Loading...
HomeMy WebLinkAbout06-6053Theresa M. Ensminger, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Bryan F. Ensminger, Jr., No. 66--(62 CIVIL Defendant IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. Theresa M. Ensminger, Plaintiff V. Bryan F. Ensminger, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-6-06'3 CIVIL IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Theresa M. Ensminger, an adult individual, who resides currently at a confidential address in Cumberland County, Pennsylvania. 2. Defendant is Bryan F. Ensminger, Jr., an adult individual, who resides at 65 East Penn Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married in September 1970 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Date: Q 6 Respectfully submitted, ROMINGER & WHARE 4iee A. Tomeo, E quire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 200198 Attorney for Plaintiff Theresa M. Ensminger, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Bryan F. Ensminger, Jr., No. CIVIL Defendant IN DIVORCE VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: -© Theresa . nsmi g Plaintiff Theresa M. Ensminger, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vi. CIVIL ACTION - LAW Bryan F. Ensminger, Jr., No. CIVIL Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Leslie A. Tomeo, Esquire, attorney for Plaintiff do hereby certify that I this day mailed a copy of the within Motion upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Bryan F. Ensminger 65 East Penn Street Carlisle, Pa 17013 Dated: J0 I ttl p Leslie A. Tom o, Esquire 155 South Ha ver Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 200198 Attorney for Plaintiff \v ?' r Tr C `° -, i ?+ ?? r ? , ti '? ,` r.-- `? --a t" } _..? ('G C? .? Theresa M. Ensminger, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Bryan F. Ensminger, Jr., No. 06-6053 CIVIL Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Theresa M. Ensminger, Plaintiff, moves the Court to appoint a Master with respect to the following claims: ( X ) Divorce ( X ) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( X ) Costs and Expenses and in support of the Motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action by her attorney, Karl E. Rominger, Esquire. 3. The statutory ground(s) for divorce is irreconcilable differences 4. The action is contested with respect to the following claims: equitable distribution. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (1) day. 7. Additional information, if any, relevant to the Motion: None. Date: July 30, 2008 Respectfully Submitted, Rominger & Associates Kall E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #81924 Attorney for Plaintiff C1 cr-...a e ?i?i ?;?. ???, ?, ? ?.. c:,l ?.?, ;` " -? ?:,_t .. :, ?: ... ..,? n 0. JUL 3 7 200% Theresa M. Ensminger, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vi. CIVIL ACTION - LAW Bryan F. Ensminger, Jr., No. 06-6053 CIVIL Defendant IN DIVORCE ORDER APPOINTING MASTER AND NOW, this 1 day of , 2008, Esquire, is appointed Master with respect to the following claims: 1. Expenses and costs. 2. Divorce. 3. Distribution of property. Q" wlcm J. Distribution: ZK'arl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 - Michael A. Scherer, Esquire 19 West South Street Carlisle, Pennsylvania 17013 LA Ves rnu-c Lod" P S1r/o8 >- t, Lu cry ..) Theresa M. Ensminger, Plaintiff V. Bryan F. Ensminger, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-6053 CIVIL IN DIVORCE PRAECIPE TO ADD ADDMONAL COUNTS IN DIVORCE TO THE PROTHONOTARY: Please add an additional count of Equitable Distribution and Costs and Expenses to the above divorce matter. Respectfully Submitted, Rominger & Associates Date: August 6, 2008 Kafl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff y? "l7 ' N V W O G C? "1 THERESA M. ENSMING Plair V. BRYAN F. ENSMINGER, OR iat I will not be divorced until a divorce decree is entered by the decree will be sent to me immediately after it is filed with 1. A complaint i? divorce under Section 3301(C) of the Divorce Code was filed on October 17, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from th date of filing and service of the Complaint. 3. 1 consent to toe entry of a final decree of divorce without notice. 4. 1 understand hat I may lose rights concerning alimony, division of property, lawyer's fees or expenses i I do not claim them before a divorce is granted. 5. 1 understand the Court and that a copy the Prothonotary. 6. 