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HomeMy WebLinkAbout07-332571 7 238 4809 Cunningham and Cherni Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, Pa 17110 Telephone: (717) 238-6570 Facsimile: (717) 238-4809 Email: jcunnineham(a,cclawyc.corn Attorneys for Plaintiff 02 25 51 p.m. 06-05-2007 213 NICOLE R. NESTLERODE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 6'7 - .332S el cx 1 PAUL J. NESTLERODE, : CIVIL ACTION - LAW Defendant . IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING LAWYER. 71 7 238 4809 Cunningham and Cherni 02 26:01 p.m 06-05-2007 3 i3 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mds adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en is Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier sums de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes Para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, Pa 17110 Telephone: (717) 238-6570 Facsimile: (717) 238-4809 Email: icunnincham(a-,)cclawpc.com Attorneys for Plaintiff NICOLE R. NESTLERODE, Plaintiff V. PAUL J. NESTLERODE, Defendant . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 67- 33.,5' CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) AND SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff, Nicole R. Nestlerode, is an adult individual who currently resides at 496 South Nursery Drive, Mechanicsburg, Cumberland County, Pennsylvania. The Plaintiff is a citizen of the United States of America. 2. Defendant, Paul J. Nestlerode, is an adult individual who currently resides at 6012 Mockingbird Drive, Mechanicsburg, Cumberland County, Pennsylvania. The Defendant is a citizen of the United States of America. 3. The parties have been bona fide residents in the Common wealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 7, 2003, in Enola, Cumberland County, Pennsylvania. 5. Plaintiff avers that there are no children of the parties under the age of eighteen (18). 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The marriage is irretrievably broken. 9. Neither Plaintiff nor Defendant is in the military service of the United States of America. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. The averments in Paragraphs 1 through 9, inclusive, are incorporated herein by reference thereto. 11. During the course of the marriage, the parties acquired marital property. WHEREFORE, the Plaintiff requests the Court to equitably determine, divide, distribute and assign the marital property of the parties pursuant to Section 3501 of the Divorce Code. 2 COUNT II REQUEST FOR ALIMONY PENDENTE LITE UNDER SECTION 3702 OF THE DIVORCE CODE 12. The averments of Paragraphs 1 through 11 are incorporated herein as if more fully set forth herein. 13. Plaintiff is unable to sustain herself during the course of litigation. 14. Plaintiff request the Court to enter an award of alimony pendente lite until final hearing, pursuant to Section 3702 of the Divorce Code. WHEREFORE, the Plaintiff respectfully requests the Court enter an award of alimony pendente lite until final hearing, pursuant to Section 3702 of the Divorce Code. COUNT III REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER SECTIONS 3104(x)(1); 3323(b); 3702 and 4351(a) OF THE DIVORCE CODE 15. The averments of Paragraphs 1 through 14 are incorporated herein as if more fully set forth herein. 16. Plaintiff has employed Jordan D. Cunningham, Esquire and the law firm of Cunningham & Chernicoff, P.C. to represent her in this matrimonial cause. 17. Plaintiff is unable to pay her counsel fees, costs and expenses, and Defendant is more than able to pay them. 18. Defendant is employed and has the ability to pay Plaintiff's counsel fees, costs and expenses. 19. Reserving the right to apply to the Court temporary counsel fees, costs and expenses prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that pursuant to Sections 3104(a)(1); 3323(b); 3702; and 4351(a) of the Divorce Code, the Court enter an order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. Dated:? By: Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Esquire A I.1X NO. 23144 2320 North Second Street Harrisburg, PA 17110 (717) 238-6570 Attorneys for Plaintiff F:\Home\AHEWITT\DOCS\M-N\NESTLERODE\DIVORCE (NESTLERODE)\DIVORCE COMPLAINT.wpd 4 VERIFICATION The undersigned verifies that the statements contained in the foregoing 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.A. §4904, relating to unsworn falsification to