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HomeMy WebLinkAbout07-3266L 46 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff NINA M. FINKBEINER, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.2007 - 32iL MATTHEW J. FINKBEINER, CIVIL ACTION - LAW Defendant IN DIVORCE 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. When the ground for 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 Courthouse, Carlisle, Pennsylvania 17013. 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, PA 17013 (717) 249-3166 or 800-990-9108 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff NINA M. FINKBEINER, IN THE COURT OF COMMON PLEAS ENNSYLVANIA V. Plaintiff MATTHEW J. FINKBEINER, Defendant CUMBERLAND COUNTY, P : NO.2007 - 3-V.4 CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) and 3301(a)(6) OF THE DIVORCE CODE Plaintiff is Nina M. Finkbeiner, who currently resides at 755 McCormick Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, since April, 2007. 2. Defendant is Matthew J. Finkbeiner, who currently resides at 5323 Greenlawn Drive, Macungie, Lehigh County, Pennsylvania 18062, since approximately February, 2006. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 3, 2005, in Harrisburg, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. Plaintiff avers that there are no children born of the parties. COUNT I - DIVORCE 10. The Plaintiff avers that the grounds on which the action is based are as follows: (a) That the marriage is irretrievably broken; and (b) That Defendant has offered such indignities to the Plaintiff, the injured and innocent spouse, so as to make Plaintiffs condition burdensome and life intolerable. WHEREFORE, Plaintiff requests this Honorable Court enter a decree in divorce. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES / Date: By: MARIA P. OG?E' TI, ESQUIRE Attorney I.D. No. ?V14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, NINA M. FINKBEINER, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. NINA . FINK IN DATE: S/,.? % 7 W 1 C K r}t y -c PJ C1 Z CA) "L7 N O T v m -c 0 C ? MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff NINA M. FINKBEINER, Plaintiff V. MATTHEW J. FINKBEINER, Defendant I, MARIA P. COGNETTI, ESQUIRE, do hereby certify that a true and correct copy of the Complaint Under Section 3301(c) and 3301(a)(6) of the Divorce Code, was served upon the Defendant, Matthew J. Finkbeiner, by United States Mail, first class, postage prepaid, certified, AFFIDAVIT OF SERVICE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 3266 Civil Term CIVIL ACTION - LAW IN DIVORCE docketed to No. 7005 0390 0005 2244 2276, on the 11 th day of June, 2007, addressed as follows: Matthew J. Finkbeiner 5323 Greenlawn Drive Macungie, PA 18062 Date: 2042 j j 1 By: MARIA V. COG" TI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff • Complete items 1, 2, and 3. Also complete Nsrn 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse • an that we can return the card to you. ¦ Altach this card to the back of the mailplece, or on the front H space permits. 1. AtUds Addressed to: "fir. Matthew J. Finkbeiner 5323 Greenlawn Drive Macungie, PA 18062 13 Aperrt D. is delwry address dferant atom hem 1? ? Ybs K YES, eater delivery address below: 13 No & Type VA. CwMW Mal C3 Er?rees Mal meted 0 Return ReoW for MeroNandee E3 lranaed map C3 c.o.D. 4. Reetrloted Dalvery? Aft Fee) %eybe 2. Aftle Number 7005 0390 0005 2244 2276 (flnn.An "m SW%ft Well PS Form 3611, Fdxuwy iw Owneeac R *Wmm Asodpc teease eeae tuo ""? ' ?; ?? _ ? 4 ? -+r n :S..fi ? .::... -s7 ?' ? C? ^ s xY? -?-_ g '?' _.f r .j ?_ ? i ? ;? ?' - . MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff NINA M. FINKBEINER, Plaintiff V. MATTHEW J. FINKBEINF.R, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 3266 Civil Term CIVIL ACTION - LAW : IN DIVOIZ('r; NOTICE OF ELECTION TO RESUME MAIDEN NAME Notice is hereby given that a Complaint in Divorce was filed on the 31 st day of May, 2007. Plaintiff hereby elects to resume her prior name of Schweitzer and gives this written notice of her intention in accordance with the provisions of 54 Pa.C.S. Section 704. Nina . Finkbeine COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cuv'AlbeRL-4 ti4 to be known as Nina Schweitz ss. On the () day of JU( , 2007, before me, a Notary Public, personally appeared Nina M. Finkbeiner t/b/k/a Ninaweitzer known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. BOLD, Notary Public Notary Public Cumberland County ohs Dec. 30, 2010 r-s p l PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this Ili day of 2007, by and between -ALIML. - Nina M. Finkbeiner, of 755 McCormick Road, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and Matthew I Finkbeiner, of 5323 Greenlawn Drive, Macungie, Lehigh County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on December 3, 2005, in Hershey, Dauphin County, Pennsylvania; and WHEREAS, no children have been born of this marriage; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling ofall matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt 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. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other or endeavor to 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 of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Eachparty shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful -2- grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 4. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County to Docket No. 2007-3266, claiming that the marriage is irretrievably broken under Section 3301(c) ofthe Pennsylvania Divorce Code. Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits, Waivers or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code at the same time as they execute this Agreement. The parties hereby waive all rights to request- court ordered counseling under the Divorce Code. It is_f irther specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted: by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other, state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall -3- remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. INCORPORATION M DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each. executed this Agreement at the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date", which shall be defined as the date ofexecution ofthis Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. -4- 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, 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 situated, which he or she now has or at any time hereafter may have against the 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 widow's or widower's 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 a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is. the intention of HUSBAND and WIFE to. give 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 except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any -5- provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente l ite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. REPRESENTATION BY COUNSEL: The provisions of this Agreement and its legal effect have been fully explained to the parties by their respective counsel; Maria P. Cognetti, Esquire, for WIFE and Kevin Zlock, Esquire, for HUSBAND. HUSBAND and WIFE acknowledge that 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. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not, at any future time, raise as a defense, or otherwise, the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 10. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any -6- and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 12. DEBT OF THE PARTIES: HUSBAND hereby indemnifies WIFE against, and agrees to assume sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself, except as provided herein. HUSBAND shall not and will not hereafter incur or cause to be incurred for the benefit of himself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of WIFE. WIFE hereby indemnifies HUSBAND against and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit of herself, except as provided for herein. -7- WIFE shall not and will not hereafter incur or cause to be incurred for the benefit of herself; except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of HUSBAND. 13. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 14. DIVISION OF REAL PROPERTY: The parties are the owners of real estate situated at 5323 Greenlawn Drive, Macungie, Lehigh County, Pennsylvania, now titled in the name of HUSBAND and WIFE as tenants by the entireties. The parties have previously listed the property for sale with Annie McGeary of Remax Realty for $324,500.00 and have recently reduced the listing price for the property to $299,000.00. If, after a period of two (2) months; the property has not sold, HUSBAND and WIFE agree that the listing price shall be lowered again to an amount to be -8- suggested by the realtor and agreed upon by the parties, based on the market conditions at the time of the reduction. The parties agree that the price of the home shall be lowered, in the same fashion, every two (2) months until the home is sold. The parties agree that no reasonable offer (within 3% of the listing price) for the purchase of the home will be rejected. Any proceeds from the sale of the property shall first satisfy the sales commission and costs associated with the settlement on the property. All proceeds remaining after the payment of all costs and debts associated with the property shall be divided equally between the parties. Should the sale of the home result in a shortfall, the parties agree that they shall be equally responsible for the payment of said shortfall. With regard to the maintenance and upkeep of the home, HUSBAND agrees to continue to pay all household bills and utilities associated with the home. Husband agrees to maintain the home- in good condition and shall be responsible for routine maintenance, as it may be needed, during the pendency of the sale. Routine maintenance includes, but is not limited to, mowing the lawn, pulling weeds, trimming trees, raking leaves and general yard maintenance. HUSBAND and WIFE agree to share equally in the responsibility for the payment of the mortgage, taxes, and insurance costs related to the home prior to its being sold. It is agreed between the parties that, in the event major repairs are required to be made for the marital home, the costs thereof shall be shared by the parties equally. HUSBAND and WIFE agree that no repairs shall be made unless each has given the other reasonable notice of his or her intention to make such repairs so that each party has an opportunity to inspect the premises and determine that such repairs are necessary. The parties agree to obtain at least two (2) estimates for -9- the repairs and will seek the most reasonable price. The parties further agree that they shall not unreasonably withhold their consent to such repairs. 15. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. In addition, the parties are the joint owners of a checking account through Wachovia Bank. The parties agree that said account shall remain open until such time as the marital home is sold, after which the account shall be closed. 16. DISTRIBUTION OF INDIVIDUAL RETIREMENT ACCOUNTS: The parties hereby acknowledge and agree that they shall retain, as their separate property, free and clear from any claim, right, title or interest on the part of the other, their Individual Retirement Accounts. The parties hereby acknowledge that they have no further claim, right, title or interest whatsoever in the Individual Retirement Account of the other, and further agree never to assert any claim to the assets in the future. 17. PENSIONS ANNUITIES AND/OR RETIREMENT BENEFITS: WIFE agrees that any moiues which HUSBAND has acquired through his interests in either pensions, profit sharing, savings and thrift plans, annuities and/or retirement benefits through his present or past -10- employers shall remain his sole and exclusive property. WIFE agrees to waive any interest she may have in such property and further agrees that she will not assert any such claim in the future. HUSBAND agrees that any monies which WIFE has acquired through her interests in either pensions, profit sharing, savings and thrift plans, annuities and/or retirement benefits through her present or past employer shall remain her sole and exclusive property. HUSBAND agrees to waive any interest he may have in such property and further agrees that he will not assert any such claim in the future. 18. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The 2002 Ford Explorer shall be and remain the sole and exclusive property of WIFE;. (b) The 2005 Pontiac G6 shall be and remain the sole and exclusive property of HUSBAND. The titles to the said motor vehicles shall be executed by the parties, if appropriate for affecting transfer as herein provided, on the date of execution of this Agreement, and said executed title shall be delivered to the proper party on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobile. 19. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him -11- or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 20. HEALTH INSURANCE: HUSBAND and WIFE acknowledge that they shall each be responsible for maintaining their own health insurance and shall have no responsibility to the other for providing health insurance. 21. COUNSEL FEES: Neither party shall have any liability to the other for reimbursement of attorney's fees incurred by the other parry in connection with the negotiation and preparation of this Agreement or in connection with any legal or equitable proceedings between the parties which have preceded the execution of this Agreement. 22. INCOME TAX PRIOR RETURNS: The parties have heretofore filed j oint Federal and State tax returns for the tax years 2005 and 2006. Both parties agree that there currently exists a deficiency in relation to their 2005 Federal income tax return. The parties have agreed that they are equally responsible for said deficiency and that they will share equally in the liability for said tax deficiency including any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid one-half (%2) by each party. Further, the parties agree that, should any deficiency arise in relation to their 2005 State income tax return or 2006 Federal and State income tax returns, the liability for said deficiencies, including interest, penalties and expenses, shall also be paid one-half (%2) by each party. -12- 23. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subj ect to the carry-over basis provisions of the said Act. 24. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to their support and maintenance, past; present and future. The parties release and discharge the other absolutely and forever for the rest of their lives from all claims and demands, past, present or future, for alimony or for any provision for support or maintenance, except as specifically provided for herein. The parties further acknowledge that, in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support and counsel fees, except as specifically provided for herein. -13- 25. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 26. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 27. WAIVER OF CLAIMS:' Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate. Each party will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. -14- 28. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 29. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an- asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. -15- 30. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 31. ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request ofthe other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 32. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, 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. 33. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that. each paragraph hereof shall be deemed to be a separate and independent Agreement. 34. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of -16- the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 35. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 36. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. lh g I q J- SS V- //I,o , / ze"zr,? SS (J4 W-- I ( SEAL) Nin . Finkbein SEAL) Matthew J. F b iner -27- COMMONWEALTH OF PENNSYLVANIA ) ? ) SS: COUNT Y OF ) On this, the /6-ff-day of /v/,p.&:,, , 2007, before me, a Notary Public, the undersigned officer, personally appeared Nina M. Finkbeiner, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANi,A Notarial i Rebekah Seaux, Notar CamP Hill Boro, Cumberland Cony MY commission Expires Mar 29 , 201@ Member, Pennsyivante qC-6-07 g1y04p *i ?l?fiiris§ Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF 1U0^1k,, /P7V4-1 SS: On this, theZ? day of ply/` , 2007, before me, a Notary Public, the undersigned officer, personally appeared Matthew J. Finkbeiner, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my and official seal. PubG11i,'F° ?- MMO EALTH OF PENNSYLVAP Notarial Seat Teresa A. Mansteld, Notary Public Hellertown Boro, Notttampta n County My Commission Expires May 17,.20M Member, of Notaries -18- c_ c l -„ _ e i#I 03 NINA M. FINKBEINER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007 - 3266 Civil Term MATTHEW J. FINKBEINER, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 31, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) 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. 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 the divorce is 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 authorities. Date: Matthew J. Fi iner C"? rJ ° c? e? C20 c MFG; ? J ?. n 1 "f co kz NINA M. FINKBEINER, Plaintiff V. MATTHEW J. FINKBEINER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 3266 Civil Term : CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 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. 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: p?/ 7/ D7 i Matthew J. Finkb i r t s co "r ? z NINA M. FINKBEINER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007 - 3266 Civil Term MATTHEW J. FINKBEINER, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 31, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) 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. 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 the divorce is 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 authorities. Date: /02,02 ?/o Nina Finkbeiner 4 C.) rr ? : ". , ? Ft7 i co : .? Z07 NINA M. FINKBEINER, Plaintiff V. MATTHEW J. FINKBEINER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 3266 Civil Term CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 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. 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. Q DATE: l d4? F107 Nina M. Finkbeirp? c? C=p :=r f co uo t ? MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff NINA M. FINKBEINER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MATTHEW J. FINKBEINER, Defendant NO. 2007 - 3266 Civil Term CIVIL ACTION -LAW 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: Service was accepted by the Defendant on June 11, 2007, served by certified mail, return receipt requested, receipt number 7005 0390 0005 2244 2276. Affidavit of Service was filed on June 27, 2007. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Nina M. Finkbeiner, Plaintiff, on December 28, 2007; by Matthew J. Finkbeiner, Defendant, on December 17, 2007. 4. Related claims pending: Settled by Property Settlement Agreement dated November 16, 2007. . 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: Waiver of Notice is being filed simultaneously herewith. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Waiver of Notice is being filed simultaneously herewith. MARIA P. COGNETTI & ASSOCIATES i f Date: January 7, 2008 By: MARIA . CO ETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff rv co p..l n3 CD M? NINA M. FINKBEINER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007 - 3266 Civil Term MATTHEW J. FINKBEINER, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 31, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) 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. 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 the divorce is 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 unworn falsification to authorities. Date: 121,9?j 1 ?- Matthew J. Fi b finer o C 7'!' :: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. NINA M. FINKBEINER, Plaintiff VERSUS MATTHEW J. FINKBEINER, Defendant 2007-3266 CIVIL TERM No. DECREE IN DIVORCE Zoos AND NOW, , NINA M. FINKBEINER DECREED THAT C.;t- a,°as'p w IT IS ORDERED AND AND MATTHEW J. FINKBEINER ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,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; The terms of the parties' Property Settlement Agreement dated November 16, 2007, and attached hereto are incorporated herein B Y(T H E ATTEST: J. / PROTHONOTARY "V-L/ / ,,p• L./ • / ? aj Y ,