1 have been that I may request that the counseling. I verify that the state that false statements hereir relating to unsworn falsificz Date: 3 -1 Z - /D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 6053 CIVIL ACTION-LAW CIVIL TPRM!'?! RY OF d of the availability of marriage counseling and understand require counseling. I do not request that the court require ents made in this affidavit are true and correct. I understand are made subject to the penalties of 18 Pa.C.S. Section 4904 ion to authorities. l Bryan F. Ensminger AM-GRACE CF THPE' P ;'?^ ?'? -NOTAPY 2010 MAR 2L' , P ,1 07 '`' . j 'f Theresa M. Ensminger, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Bryan F. Ensminger, Jr., No. 06-6053 CIVIL Defendant IN DIVORCE PROOF OF SERVICE • Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired, ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mallpiece or on the front if space permits. 1. Article Addressed to: rgcya?n Fn, A. Signature - X ? Agent ` ? Addrsem K Receiv by (Printed Name) Date of Delivery D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: 7No r. 3. Service Type F VDCertified Mail ? Express Mail ? Registered P:tetum Receipt for Merchandlas ? insured mail ? C.O.D. 4. Reshkxed DsNvery? (Elba Fee) 1120bs 2. Article Number 7005 2570 0000 3796 5534 (/fansM horrr.mWw AMreq Ps Form 3811, February =4 Domestic Rstum Receipt lozsas-o241-14W Theresa M. Ensminger, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. n CIVIL ACTION - LAW ` C; ?. 51 Bryan F. Ensminger, Jr., No. 06-6053 CIVIL Defendant IN DIVORCE MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this day of _Ml f" , 2010, between Theresa M. Ensriger? (hereinafter called "Wife") and Bryan F. Ensminger, Jr. (hereinafter called "Husband") WITNESSETH: The parties hereto are Wife and Husband, having been married in September, 1970, in Carlisle, Cumberland County, Pennsylvania. There were no children born of this marriage. Diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other, including without limitation: (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and of Husband by Wife; (3 and (4) in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1 1. AGREEMENT NOT PREDICATED UPON DIVORCE It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for the institution, prosecution, defense or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds, nor to prevent either party from defending any such action which may, has been, or shall be instituted by the other party, or from making any just or proper defense thereto. The parties further agree that they will each sign the Affidavit of Consent and Waiver of Notice after the required ninety (90) day time period has elapsed when such a divorce procedure is instituted. 2. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Karl E. Rominger, Esquire, for Wife, and Michael A. Sherer, Esquire, for Husband. Each party acknowledges that she or he has received independent legal advice from counsel of her or his selection and that each fully understands the facts and has been fully informed as to her or his legal rights and obligations and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 2 3. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 4. PERSONAL PROPERTY Husband shall retrieve from Wife (or Wife's family) the rocking chair given to the parties as a wedding gift by Husband's grandmother. Wife and Husband do hereby acknowledge they have heretofore divided the marital property, including, but without limitation, jewelry, clothes, furniture and other personalty, and hereafter, Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and, Husband agrees that all property in the possession of Wife shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of the other. 3 5. REAL PROPERTY Wife hereby agrees to convey, transfer and grant to Husband her right, title and interest in the real estate on Trindle Road, Carlisle, Pennsylvania known as parcel number 29-21-0316- 009B. Wife shall sign a deed conveying this real estate to Husband concurrent with the execution of this Agreement. From the date of this Agreement, Husband agrees to assume as his sole obligation any and all mortgage payments, taxes, claims, damages or other expenses incurred in connection with said premises, and Husband agrees and covenants to hold Wife harmless from any such liability or obligation. 6. ALIMONY Husband agrees to pay wife alimony in the amount of $400.00 per month for fifty (50) months beginning the first day of the next month after the signing of this agreement. The alimony shall be non-modifiable regardless of a change in future circumstances, and shall terminate at Wife's remarriage or cohabitation or at the death of either party. 