HomeMy WebLinkAbout97-02410
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LISA C. REINERT,
Plaintiff
VS.
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
No. 97 - 2410
CIVIL 1997
DAVID W. REINERT,
Defcndant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit thc record, together with lhe following information to thc Court for the
cntry of a divorec dceree:
1. Ground for divorec: irrctricvable brcakdown undcr 330l(d)(I) ofthc Divorce
Code.
2. Datc and manncr of scrvicc of the complaint: Scrvicc was accomplished on
May20, 1997 by Kathy J.. Carper, a Deputy SheriffofCumbcrland County, who pcrsonally
handcd thc complaint to the Dcfcndant, togethcr with noticc, and at thc samc timc direetcd his
attention to thc eontcnts thcreof.
3. Datc ofcxceution of affidavit requircd by Section 3301 (d) ofthc Divorec
Codc is August 14, 1997.
4. Related elaims pending: NONE
5. Date and manner of servicc of the notice of intcntion to filc praccipe to
transmit reeord, a copy of which is attached: On August 15, 1997 by depositing a true copy of
same in the United Statcs mail addrcssed to David W. Rcinert at 15 S. High Strcct,
Meehaniesburg, Pa. 17055.
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BENtAMIN D. SHARE
Attomey for Plaintiff
Attorney Rcg. No. 29658
Offiec & P.O. Addrcss
4309 Linglestown Road
Harrisburg, PA 17112
Tcl. No. (717) 540 - 0100
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, I'ENNSYLVANIA
x
. "
LISA C. REINERT,
Plaintil1'
- AGAINST-
DAVID W, REINERT,
Dcfcndant
x
You are hcrcby notificd that LISA C. REINERT has commcnecd an action
against you for divorce and for such other and further rclicf as rcqucstcd.
LAWRENCE E. WELKER
Prothonotary
By:
LISA C, REINERT,
Plaintifi.
vs.
) IN TilE COURT OF COMMON I'LEAS OF
) CUMBERLAND COUNTY, PENNSYLVANIA
)
) No.97-'(}810 Civil 1997
)
) CIVIL ACTION - LAW
) IN DIVORCE
DA VID W, REINERT,
Defcndant
COMPLAINT IN DIVORCE
UNDER SECTION 3301(c) AND 330HII) OF TilE DIVORCE CODE
AND NOW COMES the abovc-named PlaintilTby I3enjamin D. Share, Esquire,
her attorney, and secks to obtain a Decree in Divorce from the abovc-named Defendant, upon the
grounds hercinaftcr morc fully sct forth:
COUNT I
I. PlaintilTis Lisa C. Rcincrt, who currently rcsides at 32 Lilac Drivc,
Mcehaniesburg, Cumbcrland County, Commonwcalth ofPcnnsylvania, and has rcsided at said
addrcss for a pcriod in cxecss oftivc consccutive years.
2. Dcfcndant is David. W. Rcincrt who has bcen a rcsidcnt of Cumberland
County, Commonwealth of Pennsylvania lor a numbcr of consecutive ycars, His last known
addrcss is 15 S, High Strcct, Mechanicsburg, Pa, 17055.
3. Plaintilrhas bccn a bona tidc rcsidcnt in thc Commonwcalth ofPcnnsylvania
for at least six months immcdialcly prcvious to thc filing of this Complaint.
VERIFICATION
I, LISA C. REINERT, verily that the statements made in this Complaint are true
and correct. I understand that false statements herein are made subject to the penalties of the law,
18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
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LISA C. REINERT
- '.
