this provision is intended to, and shall, constitute a mutual waiver by the parties to take against each other's wills, now or hereafter in force, under the present or future laws of any jurisdiction whatsoever. The consideration for each party's waiver and release is the other party's reciprocal waiver and release. The parties intend, by the aforedescribed waiver and release, to relinquish any and all rights in and to each other's estate, including the rights of set-off, any and all distributive shares, and all rights of election presently provided for in any statute of this or any other jurisdiction upon the final separation of the parties. XII. COUNSEL FEES AND COURT COSTS The parties stipulate and agree that each party shall be responsible for their own counsel fees without contribution from the other party. 100170425121 8 XIII. CHANGE OF ADDRESS Upon the final separation of the parties and until all obligations under this Agreement have been completely performed, each party shall notify the other in writing of any change of residential address and/or telephone number within ten (10) days of the date of such change. XIV. ADDITIONAL INSTRUMENTS Husband and Wife shall, at any and all times, upon request by the other party or his or her legal representatives, make, execute, and deliver to the other party any and all such other and further instruments as may be necessary or desirable for the purpose of giving full force and effect to the provisions of this Agreement without charge therefor. XV. SEPARABILITY In case any provision of this Agreement is held to be contrary to, or invalid under, the law of any country, state, or other jurisdiction that is applicable to this Agreement, such illegality or invalidity shall not affect in any way any other provisions hereto, all of which shall continue, nevertheless, in full force and effect under the law of the country, state, or other jurisdiction that is applicable to this Agreement. XVI. CONSTRUCTION This Agreement shall not be construed against either party as the party preparing it, in that both parties have participated fully in the preparation of this Agreement. XVII. HEADINGS The headings used in this Agreement are for convenience only and are not to be used in interpreting the Agreement. 10017042512, 9 E XVIII. GOVERNING LAW AND JURISDICTION All matters affecting the interpretations of this Agreement and the rights of the parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. The Courts of the Commonwealth of Pennsylvania shall have jurisdiction over the parties hereto as to any disputes arising under this Agreement. The parties stipulate and agree that Cumberland County, Pennsylvania, does presently have and shall retain jurisdiction over the parties and this matter and both parties agree to submit to the laws of the Court of Common Pleas of Cumberland County, Pennsylvania. XIX. MODIFICATION AND WAIVER Neither this Agreement nor any provision thereof shall be amended or modified or deemed amended or modified except by an Agreement in writing duly subscribed and acknowledged with the same formality as this Agreement. Any waiver by either party of any provision of this Agreement or any right or option hereunder shall not be controlling, nor shall it prevent or estop such party from thereafter enforcing such provision, right, or option, and the failure of either party to insist in any one or more instances upon the strict performance of any of the terms or provisions of this Agreement by the other party shall not be construed as a waiver or relinquishment for the future of any term or provision, but the same shall continue in full force and effect. XX. INDEMNIFICATION UPON BREACH If for any reason either Husband or Wife fails to perform his or her obligations hereunder to the other spouse, and the other spouse incurs any expense thereby (including but not limited to legal fees) in enforcing his or her rights, the spouse who failed to perform the obligations shall indemnify the other spouse and hold him or her harmless for any and all such expenses. (00170425/2) 10 i • XXI. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of final separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Upon final separation both parties hereby waive the following procedural rights: 1. The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code. 2. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. 3. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. 4. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to possible claims for divorce, ,0017042512 11 child or spousal support, alimony, alimony pendente lite (temporary alimony), custody, visitation, and counsel fees, costs and expenses. XXII. ENTIRE UNDERSTANDING This Agreement contains the entire understanding of the parties, who hereby acknowledge that there have been and are no representations, warranties, covenants, or understandings other than those expressly set forth herein. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT PROVISIONS OF THIS AGREE- MENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands the day and year first above written and they hereby acknowledge and agree that the provisions of this Agreement shall be binding upon their respective heirs, executors, and administrators. WITNESS: Gergana onseller 7 Brent A. Sponseller 100170425/2) 12 ?? ?? ?: ?