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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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STATE OF ~ '"";~, Zl ' PENNA,
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DUANE E RENAUT
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SHIRLEY C RENAUT
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DECREE IN
DIVORCE
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AND NOW, .",....,. .~/Iro.~.".. .'.~.~., 19 .r/:.., it is ordered and
decreed that ,.... nUANIU .Rm\U'l:. , , , , .. . , , .. . . . . . , . . , .. .. . . . " plaintiff,
and ".,.., , , , . . . . , ~~~~~~:. ~. ~~~~~~, . . . . . . , . . . . . . . . . . , , . . , . , " defendant,
are divorced from the bonds of matrimony.
*This decree incorporates a Separation and Pfoperty Settlement Agreement dated
July 31 1997.
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;
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Duane E, Renaut,
Plaintiff
No, 97-1719 Civil
v.
CIVIL ACTION - LAW
Shirley C. Renaut,
Defendant
IN DIVORCE
SEPARATION AND PROPERTY SETILEMENT AGREEMENT
This Agreement made this.? "..:i.-tay of (Ju /{L . 1997, by and between
Duane E, Renaut of Cumberland County, Penn~ of the first pan, hereinafter
referred to as "Husband"; and Shirley C, Renaut of Cumberland County, Pennsylvania,
party of the second party, hereinafter referred to as "Wife".
WITNESSETH:
WHEREAS, Husband and Wife were married on September 5, 1992,
WHEREAS, there are no minor child born of this marriage.
WHEREAS, Husband and Wife are residents of the Commonwealth of
Pennsylvania and have been so for at least the past six months;
WHEREAS, certain differences have arisen between the parties hereto and as a
consequence, they have lived separate and apart since June I, 1996.
WHEREAS, Husband and wife desire to settle and detennioe certain of their
marital rights and obligations, and make an equitable distribution of their marital property,
determine their rights to alimony, support and other matters which may be considered
under the Divorce Code; and
WHEREAS, it is the intention and purpose of this Agreement to set forth the
respective rights and duties of the parties while they continue to live apan from each other
and to settle all financial and property rights between them; and
WHEREAS, the panies hereto have mutually entered into an agreement of the
division of their jointly owned assets, the provision for the liabilities they own, and
provision for the resolution of their mutual differences, after both have had full and ample
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opponunity to consult ....ith attorneys of their respective choice, the panies now wisn to
have that agreement reduced to writing,
NOW, THEREFORE, the parties hereto in consideration of the mutually made and
to be kept promises set forth hereinafter and for other good and valuable consideration,
and intending to be legally bound and to legally bind their heirs, successors, assigns and
personal representatives, do hereby covenant, promise and agree as follows:
ARTICLE 1
SEPARA nON
1,1
It shall be lawful for Husband and Wife at all times hereafter to live separate and
apart from each other and to reside from time to time as such place or places as they shall
respectively deem fit, free from any control, restraint, or interference, direct or indirect, by
each other, Neither party shall molest the other or compel the other to cohabit or dwell
with him or her by any legal or other proceedings, The foregoing provisions shall not be
taken to be an admission on the part of either Husband or Wife or the lawfulness of the
causes leading to them living separate and part,
ARTICLE U
DIVORCE
2,1
This agreement is not predicated on divorce, It is specifically understood and
agreed by and between the parties hereto and each of the said parties does hereby warrant
and represent to the other that the execution and delivery of this Agreement is not
predicated upon nor made subject to any agreement for institution, prosecution, defense,
or for the non-prosecution or non-defense of any action for divorce, provided, however,
that nothing contained in this Agreement shall prevent or preclude either of the parties
hereto from commencing, instituting or prosecuting any action or actions for divorce,
whether absolute or otherwise, upon just, legal and proper ground, nor to prevent either
party from defending any such action which has been, mayor shall be instituted by the
other party, or from making any just or proper defense thereto, It is warranted,
covenanted, and represented by Husband and Wife, each to the other that this Agreement
is lawful and enforceable and this warranty, covenant and representation is made for the
specific purpose of inducing Husband and Wife to execute the Agreement. Husband and
Wife each knowingly and understandingly hereby waive any and all possible claims that
this Agreement is, for any reason, illegal or unenforceable in whole or in party, Husband
and Wife do each hereby warrant, covenant and agree that, in any possible event, he and
sbe are and shall forever be estopped from asserting any illegality or unenforceability as to
all or any part of this Agreement.