SEI'ARATION AGREEMENT
TUlS AGREEMENT entered into on this 30 day of December. 1996, by and
between LISA C. REINERT, hereinaftcr referred to as the wife, and DAVID W. REINERT,
hereinafter referr'cd to as the husband:
WITNESSETH:
WHEREAS the parties hereto were married in Good Shepherd Church in
Mechanicsburg, Cumberland County, Commonwealth of Pennsylvania on April 21, 1979, and
lived together thereafter in Cumberland County, Commonwealth of Pennsylvania as husband and
wife, and
WHEREAS there was born of this marriage the following named children:
STEPHEN DA VlD REINERT, born on August 31, 1982, now fourteen (14)
years of age, and:
CHRlSTOl'HER JASON REINERT, born on December 27, 1986, now ten (10)
years of age; and
WllEREAS certain serious dilTerences have arisen between the parties hereto as a
consequence of which they arc no longer living together as husband and wife, and it is
contemplated that the husband will forthwith file an action for an absolute divorce in the Court of
Common Pleas for Cumberland County, Pennsylvania; and
WHEREAS both parties arc desirous of definitely and lor all times settling and
determining all property and money mailers between them, and all matters of custody, support of
the minor children and all other mailers which might arise as a result of the marriage relationship
between the said parties and as a result of any action for divorce; and
WHEltEAS each of the parties is fully inlol'lned nnd ndvised of the property nnd
estate of the other, and of his or her respective rights nnd liabilities against and to the other and to
all the property and estate of the other,
NOW, THEltEl10ltE, in consideration of the mutunl promises herein contained,
the parties agree with each other as follows:
I. The parties mny and shall continue to Jive apartlbr the rest of their lives, Each
shnll bc fi'ee from interfcrcnce, direct or indirect, by thc othcr as fully as though unmarried, Ench
may, for his or hcr separate benelit, cngnge in any employment, business or professionns he or
she may choosc, neithcr of the parties shallmolcst or interfere with the other, nor shall either
nttempt to compclthc othcr to cohabit or dwell with him or hcr by any menns wi lilt soever.
2. While the wife shall havc physical custody of thc minor childrcn of the pnrties
it is understood that the parties shall havcjoint custody ofthesc minor children and that the
husband shall havc reasonable rights of visitation with said childrcn.
3. The husband shall pay to the wife lor thc support and mnintenance ofthc two
(2) minor childrcn ofthc partics, thc samc nmount hc hns bccn paying ns such support sincc thc
separation ofthc parties. Said payments may bc made in two (2) equal paymcnts onthosc dntes
when the husband receives his paychccks, commencing with the execution of this Agrcement and
continuing until cach child attains the age of eighteen (18) years or graduates from high school,
whichever event occurs later. All payments set forth herein shall be made via direct deposit from
the husband's employer into an account designated by the wife. The husband hcreby agrecs that
he will cxecutc all documents neccssary and required to have his employcr make the direct
deposits into the account designated by the wife.
4. The husband shall maintain in full force and eftcctmcdical and hospital
insurance for each of the minor children of the parties until each child attains the age of eighteen
(18) years or graduates from high school, whichever event occurs later.
5. The husband shall name each child as the primc beneliciary of his life
insurance, and said children shall continue as such beneficiaries until each child attains the age of
eighteen (18) years or graduates from high school, whichever event occurs later.
6. Neither of the parties hereto shall pay to the other nor be entitled to receive
from the other either temporary or permanent alimony or support.
7. Except as hereinabove provided, any interest which eithcr ofthe parties hereto
may now have or may heretoforc have had in any life insurance contracts or policies of the other
party shall, elTective on the date of the execution of this Agreement, be and the same is hereby
extinguished and the parties hereto shall in the future hold all such insurance free and clear of any
right or interest which the other party now has or may heretofore have had therein or thcreto by
virtue of being the beneficiary, the contingent beneficiary or otherwise.
8. The wife shall bccome and be the sole and scparate owner of all houschold
furniture, furnishings, appurtenances, household goods nnd npplinnces, nnd nil other items of
pcrsonal property located in or nboutthc mnrital home nt 32 Lilnc Drive, Mechanicsburg, I'n"
Except for selected items which shnll bccome the sole nnd scparnte property of the husbnnd nnd
which have becn agreed upon between the parties hereto nnd which the husband mny remove
from said property at his convenience.
