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HomeMy WebLinkAbout07-1071IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHRISTINE E. NENTWIG, No. 017 - /0'7/ 1 u ?? Plaintiff V. CHARLES J. NENTWIG, JR., Action in Divorce 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania 17013. PLAINTIFF HAS RAISED A CLAIM HEREIN FOR SUPPORT AND/OR ALIMONY PENDENTE LITE AND HEREBY DEMANDS THAT A HEARING BE SET TO DISPOSE OF SAID CLAIM(S). IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone No. (717) 249-3166 Anstine & Sparler A! ORNEVS Ar Law IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW CHRISTINE E. NENTWIG, No. Plaintiff V. Anstine & Sparler Anomvevsai ?w CHARLES J. NENTWIG, JR., Action in Divorce Defendant AVISO PARA DEFENDER Y RECLAMAR DERECHOS A Ud. Le han demandado en la Corte. Si Ud. Quiere defenderse en contra de los reclamos exponidos en las siguientes paginas, hay que tomar medidas prontas. A Ud. Le avisamos de que, si falte de tomar dichas acciones, pueden iniciar la causa sin que Ud. sea presente y que la Corte puede registrar una sentencia de divorcio o de anualcion en contra de Ud. Tambien se puede registrar unasentencia en contra de Ud. Para cualquier otro reclamo o compensacion que sea pedido en estos papeles por el demandante. Ud. Pueda perder dinero o porpiedad a otros derechos importantes, incluso la custodia o la visitacion de sus hijos. Cuando el motivo para el divorcio sea indignidades o el fracaso irreparable del matrimonio, Ud. Puede pedir aconsejamiento matrimonial. Se puede encontrar una lista de Aconsejadores Matrimoniales en la Oficina del Protonotario en Cumberland County Court House, I Courthouse Square, Carlisle, Pennsylvania 17013. SI USTED NO REGISTRE UN RECLAMO PARA ALIMENTO, PARA DIVISION DE PROPIEDADES MATRIMONIALES, PARA HONORARIOS PAGADERO AL ABOGADO, O PARA OTROS GASTO ANTES DE QUE SE CONCEDA LA SENTENCIA FINAL DE DIVORCIO O DE ANULACION, USTED PUEDA PERDER EL DERECHO DE RECLAMAR CUALQUIER DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO INMEDIATEMENTE. SI NO TIENE ABOGADO O FALTE DE DINERO PARA PAGAR UN ABOGADO, HAY QUE IRSE O LLAMAR POR TELEFONO A LA OFICINA SENALDA ABAJO PARA AVERIGUAR DONDE USTED PUEDA CONSEGUIR ASISTENCIA LEGAL. Oficina Del Administrador De La Corte Palacio De Justicia, Condado De York Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone No. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHRISTINE E. NENTWIG, No. 07-1011 6';V?CL rc. Ar*x Plaintiff V. , CHARLES J. NENTWIG, JR., Action in Divorce Defendant COMPLAINT AND NOW, comes the Plaintiff, Christine E. Nentwig, by her attorney, Andrew B. Brown, Esquire, of the law firm of Anstine & Sparler, and files this Complaint in Divorce of which the following is a statement: 1. Plaintiff is Christine E. Nentwig, who currently resides at 33 West Ontario Street, Unit 21-D, Chicago, Illinois 60610. 2. Defendant is Charles J. Nentwig, Jr., who currently resides at 405 West 15th Street, New Cumberland, Pennsylvania 17070. 3. Defendant has resided in the Commonwealth of Pennsylvania for a period in excess of six (6) months immediately preceding the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on November 10, 2001 in Roadtown, Tortola British Virgin Islands. 5. There have been no prior actions of divorce or for annulment between the parties. Anstine & Sparler AI OMEYS AI LAW 6. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the court require the parties to participate in counseling, however she declines said right. 7. The Plaintiff avers that the marriage is irretrievably broken. 8. This action is not collusive as defined by the Divorce Code. WHEREFORE, the Plaintiff respectfully requests this Court to grant a decree of divorce pursuant to Section 3301 (c ) or (d) of the Divorce Code. Respectfully Submitted, sti & Andrew B. Brown, Esquire Supreme Court I.D. 50513 Attorney for Plaintiff 117 East Market Street York, PA 17401 (717) 846-8811 Anstine & Sparler AIIORNEYS II L- VERIFICATION The undersigned verifies that the statements contained herein are true and correct; the facts and allegations herein are based upon facts given by the Plaintiff to her counsel and are true and correct to the best of her personal knowledge, information and belief, that the language of said Divorce Complaint is that of counsel and that she has relied upon counsel in making this Divorce Complaint based upon her information. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. stine Nentwig I Anstine & Sparler AnoaNersATLAw NO ar n 1 "Q O U) ~0 N w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHRISTINE E. NENTWIG, No. 07-1071 Civil Term Plaintiff V. CHARLES J. NENTWIG, JR., Action in Divorce Defendant j ACCEPTANCE OF SERVICE I, Charles J. Nentwig, Jr., Defendant herein, hereby acknowledge that I accepted a copy of the Divorce Complaint, filed on February 27, 2007 on 2007. Date: d C%wfes J. entwig, Jr. SS COUNTY OF L STATE OF PENNSYLVANIA On this, the 1 +4- day of C?V`C,` - , 2007, before me the undersigned officer, personally appeared e w 1 r- , known to me (or satisfactorily proven) to be the person whose name is su cribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF Notarial Seal Joye Matysek, Notary Public Spfigeftbuy Up., York Courity - My Cortmisslon Bores June 27, 2009 Iv my hand and official seal. (SE:\,) Anstine & Member, Pennsylvania Association of Notaries Sparler ATT-EYSAT AW - ?