2
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The parties acknowledge that a Divorce action has been filed in the Court of
Common Pleas of Cumberland County, Pennsylvania at 97-1719 Civil, The parties agree
that they shall execu1e Affidavits of Consent and Waivers of Notice after the mandatory
ninety (90) days have passed since the service of the aforementioned Divorce,
2.2
It is further 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 finaJ settlement for all purposes whatsoever. Should either of the parties
obtain a decree, judgment or order of separation or divorce in any other state, country, or
jurisdiction, each of the parties to this Agreement hereby consents and agrees that this
Agreement and all its covenants shall not be affected in any way by any such separation
and divorce, and that nothing in any such decree, judgment, order or further modification
or revision thereof shall alter, amend or vary any tenn of this Agreement, whether or not
either or both of the parties should remarry, it being understood by and between the
parties that this Agreement shall survive and shall not be merged into any decree,
judgment or order of divorce or separation,
2.3
It is specifically agreed that a copy of this Agreement may be incorporated by
reference into any divorce, judgment or decree if or whenever sought by either of the
parties hereto, Such incorporation, however, shall not be regarded as a merger, it being
the intent of the panies to permit this Agreement to survive any such judgment or decree
ARTICLE ill
EOUITABLE DISTRIBUTION OF MARITAL PROPERTY
3,1
The parties have attempted to divide their marital property in a manner which
confonns to the criteria set forth in Section 40 I of the Pennsylvania Divorce Code and
taking into account the following considerations: the length of the marriage, the prior
marriages of the parties, the age, health, station, amount of sources of income, vocational
skiUs, employability, estate, liabilities, and needs for each of the parties, the contribution of
one party to education, training or increased earning power to the other party, the
opportunity of each party for future acquisition of capital assets and income, the sources
of income of both parties, including, but not limited to medical, retirement, insurance or
other benefits, the contribution or dissipation of each party in that acquisition,
preservation, depreciation, or appreciation of marital property, including the contribution
ofa party as a homemaker, the value of the property set apart to each party, the standard
of living of the parties established during their marriage, the economic circumstances of
3
each party, including federal, state and local tax ramilications, at the time of the division of
the property is to become effective,
3,2
The division of existing marital property is not intended by the parties to constitute
in any way a sale or exchange of assets, The division of property under this Agreement
shall be in full satisfaction of all rights of equitable distribution of the parties,
3,3
Tangible Personal Property. The parties acknowledge that they have divided their
tangible personal property to their mutual satisfaction. Husband waives all right, title and
interest in all tangible personal property currently in the possession of Wife, Wife waives
all right, title and interest in all tangible personal property currently in the possession of
Husband, Wife agrees to transfer all right, title and interest in the snowblower to
Husband,
3.4
Motor Vehicles. Husband agrees to transfer all right, title and interest of the 1991
Chevrolet S-10 Blazer to Wife; and Wife agrees to transfer right, title and interest of the
~Chevrolet Pick Up Truck to Husband,
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PensionslBenelits. Husband and Wife hereby agree to forever waive any and all
claims against the other for any interest in their life insurance policies, pensions, retirement
benefits, disability benelits and/or vacation pay,
3,6
Bank Accounts. Husband agrees to transfer to Wife all right, title and interest in
her Savings Account at Member's First Federal Credit Union. Wife agrees to transfer to
Husband all right, title and interest in his Savings Account at Pennsylvania National Bank,
3,'
Business, Wife agrees to transfer to Husband all right, title and interest in the
parties' business, "Express Yourself Greeting Cards". Husband agrees to be solely
responsible for all debs related to said business and shall indemnity and hold Wife harmless
therefrom,
01
ARTICLE VU
COUNSEL FEES
7,1
Advice of Counsel. The provisions of this Agreement and their legal effect are
fully understood by the parties, The parties understand their legal rights and obligations,
Husband has been represented in this matter by Keith B, DeArmond, Esq, of Camp Hill,
Pennsylvania, Although Wife has been advised to obtain legal counsel regarding the
execution of this Agreement, she has declined to do so,
The parties acknowledge and accept that this Agreement is, in the circumstances,
fair and equitable, that it is being entered into freely and voluntarily, after having received
such advice and with such knowledge that execution of this Agreement is not the result of
any duress or undue influence and that it is not the result of any collusion or improper or
illegal agreement or agreements,
7,'2
Counsel Fees. The parties agree to be responsible for their respective costs and
attorneys fees associated with this action.
