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Home My WebLink About95-00568 f~2\;.'. <~ ,---' iIr i-:. '-';-" ,~; ; ; ~.y::-,;" i~>f;---" A'fj:: t/> ".,--i, :"~E'" , ,,' ~,-.- t ~\s..' .,>' cO ~ , .'l" - . > "- '-' 00 \;.S) LO r to 0- of '-,-', ~ . , 10 . . ,.~........~......,.~.,..,~......, ~....... ':JtI...." ......... d.......-..,. ...... ,. -- '. .......' ........ ........, ..... . ....... .....' ....... ........ ........!.,.. ........................ ......... ........" ..",..' -........ .......,......."'..... .... ,..... ,......"... .......". ..', ........ -....... ......,.. .......... .....~ ......... ....... ......' '..To' ....... ....... ...... ........ ""0' ............................................................,..y... .,...~".....,'.l1 ~ - 8 ,0' :1 ~ ~ y . ~ IN THE COURT OF COMMON PLEAS ~ ~ $ ~ OF CUMBERLAND COUNTY ~ ~ ' ~ ~ ~ :.~ STATE OF 't~ PENNA. ~ ,~ ~~~~ ~ ~ t; ... ~ :'1 ~ S " 8 ~ ~ i ~.' ~ .'~ t ~.~ ~ .: i :'~ ,', ~ " ~ .'~ ~ ti! ~ ~ ~,.;. -;,.. -..:. 0>>:. .It> ,~ ~ ,', * ;; ,', ~ w f-i ,', ~ !i! ~.~ ,', * .-l W :'~ ,', ~ ,', ~ ,', ~ DAVID C. MENGLE. Plaintiff N (). ....~,~.:~.~.~...... ................. 19 , ..................................................................................... II Ii II Vm'.illS ELIZABETH W. NENGLE. Defendant AND NOW, . . DE'CREE IN D I V 0 R C E ;t ~ ~l-S' p~ .. .. .. . ~. .. .., 19. 9~.. ., it is ordered and ~ ~': ,', ~ ~ ~~ ~ ~ ,'. " ,', ~ ~ ~ ,. .~ ~ .. 8 . ~ ~ ~ .' to,; .. W " .. S " ~ !.~ .', ~ " ~ ~.~ ~ ;.~ $ .'. ~ .'~ * ~ '.' w. ... ~ '.' .'. ~ ~ .. . .. * .' ~ '.' decreed that ... p.ay.i.d. .c... ~~e.n.g.l.~.. .. '" . '" . ... . .... . . .. ., ...., plaintiff. and..... .~H~'!ql1~I).~I.~I...l}g.j...................................., defendant, are divorced from the bonds of matrimony. 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; Nune, The attached Pust-Nuptual Agreement is incurpurated but not .... .......... ............. ..... .... .................. .............. ......, merged intu this Decree. .................. ....... .......... II ...... .......... .....,........ ....... ll~' '~"~ ~ ~Jed-;'.j-7Rj~~~J: ~- 1..9J- ~ , ' .1t1. ,? ~i1, ' , ',.. , I Prolhonolnry ....-.-..-. ..--._-.."'.....-...-..~ ~.~-" ~,~. .., .~--.....~....~...... ......,. ........" ,-, ." j~ ~ ~~____~_ro*~**~~~~_~..ro~*~ /f7'P~ dd'(0/7,4'~'1~ ~4 ~~~n /(.7,f}t- 'l;b?f.a /wr:~ ~ c-4 ~ .q . , , . " " THIS AGREEMENT ~U~~ , 1996 by and between: POST-NUPTIAL AGREEMENT made and entered into this ~ ~J day of DAVID C. ME~GLE, of 92 skyline Drive, Mechanicsburg, Cumberland County, Pennsylvania, party of the first part, (hereinafter "Husband") AND ELIZABETH W. MENGLE, of 27 Dewalt Drive, Mechanicsburg, Cumberland County, Pennsylvania, party of the second party, (hereinafter "Wife") WI!rNESSETH: WHEREAS, Husband and Wife (collectively referred to herein as "the parties") were married to each otner December 27, 1980 in Carlisle, cumberland county, Pennsylvania and separated on October 8, 1994; and WHEREAS, the parties last resided with each other at 84 Skyline Drive, Mechanicsburg, Cumberland County, Pennsylvania; and WHEREAS, the parties have accumulated certain assets and incurred certain debts during their marriage; and LAW o"lcca SNELBAKER & BRENNEMAN WHEREAS, the parties have three children of their marriage; namely, Benjamin W. Mengle, born July 12, 1983, Cera G. Mengle, born November 7, 1985 and Forrest L. Mengle, born May 20, 1987; and . " LAW o'''lcn SNI!LDAKER It BRENNEMAN .. '. WHEREAS, certain differences have arisen between the parties, as a consequence of which they have separated and now live separate and apart from each other; and WHEREAS, on February 2, 1995 Husband commenced an action in divorce docketed to No. 95-568 civil Term in the Court of common Pleas of Cumberland county, pennsylvania (hereinafter referred to as the "Divorce Action"); and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status and with respect to the terms and provisions of this Post-Nuptial Agreement and the meaning and legal effect thereof: Wife by Rebecca R. Hughes, Esquire of Irwin, McKnight & Hughes and Husband by Keith O. Brenneman, Esquire of Snelbaker & Brenneman, P. c.; and WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the -2- LAW O"ICU SNELDAKER II: BRENNEMAN " final settlement of their property and affairs, which they believe to be fair, just and equitable. NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: 1. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. 2. MUTUAL SEPARATION. Husband and Wife shall be free from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble or interfere in any way with the other or with any person for associating with the other. 3. DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION. The parties declare and agree that they have, prior to the execution of this Post-Nuptial Agreement, voluntarily agreed to divide and have physically divided and distributed between themselves all of the parties' personal property, furniShings and furniture. The majority of such property has been divided in accordance with a certain inventory of property attached hereto and incorporated by reference herein as "Exhibit A". -3- ~ " Miscellaneous items of personal property which had been located in the parties' marital home and which do not appear on the inventory have also been divided by the parties' agreement and to their satisfaction. All assets and property possessed by each party as a result of this final division and distribution shall be owned and possessed ,free of any right or claim of the other, it being understood that each party may own, possess, use and dispose of freely any property in his or her possession. The parties acknowledge and agree that the division and distribution of property as set forth above has occurred whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and subject to equitable distribution. The parties declare and acknowledge that they are fully aware and familiar with all assets and real property that each has bro~ght into the marriage and that has been obtained or acquired separately or jointly by them during the course of their marriage and therefore waive any valuation thereof. Each party expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed in accordance with this LAW o"lcn SNELDAKER a BRENNEMAN Agreement by the other party and hereby declares and acknowledges that the voluntary division by them of all property, whether marital or not, is fair and equitable. -4- . . LAw O"'CU SNELBAKER & BRENNEMAN , 4. MARITAL RESIDENCE AT 84 SKYLINE DRIVE. MECHANICSBURG. Husband and Wife acknowledge that they have acquired during their marriage real property improved with a residential dwelling located at 84 skyline Drive, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter the "marital residence"), which property is encumbered by a mortgage held by Harris Savings, which is acknowledged to be a marital debt. Wife agrees to provide and deliver to Husband a properly executed and acknowledged special warranty deed in a form provided by Husband's attorney/ tranSferring and conveying all of her right, title and interest in the marital residence to Husband, free and clear of all liens and encumbrances upon: (1) Husband's payment to Wife of the sum of $47/650.00; and (2) evidence of the transmission of the funds by Husband (including satisfaction fees and accumulated interest) to Harris Savings for purposes of paying off in full the mortgage encumbering the marital residence. The payment to Wife of the sum indicated above, the providing of evidence of payment of the mortgage debt by Husband and the delivery of the deed by Wife to Husband shall occur simultaneously at a time mutually convenient to the parties, but in no event later than October 8/ 1996. Husband agrees to accept the marital residence "as is" and in its present condition. Husband further agrees to be responsible for all real estate taxes, maintenance expenses and debt associated with the marital home, regardless of when said -5- , " taxes, expenses and debt may have been or will be incurred and by whom, provided Wife delivers to Husband the deed described above in, accordance with the terms hereof. Husband shall have the right to deduct all mortgage interest and real estate taxes on his personal tax returns for the year 1996. 5. AUTOMOBILES. The parties acknowledge that they acquired during their marriage a 1992 Ford Crown Victoria and a 1992 Honda Accord Sedan. Since the parties' separation, the Ford has been exclusively used by Husband and the Honda by wife. Title to both vehicles is in Husband's name alone. Wife shall retain sole possession, use and ownership of the Honda, free of any claim of possession, use or ownership of Husband and Husband shall retain sole possession, use and ownership of the Ford, free of. any claim of possession, use or ownership of Wife. Husband agrees to execute and deliver the title to the Honda to Wife and execute any other documents prepared by Wife and at Wife's request necessary to transfer title to said vehicle to Wife. Husband shall be solely liable for any debt owed on the Ford and shall hold Wife harmless and indemnify her of and from any liability therefor. LAW Of,len SNELDAKER 8t BRENNEMAN -6- , 6. DIVISION OF LIABILITIES. Husband agrees to be solely responsible for the parties' marital debt, which debt consists or consisted of loans made to the parties by Phyliss C. Mengle and Robert H. Mengle and the mortgage on the marital residence. Husband agrees to hold Wife harmless and indemnify her of and from any liability therefor. 7. FUTURE OBLIGATIONS. The parties agree that any and all obligations incurred subsequent to October B, 1994, shall be the sole and separate liability and responsibility of the party incurring the obligation and each party agrees that he/she will not incur or attempt to incur any obligations for or on behalf of the other party and will indemnify and hold harmless the other party of and from any and all liability arising from such future obligation. LAW O"ICU SNELBAKEA a BRENNEMAN B. CUSTODY AND SUPPORT. The matter of the parties' custody of their minor children has been determined through a custody proceeding initiated by Wife and docketed to No. 95-156 civil Term, in the Court of Common Pleas of Cumberland County, Pennsylvania. The matter of Husband's child support obligation has been determined through support proceedings initiated by Wife and docketed to No. 1267 of 1994 (DR #23,434) in the Court of Common Pleas of Cumberland County, Pennsylvania, Domestic Relations section. -7- LAW O"ICU SNELBAtcER a BRENNEMAN Both parties agree that neither shall seek to modify the amount of child support paid under the present child support order for a period of one year after the effective date of this Agreement. Notwithstanding this provision, if either party is fired, terminated or laid-off from his or her employment, or, is unable to be employed due to injury or disability, then in such event, either party may seek to modify the present child support order within the aforementioned one year period. 