7. LUMP SUM PAYMENT Husband agrees to make an equitable distribution payment of $5,000.00 upon the signing of this Agreement, with $2,878.00 being paid to Wife and $2,122.00 being paid to Karl E. Rominger, Esquire to satisfy Attorney's fees owed by Wife in an amount of $2,122.00. 8. TAX RETURNS Wife and Husband agree that each party shall file their own individual income tax return. 9. MEDICAL INSURANCE Wife and Husband agree to waive claim to either's medical insurance. 4 10. LIFE INSURANCE/RETIREMENT BENEFITS Wife and Husband agree to waive claim to either's Life Insurance. Wife waives any interest she may have in Husband's retirement invested in the Dover Corporation Retirement Plan. 1. LIABILITIES Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind incurred by them, including those for necessities. 12. NO BAR TO FURTHER PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available. It is agreed that this Agreement shall not be impaired by any divorce decree which may be granted but shall continue in full force and effect notwithstanding the granting of any such decree. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. !.i 13. MUTUAL RELEASE Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Wife and Husband to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this 6 Agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 14. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectually the terms of this Agreement. 15. SUCCESSORS' RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 16. ENTIRE AGREEMENT Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other term, condition, clause or provision of this Agreement. 17. BINDING EFFECT OF AGREEMENT This Agreement shall remain in full force and effect unless and until terminated pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of 7 the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 18. SEVARABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law, or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 19. BREACH / ENFORCEMENT Any party breaching this agreement is liable to the other party for all costs and counsel fees reasonably incurred by the non-breaching party to enforce his or her rights under the Martial Settlement Agreement subsequent to the date of the signing of this Agreement. The aggrieved party may file in either law or equity, in any court of competent jurisdiction, including, but not limited to the county in which they or the opposing party reside. Should either party fail in the due performance of the terms under this Agreement, the other party shall be able at his or her discretion to sue for performance or for damages for a breach of the Agreement. The party who is deemed to have failed in the due performance of the terms hereunder shall be liable for all reasonable costs and expenses incurred by the other in suing for performance or for damages for breach of the Agreement, including counsel fees. 8 20. NOTICE PROVISIONS (a) Notice to Husband shall be sent to Michael A. Sherer, Esquire, 19 West South Street, Carlisle, Pennsylvania 17013, or such other address as Husband from time to time may designate in writing. (b) Notice to Wife shall be sent to Karl E. Rominger, Esquire, 155 South Hanover Street, Carlisle, Pennsylvania 17013, or such other address as Wife from time to time may designate in writing. 21. HEADINGS Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meanings, construction or effect. 22. EFFECTIVE DATE The effective date of this Agreement shall be the date upon which it is executed; however, the transfer of the property provided for herein shall only take place upon the entry of a final decree in divorce, unless otherwise indicated. The support provisions of this Agreement shall take effect as indicated. Notwithstanding the foregoing, if a final decree in divorce shall not have been obtained within four (4) months from the date of execution of this Agreement, this Agreement shall be null and void. 9 23. CONTROLLING LAW This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. This Agreement is executed in,duplicate, and in counterparts, and Wife and Husband, as parties hereto, acknowledge the receipt of a duly executed copy hereof. Karl E. Rominger, Esquire Theresa Ensminger, Wife It Michae A. cherer, Esquire Bry . Ensminger, Jr., H Md 10 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) On