7.3
Mutual Release. Husband and Wife each do hereby mutuaUy remise, release,
quitclaim and forever discharge the other and the estate of such other, for all times to
come and for all purposes whatsoever, of and from any and aU rights, title and interest, or
claims in or against 1he property (including income and gain from property hereafter
accruing) of the other or against the estate :>f such other, of whatever nature and
wheresoever situate, which he or she now has or at any time hereafter against such other,
the estate of such other, or any part thereof, whether arising out of any fonner acts,
contacts, engagements, or liabilities of such other as by way of dower or curtesy, or claims
in the nature of dower or curtesy or widow's or widower's rights, family exemption, or
similar allowance, or under the interstate laws, or the right to take against the spouse's
estate whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or
territoI)' of the United States, or (c) any countl)', or any rights which either party may
have or at any time hereafter have for past, present or future support or maintenance,
alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result
of the marital relation or otherwise, except and only except, all rights and agreements and
obligations of whatsoever nature arising or which may arise under this Agreement or for
the breach of any thereof. It is the intention of Husband and Wife to give each other by
execution of this Agreement a full, complete and general release with respect to any and
all property of any kind or nature, real or personal, not mixed, which the other now owns
6
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,
7,4
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Release of Testamentary Claims. Except as provided for in this Agreement, each
of the parties hereto shall have the rights to dispose of his or her property by Last Will and
Testament, or otherwise, and each of them agrees that the estate of the other, whether
real, personal or mixed, shall be and belong to the person or persons who would have
become entitled hereto as if the decedent had been the last to die, This provision is
intended to constitute a mutual waiver by the parties of any rights to take against each
other's last Wills under the present or future laws of any jurisdiction whatsoever and is
intended to confer third party beneficiary rights upon the other heirs and beneficiaries of
each other party hereto, Either party may, however, make such provisions for the other as
he or she may desire in and by his or her Last Will and Testament. Each of the parties
further covenants and agrees that he or she will pennit any Will of the other to be
probated and allow administration upon his or her personal, real or mixed estate and
effects to be taken out by the person or persons who would have been entitled to do so
had Husband or Wife died during the lifetime of the other and that neither Husband nor
Wife will claim against or contest the Will and the estate of the other, Each of the parties
hereby releases, relinquishes and waives any and all rights to act as executor or executrix
or administrator or administratrix of the other party's estate. Each of the parties hereto
further covenants and agrees for himself and herself and his or her heirs, executors,
administrators and assigns, that he Clr she will never at any time hereafter sue the other
party or his or her heirs, executors, administrators, or assigns for the purpose of enforcing
any of the rights relinquished under this Paragraph.
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7,5
Warranties. Each party represents that they have not heretofore incurred or
contracted for any debt or liability or obligations for which the estate of the other party
may be responsible or the other party harmless from and against any and all such debts,
liabilities or obligations of each Husband and Wife each warrant, covenants, represent and
agree that each will, now at all times incurred by the other after the execution date of this
Agreement except as is otherwise specifically provided for by the tenns of this Agreement
and that neither of them hereafter incur any liability whatsoever for which the estate of the
other may be liable,
7,6
No waiver or modification of any of the tenns of this Agreement shall be valid
unless in writing and signed by both parties and no waiver of any breach hereof or default
7
hereunder shall be deemed a waiver of any subsequent default of the same or similar
nature.
7,7
Husband and Wife covenant and agree that they will forthwith execute any and all
written instruments, assignments, releases, satisfactions, deeds, notes or such other
writings as may be necessary or desirable for the proper implementation of this
Agreement, and as their respective counsel shall mutually agree should be so executed in
order to carry fully and effectively the tenns of this Agreement.
7,8
This Agreement shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania which are in effect as of the date of execution of this
Agreement.
7.9
This Agreement shall be binding and shall inure to the benefit of the parties hereto
and their respective heirs, executors, administrators, successors and assigns.
7.10
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,
7.11
Severability.. If any tenn, condition, clause section or provision of this Agreement
~hall be detennined or declared to be void or invalid in law or otherwise, then only that
lenn, condition, clause or provision shall be stricken from this Agreement, and in all other
respects, this Agreement shall be valid and continue in full force, effect and operation,
likewise, the failure of any party to meet his or her obligation under anyone or more of
the articles and sectiollS shall in no way void or alter the remaining obligations of the
parties,
7,12
It is specifically understood and agreed that this Agreement constitutes an
equitable distribution of property, both real and personal, which was legally and
beneficially acquired by Husband and Wife, or either of them, during the marriage as
contemplated by the Divorce Code of the Commonwealth of Pennsylvania.