9. 1995 STATE PERSONAL INCOME TAX REFUND. !rhe parties agree to complete and promptly execute all documents required by the Commonwealth of Pennsylvania for purposes of having reissued a check payable to the parties in the amount of $225.00, representing a refund of personal income tax for the tax year 1995. The parties agree that the proceeds of the reissued check shall be divided equally between them. 10. WIFE'S WITHDRAWAL OF PETITION FOR ALIMONY PENDENTE LITE, INTERIM COUNSEL FEES. COSTS AND EXPENSES AND FOR SPECIAL RELIEF. Wife agrees to withdraw by Praecipe the Petition filed with the Court in the Divorce Action on June 18, 1996 seeking alimony pendente lite, interim counsel fees, costs and expenses and for special relief. 11. COUNSEL FEES. Each party to this Post-Nuptial Agreement shall be responsible for paying his or her own counsel fees and related costs associated with the processing of the -8- LAW O"ICII SNELDAKER It SRENNEMAN Divorce Action and any proceeding related thereto as well as the negotiation, execution and consummation of the provisions of this Post-Nuptial Agreement. 12. PENSION. 401K, RETIREMENT PLANS. BENEFITS AND EMPLOYMENT BENEFITS. Each party waives and forever releases the other of and from any and all claims which either may have against any pension, 401K Plan, retirement plan or any other retirement plan, benefit or employee benefit or benefits of the other. 13. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE. Unless otherwise specifically provided herein, each party waives and forever releases the other party of and from any and all claims which either may have against the other for spousal support and for all claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other juriSdiction) inclUding, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 14. DIVORCE. The parties agree that their marriage shall be terminated on the basis that it is irretrievably broken and that as of October 8, 1996, they will have been living separate -9- ':~ ~ -, , , , '. .':' ~- "-:"--~~. ~..-- , ., ----" ---',.-" -.... .'. ; .,' .... LAW O"lcn SNILDAKtR It BRENNEMAN I.".. ,;.~. " and apart for a period of at least two years. wife agrees that she will not oppose the entry of a divorce decree based upon their marriage's irretrievable breakdown and the parties' two year separation by counter-Affidavit or otherwise. 15. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of Wife, and wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or'her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this Agreement. 16. SURVIVAL OF AGREEMENT. It is the intention of the parties that this post-Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by -10- ,.. LAW o'P1cn SNELDAKER a BntuNEMAU '. any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. 17. COOPERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post-Nuptial Agreement. 18. BREACH: INDEMNIFICATION. If either party hereto breaches any provision hereof, then the nonbreaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be responsible for payment of all reasonable legal fees and costs incurred by the other party in enforcing his or her rights under his Agreement. Each party agrees and covenants to indemnify and old harmless the other party from any and all liability and/or laims and/or damages and/or expenses (including attorneys' fees nd expenses of litigation) that the indemnitee may sustain or ay become liable or answerable in any way whatsoever, or shall upon, or in the consequence of, the indemnitor's breach of -11- '. ,,'" 4L...,..........',.',. ". " ._^......... . _.'W~____l" .,' any obligation, term or covenant of indemnitor under this Agreement, including, but not limited to, indemnitor's obligation to make any payment provided for herein. 19. VOLUNTARY EXECUTION. The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect fully explained to them by independent counsel of their choosing and each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them. 20. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains he entire understanding of the parties and there are no epresentations, warranties, covenants or undertakings other than hose expressly set forth herein. The parties acknowledge and gree that the provisions of this Agreement with respect to the istribution and division of marital and separate property are air, equitable and satisfactory to them based on the length of heir marriage and other relevant factors which have been taken nto consideration by the parties. Both parties hereby accept LAW O'I"IC"I SNELBAKER a SREUNEMAN -12- " the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the'other for equitable distribution of their property by any court of competent jurisdiction pursuant to the Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a wa~ver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 21. WAIVER. The waiver of any term, conditions, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. 22. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the commonwealth of Pennsylvania. LAW 0"11.:1::' SNELBAKER a BRENNEMAN 23. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been used only for the purpose of convenience and shall not be resorted to for the purposes of interprotation or construction of the text of this Agreement. -13- -...-.........- 24. ~FFECTIVE DATE. This Agreement shall be dated and beCome effective on the date when executed by the latter of the two parties. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals intending to legally bind themselves and their respective heirs, personal representatives and assigns. WITNESSED BY: '~\,\,\..;Lr I'll () ".,~/., (SEAL) David q. Mengle ../- Date: //'-'j"'-i'1: ;U., 1'1'((; J(~~1t~e~SEAL) Date:8/~IJqrp ,'\ "'7~ \, ,.-1'........,r k: (' .' ,..-- I ' LAW o,P1cEa SHEL8AKER III BRENNEMAN -14- , , ! ',! COMMONWEALTH OF PENNSYLVANIA I i I I I I. : SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, thi~ day of 1996 a Notary Public, in and for the Commonwealth of Pennsylvania and County 0 umberland, ELIZABETH W. MENGLE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Post-Nuptial Agreement, and acknowledges that she executed the same for the purposes therein contained, IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Not.rolI SoaI Bel2l A. t.Iclrmon. NotIIy PLb'Io CartM Bonl, ClIrbe<tInd CaI1IY I.ti Cormi3IsIon ExIiro& Dee. 15, 1996 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: PERSONALLY APPEARED BEFORE ME, this ()./1I1t1day of tlatud 1996, a Notary Publlc,ln and for the Commonwealth of Pennsylvania and County of Cumberland, DAVID C. MENGLE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Post-Nuptial Agreement, and acknowledges that he executed the same for the purposes therein contained, IN WITNESS WHEREOF, I have hereunto set my hand and official seal, <9'.ut~4) 9, .::P~..J Not3nal Sonl Pntr1aA J, Thomson, Notary PubI10 MBcnaRlcsbUrg Dora, Cumbo~nnd Coumy My Commission e,p".s Doc, 31. '900 "f""T'N""lt.ll')'tt:"".I",;:j(,r~'tl:l~J"",,..t' .' -""" .. ..' '. ,. '. -.- -.. Sheetl 1# DESCRIPTION OF PROPERTY MARITAL BETH DAVID NOTES , A APPUANCES: . 1 air conditioner x d 2 baoel toaster x b 3 blender x b 4 can oooner - b x 5 chest freezer x d 6 coffee arlnder x d 7 coffee maker x b' 8 crock DOt x b 9 drver x d 10 electrlo knlre x d 11 electrlo frvlno oan do not have 12 food procassor x d 13 Ice tea maker x b 14 Iron With board x b 15 microwave x b 16 mixer: counter too fixed x d 17 mixer. DOrlable x b 18 refrloerelor. almond x d 19 rerrlaerator. white x b 20 salad shooter x b 21 vacuum claaner (lor 21 x b 22 washer x d 23 waffle maker x b 24 IVDOurt maker x d B BEDS. BEDROOM FURNITURE & BEDDING 25 bed comforters x split sollt 26 bed sheets. full x d 27 bed sheets. Queen x b 28 bed sheels . tWin x split sollt 29 bed spread. white (aunl 5Iella's) d 30 chest of drewers . chenv d 31 chest of drewers . small blue x d 32 full size mallress & box sDrlnn x d 33 full size oak bed & dresser d 34 Leister's Dine bedroom set: x b cannonbelrQueen bed lona dresser hlah chest or drawers bedside tables (2) lama wall mirror mallress & box sDrlno 35 oueen Dine bed b . - x 38 Queen mellress & box sorlno x 'b 37t win bed & dresser 'b 38 tWin bed freme x d tWin mattress & box sDrlno . 39 x d Page t EXHIBIT A " ! ' I I I t i: I I I. I,: Sheet 1 # DESCRIPTION OF PROPERTY MARITAL BETH DAVID , C CHAIRS I 40 bar stools. oak (51 x d 41 bar stools. swlvel 12\ x d 42 deacon's bench. black x d 43 folding-chairs -lIreen (4) x d 44 foot stool. oreen x d 45 rocker. oak x b 48 rocker - black child's x b 47 sofa x d 48 wtnll back uoholster. rose d " x 49 wtno back upholster. brown x b wooden chairs: 50 1n6 black thumb back (2) x d 51 ladder back cane-(2) x b 52 stained thumb back 121 x b 53 WIndsor chaIr .SU' x b lulano bench x b C CHILDREN'S FURNITURE 54 PA Dutch set. wood w/ decal x b ann chaIr foot stool rocker tov box 55 Ilems David made children d barn doll house easel tool bench 0 ELECTRONICS & ENTERTAINMENT 58 AMlFM Cass oortable svstem x b 57 answerinll machine x b 58 camcorder x d 59 computer x d 60 Nlntendo & lIames x d 61 TV .lIvlno room x b 62 TV . does not work 63 TV. Ben's room x d 64 TV. Cere's room SONY x d 65 teleohone . wall or desk - oreen x b teleohone . desk - while/almond '.. 66 x d 67 VCR - b x comouter. Commodore 64 b -' x I I I r Page 2 " , I, I I I I I I " Sheel1 /I DESCRIPTION OF PROPERTY lMARITAL BETH DAVID , E FURNITURE & DECORATIVE ITEMS , 68 baskels X solll solll spill 69 blankel chesl b 70 book shelf ICera's rooml . b x 71 candlesllck holders-brass 2 sels x solll 5011I spill 72 candlestick holders wall-brass x b 73 candlesllck.pewter w/ olobes sel x d 74 candlestlck.DOWler wall slnole x b 75 camohor-wood chest b 76 holiday decorations: x solll solll 50111 79 comer cuoboard . oak b 60 cuckoo clock x b 61 end tables. oak .set x d 62 knick knack shelf. olne (2) x 1>-1 d-1 83 knick knack shelf. white x b 64 mllTOr w/ coat hooks x b 65 photographs x ,,~III 5011I spill 86 piano b x .. - 87 prlnls & pictures: x 50111 solll split 86 orlnt. "Banlamln" b 90 PrInt- antelope d 91 Quill rack. olne x d 92 lreaulator wall clock x d 93 rugS, oriental (3) b 94 sheMno stand. oak looen) x b 95 TV trays w/ stand x d 116 lea serving tray-stertlng sliver b oak lama table d craft Items x b Precious Moments X - b F HOBBIES & RECREATIONAL 97 10 soeed bike. men' x d 98 10 speed bike - women's' x b 99 boat chair cushion x d 100 nshlnn rods (2) x d 101 nshlng tackle boxes (2) d 102 names. adull x 5011I solll split 103 names. children x i Siilll SOiII spill , , 104 nullar & stand x d 105 20 Go over/under shotgun d 106 22 rifle - d - 107 30-06 Dump rifle d 108 50 Cal fIInllock rifle - d 109 BB nun - d - Page 3 " " " Sheel1 " DESCRIPTION OF PROPERTY MARITAL BETH DAVID , 110 laun cablnel d . 