9. Except as otherwise herein provided, the parties shall nnd do hereby mutonlly
remise, release and forever discharge each other from any nnd all actions, so its, debts, c1nims,
demands and obligations whatsoever both in law and in eqoity which either of them over had, now
has or may herealler have against the other, upon or by reason of any matter, causo or thing op to
thc date of the execution of this Agreemcnt.
10, Both husband and wife acknowledge thatthcy arc bonn tide residents 01' nnd
domiciled in the Commonwealth ofl'ennsylvania at the time ol'the execution ol'this Agrcemcnt
and that they arc also both bona Iide residents of Cumberland County.
II. No modification or waiver of any of the terms hereof shall lie vnlid unless made
in writing and signed by both parties. No waiver of any breach hereof or delimit hcrcunder shnll
bc deemed or considered to be a wniver 01' any subsequent brench or delimit 01' tho same or 01' n
similar naturc.
12. In the cvent ofa divorce betwecnthe pnrties, this Agrcementshnlllle ol1cred
in evidence in such action, and if acceptnble to thc Coort, shallllc incorporntcd lly rclcrcnco in tho
.
judgmcntthatmny lie granted herein. Notwithstanding such incorporation, this Agrcemcnt shall
not be mergcd in the judgment but shall survivc the samc and shall be binding and conclusive on
the partics hereto for all time.
13. Ench party shall, at any time and fromtimc to time hcreallcr, takc any and all
actions and cxecutc, acknowledge and deliver to the other party any and all further instruments
and assurances that the other party may reasonably require for thc purposc of giving full force and
elTectto the provisions of this Agrecment.
14. The parties rcspectively acknowledgc that cach has had indepcndentlegal
advice by counsel of his or her own selection, that each fully undcrstands the facts and has been
fully informed as to his or her legal rights and obligations; that having had such advice, nnd with
full knowledgc thereof, ellch of them is signing this Agreement freely and voluntarily.
15. Each of the parties shnll be responsillle for any legal fees or expenses incurred
by him or hcr in connection with the negotiation of this Agrcement and any ensuing action for an
absolute divorce.
16. This Agreement shnU be intcrpreted under and governed by the laws of the
Commonwealth of Pennsylvania.
17. This Agreemcnt constitutcs and contains the entirc understanding belweenthe
partics. It supercedes uny nnd all prior agreements which the parties may havc made between
themselves. Therc arc no rcprcsentations or warranties othcr thanthosc expressly sct forth herein.
. . ,
IN WITNESS WllEltEOF, the parties hereto have exccuted this Agreemcnt on
the day and ycar Iirst above writtcn.
rI< w ~ C. I~J...1.JAo
LISA C. REINEltT - WIFE
~a
COUNSEL FOR TilE HUSDAND
.. .
CERTIFICATE OF SERVICE
AND NOW,this 15th day of August, 1997,1 hereby certify that I have scrved the
forgoing Noticc of Intention to Rcquest Entry of Divorce Decree by depositing a truc and
correct copy of the samc in the Unitcd States mail, postage prcpaid, addressed to:
DA VID W. REINERT
15 S. High Street
Mechanicsburg, PA 17055
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ENJA IN D. SHARE
Attorne Reg. No. 29658
4309 Linglestown Road
Harrisburg, P A 17112
Tel. No. (717) 540 - 0100
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LISA C. REINERT,
Plaintiff
vs.
)
)
)
)
)
)
)
)
)
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 97 - 2410
CIVIL 1997
DAVID W. REINERT,
Dcfcndant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE
1. The parties to this action separated on May 30, 1995, and havc continued to
live separate and apart for a pcriod of at least two ycars.
2. Thc marriage is irretricvably broken.
3. 1 understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expcnses if! do not claim them before a divorce is granted. However, the parties
have entcred into and cxecuted an agreement concerning all pertinent issues.
4. I consent to the entry of a Iinal decree of divorcc without further noticc.
1 verify that thc statements made in this affidavit arc true and correct. I understand
that false statements hercin arc subjcct to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authoritics.
Dated: August/ Q , 1997
I' '_/1 - .
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'DA VID W. REINERT - DEFENDANT
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