8
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IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
DUANE E. RENAlIT,
NO. 97.1719
Plaintiff
v,
SHIRLEY C RENAlIT,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO TIlE PRarnONOf ARY:
decree:
Transmilthe r~rd. together with the follol\ing information. to the Court for entry of a divorce
Code.
I. Ground for di\'orcc: IrretriC\':lble breakdown under Section 330 I(e) of the Divorce
2. Date and manner of senice of the Complaint: April 2, 1997, \il Certified milL
3. Acceptance of Sel'\ice filed with Prothonotary Office: wltb this filinJl,
a) Date of c.~ccution of the affida\it of consent required by Section 330 I(e) of the
Divorce Code: by Plaintiff: AURult 4, 1997; by the Defendant: July 31, 1997,
Code:
b) Date of exccution of Plaintiffs Affidavit required by Section 3301(d) of the Divorce
and date ofscl'\ice of Plaintiffs Affidavit upon the Defendanl:
4. Relate claims pending: There are no rellted claims pendlnJl.
S. Date and nUlnncr of Service of Notice oflntention to file Praecipe to Transmit record. a
copy ofwhieh is attached If the decree is to be entered under section 3301(d) of the Divorce Code:
6. Date and manner of Service of Notice of Intention to file Praecipe 10 Transmit record, a
copy of which is atL'lChcd, if the decree is to be entered under Section 3301(c) ofthc Divorce Code: or
date of c.'CCCUtion of Waiver of Notice oflntent: by Plaintiff: AUROIt 4, 1997; by Defendant: July 31,
1997; and date of filing of waivers: by Plaintiff: with this filiDJI. by Defendant: with tbis fillDll,
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Keith B. DeAnnond. Esq.
Anomey for Plaintiff
DeArmond & DeArmond
2800 Market Street
Camp Hill, PA 17011
717-730-9394
Supreme Ct. 1.0. No. Sl!878
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
CIVIL ACTION - LAW
Duane E. Renaut,
No. 97-1719
Plaintiff
v.
Shirley C. Renaut,
Defendant
IN DIVORCE
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of a Complaint in
Divorce via United States Certified Mail, Return Receipt Requested, upon the following:
Shirley C, Renaut
718 South York Street
Mechanicsburg, PA 17055
Date: <./1/21 (n
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hristina M. Werner, Paralegal
I also wish to rec.lv. the
following IONlco. (101 an
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eonsult po.tmast., fo, f.., 1
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o Expr. i Insu, !I '
o Ratu so COO II .
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: I leompI.'I\ImI3, ... and .b. the "........ of INI form lOIN'" can relOOllH.I
I .Prltt ytNt name wd ,ddrtP on
, eM1Ilo you. 10 \he _ 01 "'" molIpioeO. or on \he bid< " 11''''' don nol
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5. Rec.lved By: (Prinr N/IlM)
Domest c Return Receipt
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
Duane E. Renaut,
Plaintiff
No. 97-1719
v.
CIVIL ACTION - LAW
Shirley C. Renau1
Defendant
IN DIVORCE
AFFIDA VIT OF CONSENT
Date:
? /'-1/91
P,----v ~ f I? ~
'Duane E, Renaut, Plaintiff
I. A Complaint in Divorce under Section 3301(c} of the Divorce Code was filed on
April 3, 1997.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of the filing of the Complaint.
3. I consent to the entry ofa final Decree of Divorce aller 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 a divorce is granted.
I verifY that the statements made in this affidavit are true and correct. I understand that
false statements herein arc made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
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Shirley C. Renaut
Defendant
IN DIVORCE
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Duane E. Renaut,
Plaintiff
No. 97-1719
v.
CIVIL ACTION - LAW
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice,
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted,
3, I understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me immediately after it is filed with
the Prothonotary.
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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: i/'-! ) 91
9~'~
Duane E. Renaut, Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Duane E. Renaut,
Plaintiff
No. 97-1719
v,
CIVIL ACTION - LAW
Shirley C. Renaut
Defendant
IN DIVORCE
AFFIDA VIT OF CONSENT
I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
April 3, 1997.
2, The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of the filing of the Complaint.
3, I eonsent 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 a divorce is granted.
I veritY that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
Date:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Duane E. Renaut,
Plaintiff
No. 97-1719
v,
CIVIL ACTION . LAW
Shirley C. Renaut
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
I. 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 ifl 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 Pro1honotary.
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I verilY 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 au1horities.
Date: 0/3 ( ~ '7
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ut, Defendant
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