authorities. Nicole Nestlerode Dated: 4q- AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : ss The Plaintiff, being duly sworn according to law, deposes and says that she is the Plaintiff in the above-captioned matter and that she personally knows that the Defendant is over the age of eighteen (18) years. The Plaintiff further avers that the Defendant is not in the Military Service or in any branch of the Armed Forces of the United States of America or its Allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its Amendments. SWORN to and Subscribed to before me this day of June 2007. otary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JULIEANNE AMETRANO, Notary Public City of Harrisburg, Dauphin County My Commission Expires Feb. 22, 2011 uc"(? Nicole Nestlerode AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : ss COUNTY OF DAUPHIN I, Nicole Nestlerode, being duly sworn according to law, depose and say: 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 Domestic Relations Office, which list is available to me upon request. 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 by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Nicole Nestlerode SWORN to and Subscribed to before me this` day of June, 2007. N .tart' Public .., .--,A"WT'rnnCS\M-N\NESTLERODE\DIVORCE(NESTLERODE)\affdavl.wpd COMMONWEALTH Of PENNSYLVANIA NOTARIAL SEAL EAJLUIEANINE AMET0, Notary J2011 of Harristg, m ssion uExpire aFeb 224 w w Sq t4i Q c p, CAJ n ,.r N F cn C) -n r?r7 -r-f tTt i? . Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, Pa 17110 Telephone: (717) 238-6570 Facsimile: (717) 238-4809 Email: icunninwhamAcclawpc.com Attorneys for Plaintiff NICOLE R. NESTLERODE, : IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-3325 PAUL J. NESTLERODE, : CIVIL ACTION - LAW Defendant . IN DIVORCE PRAECIPE TO FILE PROOF OF SERVICE OF COMPLAINT IN DIVORCE TO THE PROTHONOTARY: Please filed the attached copy of correspondence as Proof of Service of the Complaint in Divorce in the above matter indicating service of the Defendant, Paul J. Nestlerode, in this matter on June 19, 2007. Respectfully submitted, & CHERNICOFF, P.C. Dated: h l D By: J d . Cunningham, Esquire .D.#23144 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 F:\Home\AHEWITT\DOCS\M-N\NESTLERODE\DIVORCE (NESTLERODE)\PRAECIPE PROOF OF SERVICE.wpd ¦ Complete items 1, 2, and 3. Also complete A. item 4 if Restricted Delivery is desired. X ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ?U(lmye ?V ? Agent Is delivery address different from item 1 yes If YES, enter delivery address below: 3. Ice Type (Certified Mail ? Express Mail ? Registered ? Retum Receipt for Merchandise ? Insured Mail ? G.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number 7006 0100 0004 5235 9246 (rnmfer from service label) PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1540 j CERTIFIEC ru t '? 'ilf'lii! tr ram Ln m ti Postage $ -r Certified Fee C3 C3 RetUm ReOelpt Fee C31 (EndorsemeM Required) C3 Restricted Delivery Fee C3 (Endorsement Required) r°1 Postmark` U ? ? Cn r-3 Total Postage & Fees s 17 , (a ? 0 "IA orpoBox No Oily, State, Zf - J a PS Form 3800. se(! Hev,,r?e for InstrUctions 4 A) JORDAN D. CUNNINGHAM ROBERT E. CHERNICOFF MARC W. WITZIG BRUCE J. WARSHAWSKY KELLY M. KNIGHT TRACY L. UPDIKE CUNNINGHAM & CHERNICOFF, P.C. ATTORNEYS AT LAW P.O. BOX 60457 HARRISBURG, PENNSYLVANIA 17106-0457 TELEPHONE (717) 238-6570 FAX (717) 238-4809 June 14, 2007 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED RESTRICTED DELIVERY Article Number: 7006-0100-0004-5235-9246 Paul J. Nestlerode 6012 Mockingbird Drive Mechanicsburg, PA 17050 Re: Nicole R. Nestlerode v. Paul A Nestlerode Cumberland County Court of Common Pleas Docket No. 07-3325 Our File No. 407507 Dear Mr. Nestlerode: HERSHEY TELEPHONE (717) 534-2833 IRS NO. 23-2274135 Street Address: 2320 N. 2nd Street Harrisburg, PA 17110 COPY Enclosed is a true and correct copy of the Divorce Complaint filed in the above captioned matter. If you have any questions, please contact your attorney. '.C. JDC/alh enclosure cc: Nicole Nestlerode F:\HomeWHEWI MDOCS\M-N\NESTLERODE?DIVORCE (NESTLERODE)U.061407 service letter.wpd Very truly yours, Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, Pa 17110 Telephone: (717) 238-6570 Facsimile: (717) 238-4809 Email: icunninghamAcclawpc.com Attorneys for Plaintiff NICOLE R. NESTLERODE, : IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-3325 CIVIL TERM PAUL J. NESTLERODE, : CIVIL ACTION - LAW Defendant . IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accibn dentro de los pr6ximos veinte (20) dias despuds de la notificacibn de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accibn como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 2 C 7 C=3 J F - - n -p cn l? -0 79 Jordan D. Cunningham, Esquire rn CUNNINGHAM & CHERNICOFF, P.C. r • • =? 