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Home My WebLink About95-06310 . 8 8 8 ~~~~~~--~~-~~~~~-~~~)_.~--~~-~. $ , _ :"'-~- iii. . ,9 ~ a ,,' $ $ $ $ e " P.' 8 8 $ ~ S ~ I~ I~ I' I~ I'.' /, ;~ ~:!: . , .. ~ ~_..._, _,_... ~ _ _ _, ..,__ . ,'tI ~*-*--~--***~***-~~~~~. .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '*' PENNA. SharlnOr\L.~, ..~tner" ' ,.'" ....,..'.. II .1 No. ,..6.~ll?...,..,...., ........,........19!t5 ..p..,p.laint,UL , ,..................................... 11 II \1 i !I VCI'S1I8 ~hchael, J. ..1<il1lt:neJ:',.. p Defendant . ~ ~ DECREE IN DIVORCE AND NOW. . . ~.t ft~,d'. . ,I,~ . . " '. 19,',~., it is ordered and decreed that.. ,~~~ .~~ ,~~~.".,.,.."...,.,',..,.,..... plaintiff. and ,...,..,.", ~~~~. ~: . ~!l~~~. , , . .. . , ' . .. ' , . , , , , .. , , , , ... defendant. are divorced from the bonds of matrimony. s w ~. .. ~, ~ (, .;, P.' ~ ~ w ~. ~ 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; ~ w ~ w ~. , ~Pil':ill:;'PO, iloP, p,:pPllrl:Y, 5etJ:.leJTent. Jlgreerren.t:. of, June 1.7". .1.996. incorpora.ted ,!1~~~~!1",.,..",. .,.""",."""..."."...,......,.,',.."...,',....,' s ~ ~ ~.' Court: ~o ()! . tJ.J~ ~.... J, . ~~.>W~, f' ~/ A-~~7 <{k.~,EQ, , 7j?'olhonOlnry l " Dy The .. !="' ~ ',' Allest: .~ ~ l/? Kt ? ~ ~ i:I ~ :;0 ______' ,.. '. :;-*:. ...:. ~. .:.:. .~:. . . ~ 8 8 8 8 8 ~ ~ ~ 8 ~ ~ t; ... P.' ... P.' ~ 8 ~ $ a ~. ~ * ~ ~ '.' ~ ',' ~ *- ',' s ~ * .,..............-. . .~w 'w_'.4..2t:l;~:;.~;,.,~<,c'~":*,'.;'.-;~+"~~-'''''';-:,..~;._..;o"",~_~~-C;~f!:"'.."'-,..:i:,.5 1!/6 .~~ &,;;i to/';' ~..J/~~r-~ ~ ~~~.~ ~ ~H~ Z, ;:7f ~ ~"'. 1 . j' ; . ;,., . , " ..01\.;' "", . , . SHANNON L. KAN'mER, Plaintiff, IN THE COURl' OF CClfoMlN PINIS CUMBEJlI.,NID COUNTY, PENNSYLVANIA I NO. 95-6310 CIVIL TERM I I CIVIL ACTIOO - IN DIVO~ v. MICHAEL J. KAN'mER, Defendant SEPARATION AND PRCI~A4"1'l! SE'J.'TLBIIEtIT J.mI,,~ A~K~ made this n 7+'l day of ;:} U N ~ , 1996, by and between SHANNON L. KANTNER (hereinafter referred to as Wife), of Cumberland County, Pennsylvania and MICHAEL J. KANTNER (hereinafter referred to as Husband), of Lebanon County, Pennsylvania. WITNESSETH WHEREAS, the parties hereto are Husband and Wife, having been married on March 15, 1990, in Lebanon County, Pennsylvania. The parties have one child born to wife and adopted by husband, Justin D. Kantner, born May 7, 1988. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of settling fuLly and finally their respective financial and property rights and Obligations as between each other; WHEREAS, Husband and Wife are both entirely familiar with the assets and liabilities of each other, and the settlement presented herein is based upon full and complete knOWledge of their assets; and . -'~ot.-..._.....-.",-,,~~ . ~--'---"'-~ . ., . , , ~, the parties have agreed, under the aforementioned circumstances, that a separation and property settlement would be in the best interest of each other. NOW, TBEREFoRE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound, covenant and agree as follows: DIVORCE 1. It is specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, and each party agrees to sign an Affidavit of Consent under the Divorce Code consenting to a divorce. It is further specifically agreed that a copy of this Agreement may be incorporated, by reference, into a divorce jUdgment or decree. This incorporation shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such jUdgment and be separately enforceable in addition to enforcement under such jUdgment. '-'>"""~~'--~~~~-'-" ...... . ..,.~ . _ _ _:X~',...~.r~'("'~;'--;: ,'_ _ _ _ _ _ _ ., ,-_:,,"__"'<'::'" C-, _ _ _', _ ,', _ _ _ __ _ ,'_ _ ,__ ;:-t:-.\;'i';} '<'~:"'~ ~;:(~;f~:4~:t::Ji':-':5liJ}~>' ::::\'Y"~ ~l J:..",,''',-''''.; >"....:..~...._~~"""'."'''~~~i~~~JJill1L:lf.~~~~~4-...~'''~~~. ~. " I. ADVICE OF COUNSEL 2. Wife and Husband declare that each has had a full and fair opportunity to obtain independent legal advise of counsel of her or his selection. Husband has been independently represented by Paul W. Kilgore, Esquire, and Ellen o. Wargo, Esquire of the law firm of Spitler and, Kilgore. Wife has been represented by David J. spotts, Esquire, the Law Office of Ron Turo. PERSONAL lUGBTS 3. Husband and Wife may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restrain, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or their respective families, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Husband and Wife agree that each shall respect the other's wishes to remain away from their respective residences and shall in the future supply via the mails any correspondence with respect to each. "". ~ . , MUTtJAL PIlT.'Il'IISE 4. Husband and Wife each do hereby mutually remise, release, quit claim and forever discharge the other and the estate of such other, tor all time to come, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatsoever nature or wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part therefor, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature or dower or curtesy or widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of surviving spouse to participate in a deceased spouse's estate. It is the intention of Husband and wife to give to each other by the execution of this Agreement. a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. "<' ..ti,.t;i':$'~!7.",',,'1~"'/'-""';-~-- '-'--"'-',. -4' ~ . . EOUITABLE DISTRIBUTION OF PROPERTY S. Husband and Wife agree that prior to the date tirst written above, the parties have divided their personal property located at the marital residence. Wife shall remove the items she is to retain as described in Exhibit "A" attached hereto and as per the parties agreement within ninety (90) days from the date hereof, failing which the property shall remain that of Husband. 6. Husband and Wife agree that Wife shall transfer all her right, title and interest in and to their marital residence. known as 24 Clearview Drive, Lebanon, Lebanon County, pennsylvania, with Husband to assume the mortgage, taxes, insurance, and upkeep of said premises. Wife shall execute a quit claim deed to Husband for said real estate, contemporaneously herewith. Husband shall hold Wife harmless for and indemnify Wife for any liability she may be required to absorb with respect to the expenses, mortgage, and real estate taxes for said premises. contemporaneously herewith Wife shall give the house keys to the marital residence to Husband. 