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HomeMy WebLinkAbout01-05330' .~ I IN THE COURT OF COMMON PLEAS Rachel J. Rh OF CUMBERLAND COUNTY STATE OF ~ PENNA. ie, Plaintiff ~` N O. No. ~I - 5330 Civil Term VERSUS Andrew J. Rhine, Defendant DEGREE IN DIVOfR.CE 4'~~0~~1 AND NOW, ~ I _ , ~~ IT IS ORDERED AND DECREED THAT Rachel J. Rhine PLAINTIFF, AND Andrew J. Rhine _, DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; It is further Ordered and Decreed that the terms and conditions of the marriage settlement agreement filed November 19, 2002 are incorporated herein by reference. BY THE COUR TE . ~• PROTHONOTARY • -- -gi6fti'Fim~eamatm5uwwusu •,..,--"" •~.•'. ~-•a<= aH.~ iY~~ ~- ,: .,us, .n.w~ •, ~~ J~ \~ .. RACHEL J. RHINE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 5330 Civil Term 2001 ANDREW J. RHINE, :ACTION IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the Court for entry of a divorce decree: Code. 1. Ground for divorce: irretrievable breakdown under 3301 c of the Divorce 2. Date and manner of the service of the Complaint: Delivered by certified mail. restricted delivery. return receipt reouested. delivered on: ~ _ ~ g _ d 3. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce Code: By Plaintiff: ~ ~ - 15 - ~ By Defendant: ~ ~ - ~ `7 t- ~ 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: ~O - I ~ _ o Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: ~ I _ a S - ~ Date: ~~-a~j- D~ Respectfully Sub ed~ Ja .dams, Esquire I. 0. 79465 36 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff ~nuYm'.ek:o~A,x~'an'- .aara€e=t._z o,,;" - ~.. ,~. ~z n~ee:a~xi9a- arreo&w~c~a;e..~wrz•~-~- .. ."'~ :"'~~."~ai®~~®: ~ '~ S. ~ i "4 ~ ~ ~.i'T ~~ ~ ~- ~ ~ ~ W ~ ~ ~~ RACHEL J. RHINE, Plaintiff vs. ANDREW J. RHINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY; PENNSYLVANIA No. 5330 Civil Term 2001 ACTION IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this cl day of Qc.'Lo~ 2002, by and between, RACHEL J. RHINE, (Hereinafter referred to as"Wife"), and ANDREW J. RHINE, (Hereinafter referred to as "Husband"); as "HUSBAND"; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on December 23, 2000, in Carlisle, Cumberland County, Pennsylvania. Wife filed a Complaint in Divorce in Cumberland County, Pennsylvania, docketed at 2001- 5330 Civil Term on September 12, 2000. WHEREAS, there were no children born of this marriage; NOW THEREFORE, Wife and Husband, each intending to be legally bound, hereby covenant and agree as follows: 1. ADVICE OF COUNSEL AND FULL DISCLOSURE OF ASSETS. The Husband has employed and had the benefit or counsel of Marcus McKnight, Esquire, as his attorney. The Wife has employed and had the benefit or counsel of Jane Adams, Esquire, as her attorney. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. 2. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. Each party may carryon and engage in any employment, profession, business or other activity as he or she may deem advisable. T YYtltlwM "sr.+~atws~r'Y.B:~ 3. MUTUAL RELEASE OF ALL CLAIMS. HUSBAND and WIFE each do hereby mutually remise; release, quit-claim and forever discharge the other and the estate of the other, of and from any and all rights; titles, and 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, or whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other. 4. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. 5. OUTSTANDING JOINT DEBTS. The only debt to which both parties are liable is a loan for a ring which Husband agrees to pay. Wife may not be held liable for the loan on the ring. 6. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. s3501 et: seq. The division of existing marital property is not 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 marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby specifically wavier, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 7. PERSONAL PROPERTY. a. Husband shall receive and/or retain the following items: all personal property in his possession, his bank accounts, any life insurance policy, and his employee benefits. b. Wife shall receive and/or retain the following items: all personal property in her possession, her bank accounts, any life insurance policy, her diamond engagement ring. .~ c. Husband agrees to waive any and all interest which he may have in the automobiles in possession of Wife. Wife agrees to waive any and all interest which she may have in the automobiles in possession of Husband. They each waive any claim which they have in any automobile owned by the other party. 8. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties pensions and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. 9. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to spousal support, alimony, or alimony pendente lite, and each party agrees to be responsible for his or her own legal fees and expenses. 