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ro~or kitnt'r msa April 1, 11)99
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sufficiency of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE.
each intending to be legally bound, hereby covenant and agree as follows:
1. 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 Roger M. Morgenthal,
Esquire, and HUSBAND has been advised that he may be represented by counsel of choice. Each
party acknowledges and accepts that this agreement is, in 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 that 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.
2. Divorce: The parties agree to the entry of a Decree in Divorce. The parties will
execute, on the date of this agreement. Affidavits of Consent and Waivers of Notice under Section
3301 (c) of the Divorce Code, consenting to the entry of a Decree in Divorce.
3. Personal Property: The parties acknowledge that they have equitably and
satisfactorily divided all of their personal property, and that all personal property shall be the sole
and individual property of the party in whose possession it is as of the date of this agreement.
WIFE will retain the AeroSt3r Van, and HUSBAND will execute any and all documents
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to transfer all his right, title and interest in said vehicle to WIFE. HUSBAND will retain the Ford
Bronco, and WIFE will execute any and all documents to transfer all her right, title and interest in
said vehicle. HUSBAND will retain the Ford F-150 Truck which is already in his own name.
4. Real Property: Tile parties are owners of a home at 7284 Spring Road,
Shermansdale, Perry County, Pennsylvania. Within 45 days of the date of this Agreement,
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HUSBAND will refinance the home so that WiFE is no longer liable on the mortgage. On the date of
the refinance, WIFE will tender to HUSBAND a Special Warranty Deed transferring to him all her
right, title and interest in the home,
5, Alimony: The parties waive any claim that they may have one against the other for
alimony, alimony pendente lite or spousal support. The parties acknowledge that each has sufficient
assets with which to maintain themselves after divorc;e.
6. Marital Debt: The parties have, in their own names, certain credit card accounts
which may include some marital debt. Each party will be responsible for the debt on the credit card
accounts in his or her name. Each party will incur no debt for which the other may be liable, and will
indemnify and hold the other harmless for any debt so incurred. HUSBAND will pay the debt on the
joint credit cards.
7. CUSTODY: WIFE'S CHILD -- WIFE is the mother of Alen:J Marie Kitner, 11 years old
(this is an adopted child); and Jeremy Michael Kitner, 9 years old. HUSBAND shall have custody
and visitation for three weekends of each month. HUSBAND shall have visitation rights over the
summer as agreed between the parties. HUSBAND hereby waives any other claim which he may
have to custody or partial custody. NOTWITHSTANDING the above, HUSBAND may visit with the
child at such times and places as the parties may agree. In the event HUSBAND files a Petition for
custody, partial custody or visitation rights other than that stated above, HUSBAND will pay the
attomey's fees and costs of WIFE in defending that action.
8. Exchange of Information: The parties have requested from each other and received
any information regarding their assets, liabilities, income and expenses which the party requirb
prior to entering into the terms of this Agreement. The parties acknowledge that the terms of this
Agreement are fair and equitable and constitute an equitable distnbution of mantal property and
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debt, taking into account all of the relevant factors sel out in Section 3502 of the Divorce Code, 23
Pa. C.S.S3502 including the length of the marriage; any prior marriage of the parties; the age,
health, station, amounts and sources of income, vocational skills, employability, estate, liabilities and
needs of each of the parties; the contribution by each party to the education, training or increased
eaming power of the other; the opportunity of each party for future acquisitions 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 the acquisition,
preservation, depreciation, or appreciate of the marital property, including the contribution of a party
as homemaker; the value of the property set apart to each party; the standard of living of the parties
during the marriage; the economic circumstances of each party including federal, state and local tax
ramifications at the time of the division of the property, and whether the party will be serving as
custodian of any dependent minor children.
9. Modification: No modification, rescission, or amendment of this agreement shall be
effective unless in writing signed by each of the parties hereto.
10. Applicable Law: All acts contemplated by this agreement shall be construed and
enforced under the laws of the Commonwealth of Pennsylvania.
11. Agreement Binding on Parties and Heirs: This agreement, except as otherwise
expressly provided herein, shall bind the parties hereto, and their respective heirs, executors,
administrators, legal representatives, assigns and successors in any interest of the parties.
12. Agreement Not to be Merged: This agreement shall be incorporated into the final
decree of divorce of the parties hereto for purposes of enlorcement only, but otherwise shall not be
merged into said decree. The parties shall have the right to enforce this agreement under the
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Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity
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ro.ger kilncr msa Apnl1, ,1999
under this agreement as an independent contract. Such remedies in law or equity are specifically
not waived or released.
13, Documents: The parties hereto agree that they will execute and deliver one to the
other any documents necessary to give effect to the terms of this Agreement.
14. Full and Final Settlement: WIFE and HUSBAND each do hereby mutually remise,
release, quitclaim and forever discharge the other and the estc:te of such other, ror all time to come,
and for all purposes whatsoever, of and from any and all rights, titles, interests 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 whatever nature and wheresoever situate, which she or he now
has or at any time hereafter may have against such other, the estate of such other or any part
thereof, 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 of dower or curtesy, or widows' or widowers'
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 a surviving spouse to participate in a deceased spouse's estate, whether arising under the
laws of Pennsylvania, any other State, or any other Country, or any rights which either spouse 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 other.'Iise, except and only except, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or before the breach of any
thereof. 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
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rQgcr kitncr IIlsa April 1, 1 ~99
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. subject, however, to the implementation
and satisfaction of the condition precedent as set forth herein above.