7. Husband agrees to transfer all his right, title and interest in and to their Chevrolet Chevette to wife within ninety (90) days from the date hereof. B. Husband and Wife agree to waive any right to the others IRA, stocks, bonds. bank accounts, life insurance cash surrender value, or any other accounts or liquid assets that is now in the possession of the other. .. . . ."" u~.;i:-~;"!""~';:iW:n.,,'j~, ~'J;j.~jtj-'!/~~j,'~~';"~';~"i~~~~~~.";~~>hri..;;.t~ "~~'Itf~~f~~>i.t'~\l;' . ,', ~". . .'," - -~:'j;/" -~~ ,,> _C'_ '1"_:11I' ~_~_ _.._~.,.':"'C"?_""j), ~_ - _ .,__,;-f~'1:-_'f~~~ft"ii',-~~':-:!'. 'f€t\~>'~:'i'..f\I",..,'---.t,tt~e;l'~~"f!"~-' :>:.' ,'Ie; . . 9, Husband and Wife agree to waive and give up and ri9ht or interest they may have in and to the others pension. 10. Except as aforesaid, Husband and Wife agree to 9ive up, waive and relinquish any other property now in the possession of or in control of the other party. 11. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible or intangible personal property subsequently acquired by the other party. Husband and Wife specificallY agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship, including, without limitation, dower, curtesy, right to equitable distribution under the Divorce Code statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other and right to act as Administrator or Executor of the other's estate, and each party will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect the mutual waiver and relinquish of such interest, rights and claims. MUTUAL COOPERATXON 12. Each of the parties agree that at any time hereafter, upon the reasonable request of the other party and at the expense of the other party, he or she will make, ... . .. . . execute and deliver all such deeds, releases, waivers or other instruments, papers and documents as the other party may reasonably require for the purpose of giving full effect to these presents and to the covenants, conditions and agreements herein contained. 13. The parties agree that each shall pay their own attorney's fees and costs with respect to preparation of this Aqreement and a divorce proceeding. BAHKRUP'l'CY OR REORGANIZATION PROCEEDINGS 14. In the event that either party becomes a debtor in any bankruptcy or financial reorganizational proceedings of any kind while any obligation remain to be performed by that party for the benefit of the other party pursuant to the provisions of the Agreement, the debtor's spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of the , ~j....,f",__'>;.--~,:~::.'f1~;';'::~F,'~:~'R',~,,-' ;< ":,-~..._~y~";.~~.-~~:.)~~!1:-~-,,iif;.;;:~~._ ~ . . . Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharqed or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. EFFECT OF RECONCILIATION ATTEMPT 15. This Agreement shall remain in full force and effect even if the parties reconcile, co-habit as husband and wife, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a Statement declaring this Agreement or any term of this Agreement to be null and void. 16. By this agreement, the parties have intended to effectuate and by this agreement have equally divided their marital property. The parties have determined that such equal division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property has not, except as may be otherwise expressly provided herein, been intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the ~ . . . introduction of outside funds or other property not constituting a part of the marital estate. As a part of the equal division of the marital properties and the marital settlement herein containcd. the parties hereby agree to save and hold cach other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. Husband and Wife do hereby specifically agree and elect to apply the provisions of the 1984 Domestic Relations Tax Reform Act with respect to the creation of a taxable event. Husband and Wife specifically agree that none of the provisions of the within agreement shall constitute a taxable event as set forth in the 1984 Domestic Relations Tax Reform Act. WARRANTY AS TO EXISTING OBLIGATION 17. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all debts, liabilities or Obligations of every kind which are assumed by the other under this Agreement or which may have heretofore been incurred by them and not mentioned herein, including those for necessities. llll''';'~~..,...,,,.'';' ~....~.....<!..; ~ . . . WARRANTl!' AS TO FtJ'l'URE OBLIGATIONS 18. Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified tram all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement, and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Husband agrees that he will pay the reasonable counsel fees and costs incurred by Wife in the event that Wife shall bring any action against Husband to enforce the terms of this Agreement and in the further event that Wife is successful in such action. Wife agrees that she will pay the reasonable counsel fees and costs incurred by Husband in the event that Husband shall bring any action against Wife to enforce the terms of this Agreement and in the further event that Husband is successful in such action. WAIVER OR MODIFICATION OF lUGBTS 19. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. . . . . LAW OF PENNSYLVANIA APPLICABLE 20. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, which are in effect as of the date of the execution of this Agreement. AGREEMENT BINDING OF HEIRS 21. This Agreement shall be bindinq on and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. INTEGRATION 22. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. NO WAIVER OF DEFAULT 23. This Aqreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the riqht of such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obliqation herein. I . . . . EOUITABLE DISTRIBUTION 24. It is specifically understood and agreed that this Aqreement constitutes an equitable distribution of property, both real and personal, which was leqally and beneficially acquired by Husband and Wife or either of them during the marriage, as contemplated by the Act of April 2, 1980 (P.L. , No. 26) known as "The Divorce Code", 23 P.S. 101 et. seq. of the Commonwealth of Pennsylvania. WARRAIlTY OF DISCLOSURE , 25. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of this Agreement. IN WITNESS ~RnF, the parties hereto have set their hands and seals the day and year first above written. d=J,-~~~- w ess ~:Jt~. Shanno L. Kantner (SEAL) -fxh[U }, -)1: 1 It witness SEAL) /\ i , . . . . VERIFICATION I. Michael J. Kantner, verify that the statements made in the foregoing Agreement are true and correct. I understand that any false statements are made subject to the penalties of 18 pa. C.S. Section 4904 relating to unsworn falsification to authorities. 5-1'" -% ?!t;~/f...~:f:, - " ;K~.';; _._ c':';'~"'\i,,'-,~~L!,:,c"i'~~~:_,;,,~,"';i:;~ . VERIFICATION I, Shannon L. Kantner, verify that the statements made in the foreqoinq Agreement are true and correct. I understand that any false statements are made subject to the penalties of l8 pa. C.S. Section 4904 relating to unsworn falsification to authorities. I) .\:JlAL q~. . - ~~ - :d~ Shannon . Kantner ------- ... . . . . , . . ATI'ACHMENT PROPERTY OF SHANNON KANTNER Don coI1ectIon Plate coI1ectIon UnIcom lIprInee coI1ectIon c.,ataI coI1ectabIee Antique plate IIIId bowIa JUItIn'. m- JUItIn'. boobheIC JUItIn'. children bookllllld euqclopedla let JUItIn'. toyI 'l11e 1cmIMtlIIeeper bed Black IIIId wblte te1evlllon Stereo IJIItem Goldstar VCR Handmade quDt I'lICk Cedar chest (made II)' Shannon'. Cather) Antique table/crate Wooden lItudent dealt WhIte ginger lamp c.,ataI c:of1'ee Wlll'lDer c.,ataI serving plate c.,ataI gIaaea Silverware aervIce ror 8 (aervIce In tuppel'Wlll'll container under kitchen cabinet) Ha1f' or the tupperware Bakeware All hanging palntlnp and plctll1'ell .1 . ~. . ,',. t." . .'" ~~ , ,. ~,......"..'.."<'",- ,..., --_...._-,..~.._._.._'.._-" .- .~', . . p-.. l:' r., . If, :;-,. . . . " ...- SHANNON L. KANTNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. . . : NO. 8810 CIVIL 19911 MICHAEL J. KANTNER, Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: TransmIt the record, together with the following information, to the court for enlly of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 8801(c) of the DIvcm:e Code. , Date and manner of service of the Complaint: Certified mall on November 8. 1996. return 2. ,. receipt' (service verified by receipt dated November 6, 1996). . 8. (8) Date of execution of the Affidavit of Consent required by Section 8801(c) of the Divorce Code: By Plaintiff: June 17. 1996; By Defendant: Ma,y 18. 1996. (b) (1) Date of execution of the PIalntilT's Affidavit RequIred by Section 8801(d) of the Divorce Code : N/A (2) Date of service of the Plaintiff's Affidavit upon the Defendant: N/A 4. Related claims pending: None. Separation and Property Settlement Agreement of June 17. 1996 Incorporated herein by reference. II. indicate date and manner of service of the notice of intention to IDe praecipe to transmit record, and attach a copy of said notice under Section 8301(c) of the Divorce Code. Waiver of Notice signed by Plaintiff on June 17. 1996 and Defendant on Ma,y 18, 1996. 1;) .~~L ~J' /' avid fspottsl squire Attorney for PlalntlfT -~,~,.. ' ,," ,_.__, ;'.-':::'/'0'- ',:,.,' i~;"'~P~~'-n-"'_"'';4~'' >.1 '-~'-'~!~iIO:'i'r~~~ ".,; :<}~'f'" . . M :'.: " -if ii: ~ ~ - " .. 8~ .:r :z: 0.. f;.~ Q\ s- - ~m Ul :;r: if ::::> .., a ~ u:l C1' . '. * ;_1 \: ',' +i - ~ ~ ~ Q ~ g j1~ if ~ 0\ 9- W ~ j & ~ ~ . , , . I ,oi.~. .j.~ .0. ..,i'.. .--.-,).', SHANNON L. KANTNER, PlalntllJ' : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . : NO. 911. (. 311 CIVIL TERM v. MICHAEL J. KANTNER, Defendant . . : CIVIL ACTION. IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued In Court. It you wIah to defend agaInat the clahnllI4lt forth In the following pegeI, you must take prompt action. You are warned that If you fall to do 10, the case will proceed without you lIDd a decree In divorce or annulment may be entered agaInat you for all,)' other claim or reUef requested In these papel'll by the Plaintiff. You may IDle money or property or other rlghtlllmportant to you, including cuatody or vlaitlltlon of your children. When the ground for the dlvomlls IndlgnlUes or irretrievable breakdown of the marriage, you may request marriage COUIl8eUng. A list of m.arrIsge coWJaelol'll1s aVllilable In the Offace of the Prothonotary at the Firat Floor, Cumberland County Courthouae, South Hanover Street, CarUale, Penn.s;y1vanla 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TlDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Admlnl8trator Cumberland County CourthoWle Fourth Floor Car~~Pe~1vanIa 17013 (717) 240.6200 , ,~w~ .",..~;,;?~~~~;~.?i}~~~$'1'~;<:';.V~~~~'~'W"r-~~;~~:ptjr~~-: SHANNON 1.. KANTNER, Plaint1ft' : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. . . : NO. 95- (, 3/0 CIVIL TERM MICHAEL J. KANTNER, Def'endant . . : CIVIL ACTION. IN DIVORCE COMPLAINT IN DIVORCE 1. PIalnWT Is Shannon Lee Kantner, an adult Individual, currenU,y residing at an undlscloeed location In Cumberland County, Pennsylvania. 2. Defendant Is MIchael James Kantner, an adult Individual, currenU,y residing at 24 C1earvlew Drive, Lebanon, Lebanon County, Pennsylvania. 8. PIalnWT and Defendant are bonafide resldenta of the Commonwealth ofPennay1vanla, and have been 110 for at leaat six months immediatelY previous to the IUIng of this Complaint. 4. PIalnWTandDefendant were married on March 16, 1990 In Lebanon County, Pennsylvania. 6. There have been no prior actIona for divorce or annulment between the parties. 6. The Defendant Is an active, fuIl.tlme member of the Pennsylvania National Guard, a bl'8l1Cb of the Armed Forces of the United States of America. 7. The PIalnWThaB been advised of the availability of c:ounaellng and the right to request that the Court require the part1es to partlclpate In counaellng. Having prevloual,y attempted counaellng and knowing the current availability of counaellng, the PIalnUff does not dealre that the Court require the part1es to part1cIpate In counaellng. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties have llved lleparate and apart since October 12, 1996 and continue to Uve lleparate and apart as of the date of this Complaint. 10. The partles'lI1lII'riage Is Irretrievably broken. 11. PIalnWT dealrea a divorce baaed upon the benef that Defendant will, after 90 da,ylI ffom the date of the f1lIng of this Complaint, consent to this divorce. '. "-~. ...