= r_rt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Anstine & Sparler AnORNEVS Ar Law CHRISTINE E. NENTWIG, No. 07-1071 Civil Term Plaintiff V. CHARLES J. NENTWIG, JR., Action in Divorce Defendant AFFIDAVIT OF CONSENT Cl) r_5 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on February 27, 2007. 2. The marriage of Plaintiff and Defendant is irretrievable broken and ninety days have elapsed from the date of filing and service of the initial Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to reauest entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them befQWAJ4WnrC1.P. j,-,granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to autho 'ties. Date Z,Za Q br&TATNentwig, Jr. ? ? rt = - ? ? ?-i ? t ? . `J 1 =;- . ` , ...? '.? ?_ ?s ? - r* .? ?? ?? t sa - k .r Anstine & Sparler AuoRNE,sxL , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHRISTINE E. NENTWIG, No. 07-1071 Civil Term Plaintiff ca -za v. C- CE3 t=s -?.? CHARLES J. NENTWIG, JR., Action in Divorce Cl) Defendant -? WAIVER OF NOTICE OF INTENTION TO REQUEST ?? N ENTRY OF A DIVORCE DECREE UNDER ' 43301(c) OF THE DIVORCE CODE w 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date O 1" 6 6s J. Nentwig, Jr. -n FE'S ? ii IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Anstine & Sparler AuoI NEYs A! LAW CHRISTINE E. NENTWIG, No. 07-1071 Civil Term Plaintiff V. CHARLES J. NENTWIG, JR., Action in Divorce Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on February 27, 2007. 2. The marriage of Plaintiff and Defendant is irretrievable broken and ninety days have elapsed from the date of filing and service of the initial Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before 1 r}14;-,-jQ?QH V ? U I g y arnnted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date `I k o -7 ' C - me E. Nen g (--7 t -.. om ' l ? n w J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHRISTINE E. NENTWIG, Plaintiff V. CHARLES J. NENTWIG, JR., Defendant No. 07-1071 Civil Term Action in Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER -43301(c) OF THE DIVORCE CODE I Anstine & Sparler A70WYsnr LAw 1. I consent to the entry of a final decree of divorce without notice. cj. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true'and'cbrrect. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date --I III k--? 6C ' ' e E. Nen wig - e5 iV Ln a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHRISTINE E. NENTWIG, Plaintiff V. CHARLES J. NENTWIG, JR., Defendant No. 07-1071 Civil Term Action in Divorce PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: 3301 (c) irretrievably broken 2. Date and manner of service of Complaint: Regular mail on March 15, 2007. Defendant executed Acceptance of Service on March 27, 2007 which was filed on April 5, 2007. 3. (Complete either paragraph (a) or (b): (a).Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code : by Plaintiff: July 11, 2007 by Defendant: June 20, 2007 4. Related claims pending: No claims raised in the pleadings. 5. (Complete either (a) or (b).) (a) Date Plaintiffs Waiver of Notice in Divorce was filed with the Prothonotary: July 31, 2007 (b) Date Defendant's Waiver of Notice in Divorce was filed with the Prothonotary: Jul 9, 2007 Date 311 w? Attorney for (P AINTIFF) A Spa 1 & AIIOr EYSArLAw C3 ^? O .: :? . ; . c-s ? {Y _ ? -r; ? ? r ? ? - , :: .? ? 07- 5'oa3 PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this 2 r L _ day of CL, )9 2007, between KRISTEN D. RHEN of 430 Woodcrest Drive, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as Wife, and GREGORY D. RHEN, of J i r -0JbPr0nJ1, M . Hbq , 1 .4 Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on 1994, in tkJbtCiA ; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland, Commonwealth of Pennsylvania, to Number 61 ^ ?Z-a3 , Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference° from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by 1 any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree. Husband avers that he has filed the Complaint in Divorce and will accept service of the Complaint on the same day as she receives it. After 90 days have passed, the parties will execute and file Affidavits of Consent and Waivers of Notice. Husband's counsel will transmit the record so that the Decree can be entered. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 430 Woodcrest Drive, Mechanicsburg, Cumberland County, Pennsylvania. Husband has transferred to Wife all his right, title and interest in the marital home by executing a special warranty deed. On the same day as he executed the special warranty deed, Wife refinanced the marital home so that he was no longer liable on the first mortgage. There is a second mortgage encumbering the marital home and the parties have agreed to be equally responsible for its payment. In order to retire the second mortgage so that neither party is liable therefor, Husband will pay to Wife one-half of the balance of the second mortgage within twenty (20) days of the date of this Agreement and Wife will immediately refinance the second mortgage so Husband is no longer liable thereon. With regard to all obligations regarding the marital home, Wife will be exclusively responsible. She will indemnify and hold harmless on account of any loss related to the marital home. (4) DEBT: A. Marital Debt: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred z prior to the signing of this Agreement, except as follows: i. Members 1s' Federal Credit Union credit card. Wife shall pay the obligations to Members 1" Federal Credit Union within thirty (30) days of the date of this Agreement. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on November 2006, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) days of the date of this Agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. Wife will retain the 1996 conversion van and Husband will retain the Nissan pick up and the 1973 Ford Mustang. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his 3 or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. (8) LIFE INSURANCE POLICIES: Each of the parties hereto is the owner of a life insurance policy insuring his or her own life with a death benefit for Husband of $280,000.00 and for Wife of $230,000.00. Both life insurance policies are whole life policies. Each party will retain ownership of his or her policy. However, the parties agree that each will keep his or her policy in full force and effect by making the premium payments in a timely manner as they become due and that each will maintain the parties' children, Mitchell Rhen, born 3 , and Courtney Rhen, born dC ,)h C? r I ) ?1 ?1 gyp, as the beneficiaries of the policies until such time as the youngest of the children attains twenty-two (22) years of age. From time to time, the other will provide, upon request, proof that the beneficiary designations remain the children and that the premiums are current. The parties agree that so long as the children are the beneficiaries of the life insurance policies, neither will remove any cash value from the policies, and that the cash value shall be accessed and used for the post-secondary education costs, including tuition, room and board, of the parties' children with each party contributing equally to those costs from the cash value of his or her own policy. (9) CUSTODY OF CHILDREN: The parties agree that legal custody of their minor children, Mitchell Rhen, born Ju 1 1 C ?/ 8 ,and Courtney Rhen, born f Cto he r ) , I? % ? 4 shall be joint, with both parties having the right to make major parenting decisions affecting the children's health, education and welfare. The children shall remain in the primary physical custody of Wife with partial custody in Husband at times the parties can agree. (10) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente Me. (11) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel, Wife is represented by Carol J. Lindsay, Esquire and Husband has been advised that he or she may be represented by counsel of choice. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (12) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (13) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is 5 proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (14) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (15) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (16) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. 6 (17) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (18) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; 7 and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (19) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (20) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (21) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, 8 but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (22) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (23) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: 9 ? ? ?:, `;:= to ? ?.;. ?.,? '? ? ? ?-? p 4' 11 GREGORY RHEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V. NO.: 07-5023 KRISTEN D. RHEN, CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: The Original Complaint in Divorce was served upon Defendant's Counsel as evidenced by the Acceptance of Service signed by Carol Lindsay, Esquire and dated August 27, 2007. 3. Date of execution of Plaintiff's Affidavit as required by §3301(d) of the Divorce Code: a. Plaintiff. November 28, 2007 b. Defendant: December 11, 2007 4. Related claims pending: All claims have been settled by and through a Marital Settlement Agreement dated August 3, 2007 and signed by Plaintiff Defendant. Said Marital Settlement Agreement is attached herein; incorporated by reference, but not merged into the divorce decree. 5. Date and Manner of Service of the Notice of Intention to file Praecipe to Transmit Record: a. Plaintiff's waiver is attached within and was filed on December 14, 2007. b. Defendant's waiver is attached within and was filed on December 13, 2007. Respectfully submitted, Date: ti ? Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 ATTORNEY FOR PLAINTIFF K _. N..) 90 Q d r" top cm +rr ?? ?..re ?.SJ C) ! '1 ' tip IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. CHRISTINE E. NENTWIG VERSUS CHARLES J. NENTWIG, JR. DECREE IN DIVORCE No. AND NOW, , AC ", IT IS ORDERED AND _3)L&4(&2V DECREED THAT Christine E. Nentwig , PLAINTIFF, Charles J. Nentwig, Jr. AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; PROTHONOTARY ?. 449