15, 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, but
not limited to, court costs 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.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written,
Witness:
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LYNN MARIE KITNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVAINA
vs,
CIVIL ACTION -LAW
NO. 98 -7214 CIVIL TERM
GARY WAYNE KITNER,
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 Section 3301 (c) 3301 (d)(1) of the Divorce
Code. (Strike out inapplicable section).
2. Date and manner of service of the complaint: Acceptance of Service signed by Defendant,
Gary Wayne Kitner, December 24, 1998.
(Complete either paragraph (a) or (b)).
(a) Date of execution of the affidavit of consent required by Section 3301 (c) of the
Divorce Code: by the Plaintiff on April 1, 1999; by the Defendant on April 1,
1999.
(1) Dato of O>(QcutiefKlf tho PlaiRtiW5-affkla~rcd by Soction 3~-ef
tho Divorco Codo:
i2t-Data of sorviGe-Bf...lflo Plaintifl+affi6aviHlj:loo-ll1e-gefeR€laffi;
4. Related claims pending: None
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file praecipe to
transmit record, a copy of which is attached:
(b) Date Plaintiffs Waiver of Notice in 3301 (c) Divorce was filed with the
Prothonotary: rvl"yl't (<jet",
Date Defendant's Waiver of Notice In 330'1 (e) Divorce was filed with the Prothonotary:
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Roger M Morgentl1al, All rney for Plain!iff
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LYNN MARIE KITNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 98. 7 }14-- CIVIL TERM
IN DIVORCE
VS.
GARY WAYNE KITNER,
Defendant
NOTICE
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, Carlisle, Pennsylvania, 17013,
IF YOU DO NOT FiLE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR
EXPENSES BEFORE A DECREE OF 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
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
FLOWER. MORGENTHAL FLOWER & LINDSAY. P,C.
Attorneys for Plaintiff
By: rJJ~12gd~Ct:;~
ID # 17143
11 East High Street
Ci'lrlisle, PA 17013
(717) 243-5513
Date: 'Z IIY /7 s'
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LYNN MARIE KITNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL.VANIA
CIVIL ACTION - LAW
NO. 98 - :'JIY CIVIL TERM
,
V5.
GARY WAYNE KITNER,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
LYNN MARIE KITNER, Plaintiff, by her attorneys, FLOWER, MORGENTHAL, FLOWER &
LINDSAY, P.C., respectfully represents:
1. The Plaintiff is LYNN MARIE KITNER, who currently resides at 21 Bentley Place,
Carlisle, Cumberland County, Pennsylvania, where she has resided since December 1, 1998,
2, The Defendant is GARY WAYNE KITNER, who currently resides at 7284 Spring
Road, Shermans Dale, Perry County, Pennsylvania, where he has resided since 1989,
3. The Plaintiff and Defendant both have been bona fide residents in the
Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this
Complaint.
4, The Plaintiff and Defendant were married on January 14, 1989, at Good Shepherd
Church, Camp Hill, Pennsylvania.
5. That there have been no prior actions of divorce or for annulment between the
parties in this or in any other jurisdiction.
6. The Plaintiff avers that she is entitled to a divorce on the ground that the marriage is
irretrievably broke" and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce
Code.
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7. Plaintiff has been advised of the availability of marriage counseling and of the right to
request that the Court require the parties to participate in marriage counseling, and does not
request counseling.
8, Plaintiff requests the Court to enter a decree of divorce,
FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By:
/{01, !t1vL f1-vJ'c(
Ro'ger M, Morgenthar, Esquire
10 # 17143
11 East High Street
Carlisle, PA 17013
(717) 243-5513
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VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa, C.S. ~ 4904,
relating to unsworn falsification to authorities,
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file #.
LYNN MARIE KITNER,
V5.
GARY WAYNE KITNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 98 - 526 CIVIL TERM
Defendant
IN DIVORCE
ACCEPTANCE OF SERVICE
I accept service of the Complaint in Divorce in the above captioned matter.
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LYNN MARIE KITNER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V5.
CIVIL ACTION - LAW
NO, 98.526 CIVIL TERM
GARY WAYNE KiTNER,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under S 3301(c) of the Divorce Code was filed on December 23,1998.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from
the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request
entry of the Decree.
I verify that the statements made in this Affidavit are true and correct to the best of my knowledge,
information and belief. I understand that false statements herein are made subject to the penalties of 18
Pa.C.S, 4904 relating to unsworn falsificati~n.jto authorities:1 1 I
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I Lynn Marie Kitner, Plaintiff
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Date:
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~301{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,
I verify that the statements made in tllis Affidavit are true and correct to the best of my knowledge,
information and belief. I understand that false statements herein are made subject to the penalties of 18
PaC.S. 4904 relating to unsworn falsificationto~\orities. , ,
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ynn Marie Kitner, Plaintiff
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LYNN MARIE KITNER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, 98-526 CIVIL TERM
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Plaintiff
V5.
GARY WAYNE KITNER,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1, A Complaint in Divorce under 9 3301{c) of the Divorce Code was filed on December 23,1998.
2, The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from
the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request
entry of the Decree.
I verify Ulat the statements made in this Affidavit are true and correct to the best of my knowledge,
information and belief. I understand ttlat false statements herein are made subject to the penalties of 18
Pa.C.S. 4904 relating to unsworn falsification to authorities.
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L.' ~( t';' I G~~' ~~yne K~~e/ /'D~~ndanl
Date:
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WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(c\ OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
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2. I understand that I may lose rigllts concerning alimony, division of property, lawyer's fees or
expenses if I do not claim them befc'e 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 ttlat the statements made in this Affid;:lvit are true and correct to the best of my knowledge,
information and belief. I understand that false statements herein are made subject to the penallies of 18
Pa.C.S. 4904 relating to unsworn falSification to auttloflties
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