111 aun cases /21 d 112 needlework Ilems x b 113 Nardlc Track x b 114 sDeed baa slallon x d 0 KITCHEN ITEMS cake Dans - b 115 x 116 canister sel x b 117 canner" cannlna lars x d - 116 cheese servlna board/dish x 'l1. rI 119 Chrlstmas dlnneJWare x b 120 cookie sheels x sollt sollt sollt 121 coollna racks x b 122 counterloP saver x b 123 cuttlna boards x d 124 na\Ware/dlnneJWare x sollt solll solll 125 fondue sel x b G~5SE5: 126 blue set w/"M' x d 127 branllv w/leaded vase x b 128 coffee mUllS 1Bi:i x b .t 129 coffee muas . Christmas x b 130 crystal wine alobes set x b 131 knives x spill solll sollt 132 microwave cookware x b 133 Pfaltzoraff Herllaae olaco seUlnas x solll 50111 SPill 134 Pfaltzllraff Herllalle servlno dlshe! x spill SPill sollt 135 0015 " pans - club aluminum x d 138 Dots" Dans - Revere x b 137 DOts " Dans - all olhers x solll SPill sollt 138 DIlnch bowl " lllasses x b 139 roastlna pan - laroe x d 140 roasllnll Dan. small x b 141 servlna-trav sel- bamboo x b 142 servlna lrav - wood sino Ie x d 143 servlnlllravs . mise, x spill sPlit SPill 144 lable clolhs x spill solll sPlit 145 lea lowels " DOl holders x spill SPill solll 148 Ihennos1ulls x d 147 TuoDeJWare conlalners x sPlit solll sPlit - - .. ..' Page 4 . " " Sheel1 1/ DESCRIPTION OF PROPERTY MARITAL BETH DAVID . H LAMPS , 148 antiQue lable sel. blue x b 149 noor lamp. blue x d 150 living room lable sel (2) x b 151 IIvlnn room lable brass x d 152 plana lamp x b 153 Quelzallamps x b 154 rose desk lamp x d I PATIO FURNITURE 155 caDlaln chairs (3 or 4 sels) x split SPill sPlit 158 melal chairs wI cushions x b 157 melallables. small (21 x b 158 melal hIgh back chairs wI cushion x d 159 rod Iron chair. swivel x b 160 rod Iron 2 seal chair x b 161 wood folding chairs wI cushlons-2 x b 162 wood fold Inn chaIrs blua canvas-2 x b 163 wood pew bench x d J TABLE & DESK 164 child wood leble x b 165 computer desk x d 166 dining drop leaf lable x d 167 kitchen Fonnlca lable x b 168 picnic lable x d 169 Queen Ann desk b 170 spindle desk b 171 wfcker desk & chair x b K TOOLS,GARDEN,GENERAL HOME ITEMS 172 ash buckel x d 173 bathroom scale x b 174 fens x \),2 d-1 175 fire extlnnulshers x spill solll spill , 176 fire ladder x d 177 gelden lools x spill spill spill Pogo 5 '" " , N Sheel1 tI DESCRIPTION OF PROPERTY MARITAL BETH DAVID , 178 umoer cables x 1>-1 d-1 . 179 oalntlna suoDlles x sDIII sollt solll 180 steD ladder x b 181 suitcases x 1>-11 bl d-dk bl 182 tool box d 183 lools alven to David d 184 tools not olven to David x d 185 trash cans 131 x d 188 trunk. footlocker x b 187 utllllv shelvlna - metel x d 188 uti Illy shelvlnci . rod Iron x d 189 weed eater x b 190 wheelbarrow - areen x b 191 wheelbarrow - vellow d 192 wfra fence x d 193 wood sDllltlna maul x d 194 workbenches (2) x d horse hitch b antlaue wheel barrow b tlra mafe b L PERSONAL & FAMILY ITEMS 195 binoculars f21 d 196 children's books solll sollt (~ children's clothes x sollt sollt soUr-- _ - ~ ,,,\ ewelfY - , tieth ,u 199 ewelrv. Beth b 200 ewelr\l- David d ,201 loersonal books-rellalous & hlstorv d ,202 wfne Inliienaok '83, '85, '87 x d , ' ' TUGGER b , ' STORAGE/CRAWL SPACE ITEMS HAVE NOT BEEN DECIDED ON> :' NOTE: ITEMS MARKED "X" ,.' , ADDED A1F 12/15/95 . , . . I aoree to the followfna distribution of marital orooertv as Indlcaled on this Invenlorv IIstlno. Items which are marked "solll" will ba divided when both Bath and David have reviewed and soreed to breakdown of disbursement. Anv Item not listed on this Inventorv wfll be dealt wllh belween Beth and David as such Items become known or available. lex. Items In crawl S[ acas,l . . ), 1/ :HI ~ Elizabeth W, Menlile -v' Dale , T --..... /1 /J f11 /II \ .J.-t,d./ I ,II I ~ rC7-rr. David C, Menale ./ Dale I I I Note: Each oerson has a slilned conv. Duollcales made, sloned and dlslrlbuted 10 sliiners, Page 6 . U> 0' (.':> n ~ N U> c ,~ :;<.' ~(" t~\ .4 J .,.,.- '-i"-' ~..~.' ~l:.' ..';r. ~c.~. 7c:.. -" ~ . ,. ~; 0) ., q. ..j ~~i ~~ .--1 C) .., ell ....' ?i . - Ul .' l._: . . , I.' I I, " LAW O",.ICI:. SNELOAKER III BRENNEMAN DAVID C. MENGLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-568 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE v. ELIZABETH W. MENGLE, Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the fOllowing information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section JJ01(d)(1) of the Divorce Code. 2. Date and manner of service of Complaint: certified mail, restricted delivery received February 6, 1995 (see Affidavit of Service filed herein). J. Date of execution of Plaintiff's Affidavit required by section JJ01(d) of the Divorce Code: october 8, 1996; date of service of Plaintiff's Affidavit upon the Defendant: October 8, , 1996. '~. Related pending claims: None. '5. Date and manner of service of the Notice of intention to file praecipe to transmit record, a copy of which is attached: October 8, 1996, by first class mail, postage prepaid, to Defendant's counsel, Rebecca R. Hughes. SNELBAKER & BRENNEMAN, P.C. Date: OClob~1' 29, 1996 By: Ji(1~ Keith O. Brenneman 44 W. Main Street Mechanicsburg, PA 17055 Attorneys for Plaintiff David C. Mengle I ! I 0 1.0 0 C:. c;" -n ;:.. '~ 'T! ill fi,' ;-) If Y -I ~~ ~~~' ,.., ~: coO .:~) t:=" ;i!::l -, ~~t "li': ~-''' c: :J: u~ .::( ; c:? 251 . ~'(: :;::j :-.:/ ~ '<' <.II LAW O"ICIU SNELDAKER a BRENNEMAN DAVID C. MENGLE, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. 95-568 CIVIL TERM . . . ELIZABE!rH W. MENGLE, . CIVIL ACTION - LAW . Defendant . IN DIVORCE . NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE TO: Elizabeth W. Mengle, Defendant AND Rebecca R. Hughes, Esquire 60 W. pomfret Street carlisle, PA 17013 David c. Mengle, plaintiff, intends to file with the Court the attached Praecipe to Transmit Record on or after October 29, 1996, requesting that a final decree in divorce be entered. SNELBAKER & BRENNEMAN, P. C. By: ~6t~ Keith o. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff David C. Mengle Date: October 8, 1996 .' . DAVID C. MENGLE, plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 95-56B CIVIL TERM . . ELIZABETH W. MENGLE, Defendant : CIVIL ACTION - LAW IN DIVORCE PRAECIPE'TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(d) (1) of the Divorce Code. 2. Date and manner of service of Complaint: certified mail, restricted delivery received February 6, 1995 (see Affidavit of service filed herein). 3. Date of execution of Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: october B, 1996; date of s~ice of Plaintiff's Affidavit upon the Defendant: october 8, 1996. 4. Related pending claims: None. 5. Date and manner of service of the Notice of intention to file praecipe to transmit record, a copy of which is attached: October 8, 1996, by first class mail, postage prepaid, to Defendant's counsel, Rebecca R. Hughes. "' i' f Date: SNELBAKER & BRENNEMAN, P.C. By: ~~~ Keith O. Brenneman 44 W. Main street Mechanicsburg, PA 17055 Attorneys for plaintiff David C. Mengle LAW omen 8NIUAKIR III SRINNIMAN , ~ -' . . " ' '-',. . ' . ,~..,. . "4~~' -, -,---- , , ' '. -- ",-. . . . CERTIFICATE OF SERVICE I, KEITH o. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Notice of Intention to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Rebecca R. Hughes, Esquire 60 West Pomfret Street carlisle, PA 17013-3222 " rt&~ Keith O. Brenneman, Esquire SNELBAKER & BRENNEMAN, P. c. 44 West Main street P. o. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff David c. Mengle i' i)! ,.i., , ~ ,. - , ' t.; . . Date: October 8, 1996 lAW O"ICU SNILDAleER 81 BRENN'MAN n _0 0 b u. ." <":) ,...~ (Be C') L' : -i rj:1J , :?~ ;~ t.~ N l/1. '.0 0 ~l- ~ ~. ..... ' ~;(", d~ - .? :Cr' W U ~;. -I ~~ :"J U1 ~ -, '\ 'I -~-. .'~-';'~~;~' "", . --- ---'-'-"- -. ;, { 1 ~ l 1 j , l , 1 , 1 1 ,n (.<. .. ,.----- '1;- ~ '~ , 0 'I-t-':> ~ H ~ ~ .--J '- " ' (L ~"I :1\ 1.1 I q"J u- '-, Ul \..- ~ ..... ~ , ~~ III ~iJ ~ t III .." ~' lJ 15 i t9 ~ .~ oS ... ~~ ~ ~ ~ , a ,71"" r-l i" ~ ~ Po. '. ~ ~cJ~ ~" g I- ~ ~ ~8<li~~ :> ... a ~ S a.. 2 . !I$~ ~ ..,: ~h ~"o .... ~ 0 e l>! ~ ~ . ~ ::> ~ ~~ tJ ~ < ~ '" . " rJ ~ ~ tQ < - ~tJg ~ ~ ~ . " . vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9 S" - 5'G, S' (!r.;'~L ...TM""~ CIVIL ACTION - LAW IN DIVORCE DAVID C. MENGLE, Plaintiff ELIZABETH W. MENGLE, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require ou and your spouse to attend marriage counseling prior to a ivorce decree being handed down by the court. A list of arriage counselors is available in the Office of the rothonotary at the Cumberland county court House, Carlisle. You re advised that this list is kept as a convenience to you and ou are not bound to choose a counselor from the list. All ecessary arrangements and the cost of counseling sessions are to e borne by you and your spouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF ROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT S GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU o NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FFICE SET FORTH BELOW WHERE YOU CAN GET LEGAL HELP. Court Administrator One Courthouse square Carlisle, Pennsylvania 17013-3387 (717) 240-6285 LAW O"ICU SNELOAKER A BRENNEMAN BRENNEMAN, P.C. By ~ At orneys for PIa nt ff DAVID C. MENGLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. ELIZABETH W. MENGLE, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT COUNT I - DIVORCE 1. Plaintiff David C. Mengle is an adult individual residing at 92 Skyline Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Elizabeth W. Mengle is an adult individual residing at 84 Skyline Drive, Mechanicsburg, Cumberland county, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on December 27, 1980 in carlisle, Cumberland county, Pennsylvania. LAW O"'ICU SNELDAKER n BReNNEMAN 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in paragraph 4, above. LAW O,nCE. SNELDAKER n SREtltlEMAN 6. Neither party is a member of the armed forces of the united states of America. 7. The plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 8. The 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. 