->. ... ,,-, WHEREFORE, Plalntifr requests )'OIIf Honorable Court to enter a decree In dlvorce. COUNT D . ALIMONY, ALIMONY PENDENTE LITE. AND COUNSEL FEES 12. PlII'8llI'llpha 1.11 are Incorporated herein by reference as Ihet forth In their I\dI text. 18. Plalntifr Is unable to provide for, or all'ord her counsel fees, ezp8111e8, and coete during the pendency or thIa divorce action, and through lla resolution. 14. Plalntifr Is without lIII1lcIent property and otherwlae unable to l\JIA""'AIl,y support hel'lll!lf and chUdren. 115. Defendant Is presently employed and receiving subalantla1lncome and benefila and Is able to pay for counsel fees, ezp81U1el1 and c:oeta, as well as alimony, and alimony pendente Ute for Plalntifr. WHEREFORE, Plalntifr requests your Honorable Court to enter an Order requiring Defendant to pay for Plalnwrl counsel fees, ezp811lH!8, and costa, as well as providing for pe,yment of an appropriate alimony and alimony pendente Ute for Plalntllt COUNT ill . EQUITABLE DISTRIBUTION 16. PlII'8llI'llpha 1.15 are Incorporated herein by reference as If set forth In their I\dI text. 17. PlalntllT and Defendant are joint owners of various Items oC real property, pensonaJ property, I\1mIture, and household CumlahingB acquired during their 1IIIIITlage, which are subject to equitable dIatrIbutlon. 18. Plalntifr and DeCendant have Incurred debla and obUgatlolll during their 1IIlIJ'riage, which are subject to equitable dlatrlbution. WHEREFORE, Plalntifr requests your Honorable Court to enter a decree equitablY dividing the partlee' property and equitablY apportioning the debla Incurred by the partlee. Respectfully lubmltted, LAW OFFICES OF RON TURO 1\- 7-. c:..,5 Date -j;;t ~ (J..~.l - y?y-'~ avid J. spot~ Eeq 32 South Bedford Street CarUale, PA 17013 (717) 245.9688 Attorney Cor PlalntllT , . . . VERlFlCA110N I verilY that the statements made In the foregoing Coa:plalnt IIlll true lUId correct. I undentand that Calle statements herein made IIlll eulllect to the penalties or 18 Pa.C.S.A. 1400. relating to IIIIIWOI'Il flolo1lWtion to authorities. G- fb..., /q 'l5 Date ~.- j/J. ShilDnon 1.. Kantner 'fV',t...,.,.io>o:,~,_',,;",,;;;;:,~J." i::>--'-'_';:'-"';'''<~;'';-''~'''_-:'-'&i~~--''-';''-- .. J L M<i ,I.M",- -"'.." ",' " .. . SHANNON L. KANTNER. PlalntUT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . : NO. 915- (, 3/0 CIVIL TERM v. MICHAEL J. KANTNER. Def'endant . . : CIVIL AcmON . IN DIVORCE pETlT10N TO PROCEED IN FORMA PAUPERIS SbaDnon Lee Kantner, P1aIntUT In the above titled ectlon, reepectfull,y requeeta this Honorable Court to grant her leave to ~I oceed In forma pauperia to the extent that she be reUeved of an c:osta attendant to this action. In IIUpport thel'lfOf. affidavits of the Petitioner and her attorney are attached hereto. Respectfull,y IIUbmitted, LAW OmCES OF RON TURO -1..1- ').- ""\7 Date ~(~~. ~ avid J. Spot squire 82 South Bedford Street CarUale. PA 17018 (717) 245-9688 Attorney for PetltlonerIP1aIntUT ~~~"",..~:--;-:>,- ~~:'; l.-i1~i~.;i;r~K - '-~""'m . . . . SHANNON L. KANTNER, Plalntlfl' : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : : NO. 96- (. 3/0 CIVIL TERM MICHAEL J. KANTNER, Defendant . . : CIVIL ACTION. IN DIVORCE AFFIDAVIT SUPPORTING PE1TI'ION FOR {.RAVE TO PROCRIm IN FORMA PAUPERIS THE PETITIONER, SHANNON LEE KANTNER, RESIDING AT AN UNDISCLOSED LOCATION IN CUMBERLAND COUNTY, PENNSYLVANIA, UPON AFFIRMATION STATES THE FOLLOWING: 1. I am the Plalntlfl' In the above-tltled clvl1 cause oC action and the DeCendant I.s MIchael James Kantner. 2. ThIll Affidavit I.s made to Inform the Court u to my statua oC Indlgency and to Induce the Court to IlJ'8IIt me leave to proceed In thla cue an indigent. 3. In making this Affidavit, I am aware that perjury I.s a Celoll,)' and that the p"ni.hlllent I.s a fine oC not more than $3,000.00 or Imprlaonment Cor not more than seven years or both. 4. I do not have any money on my person, at home, or elsewhere which would be used Cor the ezpenaea oC thla proceeding. 6. I do not own real estate, personal property, or any other _ta. I am not owed any amounts oC money by any person. 6. M.Y husband, Michael James Kantner, presently resides at 24 Clearvlew Drive, Lebanon, Lebanon County, Pennsylvania. He I.s 41 years old A. I last lived with my huaband on October 12, 1996. B. M.Y husband I.s employed Cun.time by the National Guard and does own automobiles and a home. I do not have information or knowledge oC any other money, personal property, or _ts oC my huaband ",""~'.'.b. C. An IICtlon Cor child eupport is pending through the Cumberland County Domestic ReIaUOII8 0ClIce with the aaaiatance oC Lepl8erv1ces, Inc. 7. I have one child: Justin David Kantner, who was born on May 7. 1988, who resides with me. 8. Ezcept Cor one weekend a month, I am preeently unemployed or underemployed because the care oC m.y one ;young child requires m.y preeence at home. I lut worked at the Veteran'. Adm1niatraUon HoepltaJ in Lebenon, Pennaylvanla. I am currently seeking pllI't.time work that is compatible with m.y chIldcare reaponaibllities. 9. My aoclaJ security number is 163-56-9057. 10. I have the Conowing monthly income: $199.00 per month, gross, from the National Guard. 11. Due to m.y uncertain living lIlTlIIIgl!menta, It is Impoulble to IICC\II'lltely determine m.y current monthly 8Zpe11ll88. A. Currently, m.y rent is resolved by m.y providing in.kind services Cor living quarters. In return Cor a place to live, I cook and clean and perform various other household chorea. B. I have one child, Justin David Kantner, age 7, who is dependent upon me Cor eupport. C. Currently, I have use oC a motor vehicle owned by m.y husbend, but I am responsible Cor all maintenance and other coate lIlIlIOclated with this vehicle. D. Due to m.y fmancial situation, I have applied Cor public assistance and I am receiving emergency Cood stamps. 12. My husbend and I have maintained a checking account throughout our marriage, but I no longer have independent acceas to this account. 18. I do not own an automobile. 14. I understand that I have a continuing obligation to inform the Court oC Improvement in m.y financial c:lrcwnatences which would permit me to pay the coate incurred herein. 