10. WAIVER OR MODIFICATION TO BE IN WRITING. 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 waiver of any subsequent default of the same or similar nature. 11. APPLICABLE LAW. The 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. 12. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 13. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: RACHEL J: RWINE, Plaintiff NESS Date:lo~q~o~ i ANDREW INE, Defendant l~el4~ ~a°nlfiiL~~r ITNESS Date: /O//7~O Z ~~ RACHEL J. RHINE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 5330 Civil Term 2001 ANDREW J. RHINE, :ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on September 12, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the 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. I verify that the statements made in this affidavit are true and correct. {also 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 -I5 -da ~!' l~K. ~' Rachel J. Rhi~h Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301tc) OF THE DIVORCE CODE 1. I consent to 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 ~' ~ ~ ~ .. ~ Rachel J. Rhin ,Plaintiff ' "taktta~~r=~c-reic5r~' N~x~31tu..sz:;,~,v en ..3w:m,,.irvastsa.'wziN~' - rirs ~O ~ ~ -n ~~ L~Z"i ~ `~ "T~ '`1~ „{~~ fJ'e ,'.3a C ~C GJ ..C RACHEL J. RHINE, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. ~ f - ~~~C) Civil Tenn ANDREW J. RHINE, 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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, Pa. 17013 (717) 249-3166 RACHEL J. RHINE, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. ~ ~ _ 5330 Civil Term ANDREW J. RHINE, ACTION IN DIVORCE Defendant COMPLAINT IN DIVORCE Plaintiff is Rachel J. Rhine, a competent adult individual, who has resided at 124 E. Louther St., Carlisle, Cumberland County, Pennsylvania, since March 2000. 2. Defendant is Andrew J. Rhine, a competent adult individual, who has resided in Harrisburg, Dauphin County, since September 2001. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on December 23, 2000 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have no children together. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: (a) That the mamage is irretrievably broken; and/or (b) That the Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verify that the statements made in this Complaint 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:~~' 6 ~ _ d ~/~alc~i Rachel J. ,Plaintiff Respectfully submitted, J e Adams, Esquire . . No. 79465 117 South Hanover St. Carlisle, Pa. 17013 (717)245-8508 ATTORNEY FOR PLAINTIFF s ^~ _~ \l ~.' C ~-~ `CT rnr;., -. ~ ~: ._ rr;.,:. r,., " •= G ~-~ `"3i ~ .,_. 'p ~ n,3 -~ tar d~., L, ~ '~ `= l_7 '.ri 6 RACHEL J. RHINE, Plaintiff v. ANDREW J. RHINE, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 12, 2001. 2. The marriage of 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 of a final decree in divorce. 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 made aze subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2001-5330 CIVIL TERM Date: OCTOBER 17 , 2002 ~/~iGf~ F / r / ~~CNYh-L ANDRE .RHINE RACHEL J. RHINE, IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW 2001-5330 CIVIL TERM ANDREW J. RHINE, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cl 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 this affidavit are true and correct. I understand that false statements herein made aze subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: OCTOB R 17 , 2002 ~ .I ~ J~- AND RHINE Defendant tl ~~ (', C ~7 - '^) , ' ~ i ;r "~ _~ ~~ .. -fn -~ ~~. RACHEL J. RHINE, Plaintiff v. ANDREW J. RHINE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2001-5330 CIVIL TERM IN DIVORCE DEFENDANT'S MARRIAGE COilNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: OCTOBER 17 , 2002 lQ~,.i ANDREW [NE n ,- r c= ~> -~ ;~ _.~ ~? cJ a ~ r~ u, __~ -, c °- -, _. ~, -r - - wv `.1 _ Ty ~ .s4 -G r . . a . RACHEL J. RHINE, Plaintiff vs. ANDREW J. RFIINE, Defendant ~ "f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 5330 Civil Term 2001 ACTION IN DIVORCE AFFIDAVIT OF SERVICE OF NOTICE TO DEFEND AND COMPLAINT. AND NOW, this September 25, 2001, I, Jane Adams, Esquire, hereby certify that on September 18, 2001, a true and correct copy of the NOTICE TO DEFEND AND COMPLAINT were served, via certified mail, restricted delivery, return receipt requested, addressed to: Andrew J. Rhine c/o Quality Inn 1255 Harrisburg Pike Carlisle, Pa. 17013 DEFENDANT I.D. 0.79465 117 outh Hanover S4. isle, Pa. 17013 (717)245-8508 ATTORNEY FOR PLAINTIFF ^ Complete items 7ems 2~ ~P item 4 if Restricted Delivery is desired, ~ Pdnt your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back or on the front ifs of the mailpiece, pace permits. t ~ Article Addressed to: -!6 °"v\ ~~Ql~~~'~P~ C~31,~.P~- r ~a~3 2. PS Form service ~a 11, July 7999 v`~ r ~ ~ ' Domestic Return C, Signature - ~ ..