this, the r ` day of , 2010, before me the undersigned officer; personally appeared Karl E. Rominger, Es4hire, known to me to be a member of the bar of the highest court of the said Commonwealth, Supreme Court ID Number 81924 and a subscribing witness to the within instrument, and certify that he was personally present when whose name is subscribed to the within instrument executed the same; and that said person acknowledged that she executed the same for the purposes therein contained. WITNESS my hand and seal the day a CppMyONy1f :ALTH OF PENNSY VANIA Notetlal Seal -TwwE L Pewm Notary PdAG Ca atm. O true Carty kVE4kea Sept a 2D11 Member, Pennsylverds Assodadon of Npteries COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF CUMBERLAND 1 On this, the I Z- day of M2,-A , 2010, before me, the subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland, personally appeared Bryan F. Ensminger, Jr. and in due form of law acknowledged the above Agreement to be his act and deed and desired the same to be recorded as such. Notary Public 11 Theresa M. Ensminger, Plaintiff V. Bryan F. Ensminger, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-6053 CIVIL IN DIVORCE AND NOW, comes Theresa M. Ensminger, by and through her counsel, Karl Esquire, and in support of her Motion avers as follows: n ?a r n n-t M k.: N Ln i `n + ' l e wo mWger, w An Order of Court was entered August 1, 2008, by the Honorable Edgar B. Bayley, appointing E. Robert Elicker, II as the Divorce Master for the above captioned docket. 2. The parties have reached an agreement in this matter and have executed a Marital Settlement Agreement. 3. Opposing counsel, Michael A. Scherer, concurs with this request. WHEREFORE, Plaintiff respectfully requests that the Court vacate the appointment of the Divorce Master. Respectfully Submitted, Rominger & Associates Date: K-:31aslic-) Karl ominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 81924 Attorney for Plaintiff 9 Theresa M. Ensminger, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Bryan F. Ensminger, Jr., No. 06-6053 CIVIL Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Motion to Vacate Appointment of Divorce Master, upon the following by depositing the same in the United States mail, first class, postage prepaid addressed as follows: Michael A. Scherer, Esquire 19 West South Street Carlisle, Pennsylvania 17013 Date: 0 Respectfully Submitted, Rominger & Associates It Kael. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 81924 Attorney for Plaintiff MAR 2 6 2010 Theresa M. Ensminger, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Bryan F. Ensminger, Jr., No. 06-6053 CIVIL Defendant IN DIVORCE ORDER OF COURT AND NOW, this i964 day of 2010, upon consideration of the within Motion to Vacate Appointment of Master, said Motion is Granted. Distribution: arl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 ichael A. Scherer, Esquire 19 West South Street Carlisle, Pennsylvania 17013 OF 1;&S /na E bi?c ? N 4L} _-4 ?t N _ p?. <'` } AR 30 Theresa M. Ensminger, Plaintiff OF THE --?,,16T AFjy 2010 K'', a V V` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Bryan F. Ensminger, Jr., No. 06-6053 CIVIL Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: October 17, 2006, was served on Defendant by First Class Mail, Certified, and Return Receipt Requested and signed for on October 19, 2006. 3. Date of execution of the affidavit of consent required by § 3301(c) of The Divorce Code: by the Plaintiff March 17, 2010, by the Defendant March 23, 2010. 4. Related claims pending: None 5. Date Plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary, March 18, 2010; date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary, March 23, 2010. Respectfully Submitted, Rominger & Associates Date: March 23, 2010 Kar, . Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 717) 241-6070 Supreme Court I.D. # 81924 Attorney for Theresa M. Ensminger Theresa M. Ensminger V. Bryan F. Ensminger, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6053 DIVORCE DECREE AND NOW, CxG%?G it is ordered and decreed that Theresa M. Ensminger Bryan F. Ensminger, Jr. bonds of matrimony. plaintiff, and , defendant, are divorced from the Any existing spousal support order shall hereafter be 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. A Marital Settlement Agreement is incorporated but not merged with the Divorce Decree. By the Court, ?-1 7-10 Cex4. ccy,,-? Mz? \e? '-?O q,So c i Cx- S. IUc3r? ce_ ma? lei 4?-,° u?Io pr4x? KO M; A TIC ?? Sc," cr-p-?