15. I verifY that the lllatements made in this Affidavit lI1'e true and correct. I understand that CaIse lllatementa herein are made eubject to the penalties to 18 Pa. C.SA 14904, relating to unsworn Ca1aifIC8t1on to authorities. . . WHEREFORE, Petitioner prays that thIa Honorable Court Jlive Petitioner 1eave to proceed In l'onna pauperllln the above-tltled IICt.Ion without fee 01' COlIta to the Petitioner. 'J. hOu Jq q.s Date SL JIJ. .~\. Shannon Lee Kan __,,,,,,,,,,,,,,~,,,,,,,,,~ --,;-:;'1_,' ;;-?,~t',: . . , ; SHANNON 1.. KANTNER, Plalntlll' : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA v. . . : NO. 915- CIVIL TERM :MICHAEL J. KANTNER, Defendant . . : CIVIL ACl'ION . IN DIVORCE A'ITORNEY'SAFFIDAVlT SUPPORTING PET1TION FOR J.l1!A.VE TO pRllC'!F.1I!n IN FORMA PAUPERIS I, DAVID J. SPOTl'S. ESQumE, OF THE LAW OFFICES OF RON TURO. A'rl'ORNEY FOR THE PARTY PETITIONING TO PROCEED IN FORMA PAUPERIS, CERTIFY THAT I BELIEVE PETITIONER IS UNABLE TO PAY THE COSTS OF INSTITUTING TIDB ACI'lON AND THAT I AM PROVIDING FREE LEGAL SERVICES TO PETITIONER. PLAlNTlFF'S AFFIDAvrr SHOWING INABILITY TO PAY THE COSTS OF LITIGATION IS ATI'ACHED HERETO. Respectfull3 submitted, LAW OFFICES OF RON TURD 11- 'J - "'\5> 12~~~~ 82 South Bedford Street Carlla1e, P A 17018 (717) 245-9688 Attorney for Pet1t1onerlPlalntlll' Date q; " ..., ~ ~ . ' . - - > :!i! . . tR' - 5, ...' #' ...... ...... ~:z:.> "'-::JI04. .......~I "Oa;::-.; -=oo~ a...:z:~ C?ti~)o. Qa:::-,tA. 1&Jc.Q:Z ~1tJ~~ ~::1:z.D.. 1-", :tu ...., ~;.. . ,-.-.-,-:;, '- . , .~,;'.,-~'- ";';"" _'~~~A:>'.. '.'. ._-k,," --'.. .... , -.. J1 "i" SHANNON L. KANTNER Plaintiff V. MICHAEL J. KANTNER Defendant : IN 'DIE COURT OF COIHlN PLEAS : CUMBERLAND COUNrY, PENNSYLVANIA . . : NO. 95-6310 CIVIL TERM : : CIVIL ACTION-IN DIVORCE PETITION OF 'DIE COURT 1. In response to the Complsint in Divorce in the Court of COOIIlOn Pleas, Cumberland County, Pennsylvania, Case No. 95-6310 , Civil Term, Civil Action - In Divorce, SHANNON L. KAN'mER, Plaintiff v. MICHAEL J. KANTNER, Defendant, the Defendant, MICHAEL J. KANTNER currently resides at 24 Clearview Drive, Lebanon, Lebanon County, Pennsylvania and has so resided Ilince October 1984. 2. The plaintiff, SHANNON L. KANTNER has been a resident of 24 Clearview Drive, Lebanon, Lebanon County, Pennsylvania since December 1989. 3. Plaintiff and Defendant were married on March 15, 1990 in Lebanon, Lebanon County, Pennsylvania. 4. On October 12, 1995 the plaintiff left her residence at 24 Clearview Drive, Lebanon, Lebanon County, Pennsylvania and is currently staying with relatives in Carlisle, Cumberland County, Pennsylvania. 5. The plaintiff does not maintain a residence in Cumberland County, Pennsylvania and has never been a resident of Ctunberland County, Pennsylvania. 6. The defendant requests that this Complaint in Divorce be refused by the Court in Cumberland County, Pennsylvania since neither the plaintiff nor the defendant are residents of Cumberland County, Pennsylvania. 7. In the event that the Court in Cumberland County, Pennsylvania does not refuse this Complaint in Divorce the defendant contends the parties marriage is not irretrievably broken. 8. The parties have not previously attempted marriage counceling. 9. The defendant is an active, full-time member of the Pennsylvania National Guard, a branch of the Armed Forces of the United States of America. 10.. Counceling services are available through the military or through the pastor of Faith Baptist Church in Lebanon, Lebanon County, Pennsylvania where the parties regularly attended prior to October 12, 1995. 11. The defendant does not desire and does not consent to this divorce. 12. The defendant desires that the Court require the parties to participate in counceling. 13. The defendant requests your Honorable Court to refuse to enter a decree in Divorce. . i , \ "': '1 .,~,,-..'" . ,- ':.' '-:, '",":\ .:'",_., :. '.,....:..'; '.,;.~~~.;;-~~",~:'~;;....o",,,;;>,,,,",...'.,; ",:'~;'~-4\i.~~.;~-.:~~,-,":..*t;t~.'f~j,\_ . ..." ~ -~ . IN DEFENSE OF COONT II - ALOONY, ALOONY PENDENTE LITE, AND COUNSEL FEES 14. Plaintiff was employed by the Veterans Administration Hospital, lA!banon, Pennsylvania \D'Itil October 12, 1995 when she vol\D'ltarily terminated her employment. 15. Defendant is the father of 2 male children namely CODY MICHAEL KANTNER, age 19, and MATDIEW JU!:'J!l(! KANTNER, age 16 from a previous marriage and who dwell with him at 24 Clearv1ew Drive, lA!banon, lA!banon County, Pennsylvania. 16. Defendant provides sole financial support and livelyhood for CODY MICHAEL KANTNER and MATIHEW JJ:;lfl'J!l(! KANTNER as well as all debts, responsibilities and obligations of the fsmily residing at 24 Clearview Drive, lA!banon, lA!banon County, Pennsylvania. 17. Defendant has prepared this response to the Suit by the Plaintif because he is unable to afford counael fees for himself in this matter. WHEREFORE, Defendant requests your Honorable Court to refuse to enter an order requiring defendant to pay for plaintiff's councel fees, expenses or costs and to refuse alimony and alimony pendente lite for the plaintiff. Respectfully submitted, 110 V ('fAt bf>r date If, /99r , C!~~ANr ::: ... N ("\.I _I!:; :;;0: ~ ~... .c... ;!:rc t:4.'~'" k:~8~ "-'2.:Q;: '?t-;c ~...1 Qc....~ wtt:..,,,, ..JQ..g:Z .-;: ~~:~ I~':a.a. .~::a ",'" ..0 .- .... SHANNON 1.. KANTNER. PIalnWl' : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. . . : NO. 911-6810 CIVIL TERM . . : CIVIL ACTION. IN DIVORCE MICHAEL J. KANTNER, Del'enclant AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I eerveda cerW1ed copy of the Complaint In Divorce lIIed In the above captioned c:aae upon MIchael J. Kantner, by c:ertlIled ma1l, return receipt requested on November 8, 19911 ad~ to: MIchael J. Kantner 24 Clearv\ew Drive Lebanon, PA 17042 and MIchael J. Kantner did thereafter receive same 81 evidenced by the attached Poet OOlca receipt card dated November 6, 1995. lVERlFYTHATTHE STATEMENTS MADE IN THE FOREGOING AFFIDAVlTOF SERVICE ARE TRUE AND CORRECT TO THE BEST OF m KNOWLEDGE, INFORMATION AND BELIEF. I UNDERSTAND THAT FAIBE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PAC.S. SECTION 4904 RELATING TO UNSWORN FAIBIFICATION TO AUTHORITIES. LAW OfflCES OF RON TURO ;). \ N cJ-/ ~S Date Jj~ David J. Spot uIre 82 South Bedford Street C8rUale,PA 17018 (717) 245-9688 Attorney for Plaintiff ~ . >- ;c..... ~t: a..;>';.+tu~.~ CD ,u<'~'" "" .::-?