-n[ne '~ X .., '~~ ^ Agent D. Is tlelN~ ent from item'q? ^ Adtlre: If yES, enter delivery address below; ~ yes ^ No ^ Express Mail ^ Retum Receipt for Merchandise ^Cnn .._ 10259bB&M.17ae RACHEL J. RHINE, Plaintiff v. ANDREW J. RHINE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2001-5330 CIVIL TERM IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the defendant, ANDREW J. RHINE, in the above captioned case. Respectfully submitted, IRWIN, McK.N~IIT & By: 60 West Pclmfret Street Carlisle, Pennsylvania 17013 (717)249-2353 Attorney for defendant Date: December 4, 2001 RACHEL J. RHINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW ANDREW J. RHINE, N0.2001-5330 CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Mazcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe for Entry of Appearance was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Jane Adams, Esquire 117 South Hanover Street Carlisle, PA 17013 IRWIN, McKNIGHT & HUGHES By: Marcus A. McK 60 West Pomfret Cazlisle, PA 17013 (717)249-2353 Supreme Court I.D. No. 25476 Date: December 4, 2001 c? ~ c_ c 7 -- ~ ~~ ,, ~ ; ~,. z `a -~ ~- c:~ =: _ '` r~~ ` =~.,~ _ T~ C ) ,'. i ': n W " `> t (J -~. IN TAE COURT OF COMMON PLEAS OF CU~IDERLAND COUNTY, PENNSYLVANIA RACHEL J. RHINE, Plaintiff vs. ANDREW J. RHINE, N0. 2001-5330 19 MOTION FOR APPOLVT~IT OF MASTER ANDREW J. RHINE (Defendant), moves the court to appoint a master with respect to the following claims: ( X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support ( ), Alimony (X) Counsel Fees ( ) Alimony Pendente Lite (X) Costs and Expenses and in support ot` the motion states: (1) Discovery is complete appointment of a master is requested. (2) The'Plamntiff (has) (by his attorney JANE"ADAMS, ESQUIRE as to the claims(s) for which the appeared in the action ~3s~Cy) ,Esquire). (3) The statutory ground(s) for divorce (is) (are) NO-FAULT AND FAULT (4) Delete the inapplicable paragraph(s): ( d. (b) Aa agreement has been reached with respect to the following claims: DIVORCE (c) The action is contested with respect to the following claims: EQUITABLE-DISTRIBUTION COUNSEL FEES, COSTS AND EXPENSES (5) The action (involves) (does not involve) complex issues of law or fact. (6) The hearing is expected to take TWO (hours) ~R~7jrI~XX (7) Additional information, if anq. rele t to y~e motion: Date: JANUARY 4, 2002 or ~~~J A.ND NOW ~ p~GG( f / ,19o~e2a- ~.` rift , esquire, is anpoiated aster wit respect to the following claims: By the C t: ~J p~ ~ ~. cu\ ~.~~ ~/~\'b u~ C~ Q ~ i '~C~t ~r~_, ~ __'1-, ~ ~ -~ _ C G __,, ~ ~~ ~ ~irJ ~~ ~ L~R! T w t~ -~ .~ '' ~ , ~ k'Ilt~'i111~5NN3cl '7I ~Y, ~'~~ i,° rua(' ZtJ RACHEL J. RHINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0. O1- 5330 CIVIL ANDREW J. RHINE, . Defendant IN DIVORCE ORDER OF COURT AND NOW, this + sf day of ~Of/~I1'l~(J€jQ~, 2002, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated October 9, 2002, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: /Jane Adams Attorney for Plaintiff Marcus A. McKnight, III Attorney for Defendant Ge g f ~, J. > C~ - lI -z~-oa '`;iii'.';'; \' .. ~,., .. i~~... ._ ,~.Z~''' ~ ._.. . „4'J''..--.i_ .._ ~ ^1.. RACHEL J. RHINE, Plaintiff vs. ANDREW J. RHINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 5330 Civil Term 2001 ACTION IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this `1 day of (~c. 2002, by and between, RACHEL J. RHINE, (Hereinafter referred to as"Wife"), and ANDREW J. RHINE, (Hereinafter referred to as "Husband"); as "HUSBAND"; WHEREAS, Husband and Wife were lawfully married on December 23, 2000, in Carlisle, Cumberland County, Pennsylvania. Wife filed a Complaint in Divorce in Cumberland County, Pennsylvania, docketed at 2001- 5330 Civil Term on September 12, 2000. WHEREAS, there were no children born of this marriage; NOW THEREFORE, Wife and Husband, each intending to be legally bound, hereby covenant and agree as follows: 1. ADVICE OF COUNSEL AND FULL DISCLOSURE OF ASSETS. The Husband has employed and had the benefit or counsel of Marcus McKnight, Esc~rire,; as his attorney. The Wife has employed and had the benefit or counsel of Jang ~~~" -• Adams, Esquire, as her attorney. Each party has carefully and completely reaf~_'f#ris :_ ,, agreement and has been advised and is completely aware not only of its contents bud; ~: of its legal effect. Each party warrants that he or she has made a-full and fau;-; disclosure of income, assets, and their valuation prior to the execution of this c> _- . ,_- Agreement as well as any other fact relating in any way to the subject matter 3~~iis agreement. These disclosures are part of the consideration made by each parttpfor r' ~_ entering into this agreement. ~` 2. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. Each party may carryon and engage in any employment, profession, business or other activity as he or she may deem advisable. 