9. The plaintiff requests this Court to enter a decree of divorce. COUNT II - EOUITABLE DIVISION OF PROPERTY 10. The plaintiff and Defendant have legally and beneficially acquired property both real and personal during their marriage from December 27, 1980. 11. The plaintiff requests this court to equitably divide all marital property pursuant to Section 3502 of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff prays prays your Honorable court to: (a) enter a decree of divorce, divorcing the plaintiff from the bonds of matrimony heretofore existing between the plaintiff and the Defendant; (b) order equitable distribution of marital property; -2- BRENNEMAN, P.C. ~.I;.l I (0) order such other relief as the Court deems just and reasonable. Date: 2- ff'l1~c.(.Atnj l'7ctS By: Ke 44 West Main street Meohanicsburg, PA 17055-0318 Telephone: 717-697-8528 Attorneys for plaintiff LAW C"ICUI SNELDAKER . BRENNEMAN -3- LAW o,rac.u SNELDAKER . BRENNEMAN YERIFICATION 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. 5 4904 relating to unsworn falsification to authorities. 'D ,~"j ~, J}\,.(,{,/; Dav d C. Mengle Date: 2 fUo1.l<t.~ I''> S' I: .! DAVID C. MENGLE, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ELIZABETH W. MENGLE, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT DAVID C. MENGLE, being duly sworn according to law, deposes and says: 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 Office of the Prothonotary, which list is available to me upon request. J. Being so advised, I do NOT request that the court equire my spouse and I participate in counseling prior to a ivorce decree being handed down by the court. I understand that false statements herein are made subject o the penalties of 18 Pa. C.S. S 4904 relating to unsworn alsification to authorities. LAW O"ICU SNELQAKER . BRENUEMAN ':D,~,,-I r. m c<~/~ David C. ngle (Plaintiff) ate: 2. fu~~ I'i'1S UW O'lICU SNELDAKER 6 BRENNEMAN DAVID C. MENGLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-568 civil Term vs. ELIZABETH W. MENGLE, Defendant CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of Snelbaker & Brenneman, P. C., being the attorneys for David C. Mengle, the Plaintiff in the above captioned action in divorce; that on February 3, 1995, he did send to Defendant Elizabeth W. Mengle by certified mail, return receipt requested, restricted delivery, a duly certified copy of the complaint in Divorce which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. Z 115 697 269; that both the Complaint and cover letter were duly received by Elizabeth W. Mengle, the Defendant herein, as evidenced by the return receipt card for said certified mail dated February 6, 1995; that a copy of the aforementioned cover letter dated February 3, 1995 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for certified Mail and the Domestic Return Receipt are attached hereto and incorporated by reference herein as "Exhibit B"; and that the foregoing facts are true and correct to the best of his knowledge, information and belief. ~ Sworn to and sUbscribed before me this 24th day of February, 1995. ~"'7k " \ '-1'1la'hl) 9,;J~ Notarial Sual Patricia J, Thomson, Notary Publlo Mechanlcsburg Born. Cumborland County My Commission E,p1ros Dee, 31. 1998 MorriJor,I'ornsyMrja AsoodaIIon 01 Notlries LAW a"ICES SNELDAKEA a BRENNEMAN ,. r. , . 1, SNELBAKER. -S BR.ENNEMAN - , ^ PJIlOre.s.stOtlAL COAPOMnON ^TTORNEYS ^T lAW 44 WDT MAIN sTJUET MEC~IC5BUR.C, PENNSnVANlA 17055 PJcHARD c. 5NEl.MKfA IWI1i 0, IIlENNEMN-I PHIUP Ii. 5PAAE 717.eg7'8~:Z8 p, 0, lOX 318 FACIMILE l7I7l 897-7881 February 3, 1995 Elizabeth w. Mengle 84 skyline Drive Mechanicsburg, PA 17055 Re: Mengle v. Mengle No. 95-568 civil Term, Cumberland county Divorce Dear Mrs. Mengle: Enclosed please find a certified copy of the Complaint in Divorce that was filed February 2, 1995. , Yours' tr>1Y' HZ (Y/r-tet-t4L Keith O. Brenneman KOB/sz Enclosure Via certified Mail, Restricted Delivery, Return Receipt Requested, Parcel No. Z 115 697 269 cc: David C. Mengle (w/enclosure) ElOIIDl'J' A , , Z 115 697 269 .......e-.. Receipt for X"" Certified Mall _ No Insurance Covcrogo Providod ''':ll'''.'I\ Do not uso for l"tomDtlonal Mall ......... ISoo Ruvorsol '."Elizabeth W. Mengle '''''af'skyline Drive PA 170~~. "0 . :)1 tu 1I""/IV rll~h' Mcc'namcsourg PIl".lJ" $ 5, Cel!"...1dln 1.10 SI}tt(...lJtolr~",W h... fl".l"CI,d U.1I,lIt'/' r," 2.75 1.10 'v ,.> s::! Rlllllln tl,u:'pl SIlu...",o en 10 Whom a 0." o.1""I.d - 11 ~ Q o CD M E of l/l a. ..5'~ LAW OF?'lcn SNELBAKER " BRENNEMAN [)I~;;;~~~.i~j~~;;f;r~i;,jr.;~;]j~(i;tj, 1o:;~~~:Q~~~~;~.ri~!~i~i,~~', t';J;?~:::~!~4i'~'~4;4~~~f~~~~1;~ti~r:'~;~:>~:id?~~~~il~~i#;; , I f:l!l \~"w:i!;."::;~~~I..~~.~t";'U;:in~~b.;k>W'Iht,' '~~it'';';;''~, '.' 2)'* R~;irl.;f;dD;M&;~'il~ I ''''':#_:'..,Then,wmRtcefIltwllthowto'whomUw.rtldtw.uftlfvtrtdandlhtut. - { ..t - ~....... '" ~ _, -''1 ,1. l,kg'd'llvored,'.,6'"""e"""'''''> ."",' H ,. ",' " 'Conlult Ilmaltlr for I..r", ,I, ( ! '1'1 3,' ;"AtdclaA~dr~ll.d to:),1I,',::,'; , ,"..' " 41" Artlcla Number ': U["~ ~ "";""~11";\C~'liJr I' ';'"ELiiAB:imi~W'Mm~";-';"" '" ...'i>, ',' Z ,115 697 '269Ar(,ii;:,<l,~J':j.ltf t::;:j:<., ~ ." - ,.,' '1 ,~-" - ):n~::. ;,: :~;a.~;' 4b. Service Type ~~ -''J\, r;t_'-:'<~' '~5. -!'~:1 ' .~ ",6 'I,H4,SKYLINE D ,',', 'L ,tl1S 0 RogIII~,,!dr.\.o,!nlur_td'::'[f_~:i;,':.;""'l I'; :;,~~~~:,P~ 17.0~~~,;~,~' ~ ~:~~~~I(ig'~~~ij~~c~I~~'I~~~ll n~ '. <; ,'. . '\'e'" ;;" 7:'?~:t611:.f!";(;;'l ~:tir\;\:\\i";i')~U ), 6, 5lgnalu. 8',~~tl~"f:~a~~dr~I:"c,tO~I;'!~mrt~~~1J11 8, Signature lAglnll . ' , I j! J' 'I' I! , ' , ',' "",~ ;,lpsFor~r ....'~:~.mber 1991 OUAOoOQ'___11:" DOM~S~~iR~U~NRE~E;~tf1 L. EXHIBIT D , ' . ' i: Ii Ii: I' I , , I' I ~ q~',l '" '1 ",-., '0- :!. : ~ -:", ','f- ".,' ~.\~.;'::.. :.~ql''';'''' '-.' \~.~::. '.:7 ~:lfl ..~ ,'- -,,~ ~ c: ~ tD /'oJ o >.,- :;.:;: r.O '-'i / , f/ I ! i , I ~ L , , -, .-,....,.~. .<c-....':)"... . C.I'" ~ v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, NO. 95-568 CIVIL TERM DAVID C. MENGLE, Plaintiff ELIZABETH W. MENGLE, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE Elizabeth W. Mengle, Defendant c! ,.-, r..n ~., . "-1 I ':;J TO: ~) .1 - ~ ..- .. ,"I '''''1 ,lr" "1111 ,'<;:J ~'-)() ,J", . -u : !?) ;"nl ..> ;-.t :'1] ." -, !;!; AND .:,:;1, Rebecca R. Hughes, Esquire 60 W. Pomfret street Carlisle, PA 17013 ~..: i ,'.: ::;.~ ~J\ .oJ David C. Mengle, Plaintiff, intends to file with the Court the attached Praecipe to Transmit Record on or after October 29, 1996, requesting that a final decree in divorce be entered. SNELBAKER & BRENNEMAN, P. C. By: ~&~ Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff David C. Mengle Date: october 8, 1996 LAW O',ICIU SNELDAKER a BRENNEMAN LAW OFFICU SNELDAtcER a BRENNEMAN ~ I' .. DAVID C. MENGLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-568 CIVIL TERM CIVIL ACTION - LAW : IN DIVORCE . . v. ELIZABETH W. MENGLE, Defendant PRAECIPE TO TRANSMIT RECORD !rO THE PROTHONOTARY: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(d) (1) of the Divorce Code. 2. Date and manner of service of complaint: certified mail, restricted delivery received February 6, 1995 (see Affidavit of Service filed herein). 3. Date of execution of Plaintiff's Affidavit, required by Section 3301(d) of the Divorce Code: October 8, 1996; date of service of plaintiff'S Affidavit upon the Defendant: October 8, 1996. 4. Related pending claims: None. 5. Date and manner of service of the Notice of intention to file praecipe to transmit record, a copy of which is attached: october 8, 1996, by first class mail, postage prepaid, to Defendant's counsel, Rebecca R. Hughes. SNELBAKER & BRENNEMAN, P.C. Date: By: ~~~ Keith O. Brenneman 44 W. Main Street Mechanicsburg, PA 17055 Attorneys for plaintiff David C. Mengle .. I I . CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Notice of Intention to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Rebecca R. Hughes, Esquire 60 West Pomfret Street Carlisle, PA 17013-3222 ~&~ Keith O. Brenneman, Esquire SNELBAKER & BRENNEMAN, P. C. 44 West Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff David C. Mengle Date: october 8, 1996 LAw OffiCE:_ SNELDAKER a BRENNEMAN ,. . . -" .... n'~l lr-, 'J.: LJ~ 1,- .. :3~ c. -- lI.1...- - 0-' \'" ' ':'-.. -. -..~ 9( : '~.l , ' c:".J .- ~-1L. '/~ I ~ ; LJ~t.: < I'" "':1 , (.,,-; ;~ <...: " 1,;;'" (J ... , ',J ; '. I \ .. ~ . . .. DAVID C. MENGLE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-56B CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ELIZABETH W. MENGLE, Defendant NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301ldl OF THE DIVORCE CODE 1. The parties to this action separated on October B, 1994 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievable 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 unuerstand that false statements herein are made subject to the penalties of IB Pa. C.S. 54904 relating to unsworn falsification to authorities. '"';--., ( \ ) c.u..t..../ (I nJ c(_~;: Dav d CO! Mengle LAW o""lcn SNELDAKER & BRENNEMAN Date: October B, 1996 ~ - LAW O'''cu StHtLIJAKEn & BnCNNEMAN , \1 .. I I . CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused e true and correct copy of the foregoing Notice and Affidavit Under Section 3301(d) to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Rebecca R. Hughes, Esquire 60 West Pomfret Street Carlisle, PA 17013-3222 14.6ttvuuw- Keith O. Brenneman, Esquire SNELBAKER & BRENNEMAN, P. C. 44 West Main Street P. o. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff David C. Mangle Date: October 8, 1996 ~ ~ " :"( , " , I'! i i r' c- ,."? ~. ') , ;l " -.-,. " I r. , ,"') ,,,1 ,,::'! I . ~ ~~ , c:.-) ~: : ;:_': .!~? ...,1 , . !(::oj .. i1n .::., ::1 :',j '-1 ", ~ '11' II " " " H"" il, - , ,"'" ,\\ ~-'~' - , iu" ~'.', 'Wi ,", I!{'" "";-. OC"I' ,< ~\,L'" !,. 'r : ~; 'f' ; ,'. f- :,.';i;'- if'/'/;~ '~i;\: {;6~:' ':'(~~5t' ,,- '~,A",(::~':{;,:' ' ".l'i'{,",:;;i ~'~ "!';" ..1"""'\ ;";,,; ,"i, .. ',. I" .' .,1.;1" _ ,; a ~);:~ :-l;~ ",~',lJ t'I;') \'\" '11.1 t.:1 .t. l'1: . ) U , n', ' . -......; ,.' ,.'~',. .',:' ,'~';',:, ,'", ,"., .......'1.",' .....', ':-..9 ' ',.' " , , .' Jf r,; ~ ~\ ~~l:l: Jt;<lf' ( jl.. IC! (rln , tt;\U 'I:', tJ J~' (', ':J ",""f- ,'. " ;. . i.." ", ;'" ~-, ~ '.!.\~ ,,"l'; l'-:'.,I~: ., \,...,,'.>:~'.)\,~ , ",i:i~~.,;::~ " ,:;.,:::_~:!J.:~~ .'. .' ','. 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'$ " [. ;;-:~ ". , 1 ~l:t '~' ~i ',:- t, ' . j", q ; ',I '. ::~~;8 . ~':~:';:,,:,;,;;:; ; . ,.,~Ei!'l" 'h 'j ,', '< '.~ It ':,,' .' '~ , ' '" ',\ " '" !uu 'E ~ ~ ~Im &UU 't: ". '.. !_J.' " ~ \,., :,' 'I' ,.. 'I, .'.- ';':: ;'. .:\ ~, >.; li,:,.-, " ..... , ~\ ;.' ~.-, , '."1" .<i:/ ' "-"', : t ~h !'.', ", " , " , .',' " ~ " " " ;'-,' -i-, , ,', , ".' ,: " -;" :,:;, ;'. i,';' .,; i, " ". ", " '. , " . 