~';; l&. t;;~l:,)ci __ ,oi!:P> ',.' t e;f:'-' Qu::-.J)o... ~o..it~ i;:~~:; ...xQ.. ...=> "," - C'-.I ... ~ . ~ .J";:~~:ljLJ1jnu~~'" ~". -,: --. " ") '.~.,\cf":-..~"9t"I'!"'":-r"'.',"" I"'.""...... ..... "'.'. ".'^'.".'.'.'''..'~.....'~... "~ ..':it: .u. 'l.:"i!,/j?;,,'.c,'."2 , __...._...........iIi.i...~: ", ....;,'. ':' .. t '-.., -:.. _ ",_,-;.. - -....... ...~'- ,;.'.. .~.: .l!it'"'"'....~!I'....._...... . , '"_.' ,..,l.,,,,:\,,.. ',:. _ ... .~. ':.' '>. __ _, .: ,'- .- ..' :' ... Ii..- . ........................- ..-..-..--..........- .. '1".~' t . ~ ,.1 .I," .........ta'.~_>' tGIo:~jfOr 8IlsM':tf: .ftiti::':<'~'~_:~',:.:-' ,;",.', '.___L'~;_ :~ 1. IJ A4.rt,f'i~:i'. . "I: IJIl..trl~':~~~~ : ~'D6'1 673 636 ~ Receipt for Certified Mall _ No Inlurlneo Covorogo P,ovldod ....,,:0 00 not use for International Mill tSee Reve,... .. . '" Q(. :r. ltItr i (A.O .Driv'" , ~ ...- $ 5'5 .,0 Cefldll'dfH ~~,f.. ""'''KI", OIl.......y r.. I ".MnRecI'OOI5hofollflQ 10 Whom . 0.,. ~ed ~ I "-,,,u, AK",' SI'ochWIQ 10 WMrn. 0.1., and Addf.,.... Addr." ,,, 'orAL PoIt.tQe l .. ... $ Pot'",," Of 0.,. ! IIla/q 5 If - "'-I :0- ~ ~ ~ - if: Q) ,., ~t: Id~:I:' U(,,;:1-, .:::C .o~ . OUoq ...::rQ> ?t-Z-' QC..,r.)oo klf-JCI) -I "":Z: _....,laJ:I: k. :z:"::tlU ...."'... .....=> 0" - ,.;'...-.'.' .~ - . . -'. ,<--' .';~,J~" ':"ii'~ ._ ~_'l- . , . . SHANNON L. KANTNER, PlI1ntlfl' : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. . . : NO. 9H810 CIVIL TERM MICHAEL J. KANTNER, Defendant . . : CIVIL ACTION. IN DIVORCE AFFIDAVIT OF CON8ENT 1. A Complaint In DIvorce WIder 8ectIon aaOl(c) of the DIvorce Code wu flied on NOYeIIIber , 2, 19915. Co "1 " f{~ ~, . . V! (;,- ,r'. ~. (" r.l, . ~,. :;.- , '~. The IIIIII'riage of Plalntlfr and Defendant Is Irretrievably broken and ninety (90) days have . ;elapled ~ the date of the filing of the Complaint. . . a. I consent to the entry of the 8naI Decree of DIvm:e after service of notice of intention to ." ~ 'request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORlTIES. ,.., Ju~ fc, Date ~~~ Shannon L. er '-'" H _. , I CD ~~ - .. .:r x: Q., i' ,~ 0'1 - I!J ~ ~ ts 1.0 0'1 , "" , . , "- ,', . r: r' (' , . n .. ~' f ~ .' ... I ..... (, l':"'-""~Jf__""~';':>4"""",,,,"'~""""'~ , .. - '" ~ . , -.;.:.~-~-~ J .... . SHANNON 1.. KANTNER, Plalnwr : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. . . : NO. 915-6310 CIVIL TERM MICHAEL J. KANTNER, Defendant . . : CIVIL ACTION. IN DIVORCE . ~ -.. AFFIDAvrr OF CONSENT J . :1. A Complaint In Divorce under SectIon 8S01(c) of the Divorce Code was fI1ed on November , 2, lOOtS: 2. The marriage ofPlalnwrend Defendant Is Irretrievably broken end ninety (90) days have eIapeed from the date of the lI1lng of the Complaint. 8. I COII8ent to the entry of the flnal Decree of Divorce aIler lII!l'Ylce of notlce or intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAvrr ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. }tzMJ//31 / '1 f (' Date / I ~~d? /~t~ MIchael J. Kantn r "''\",,;'-''';,' ',,' "-,' ....,.,.-, ., " . '- , ,. ~ co i;; '" .. g~ I~ .::r :c a.. ~I a! C7\ '. u. ~ - :s ~ .., l5 \Q C7\ ,. !': t~ c...', ,. . ,," ~ '-." . u' ,-' , '. .~ , . . . . , ; '" SHANNON 1.. KANTNER, PlalntIIT : IN THE COURl' OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. . . : NO. 9H810 CIVIL TERM MICHAEL J. KANTNER, Defendant . . : CIVIL ACTION. IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 830lCel OF THE DIVORCE CODE ,.J 1. I COIIIent to the entry of a fina1 decree of divorce without notice. 'e 2. I understand that I Ill&,y lose rights concerning a1Imon,y, dIvIaIon of property, lawyer'. feel .. or expenRlIlC I do not claim them before a dlvoree ill granted. 8. I understand that I will not be dIvoreed untU a divorce decree ill entered by the Court and that a eopy or the decree will be sent to me immediatelY after It ill med with the prothonotary. I VERIFYTHATTHE STATEMENTS MADE INTHIB AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. SEemON 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHOlUTIES. 17 :Jl.N\J2- q b Date ~:f:/~. Shannon 1.. Kantner ~ en >- ~~ 1m .. .::r :c Q.. 01 ~ en i If - s ~ ~ \C en . . . . ~ ~;!'~' '~-'l ,-':J-,".?i'. ; ~.'_!'M . '"-' -~"~;;;":;:;':~.xlii::l:':i:'.' ~. . . ~ . ... ", 1'- I. , (' . ~: Ii'. , I ...~ . SHANNON L. KANTNER, Pl8Inwr v. MICHAEL J. KANTNER, Defendant 'j .' ~. ~ " ') ;".T ..:.".."'....'.I~....,' , . . ... " . ) , : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY', PENNlM,vAN!A . . : NO. 9H810 CIVIL TERM . . : CIVIL ACTION. IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECI'ION MOUe) OF THE DIVORCE CODE " I conaent to the entry oC a final decree or divorce without notice. ,J 2i I understand that I may Jose rights concerning alimony, dlvlalon oC ptope. t,.,lawyer'. C_ , r,.. -. ,Or npeD.e. If I do not claim them beCore a divorce Ie granted. .....- '... .~, ~8. I undentand that I will not be divorced until a divorce decree Ie entered by the Court and that a copy or the decree will be lIeDt to me immediately after It Ie med with the prothonotary. I VERIFY THAT THE STATEMENTS MADE INTHIB AFFIDAVlT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C,S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. YYkU1/ /3/ /~16' Date / . 9Jk4 KM'eA~ MIchael J: Kantner /' ;-.~ ':. -;. '. .:;~ " ~ . ~ en ~I - I~ .. .:r :c .. Co il ~ C'\ - " .- ~: ~ ~ t5 l,D .<7\ ~ , .-> ,?-: -.'" f , ~ , . . , . . . .., .J SHANNON L, KANTNBR, Plaintiff IN THB COURT OF COMMON PLEAS OP CUMBBRLANDCOUNTY, PBNNSYLVANIA CIVIL ACTION - LAW I I I I I I I NO, 95-6310 CIVIL TBRM v. MICHAEL J, KANTNBR, Defendant ORDBR OF COURT AND NOW, this Z,tt.day of June, 1996, upon conBiderationj of Plaintiff's Praecipe To Transmit Record, and it appearing that the Defendant's ~ffidavit of consent was filed more than 30 days after its execution, a divorce decree will not be entered at this time, without prejudice to the right to file a new praecipe to transmit the record after correction of the deficiency. BY THB COURT, ~. David J. Spotts, Bsq. 32 South Bedford Street Carlisle, PA 17013 Attorney for Plaintiff _ ~ IT"'; D<t(. (p1.J.'lltfiD. ."A.-r. Irc \~\'V^lJSNN3d .l1N"('I~ (1' ,vl':I?ar~nO OS :0I1l~ LZ lmr 9& ,., 'llL ~o ^bf\/H;I\~~nJV:~ :.1t' 3~l:l::o-a::lll:J ..