3. MUTUAL RELEASE OF ALL CLAIMS. HUSBAND and WIFE each do hereby mutually remise; release, quit-claim and forever discharge the other and the estate of the other, of and from any and ail rights; titles, and 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, or whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other. 4. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. 5. OUTSTANDING JOINT DEBTS. The only debt to which both parties are liable is a loan for a ring which Husband agrees to pay. Wife may not be held liable for the loan on the ring. 6. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. s3501 et. seq. The division of existing marital property is not 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 marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby specifically wavier, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 7. PERSONAL PROPERTY. a. Husband shall receive and/or retain the following items: all personal property in his possession, his bank accounts, any life insurance policy, and his employee benefits. b. Wife shall receive and/or retain the following items: all personal property in her possession, her bank accounts, any life insurance policy, her diamond engagement ring. ~ :/ c. Husband agrees to waive any and all interest which he may have in the automobiles in possession of Wife. Wife agrees to waive any and all interest which she may have in the automobiles in possession of Husband. They each waive any claim which they have in any automobile owned by the other party. 8. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties pensions and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. 9. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to spousal support, alimony, or alimony pendente lice, and each party agrees to be responsible for his or her own legal fees and expenses. 10. WAIVER OR MODIFICATION TO BE IN WRITING. 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. 11. APPLICABLE LAW. The 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. 12. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are rio representations or warranties other than those expressly set forth herein. 13. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this agreement. IN WITNESS. WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: ~ ' RACHEL J: I E, Plaintiff NESS Date:,®~qIO pl a7~u '~ ANDREW INE, Defendant a~~ ~°. ~~, , D .. ITNESS Date: I®//7 /a ~2 .~ I _. ...~ - ._ .~n~eL ~ ~ ~~.y RACHEL J. RHINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,- PENNSYLVANIA vs. N0. 01 - 5330 CIVIL ANDREW J. RHINE, Defendant IN DIVORCE T0: Jane Adams Attorney for Plaintiff Marcus A. McKnight, III Attorney for Defendant DATE: Wednesday, January 16, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. Plaintiff plane ®n sending Interrogatories to Defendant within the next week. V . Y '1 (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. Discoeery is estimated to be complete xithin approximately f©rty-fine days. DATE C SEL FOR PLAINTIFF (~) CO EL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. ~~~ ~\T r~Q~ ~~~YY.t~ ~`~u i~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.~~~~ CIVIL 19 IN D1111IIIVORCE STATUS SHEET DATE: ACTIVITIES: y~~~~ ~ F~V d ~ ~~~ ~ ~ ~~ RACHEL J. RHINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 5330 CIVIL ANDREW J. RHINE, Defendant IN DIVORCE TO: Jane Adams Attorney for Plaintiff Marcus A. McKnight, III Attorney for Defendant DATE: Wednesday, January 16, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS I~SOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. Jane Adams ATTORNEY AT LAW 36 SOUTH PITT STREET CARLISLE, PA. 17013 (717) 245-8508 voice (717)245-8538 fax esgadams(r~aol.com November 19, 2002 Robert Elicker, II, Esquire Divorce Master 9 N. Hanover St. Cazlisle, Pa. 17013 Re: Rhine v. Rhine No. Ol - 5339 Civil Term (Divorce) Dear Mr. Elicker: Enclosed please find a marriage settlement agreement in the above-captioned matter. Please vacate your appointment in this matter in order that I might request a final Decree in Divorce. Thank you for your attention to this matter. Please contact me if there are any questions regarding the above. Very truly yours, J dams, Esgwre ca Rachel Rhine Marcus McKnight, Esquire Jane Adams ATTORNEY AT LAW 117 South Hanover Street Carlisle, Pa. 17013 Phone:(717) 245-8508 Fax:(717) 245-8538 www.adamslaw.net Januazy 18, 2002 Robert Elicker, II, Esquire Divorce Master 9 N. Hanover St. Carlisle, Pa. 17013 Re: Rhine v. Rhine No. 2001 - 5330 Civil Term (Cumberland County) Dear Mr. Elicker: Enclosed please find my discovery certification in the above-referenced case which indicates that discovery is not complete. Thank you for your kind cooperation regarding the above. Please contact me if you have any questions regazding this matter. Very truly your r-- J e A s, Esquire /JA cc: Rachel Rhine Marcus McKnight, Esquire