'I .OJ' ..' " , ' " ",: , ," . ~ ; " ".:" ", " 'I " ,', '. :~' 1 ~ I' ,.,'-., ... ,'. JAW ,.1 I HI:I .. ,J!;(J(I'. "~It', r.,........ _ /l",:/It,/ ,t' ,-.\.," d -1('(1.,/':-" . j. f) J '~Jlt.' I' I~[j)' " ~ ..~ ..,' 1;.:>''1.....:il(,''''ij,J[~\ , ,., v. NO. 95-568 CIVIL TERM CIVIL ACTION - LAW ", DAVID C. MENGLE, PlalntllT/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH W. MENGLE, PelltlonerlDefendant IN DIVORCE ORDER OF COURT 'fV1,. AND NOW, this dD day of ~1996. a hearing on the attached Petition for Alimony Pendente Lite, Interim Counsel .fe~s and Expenses, and Special Relief is set for the .;201 h'~ay of ~996, at /' 3Gb'c1ock, -f M, in Courtroom # S of the Cumberland County Courthouse, Carlisle, Pennsylvania, Judge x. .. . \. I I I I i , i i , i (' I ~ . , i L I , . \:',' 'I'" ":' \",':1 ,I ~~, \. ,\f...I,I".1:.1 II' \,.....,.., .."' ~ ," ,--1"","'\'\" ,....:..,'..., .'i.... ,..".,., ..) ii \ :\: \\j O'~ \,~\\\ <)'0 )\i,"""'..J1" .,:\ ,,-IJ. ~I) \1.:. ,1.....11 I..... ,. - :l'J\:!~O.a!\\;\ , !, ", DAVID C. MENGLE, PJalntilT/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-568 CIVIL TERM CIVIL ACfION - LAW ELIZABETH W. MENGLE, Petltloner/Derendant IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE. INTERIM COUNSEL FEES. COSTS AND EXPENSES AND FOR SPECIAL RELIEF AND NOW, comes the petitioner, Elizabeth W, Mengle, by and through her attorneys, IRWIN, McKNIGHT & HUGHES, and files this Petition for Alimony Pendente Lite, Interim Counsel Fees, Costs and Expenses, and for Special Reliefand in support thereof avers as follows: COUNT I ALIMONY PENDENTE LITE I. Petitioner herein is Elizabeth W, Mengle who currently resides at 27 Dewalt Drive, Mechanicsburg, Cumberland County, Pennsylvania, 2, Respondent herein is David C. Mengle who currently resides at 92 Skyline Drive, Mechanicsburg, Cumberland County, Pennsylvania . 3, On or about February 2, 1995. the respondent tiled a Complaint in Divorce against the petitioner to the above-captioned tenn and number, 4, Petitioner has retained the linn the IRWIN. McKNIGHT & HUGHES to represent her in this action, Petitioner has incurred and will continue to incur substantial attorney's fees in connection with this litigation, 5, The petitioner is currently employed with the Cumberland Valley School District as a teacher, and has been employed with Cumberland Valley School District since January. 1996, 6. I N The petitioner was guaranteed a job through the spring of 1996. and has not received a position for employment for the 1996-1997 school year. 7, The respondent is currently employed by John R, Lyman Company as a sales person. Respondent's average gross monthly income is $3,100,00. 8, Respondent has failed to and refused to support petitioner adequately since the parties separation. 3 . - WHEREFORE, petitioner prays your honorable Court to direct respondent to pay petitioner alimony pendente lite, interim counsel fees and expenses. COUNT II SPECIAL RELIEF 9. The avennents of paragraph one (1) through eight (8) inclusive, are made a part hereof and incorporated herein by reference, 10. On or about October, 1994, respondent left the petitioner and their three (3) minor chUdren in the marital residence located at 84 Skyline Drive. 11. Respondent moved into his parents home and has been living with his parents since that date, 12. Since the date of separation, respondent and petitioner have attempted to reach an agreement so to allow the respondent to keep the marital property as his sole property. Attached as Exhibit "A" are copies of letters in an attempt to reach a buy-out price for respondent to purchase home solely from petitioner, 4 . 13. On or about February, 1996, the petitioner moved out of the marital residence and into a new residence. 14, Since the date of separation and through the present, Petitioner has paid one. half of the marital mortgage and associated maintenance costs, 15, Respondent continues to live with his parents, and to date refuses to list the home for sale or to assume residency in the home and take responsibility for the expenses associated with the marital home, 16, The petitioner can no longer afford to pay one-half (1/2) of the marital mortgage as well as the mortgage on her new property, " 17. Petitioner has been the primary driver of the parties' 1992 Honda Accord, and the respondent has been the primary driver of the parties' 1992 Crown Victoria, Both vehicles are titled in the respondent's name, 18, Respondent has refused and continues to refuse to transfer the 1992 Honda Accord into the petitioner's name individually to allow the petitioner to purchase insurance individually and appropriately due to the separate residences of the parties, / 5 19. Additionally, the respondent continues to enter the Honda Accord for the purpose of leaving notes and messages using his extra set of keys, WHEREFORE, the Petitioner prays this Honorable Court to enter an Order: a, Directing the respondent to sign the title to the 1992 Honda Accord to the petitioner with adjustments in the difference of value to be made at the time of final division of the marital assets, b. Directing both parties to list the marital property for sale or in the alternative directing the respondent to be solely responsible for the expenses on the marital property. c, Granting such other relief as the Court deems appropriate, Respectfully submitted, IRWIN, McKNIGHT & HUGHES Rebecca R. Hughes, Es ire 60 West Pomftet Street Carlisle, PA 17013 Supreme Court I.D, No: 67212 (717) 249-2353 Attorney for the petitioner/defendant Elizabeth W, Mengle Date: June 18, 1996 6 \ \ SNELBAKER. 8 BRENNEMAN ^ rROft~!lIOHAL COflrO~TION AITORNEYS AT L^W .w wur ~,^IN STR.E[T MECHANICSDURG, PENNSYLVANIA 17055 RICfI^RD C, SNELMKER KElTfI 0, BRENNEIMN PHILW H, SP^RE 711'601.8!)28 February 14, 1996 VIA TELEFAX , " I'J. >',:.1' " .. 01'\., .... "1.. " . . '~. Rebecca R. Hughes, Esquire Irwin, McKnight & Hughes 60 West Pomfret street CarliSle, PA 17013-3222 Re: Mengle v. Mengle Dear Ms. Hughes: I write in follow-up to our conversation of February 5, 1996 and in response to Mr. McKnight's letter to me of January 2, 1996 and yours of January 25, 1996. This letter shall constitute my client's counter-proposal for settlement of the economic matters to the extent specifically addressed below. Personal property. With the exception of some minor items located in the storage/crawl spaces of the marital home and including photographs and holiday decorations, the parties have agreed upon the division of the personal property. I am enclosing for your reference a copy of a six-page inventory which has been approved, signed and dated by both parties. Marital Residence/Marital Debt. My client desires to retain ownership of the marital residence and offers to purchase Beth's interest in the property for the total sum of $35,000.00 as qualified below. The only alternative to David purchasing Beth's interest is of course to have the home sold. If the home is sold, there will be some substantial expenses incurred which will decrease the net amount realized from sale. If the property is to be sold, the lane providing access to the home, which has a distance of approximately 1,800 feet, must have up to 500 feet rerouted. The sections which must be rerouted are located on property adjacent to the premises not owned by the parties. A survey of the lane would need to be conducted, woods cleared, fill installed, drainage provided and SNELBAKER e BRENNEMAN ~.,J. Rebecca R. Hughes February 14, 1996 ~~ Page Two ~ ' stones laid for servicing of the new sectio. In addition, the property from which the 500 foot sections ould be removed would need to be restored to original condition. Also, underground electrical and phone lines of approximately 600 feet from the adjacent property would need to be rerouted including up to 400 feet of wire or cable removed. That land would also need to be restored to its original condition. In addition to the above, if the home is sold, there would be deductions for a real estate commission of a minimum of 7%, seller's fees, transfer taxes and possible capital gains tax implications, continued mortgage payments by the parties until the property is sold and the payoff of the outstanding mortgage bala.'lce. Furth<:!r / certain :i. "Cema in the home need to be placed in working order such as the main bathtub shower. The water damaged ceiling in the main bathroom should be repaired and the home's interior, including the basement stairwell, should be painted. Also considered in the offer being made to purchase Beth's interest is the fact that my client has paid one-half the mortgage obligation since separation, obviously without the benefit of occupying the home which in our opinion has a fair monthly rental value of an amount in excess of the monthly mortgage payment made. In addition, he has paid various portions of the utility bills and, real estate taxes on the property. In addition to the $35,000 he is offering for purposes of purchasing Beth's interest in the home in exchange for a special warranty deed, he of course is willing to assume all monthly mortgage payments on the home and hold Beth harmless and indemnify her from any claims arising from his failure to pay that debt, until such time as the mortgage is refinanced or the obligation extinguished Beth would be fre tal debts 0 tstandin 0 4. My client will agree to assume and continue to pay on the outstanding joint debt. The offer to purchase Beth's interest in the marital property has been stated as being qualified for the reason that there is a terrible odor of cat urine existing in the home. Obviously, a cat that has been in the home since Bp.th has occupied it by herself, has urinated in many different areas. In addition, there is cat litter throughout the house. Accordingly, the offer to purchase Beth's marital interest in the residence for the amount indicated above is contingent upon Beth agreeing to pay the expense of having the home professionally cleaned. If cleaned, the cleaning process must not utilize a deodorant or similar product which masks the odor. If that cleaning does not result in the cat odor being removed from the home, the carpet SNELBAKER 8 BRENNEMAN Rebecca R. Hughes, Esquire February 14, 1996 Page Three and padding will need to be replaced wherever necessary. An allowance for carpet and padding of comparable quality will be deducted from the figure agreed to by Beth for her interest in the property. For all the above reasons, we feel that the offer of $35,000.00 is fair and reasonable as qualified above. I I \ ' , . SUDDort: A1imonv. For the reasons set forth above related specifically to the expenses my client continues to share without receiving benefit of the marital residence and because he has continued to pay support since March, 1995 although a 50/50 custody arrangement has been in place, no offer for spousal support or alimony will be made. In addition, our investigation indicates that Beth had many opportunities for employment and did not accept or pursue those opportunities. In considering her earning potential as well as the other applicable factors, we feel that alimony is not warranted. In reference to 1995 tax purposes, there is no argument that Beth has qualified for the head of household deduction for federal income tax. My client is willing to accept the parties' youngest child for his 1995 tax return. He also offers to pay in cash the sum of $300 for the right to claim the other two children. Please review this counter-proposal with your client and advise whether it is acceptable. We look forward to your response. " :i , Brenneman '" ~ .. ",~~; .':tV .