~ ~., ~~~':'"4.''''''',., ........!....:o-,~~_ " , SHANNON L. KANTNER, Plalntlf1' : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNT'{, PENNSYLVANIA v. . . : NO. 915-6810 CIVIL TERM MICHAEL J. KANTNER, Defendant . . : CIVIL ACTION. IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: TransmIt the record, together with the following Inf'ormatlon, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 8801(c) of the Divorce Code. 2. Date and manner oherv\ce of the Complaint: Cert1l1ed mall on November 8,1995, return receipt (1Ierv\ce verified by receipt dated November 5, 1996). <' 8. (a) Date of execution of the Affidavit of Conaent required by SectIon 8801(c) of the :.,. Divorce Code: By Plalntlffi September 4, 1996; By Defendant: August 19, 1996. (b) (1) Date of execution of the Plalntlfrl Affidavit Required by SectIon 8801(d) of the Divorce Code : N/A (2) Date of 1Ierv\ce of the Plalntlfrl Affidavit upon the Defendant: N/A 4. Related cIaIma pending: None. Separation and Property Settlement Agreement of June 17, 1996 Incorporated herein by reference. 6. Indicate date and manner of 1Ierv\ce of the notice of'lntentlon to file praecipe to tranamlt record, and attacl1 a copy of aa1d notice under Section 8801(c) of the Divorce Code. Waiver of Notice algned by Plalntlf1' on September 4, 1996 and Defendant on August 19, 1996. ~~~* avid J. B ttl, uIre Attorney for Plaintiff ~ 0 ~ - 7... .. ~ r - 3f "". - c .... ~. Q. '~::5 f: N ~.>- CL ii -L' a.. f5 r! w UJa. en ~ ' 11. l.O C 0'\ ... '. . ...4 _.~ 'r . -. '-'-'of: ;~~,(,-~"""..""'" , '"lil"'>:"':;:'", ,: . . . SHANNON L. KANTNBR, PIllnUfl' : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 95-6810 CIVIL TERM MICHAEL J. KANTNBR, Defendant . . : CIVIL ACTION. IN DIVORCE AFFIDAVlT OF CONSENT ,1. A Complllnt In Divorce under Section 8801(c) ortbe Divorce Code WlIII ftled on Ncwember 2, 1995. r' 2. Tbe marriage orplalnUfl' end Derendant Is irretrievably broken end ninety (90) day8 have eIapeed from the date or the fl1Ing or the Complaint. 8. I conaent to the entry or the fIna1 Decree or Divorce after lIeI'VIce or notice or intention to '. requlllltentry or the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVlT ARE TRUE AND CORRECl'. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORlTIES. , ' " ~/~ /.? f(' t!/~ /{q,P'( MIchael J. Kan ~ IQ ,L, c ~ r!=~ Co' r:c "- H. r.f t3 - , Q. W en l.O ,en , .'.'c..."...,....,.' ~.u.~.....,.~..,<h.~~,._. o 6 S~: Q;;:i ~~ ~ ~) - :tJ~ GlI:I:: ~ .. - :c .... N .,....-.,."'-"';..--- ".' :-,;~}:~_:~ ,:/'"'- "~'..:'."\"~' $,;1' '._'.~ :.....,., .'~' :,' !:.2.;,;;.;~-.;" . . '",,"';; ..L...;... i'" <'[~~~f~t',iff.Jfcl~: . . . ~_./'~"'-"'.A..~.~_-~" ,.~ !rw..~JR:~".:~r -'-,",-:--'" ,>,--"",,--,- ,,, , _",N_,.,'"....;....'~,:-L'4'-~.-r_ _.. ....# . SHANNON L. KANTNER. Plalnwr : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : : NO. 96-6310 CIVIL TERM MICHAEL J. KANTNER. Defendant . . : CIVIL ACTION. IN DIVORCE ) AFFIDAVIT OF CONSENT 1. A Complaint In Divorce under Section 8S01(c) of the DIvorce Code wu filed on November 2, 1995. 2. The marriage of Plalnwr end Defenclant Ia 1rretrievabJ,y broken end ninety (90) daya have eIapeed fi'om the elate of the fi1Ing of the Complaint. 8. I COIIIeI\t to the entry of the final Decree of DIvorce ef\er eervIce of notice of intention to reqileat entry of the decree. . I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORlTIES. tl ~ 1'7'~6 Dete ~ ~ if /c-J.... . Shennon L. Kentner ,-"....,..,~ ~.. ."" ,......, , .:\ 'lJ" ". ~ Q ~. - I~ .. g~ - ::t: Q., ~i '"J'* f '" ." ~- LJ fri i:!: en ~ !:!l u:l c'\ '," -, i '~. -:' ~ r '. ._:~ '- .,.,:,.2~::~~~l~~!l~~J,~~;~J:i~'T"='\""'~1",' 'J~~~2:_.~,:",. ( r;, ~ . . ..... . SHANNON L. KANTNEIl, PIaIntlll' : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY', PENNSYLVANIA v. . . : NO. 91HlSI0 CIVIL TERM MICHAEL J. KANTNEIl, Defendant . . : CIVIL ACTION. IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 830l(c) OF THE DIVORCE CODE L I consent to the entry or a Ilnal decree of divorce without notice. 2. I undentand that IIDI\Y lolIe rights concerning allmon,y, cIivIsIon of propetty, lawyer'. fees OJ' expeIIlIlllIlC I do not claim them before a divorce is granted. 8. I understand that I will not be divorced until a divorce decree Ie entered by the Court and that a copy or the decree will be sent to me immediately after It Ie rued with the prothonotary. IVERlFYTHATTHE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE AND CORRECl'. I UNDERSTANDTHAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. c.s. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. '. , : " ~/~ 19 tit ?JJ~ JL/k/J MIchael J. Kantner I fr. Cl ~. ,.:: .. r - g~ ~~, :>:: ( ;e F ~ o;:i -".>- N '~!9 (, ~~ t:!.. !~' . n. fi1 r-: w ~ v.l I' u:> a c en -- ? -, . . . ;. . SHANNON L. KANTNER. Pla1ntll1' : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. . . : NO. 95-6810 CIVIL TERM MICHAEL J. KANTNER. Defendant . . : CIVIL ACTION. IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 8301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notlc:e. 2. I understand that I IIIl\Y lose rightJJ concerning alimony, dIvIalon of property,1aw,yer's f_ or ~ If I do not claim them before a divorce 18 granted. 8. I understand that I wiI\ not be divorced unill a divorce decree Ie entered by the Court and r- _ _ that a copy of the decree wiI\ be sent to me immediatelY after It Ie rued with the prothonotary. . L. I VERIFYTHAT THE STATEMENTS MADEINTHI8AFFIDAVlT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORlTIES. t/ ~ /9'lh Date . ~~ , ~ 0\ ~ 0 II .. ::;!~. - :!l: 8~ c.. ~~.. tt N ~'- fu Fe roo. en ~ lL \I) 0 a> u . . . \~"""",,""-" '"-....'';.'''...,,-"~ "".:o;.'~-"".'---~- .....~--_. ,.>._~-"""",.-"..,.,.~,.-_.".-.--~. . ....,........_-,- PRAECIPE FOR ENm OF APPEARANCE SHANNON L. KANTNER. Plaintiff VB. MiCHAEL J .~TNER, Defendant of;. . Spitler and Kilgore " , III THE COURT OF COM MOil PlEAS OF Cumberland ,CounttEIlIlSYLVAIlIA CIVIL ACTIOIl LAW roo 95-6310 TO NOTHOIlOT..Y OF SAID COUIlTY; SIR, Please enter the aplU'anc:e 10', Individual or Law Firm 522 South Eighth Street, Lebanon, Pennsv1vania 17042 whq~e a~dress is as Attorney (s) for Michael J. Kantner, the Defendant Dated December 7. 19 95 in above captioned case. ~ c? d-61f' Signature 59222 10 /I I. I 1-_ [f(t'1\. 6. wa30' V56 , . , ;) (0 -..5 r- I l'Il r- l(, - "' .",~ ...."': "'.. ~., ,..'-;,_...,_.'."".........'-~;,"-_,'.",.._~'<O:(i:.._.