-?-'? _ t-t ti . 4 ? a ,,,, °: w • • BRENT A. SPONSELLER, IN THE COURT OF COMMON PLEAS Plaintiff OF YORK COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. No. 2006-FC-469-Y02 GEORGIEVA SPONSELLER, Defendant AFFIDAVIT OF SERVICE C) COMMONWEALTH OF PENNSYLVANIA) -?' COUNTY OF YORK ) MICHELLE POKRIFKA, ESQUIRE, counsel for the Plaintiff in the above captioned matter, being duly sworn according to law, deposes and says that on March 25, 2006, there was delivered to the Post Office of York, Pennsylvania, for delivery to Georgieva Sponseller, 613 Geneva Drive, Apt. 36, Mechanicsburg, Pennsylvania 17055, by certified mail, the Complaint for Divorce for which deponent received at that time receipt for certified mail No. 7003 3110 0001 0169 3173, a copy of which is attached hereto as Exhibit "A". Thereafter there was returned the certified mail receipt card bearing the same number and signed "Georgieva Sponseller", showing a delivery date of March 25, 2006. Said return receipt card is attached hereto as Exhibit "B". MICHELLE PO , ESQUIRE Sworn and subscribed to before me this J "4-' day of 2006. Notary P c My Commission Expires: Notarial Sea] ty L. LaM otte, Notary Public ity Ot York, York County xnission Expires Oct. 29, 2006 EMYC Member, Pennsylvania Association Of Notaries 1 Ln N 9 ' 1 • U'S Postal Service CERTIFIED MAIL,, RECEIPT (Domestic Mail Only; No insurance Coverage Provideai ldnnmwwm? Cr -11 r•31 O Postage $ r-R C3 Certified Fee O O Rehm Redept Fee (Endorsement Required) O Restricted Delive ul d r-9 e ) dorsement Req (En M Postmark Here 3/22/2006 Total Postage & Fees I Z? m C3 swMrs. Georgieva Sponseller N -------------------------------------------- orF?neva Drive t :....6------------------------- ?iicsburg, PA 17055 .. ..t C s_ +:7.? --rl cr r: EXHIBIT "A" ¦ Complete Items 1, 2, and 3. Also complete bm 4 if Restr(cted Delivery Is desired. ¦ rdnt your name and address on the reverse eo that we can retum the card to you. • /loath this card to the heck of the mailpiece, or on the front if space permits. 1. AAWS Addressed to: Mrs. Georgieva Sponseller 613 Geneva Drive, Apt. 36 Mechanicsburg, PA 17055 B. Rwetved'*fiP frtrsd Nerve) G Dats of D '4?1S'- D. Is deNvery addma dMWwd from Item 17 0 Yes K YES, enter deNvery address below, 0 No 3. Service lSrpe Oternied Men 0 Express maN 0 Registered 0 Return Receipt for Momhandlee 0 hired mom 0 C.o.D. YY 4. ResWkW DeNverj/ Pft Fee) E? Yes AN? '7003 3110 0001 0169 3173 .10256$-02-bF1640; l PS Form 3811. Fobruwy tow DReturn F1 a to C? C) C.:' Cil EXHIBIT "B" f Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BRENT A. SPONSELLER : No. 2006-02657 V. GERGANA I. SPONSELLER : DIVORCE PRAECIPE TO TRANSMIT RECORD 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: March 25, 2006 by certified mail, restricted delivery to addressee. 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 - September 1, 2006 and December 15, 2006; by Defendant - February 16, 2007. (b)(1) Date of execution of the Affidavit required by §3301(d) of the Divorce Code: 3/17/2006 (2) Date of filing of the 3301(d) affidavit; March 20, 2006 (3) Date of service of the 3301(d) affidavit upon respondent: March 25, 2006. 4. Related claims pending: None. All economic issues resolved by Postnuptial Agreement dated September 1, 2006. 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: N/A. (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: Two Waivers filed - one September 8, 2006 and the other January 17, 2007. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: February 22, 2007. "?dl, z Z?V& f-&iA--ftoiney for P aintiff Michelle Pokrifka, Esquire ?'? ?- ? -rz - .? . -.-} _;-? R3 --r3 ?- ? - r ? ?? ? ? i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. BRENT A. SPONSELLER -'' N 0. 2006-02657 VERSUS GERGANA I. SPONSELLER DECREE IN DIVORCE AND NOW,64. -2,C-1, IS , 2007 , IT IS ORDERED AND DECREED THAT BRENT A. SPONSELLER AN D GERGANA I. SPONSELLER 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 economic issues have been resolved by Postnuptial Agreement dated September 1, 2006. BY THE COURT: I wc.'r , I ) I i ATT E ?1- . 2 j J. PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA &EN ?- ??ONS?C G?r2 Plaintiff ?0 QQ?' ? (C)a ?'7 Vs File No. IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/ defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or }C after the entry of a Final Decree in Divorce dated ©? ???? ?0? hereby elects to resume the prior surname of (T 67 0Q .f C V A , and gives this written notice avowing his / her intention pursuant to the provi . ns of SAY. S. 704. Date:_071.e3f07 ature Signature of name being resumed Comm TH OF PE?SYLVANIA ) COUNTY 0 On the 7,3??ay of 2002, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. WTARK SEAL PR OTARY NOTARY PUBLIC CARUSLE SERtANQ COU M t?URTFIQUSE W COMM 0ON EMIRES JANUARY 4, 2010 Prothonotary or Notary Public C`? `--? ? c n ? - .,,_ _ .? r.?? r, ?? ? ' ?? f`) _ ... s.. _}i°C •? i? ?? `?..,,? v ? "'j {?•= ,Y ^e 1 ("?? D v h 4? a v "?' ?f