-..:.:x ...co KOB/SZ ee: David Mengle 'A'.~ ,','~;-~~ :,,'P! :_:n ,;q: ~-~~J .;\-';; . ~~-" ','..'cj; ~<.g' .,'lil; ~ ,',_;~}~ti ,!$l "'~n ';._c:.;."~ 0':-',,\ ':.1H 5NELBAKER 8 BRENNEMAN ^ rROfU)IONAL COllrOllAflOU AITORNEY5 AT LAW 44 wur MAIN nlUtT MECHANIC5DURG, PENNsYLVANIA 17055 , . , ~"9,, ~Olt 316 r^C>lMIUL 11m 601'1661 , , J :..'1:# I<ICH^I<D C, SNElMKEI< KEITH 0, .I<ENNEIMN PHiliP H, SMI<E 111.601.8528 March 14, 1996 " ,\ VIA TELEFAX \1." '_1:\ "'...,!'\ . \:.',. ....j ../-.., \....\,...1. ';" .' Rebecca R. Hughes, Esquire Irwin, McKnight & Hughes 60 West Pomfret street Carlisle, PA 17013-3222 Re: Mengle v. Mengle Dear Ms. Hughes: I write in response to your letters to me of March 11 and March 13, 1996. I have spoken to David concerning your letter of March 11, 1996. You identify the valuation of the marital residence as an item that needs to be resolved. You further indicate that you believe an appraisal of the home should be conducted. David and I have of course been operating under the assumption that the marital home has a value of $160,000 based upon the earlier proposal from Mr. McKnight. It is difficult for us to negotiate any settlement of this case if both of our clients are not utilizing the same value for the marital property. If you believe this matter must be resolved through an appraisal and you are not willing to stipulate the value of $160,000, we are wasting our time meeting this Friday unless we can have an appraisal completed by that time. Please advise me immediately whether you are insisting that an appraisal be done. Obviously, neither of us are experts in the valuation of real property, but the value for the home that I thought we had all agreed to use reflects at least a 3% per annum increase in value since the october 14, 1992 appraisal, which is certainly within the normal range of appreciation. In reference to your request for an itemization of debt, I am enclosing that itemization. Please provide me before Friday Beth's statement as to what she claims the debt to be. SNELBAKER ~ BRENNEMAN Rebecca R. Hughes, Esquire March 14, 1996 Page Two At the time of the recent support conference, David asked Beth about a statement that was being received on a joint account, in response to which Beth claimed the account had been closed and the money used to establish savings accounts for the parties' children. This letter will serve to request documentation indicating the beginning balances for those accounts. I am not sure how the joint account could be closed when David continues to receive statements from the bank on that account; therefore, we need to resolve that issue. In reference to David's efforts to prepare a 1995 tax return, he needs medical claIm and repayment forms for 1995 as well as all 1099 interest statements that Beth may have received on any joint accounts. Finally, in reference to your letter to me of March 13, 1996 there is no reason why Beth cannot contact David's father. I have outlined in a past letter to you what needed to be done in order to accomplish the change of the driveway. It appears now that either you or Beth has some reason to question what needs to be done in order to accomplish that task. Please feel free to contact David's father is you need any clarification. jl;.'iours truly, _~1'~a-'--'\ elth o. Brenneman KOB/sz cc: David Mengle " . 0- . ~ SNELBAKER 8 BRENNEMAN ^ r"or lUION^L COFll'OIV't T10t~ ATIOIl.NEY~ AT LAW 44 wu T M^U'" !t TR.EET MECHANIC58URG, PENNSYLVANIA 17055 p, 0 BOX ~IB r ^CSIMILE (717) 601,1661 IlICH^IlD C. SNELMKEIl KEITH 0, BIlENNtMm PHILIP H, SP^IlE 111-001-8528 #'}" :-" March 21, 1996 Rebecca R. Hughes, Esquire Irwin, McKnight & Hughes 60 West Pomfret street Carlisle, PA 17013-3222 Re: Mengle v. Mengle Dear Ms. Hughes: After our conversation on March 15, 1996 I spoke to my client concerning the underlying documentation and support for the various estimates and debts that he has outlined. - -~".. , t . ~. I~'~ .., "':'1 . ~ .. ,.~.... " Enclosed please find copies of my client's listing of deductions from the value of the marital residence at 84 Skyline Drive. I am also enclosing a separate page indicating a statement of debts setting forth joint debt as of October 8, 1994 and other debt for which we believe Beth is responsible. In addition to the above, I am enclosing a separate document comparing various aspects of the parties' vehicles including current price. In support of the price information, I am enclosing the eastern edition of the N.A.D.A. of March 1996 indicating the figures in support of the valuation of the vehicles. In reference to the damage to the bathroom, I am enclosing an estimate of John R. Walker setting forth the total price of $475.00 to repair the plumbing leak in the upstairs bathroom and the IIssocl.~ted dry\~>.\lJ, darnagFl, 1 am also p.nclosing an p.stimate from Scanlan's pertaining to the cost to clean the carpeting in the home due to the activities of the cat owned by Beth. I am also enclosing an estimate to furnish and install carpeting in the home in replacement of the damaged carpeting. This estimate has been prepared by Essis & Sons, Inc. In reference to the relocation of the lane, I am enclosing a summary of the estimate that David obtained from PP&L concerning the re-laying of the electrical wire. I am also enclosing Bell Atlantic's cost estimate for relocating the phone line. Finally, I am enclosing the estimate of John W. Gleim, Jr., Inc. for the excavation and relating matters pertaining to reconstruction SNELBAKER 8 BRENNEMAN Rebecca R. Hughes, Esquire March 21, 1996 Page Two of the driveway on our clients' property. I believe this addresses your request for supporting documentation. Please advise at your earliest convenience where we stand in terms of having this matter resolved. I thank you for your attention to this request and I look forward to your prompt response. 1t~~ Keith O. Brenneman KOB/SZ Enclosures CC: David C. Mengle LAW OFFICES IRWIN McKNIGHT & HUGHES ROGER 8, IRIWi lIARCU3 A. 1okJ<NIGHJ; /1/ JAMES O,I/1JGHE3 REBECCA R. HUllHE! WEST POMFRET PROFESSIONAL BUILDING 60WCSTPOMFRETSTREET CARUSLE, PENNSYLVANIA 17013-3222 (717) 249,2353 FAX (717) 249.6354 HARCUlS,IRWW (10''''017) HAROLD !,IRIWi, JR, ('0"'1088) 1RIWi, IRWIN.IRWW (11'"-1180) IRWW. IRIWi .1okJ<NIG/fT ('''6-100<) April 29, 1996 KEITH O. BRENNEMAN, ESQUIRE SNELBAKER & BRENNEMAN 44 WEST MAlN STREET MECHANICSBURG, PA 17055 RE: MENGLE v. MENGLE Dear Mr, Brenneman: I have reviewed in detail your correspondence of March 21, 1996, regarding the above- captioned case. ' With reference to the price reductions in the marital home, my client is more than willing to negotiate with the deduction for the rerouting of the driveway, Obviously, this problem would affect the transfer of clear title to the property, and therefore should be corrected, Any appraisal derived for the house would have to be reduced by the amount to reroute the driveway since it affects the basic title to the property, However, stipulating to a price means to agree to a price for the house "as is" with the exception of basic title defects, Because of what our understanding of "agreeing or stipulating to a price" means, we feel it is necessary that the house be appraised by a professional appraiser so that the appraiser can give us a price for the house "as is", The appraiser will clearly state that the driveway must be rerouted and therefore the price of the house will be decreased by that amount due to the affect it has on the title to the house, but the appraiser will address all of your client's concerns with reference to the carpeting, painting and any other repairs he feels is necessary, I believe that the basic problem with decreasing the house value, for example by $6,200.00 for replacement of the carpet, is that carpeting can be purchased in many grades, and mayor may not affect the overall price of the house. Additionally, my client has requested that I inform you that the urine smell in the carpet was caused by the parties' dog, Tugger, not my client's cat, With reference to reducing the price of the home by 7% for real estate commission fee, the law does not always allow this decrease in price, but looks at the surrounding circumstances of the party retaining the marital home, If the Court finds sufficient evidence to show that the party retaining the marital residence will most likely not sell the property, the costs associated with the sale of the home will not be considered, In this particular case, due to the proximity of your client's family's home, I believe the Courts willlind that the likelihood of your client moving from , . KEITH O. BRENNEMAN, ESQUffiE SNELBAKER & BRENNEMAN RE: MENGLE v. MENGLE April 29, 1996 Page 2 the property is slim, Therefore, we are unwilling to decrease the value of the home by commission, transfer tax, lawyers fees, and the other fees associated with the sale of the home, With reference to the rerouting of the driveway, please explain the necessity of moving the telephone and electrical lines which are currently underground, With this explanation, I can more clearly detennine what the actual cost for the rerouting of the driveway will be. With reference to the price of the vehicles owned by the parties, the prices noted seem to be acceptable, Again, my client is requesting that your client transfer ownership of the Honda to my client individually so that she may purchase her own coverage on the vehicle. Because the parties are living in two separate residences, it is important that they have two separate insurance policies, As you are fully aware, this does not remove either vehicle from the total distribution of the marital estate, These vehicles both will be included in our distribution scheme. However, the cooperation of your client would be greatly appreciated, With reference to the list of debts provided by your client, please advise whether the $3,000,00 debt to Robert H. Mengle is for the purchase of the parties' computer. lfso, we are requesting that particular debt not be attributed to my client since your client has possession of the computer Please advise at your earliest convenience whether your client is willing to pay for 1/2 of an appraisal on the property, Given the differences of opinion, I believe that an appraisal will greatly facilitate settlement of this case, Very truly yours, IRWIN, McKNIGHT & HUGHES ~~~ RRH:clc cc: Elizabeth W, Mengle . VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel and myself in the preparation of this action, The language of the Petition may in part be the language of my counsel and not my own, I have read the statements made in this Petition and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief, To the extent that the contents of the statements are that of counsel, I have relied upon counsel in making this verification, I understand that false statements herein made are subject to the penalties of 18 Pa,C.S,A, Section 4904, relating to unsworn falsification to authorities, ~hd/t.) &: tr!