-_'0':,.:~{i'fe,;,t,'t~"P~"'!;t~~~ if - i II ~ ~ ~i a 511 I /Xl I U W C &n . Cl' I~ : m~ ~ ~ a ~ 3~ 10< ~~=- CfI> ~ . ~B~ .... ... !2!:: j! g .... e 6~E Ill'< I ... .... Ii o -12: ~~ = j ..,~s w~ ~ I 10< t:; ~l'<~ 00< I~~ ~i~ . i~I :- 0 . . .... ~.., 8 e; ...l .., C'l '" .., 12: ~ I ~m !~ 0 lI'l 8 0\ . !i! ill l'<~ ......, fI> SPITLER and KILGORE '22 South Eishth 511'"1. I), O. ISox 1181 Lrb,mon. Ptnn.ylvanj. 17042 (717) 27).7621 ~ _11 ~ ..- ... SHANNON L. KANTNER, plaintiff . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUN'l'Y, PENNSYLVANIA CIVIL ACTION- DIVORCE NO. 95-63l0 ; v. MICHAEL J. KANTNER, Defendant PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT AND NOW, December, 1995, Michael J. Kantner, Defendant, files these preliminary objections to the Plaintiff's complaint in the above-entitled matter and assigns the following grounds: OUESTION OF VENUE Defendant, Michael J. Kantner, prays the Court to transfer this case from Cumberland County to the COUrt of Common Pleas of Lebanon county, pennsylvania, because of improper venue in Cumberland County based upon the following: 1. As appears from Plaintiff's complaint, Michael J. Kantner resides at 24 Clearview Drive, Lebanon, Lebanon County, pennsylvania. 2. As appears from Plaintiff's complaint, the parties were married in Lebanon County, Pennsylvania. ". I "'" 3. The parties' marital residence is located at 24 Clearview Drive, Lebanon, Lebanon county, pennsylvania. 4. Plaintiff initiated the parties' separation by leaving the marital residence on october 12, 1995. 5. In Count III of Plaintiff's Complaint, plaintiff prays for the equitable distribution of the parties' marital property, both real and personal. 6. Under PA R.C.P. 1920.2 an action in Divorce may be brought in and only in (1) the county in which the Plaintiff or the Defendant resides, or (2) upon which the parties agreed (i) in writing which shall be attached to the complaint, or (ii) by partiCipating in the action. 7. Plaintiff's alleged causes of action arose in Lebanon county, not Cumberland County. 8. Venue does not lie as to the Defendant, Michael J. Kantner, in Cumberland County under the pennsylvania Rules of Civil procedure, but properly lies in the County of Lebanon. ~,~~~~"_..,,.,:jl..r.tI",'JU1ji:11..I': .~, ~~";~~~'~>hJ'N""-",_;",, ~.,..~...,~ '~~~":~"h.....:w.-...,;-,~,.;)~,~~~~#l~,i~ --.f ~ ..-""-,.' " " .;oil: .. ~~~-,,~~ ~ Wherefore, Defendant, Michael J. Kantner, respectfully requests that the Court find that venue does not lie in Cumberland County and requests that this action be transferred to the Court of Common Pleas of Lebanon County, Pennsylvania under PA R.C.P. 1920.2(c). Resp~ctfully Submitted, BY: KILGORE t?~ Ellen o. wargo, Es re I.D. Number 59222 Attorney for Defendant 522 South Eighth Street P.O. Box 1188 Lebanon, PA 17042 (717) 273-7621 .. --; .. .. . . COMMONWEALTH OF PENNSYLVANIA COUN'n' OF LEBANON ) ) SS. ) MICHAEL J. KANTNER, being duly sworn according to law, deposes and says that the facts set forth in the Preliminary Objections of Defendant to Plaintiff's Complaint, are true and correct to the best of his knowledge, information and belief. ~ I!~~ chael J. Kantner Sworn to and subscribed before me this ~ day COf ~.o~_I.e.'- '. 1995. ~ ~~.~ Notary P X c Lir" , PauIn JJ: lr Mye, '.'~ I' <;":'lNF'ttlo l;,,"J,fn:/ ,)~';.Jl!.:.1991 , ~".. I /" Pau.1J}=~Pt.bIo ,<, ~lolr>llClI'!<'U1.Y , ", eom.",...", e.;:lWJ..:y 7. 11lW PRAECIPE FOR LISTING CASE FOR ARGUMENT (tbIt be typewritten and BUbnitted in dUll] l("ete) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within IlllItter far the next ArgIJnent COUrt. --------------------------------------------------------------------------------------- CAP'nON OF CASE (entire caption ll'UBt be stated in full) SHANNON L. KANTNER, (Plaintiff) VB. MICHAEL J. KANTNER, (Defendant) No. 6310 Civil - Divorce. 19 95 1. State IlllItter to be ugued (i.e.. plaintiff's nDtion far new trial, defendant's dera.I:aer to cmplaint, etc.): Defendent's Preliminery Objections 2. Identify counsel who will ergue case: (e) far plaintiff: Dsvid J. Spotts ~: 32 South Bedford Street Csrlisle, Pennsylvania 17013 (b) for defendant: Paul W. Kilgore ~: 522 South Eighth Street P.O. Box 1188 Lebanon, Pennsylvania 17042 3. I will notify all parties in writing within two days that this c:ese hils been listed for lIrg\IlIeIlt. 4. ArgI.ment Court Date: March 6, !lIItech I .' ~ " j Ln ~ M ~Q M 8~ 5 x: u~ ~~ a- 9.~ 3~ " "" \!) U- N 0:,,", :z:: tBm F= oe: ( a.. ..., a ~ .0 C'> \'. ~,.."i; c., ~ "" , ... h.~. Y.' .'i~: ...~,. '-~._'",'''' .^,.__.._..~_.,..._....~ , PRAECIPE FOR LISTING CASE FOR ARGUMENT (tuIt be typewritten and subnitted in dup1 icate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: P1CllSe list the within III!Itter for the next Arg\m!nt Court. ----------------~---------------------------------------------------------------------- CAPTION OF CASE (ent:iJ:e caption I1LISt be stated in full) SHANNON L. KANTNER, 0 u:> 0 ~ "'" 'fl" ,. (... m~ (Bl."l' :> li1 ::: ..~~J N .", 7t;,. '1--: \D ~ ~.r._ I ::2:H ..... -..' 2::: ;~C'1 ..... OJ;:l ~O - -" -- 1 ....~ - :=: .. ~ en ~ N (Plainttif) VB. KICHAEL J. KANTNER, (Defendant) No. 6310 Civil - Divorce" 19 95 1. State III!Itter to be argued (i.e.. plaintiff's IIDtion for new trial, defendant's denur.rer to caltllaint, etc.): Defendant's Preliminsry Objections 2. Identliy counsel who will argue case: (a) for plainttif: David J. Spotta Address: 32 South Bedford Street Carliale, Pennaylvania 17013 (b) for defendant: Paul W. Kilgore ~s: 522 South Eighth Street P.O. Box 1188 Lebanon, Pennsylvania 17042 3. I will oot:Uy all parties in writing within two days thlIt this case has been listed for arg\IlleIlt. 4. ArgIment Court Date: Karch 6, 1996 llBted: , Attorney for De . . .' .:', 'BWX JlRAEClrE ' SHANNON L. KANTNER. Plaintiff ".. MICHAEL J. KANTNER. Defendent '. 0::."_,.0 :..' IN 11IE COIlRT OF COHKON PLEAS CML ACTION LAW or CUMBERLAND COUNtY. JlENNmVAHIA 110. 95-6310 It 10 11IE PROTHONOTARY: ComDl~~~t !!}~~ on ne~ember 8. Pleese withdrew Defendent's Preliminary Ob1ections to Plaintiff'a Februarv 21. 1996 . 1995 without pre1udice. . 1 . , &./J,~ - ATTORNEY FOR IlEFEIlDANT I , . (i lr. <::) ~ ;:.!ii In '.. ~~ a. f3~ (' .... "-':-:i'" :c;: -- .... ::;)~ ~f, n: \.0 "~Sl? ..... N .":)::~ 1I:!,l~ I::l tum w t":"JQ. r- L... ...; l:5 1.0 ::; C" c.;