#- 'LIZABETH W. MENGLE Date: June 1& ,1996 , .. , " ...... \tJ .' r:~~ ...:~. , I t.I~:1 ~ , ,,' I ) . , f': , " , . . '. " . ~ crt' 1'" '-'"::) :.) n ~ ~ . " rl! I -, , ;t,j '-J f- .' , !.:J.. i I , , r, ,) ",..:,.. CJ , ::"J '0 '" ., 10 !:)';:j <: <l Z g <lJ 111 ~~ 't:l '"0 iSg ~5 i <: " <> III ~S:J "" ""' ~ w ~= '" III ~"'O ~~ ~ ~ ~ 11<'" <lJ <=l ~..... zffi <>: .... ~OE-< ;;:, .. ....... Ed ~I ~.~ ~ ~ll<m ' III ~"'t:i ;;; '.... . " "'w 2 'M W 0 :ijl>:11< d "f-4~ '" l3 .... ~~ s L, U~~j, <: ., " '" d . ..... fij '..l '" ~. 2 "l.5 !:) ~I l<l I1l , ., be1~ l3 .-i .. III ~e@ eg; 0; 'OH p,. 11< ~uus ~ :::i 8~~ ~ < ~ 0 ~~.... 8 .oE-< . e ~~f:j ~< - "'u . Ul l<l .},< U ,> j"'<=l ~ ~ ~ ",I;] i!l "'::1 ~ z e .> H ::i ~OHZ ~ ~u..... <=l " . f , DAVID C. MENGLE, Plaintiff/Respondent vs. ELIZABETH W. MENGLE, Petitioner/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-568 CIVIL TERM CIVIL ACTION - LAW : IN DIVORCE NOTICE TO PLEAD TO: Elizabeth W. Mengle, Petitioner/Defendant You are hereby notified that you have twenty (20) days in which to plead to the enclosed New Matter or a Default Judgment may be entered against you. By: Date: July 10. 1996 LAW O"ICU SNELDAKER a BRENNEMAN SNELBAKER & BRENNEMAN, P. C. ~~~ Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff David C. Mengle DAVID C. MENGLE, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-568 CIVIL TERM vs. ELIZABETH W. MENGLE, petitioner/Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S ANSWER WITH NEW MATTER IN RESPONSE TO DEF~NDANT'S :ETITION FOR ALIMONY PENDENTE LITE. INTERIM COU SEL FEES COSTS AND EXPENSES AND FOR SPECIAL RELIEF plaintiff David C. Mengle, by his attorneys, snelbaker & Brenneman, P. C., submits the following Answer and New Matter in response to Plaintiff's Petition: ANSWER 1. Admitted. 2. Admi tted. 3. Admitted. 4. Admitted in part; denied in part. It is admitted upon information and belief that Defendant has retained the firm of Irwin, McKnight & Hughes to represent her in this action. After reasonable investigation, this party is without sufficient information to form a belief as to whether Petitioner has incurred "substantial" attorney's fees in connection with L.-.W O"ICU SNELDAKER . BnENNEMAN litigation; therefore, same is denied and proof thereof demanded, together with proof of the reasonableness and necessity of all services provided and the fee for same purportedly charged. /: I 5. Admitted. 6. Denied. After reasonable investigation, this party is without sufficient information to form a belief as to whether Petitioner was "guaranteed" a job and has not received a position for employment for the 1996 - 1997 school year; therefore, said allegations are denied and proof thereof demanded. By way of further response, it is believed that Petitioner's compensation and benefits as an employee of the cumberland Valley School District continue into August, 1996. 7. Admitted, with the qualification that Respondent is a statutory employee responsible for the payment from his gross income of all business related expenses, which expenses are substantial. UW O',lcn SNELDAKER . BRENNEMAN B. Denied. It is denied that Respondent has failed and refused to support Petitioner adequately since the parties' separation. To the contrary, the Respondent has more than adequately supported Petitioner directly through support payments and indirectly through payment of living expenses of Petitioner and the parties' children and the payment of marital debt for which no contribution has been made by Petitioner. By way of further response, Petitioner agreed she needed no spousal support and made no claim for same at a support conference held on March 6, 1996. Petitioner has failed adequately to provide for Respondent and the parties' three children during Respondent's -2- periods of shared custody by failing to give to Respondent available furniture, furnishings, clothing and related articles necessary to the aid, comfort and support of the children and Respondent. By way of further response, petitioner has impeded and interfered with Respondent's access to work records and information necessary for Respondent's employment, to the detriment of Respondent and the parties' children. Finally, Respondent paid for full medical and dental insurance coverage for Petitioner and the parties' children through March, 1996. In March, 1996 Petitioner agreed to be responsible to cover medical and dental expenses of Respondent and the parties' children due to the free insurance coverage she had through her employment. However, she has consistently failed and refused to abide by the March 6/ 1996 Order of Court directing her to provide to Respondent proof of coverage/ cards evidencing coverage, the benefits booklet or coverage contract, claim forms and other related information set forth in the Order. Due to Petitioner's failure to provide the items and information set forth in the March 6, 1996 Order, Respondent requested a support conference which Petitioner voluntarily chose not to attend. Petitioner still has failed to comply with the Court's March 6, 1996 Order. As a result, the Court issued an Order June 18, 1996 making Petitioner responsible for 100% of uninsured medical expenses. LAW OI'r1cn SNELDAKER . BAEUNEMAN -J- - LAW O,"cu SNELDAKER 6 BRENNEMAN WHEREFORE, Respondent requests this Court to dismiss the Petition of Elizabeth Mengle with prejudice and award Respondent counsel fees and costs relating to the defense of this proceeding. 9. The averments of Paragraphs 1 through 8, inclusive, of this Answer are incorporated by reference herein. 10. Admitted, with the qualification that Respondent on October 8, 1994 moved from the marital home at 84 skyline Drive to his parents' home at 92 Skyline Drive, which house is adjacent to the parties' marital home. 11. Admitted, with the qualification that the move was made to Respondent's parents' home because it was convenient and beneficial for the parties' children to remain in the same school district and in close proximity to their father. 12. Paragraph 12 of Petitioner's Petition should be stricken as an effort to improperly plead the substance of settlement negotiations between the parties, which settlement negotiations are inadmissible and wholly irrelevant to the Petition before the Court. Accordingly, no response to the substance of Paragraph 12 is required and the allegations therein are deemed to be denied. 13. Admitted with the qualification that Petitioner moved at her own volition, without Respondent's consent or approval -4- !; i i i I: when there was no financial or other reason compelling her to do so. , I i , k' !i i' 14. Denied. It is denied that since the date of " separation, Petitioner has paid one-half of the marital mortgage and associated maintenance costs of the marital home. To the , , I , I I I contrary, Respondent paid the mortgage payments in their entirety for the months of october, November and December, 1994 as well as the electric, telephone and trash charges incurred during that time. Respondent paid all real estate taxes assessed against the property. By way of further response, Petitioner has failed to maintain the marital home during her occupation of same and afterwards, causing deterioration and waste of the parties' most substantial marital asset. LAw o'm:t:1 SNELDAI<ER . 8RENtlEMAtl 15. Admitted in part; denied in part. It is admitted that Respondent continues to live with his parents. It is denied that Respondent has failed to take responsibility for the expenses associated with the marital home. To the contrary, Respondent has taken responsibility for expenses associated with the marital home despite petitioner's failures in fulfilling her obligation to do so. As an example, Respondent purchased fuel oil, without any contribution from Petitioner, in order to maintain the marital home after Petitioner vacated the home in February, leaving the fuel tanks empty and the home susceptible to damage. It is denied that to date, Respondent refuses to list the home -5- '" for sale. By way of further response, Respondent contends that moving into the home with the parties' children is not at this time in the children's best interest due to the condition in I , i i I i' I: '( which petitioner left the home and the uncertainty of how the home will be handled upon final resolution of economic issues, which resolution could result in the children being uprooted from the home a second time. 16. Denied. After reasonable investigation this party is without sufficient information to form a belief as to the truth of the allegations contained in paragraph 16; therefore same are denied and strict proof thereof demanded. By way of further response, Petitioner voluntarily moved from the marital residence while Respondent was paying her support and support for the parties' three children in addition to one-half of the mortgage and real estate taxes. If Petitioner has assumed responsibility for debt which she now claims precludes her from contributing to one-half of the mortgage on the marital home, she has voluntarily placed herself in that economic position when there was no need to do so. LAW O"IC". SNELDAKER . SREUUEMAN 17. Admitted in part; denied in part. It is admitted that presently Petitioner is the primary driver of the parties' Honda Accord. It is denied that Petitioner was the primary driver of that vehicle prior to the parties' separation in october, 1994. By way of further response, Respondent paid all insurance, J " -6- I, .. )~ . license fees and registrations costs for both vehicles up to May, 1995. After May, 1995, Respondent has paid one-half of the insurance premium on the parties' two vehicles. Petitioner has had exclusive use and possession of the parties' 1992 Honda since the parties' s~paration in October, 1994. 18. It is admitted only that at this time, Respondent sees no need to convey title to the parties' 1992 Honda to Petitioner and therefore declines to do so. By way of further response, Petitioner has never explained the economic need, benefit or importance of having the vehicle conveyed into her name alone for purposes of her purchasing insurance individually. 19. It is admitted only that Respondent accessed the Honda three times. Respondent accessed the Honda on each occasion for purposes of transferring his children's personal items in order to facilitate the parties' scheduled changes of custody and to protect the children's personal items, contrary to Petitioner's habit of not taking adequate precautions with or care of the children's personal items during such exchanges. In addition, Respondent left notes during those occasions for purposes of communicating with Petitioner concerning the children, which communication was requested by Petitioner. -7- i/ I I .' i f' i I' I, ! i LAW o.."c.... SNELBAKER a BRENNEMAN WHEREFORE, Respondent requests this Court to deny and to dismiss with prejudice the Petition of Elizabeth Mengle for the reasons set forth above and in New Matter, the averments of which LAW U'''CL. SNELDAKER . BAENNEMAN New Matter are hereby incorporated in this Answer, and to award Respondent attorney's fees and costs associated with his defense of this proceeding. NEW MATTER 20. Petitioner and Respondent separated October 8, 1994. 21. On October 8, 1996, Petitioner and Respondent will have been separated for a period of two years. 22. Respondent, who initiated this divorce action, intends to immediate have all matters raised in the divorce proceeding, including the matter of equitable distribution of marital property, heard and concluded by the Court. 23. Petitioner has failed to allege in her Petition that she lacks the financial ability to pay for counsel fees and costs for purposes of maintaining this divorce litigation. 24. Petitioner fails to set forth a cause of action or cognizable claim for attorney's fees and costs. 25. Respondent has never failed or refused to pay the mortgage, insurance or taxes on the marital home. Petitioner, however, now refuses to make SDY contribution to the mortgage, insurance and taxes or to maintain the marital home. 26. The mortgage on the parties marital home is not in -8- default and the home is not subject to a mortgage foreclosure proceeding. 27. Petitioner voluntarily moved from the marital home in February, 1996. 28. At the time petitioner left the marital home, Respondent was paying spousal and child support of $891.00 each month to Petitioner. 29. At the time petitioner left the marital home, Respondent was paying one-half the parties' mortgage. 30. At the time petitioner left the marital home, Respondent had paid or was paying one-half of the property tax on the marital home, one-half of the hazard insurance premium on the home, one-half of the insurance premium for the insurance coverage on the parties' vehicles and paying for health insurance coverage on Petitioner and the parties' children. 31. Petitioner is the sole owner of the property and home at 27 Dewalt Drive, Mechanicsburg. 32. Petitioner voluntarily chose to purchase a home at 27 Dewalt Drive, Mechanicsburg, incur a mortgage debt, as well as maintenance, insurance, taxes and other home-related expenses. LAW o,,,cu SNELDAKER A BRENNEMAN 33. By voluntarily purchasing the home at 27 Dewalt Drive, Mechanicsburg and incurring unnecessary additional non-marital -9- \~~ . "_ - - 0-_- \ __o_...~_.~_.,......_ '" .h_ ~ ~, . --" -. ,..-...., debt, Petitioner potentiallY placed at risk the parties' ability to maintain the parties' marital home, the most significant marital asset. 34. Based upon Petitioner's purported inability now to contribute to one-half of the mortgage debt on the marital home, she requests this Court to grant equitable relief to her in the form of selling the marital home or forcing the entire debt and expense of same upon Respondent. 35. Petitioner is barred from receiving equitable relief due to the application of the doctrine of unclean hands. 36. A sale of the marital home at this time will deplete the parties' equity subject to equitable distribution due to the expense associated with such a sale. 37. Petitioner has presented no reason, let alone a compelling reason, to have the Court order a sale of the marital home when final resolution of all the economic issues in this case will occur soon after october 8, 1996. 38. Petitioner is not a financially dependent spouse. In the alternative, if she is, she has become financially dependent due to her voluntarily leaving the marital home and assuming the debt of a mortgage and other expenses associated with owning a LAW O'''CU SNELD;\KER . 8REtnlEMAN home, when there was no need to do so. -10- 39. Petitioner has never explained the economic, practical or other benefit in having the parties' 1992 Honda transferred to her so that she could obtain her own insurance policy on same. i , , ' , , , I I I, I: J I I 11: It! WHEREFORE, Respondent requests that the Petition of Elizabeth Mengle be denied in its entirety and dismissed with prejudice and to award Respondent attorney's fees and costs associated with his defense of this proceeding. SNELBAKER & BRENNEMAN, P. C. By: y{~~ Keith O. Brenneman, Esquire 44 West Main. street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff/ Respondent David C. Mengle Date: July 10. 1996 LAW O"ICU SNELDAKER . BRENNEMAN -11- VERIFICATION I verify that the statements made in the foregoing Answer with New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. .~ clA-~;_j ~ J771-~/( Dav d C. Men e Date: July 10. 1996 LAW o,,,cu SNELDAKEA a BREUNEMAN "~".....~ .--..-'" ~-' --.- , , r:::~~'_'_"'" .3S./I.../(I/I" fl/j L\'~ ,;wI' UCbi, jDttb, WADS '1'///1 &>1J,IIl/, dov" Veee",J e..e /. \011 v- .''''' LoN ...'lIo~nI" ~tIIId..d ~ pO , 8/:'1'WIIIIH ' OlEl'lL A. OlllST, ",dnlb WOllin, of Hlc:hlnluburI. Penn'flYanll GnftlOf , 0,,4 EI.lZ~BEr11 V, Hllle1.!, of Clrlllll. Plnnayl~anl' a...- I WlrHlISSll'l'R. \oIIICn .....,...,""'.' ONE HUNDRED 1'oIELVE "IQlJS~No---------------- __. _____________-------- ___ ($112 ,000,00)------------------------ DoIJort. /. ~,.u. ". ,,""1..1....' II AonW .-lorIg,d, \011 ..u g........ ""'0 AonW gtPI 0,,4 .....v 10 \011.011-'" , ALL nlAT CERTAIN 16t o! I,ouod oltuoto In 511,.r Sprlol Toun.hlp. Cwobo,l.nd County, Plnnl,l,en'I, bounded and dllcrlbed II followl' BEING Lot No, 6, S..tlon "A" o! HUbrooko pion o! LoU, uhloh pion II no"d.d In tho 0!!100 o! thl a.oord.r o! o.odl !or Cuoborllnd Count' In Plln Book 19, PliO 70, hldnl I !rontUO oIonl Tounohlp aOld T-S79 o! 105 !..t, I dlpth on tho WI.t o! 155 !e.t, . uldlh In tho ,,0' o! 10~ !.ot ond 0 dorth 01001 tho Zool .f 1~' hit. I~VING THzaEOH ERECTED 0 du.lllol knoun I.d nuobo,od 01 27 noWllt n,l'o. "oohon- itlburI. Plnnlfltanllo BEING THE S/JIE p'!1115ES which Rlchord J, ...d... widOW", b, o.od do..d Jul, 2B. 1993 ond <oo"d.d AUluot 3, 1993 In tho OUlto o! thl 'oo"dor o! 00041 In Ind !or euob.,llnd Count, In Bo.d Book L. 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I. ,lIbIorlb,~ 10 /AI "'101'" w,.....,.,.IIIl1l..........u"'III 'M1 aha ...""11I ,.... ,... /AI """",a t.\mln -. IN WITNIISS WHIIIlIIOr. I MravoIo "' ..w -.... =!!o.-~!*o "'CoomIoooio"::o;;."L.o"'m," }", S,." ., C.....r ., Cot "'''. lA, liar ., u, ~.. .".." pmoNIIlw 'I'P""~ ,II hotw u m. (Of' 'GtU/.doril. pm",) to b. tAt p.rton wMn nam. hb,orlbld" tAl "'101/00 w......,.,.IIIl1l........""'III IMl ...""11I ,om, fo, 1M 1JIIfll00a Llnri. .oiii4i_ IN IVITNIISS IYHII/lIIOr. Il,,,.oIo "' ..w IIiuId ..., .61</41 ,to/, e TlIlf 0' 061.", ~ d. A".b" elnl/. 'Ao' 'M ""N, ,,,"'mi, and cornp',"1 pod olll' GIld,.., 0' 'lI VllIAI.....III prolll4'" n IIko#~, ~ "'" h. IOIfI 1i..., ~t 1'(( ~, I"'~,~;l::t.. __",-~:1 ..,tom,v for ~JkU~ boOK 133 rm 810 , , , . CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Answer with New Matter to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Rebecca R. Hughes, Esquire Irwin, McKnight & Hughes West Pomfret Professional Building 60 West Pomfret street Carlisle, PA 17013-3222 ,~~ Keith o. Brenneman, Esquire SNELBAKER & BRENNEMAN, P. C. 44 West Main Street P. o. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff David C. Mengle ate: July lO, 1996 LAW O"IC". SNELDAKER . BRE~mEMAN : , 1\;. ., .. " .... , . ..' '.A ~ ,.,.C ~"".....;,o: ,. . . . ~1 .,;. .., ~ .~ -. .~ . .. ," ~ ~>o...~_ - .. .-... . ;I , ,,' ' ',' . , . I . ELIZABETH W, MENGLE, PETITIONER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO, 95-568 CIVIL TERM CIVIL ACTION - LAW v. DAVID C, MENGLE, RESPONDENT IN DIVORCE ORDER OF COURT AND NOW, thiS~ day of 1996, per the request ofRebecca R. aring on the issue of alimony pendente lite and special relief scheduled for August 22, 1996, at 1 :30 p,m. is hereby canceled. 1. """\-,, """:1,J H)Y, ^....'~~I'..~:] 1'''--...., :"~-, \, - .'f1r\:) l_l , , _ 1. -\ "I",' '7'1 "in % U . tl ~ t~ tJ "" ,.. .,. ;I, J . 'L ..''''\ ;;0 .-llJdJI t...\J" . ,:,,11 ..<.J :!:):':!;!(J'OJli.:l ". ....... '" ,_.' . ,- ...~ -"'. , . ',. , ,. , f. ELIZABETH W, MENGLE, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION . LAW 95.568 CIVIL TERM DAVID C, MENGLE, Respondent IN DIVORCE NOTICE OF INTENTION TO RETAKE AND USE PRIOR NAME I, ELlZA8ETH W, MENGLE, hereby givc noticc, avowing my intcntion to rcsumc and hcrcallcr usc my prior surnamc, to wit: ELIZABETH ANN WIIITESEL , in accordancc with " thc provisions of thc Act of Dcccmbcr 16, 1982, P,L, 1309, No, 295, Scction 704(a) (54 Pa. C.S,A. 704(a)). My divorcc, dockcted to 95-568 Civil Tcrm, was b'l'antcd on Novcmbcr 6," 1996. I vcrify that thc statcmcnts modc in this documcnt arc truc and corrcct. I undcrstand that falsc statcmcnts hcrcin madc arc subjcctto thc pcnaltics of 18 Pa. C.S. Scction 4904 rclating to unsworn falsification to authoritics. IN WITNESS WHEREOF, I havc hcrcunto sct my hand and scalthis ~() 041 day of -d ar- ,2000, . f'uIJ"-b/t)U ....1r -1?u~r;r{u (SEAL) ELIZABETH W, MENG~E TO BE KNOWN AS: a ~'tLl.lttlL-' ()/I../v J/:.Jutz..ut.(SEAL) ELIZABETH ANN WIIITESEL tic , C") 0 '? ~ 0 ') - ~I:f ~ ~. ~fF ii: -< :71:n ;...''* ~~: w "f:ij .' -=If 0 'il-, ~z U9, 4 Cd .-tJ -0 ,'J ~ ::: '~'1.i /;;' "8 ~~ N ~.~ 15' .. .~ W 0 ;r> -.I ;:0 (1' -< ---- ~ (;) "is 0 J;::> j;' --< f