2320 North Second Street , Harrisburg, Pa 17110 Telephone: (717) 238-6570 Facsimile: (717) 238-4809 Email: icunninghamna cclawpc.com Attorneys for Plaintiff NICOLE R. NESTLERODE, Plaintiff V. PAUL J. NESTLERODE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. i : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) AND SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff, Nicole R. Nestlerode, is an adult individual who currently resides at 496 South Nursery Drive, Mechanicsburg, Cumberland County, Pennsylvania. The Plaintiff is a citizen of the United States of America. 2. Defendant, Paul J. Nestlerode, is an adult individual who currently resides at 6012 Mockingbird Drive, Mechanicsburg, Cumberland County, Pennsylvania. The Defendant is a citizen of the United States of America. TRUE COPY FROM RECORD In Testimony ' ? wito set my hand , and the seal of sa lisle, Pa. This-4 r??' day aJ44.4-X,, 7 honotary 3. The parties have been bona fide residents in the Common wealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 7, 2003, in Enola, Cumberland County, Pennsylvania. 5. Plaintiff avers that there are no children of the parties under the age of eighteen (18). 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The marriage is irretrievably broken. 9. Neither Plaintiff nor Defendant is in the military service of the United States of America. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. The averments in Paragraphs 1 through 9, inclusive, are incorporated herein by reference thereto. 11. During the course of the marriage, the parties acquired marital property. WHEREFORE, the Plaintiff requests the Court to equitably determine, divide, distribute and assign the marital property of the parties pursuant to Section 3501 of the Divorce Code. 2 COUNT II REQUEST FOR ALIMONY PENDENTE LITE UNDER SECTION 3702 OF THE DIVORCE CODE 12. The averments of Paragraphs I through 11 are incorporated herein as if more fully set forth herein. 13. Plaintiff is unable to sustain herself during the course of litigation. 14. Plaintiff request the Court to enter an award of alimony pendente lite until final hearing, pursuant to Section 3702 of the Divorce Code. WHEREFORE, the Plaintiff respectfully requests the Court enter an award of alimony pendente lite until final hearing, pursuant to Section 3702 of the Divorce Code. COUNT III REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER SECTIONS 3104(a)(1): 3323(b): 3702 and 4351(x) OF THE DIVORCE CODE 15. The averments of Paragraphs 1 through 14 are incorporated herein as if more fully set forth herein. 16. Plaintiff has employed Jordan D. Cunningham, Esquire and the law firm of Cunningham & Chernicoff, P.C. to represent her in this matrimonial cause. 17. Plaintiff is unable to pay her counsel fees, costs and expenses, and Defendant is more than able to pay them. 18. Defendant is employed and has the ability to pay Plaintiff's counsel fees, costs and expenses. 19. Reserving the right to apply to the Court temporary counsel fees, costs and expenses prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that pursuant to Sections 3104(a)(1); 3323(b); 3702; and 4351(a) of the Divorce Code, the Court enter an order directing Defendant to pay Plaintiffs reasonable counsel fees, costs and expenses. Dated:? By: Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. J unningham, Esquire A I. NO. 23144 232 North Second Street Harrisburg, PA 17110 (717) 238-6570 Attorneys for Plaintiff F:\Home\AHEWITnDOCS\M-N\NESTLERODE\DIVORCE (NESTLERODE)\DIVORCE COMPLAINT.wpd 4 VERIFICATION The undersigned verifies that the statements contained in the foregoing 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.A. §4904, relating to unworn falsification to authorities. Dated: Nicole Nestlerode AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss The Plaintiff, being duly sworn according to law, deposes and says that she is the Plaintiff in the above-captioned matter and that she personally knows that the Defendant is over the age of eighteen (18) years. The Plaintiff further avers that the Defendant is not in the Military Service or in any branch of the Armed Forces of the United States of America or its Allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its Amendments. SWORN to and Subscribed to before me this q7l? day of June 2007. Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JULIEANNE AMETRANO, Notary Public City of Harrisburg, Dauphin County ilfiy Commission Expires Feb. 22, 2011 lolcc'lr? r J&Ctt? Nicole Nestlerode AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : ss I, Nicole Nestlerode, being duly sworn according to law, depose and say: 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 Domestic Relations 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 by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. 1-0k'?aL Y Nicole Nestlerode SWORN to and Subscribed to before me this` day of June, 2007. Public (NESnERODE)\afffdav 1.%-N COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JULIEANNE AMETRANO, Notary Public City of Harrisburg, Dauphin County My Commission Expires Feb. 22, 2011 CERTIFICATE OF SERVICE I do hereby state that on then day of June, 2007, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Paul J. Nestlerode 6012 Mockingbird Drive Mechanicsburg, PA 17050 gela L. ewitt Legal Secretary -? t w'. ? {t'1 i""" .L'-? ? ;'E7? -G y=- ?? '"T'3 C,y.' ?'-j ? Y L? ?l " i . ..-- C..? NICHOLE R. NESTLERODE, Plaintiff V. PAUL J. NESTLERODE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07 - 3325 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Paul J. Nestlerode, in the above- captioned matter. Date: Mark F. Bayley, Esquire Bayley & Mangan 57 W. Pomfret St. Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Defendant NICHOLE R. NESTLERODE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07 - 3325 CIVIL TERM PAUL J. NESTLERODE, : CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendant do hereby certify that I this day served a copy of the within Praecipe upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jordan D. Cunningham, Esquire Cunningham & Chernocoff, PC 2320 North Second St. Harrisburg, PA 17110 Dated: ( 7-", ;?' 01 Mark F. Bayley, Esqfiir Attorney for Defendant N C? 10 4 Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, Pa 17110 Telephone: (717) 238-6570 Facsimile: (717) 238-4809 Email: icunningham(@cclawpc.com Attorneys for Plaintiff NICOLE R. NESTLERODE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-3325 PAUL J. NESTLERODE, : CIVIL ACTION - LAW Defendant . IN DIVORCE PRAECIPE TO FILE PROOF OF SERVICE OF NOTICE TO DEFEND AND CLAIM RIGHTS TO THE PROTHONOTARY: Please filed the attached copy of correspondence as Proof of Service of the Amended Notice to Defendant and Claim Rights in the above matter indicating service of Mark F. Bayley, Esquire, Defendant, Paul J. Nestlerode's counsel, in this matter on September 14, 2007. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 F:\Home\AHEWITT\DOCSIM-N\NESTLERODE\DIVORCE (NESTLERODE)\PRAECIPE PRF OF SERV anmd notice.wpd Dated: 7 By: -I.D. #23144 CHERNICOFF, P.C. Esquire JORDAN D. CUNNINGHAM ROBERT E. CHERNICOFF MARC W. WTTMG BRUCE J. WARSHAWSKY KELLY M. KNIGHT TRACY L. UPDIKE CUNNINGHAM & CHERNICOFF, P.C. ATTORNEYS AT LAW P.O. BOX 60457 HARRISBURG, PENNSYLVANIA 17106-0457 TELEPHONE (717) 238-6570 FAX (717) 238-48M September 14, 2007 Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 Re: Nicole R Neakrode v Paul A Neukrode Cumberland County Court of Common Pleas Docket No. 07-3325 Our File No. 407507 Dear Mr. Bayley: HERSHEY TELEPHONE (717) 534-2833 IRS NO. 23-2274135 Street Address: 2320 N. 2nd Street Harrisburg, PA 17110 C(O Pot i ? ? 0 Enclosed for service please find an Amended Notice to Defend and Claim Rights. If you have any questions, please do not hesitate to contact me. , P.C. JDC/alh enclosure cc: Nicole Nestlerode F:\Home\AHEWITrOOCSIM-N\NESTLERODE\DIVORCE (NESTLERODE)1L091407 bayley.wpd ?. . c? ? Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, Pa 17110 Telephone: (717) 238-6570 Facsimile: (717) 238-4809 Email: jcunn' a cclawpc.com Attorneys for Plaintiff NICOLE R. NESTLERODE, Plaintiff V. PAUL J. NESTLERODE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-3325 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE 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 in 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. As list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, (717) 240-6195. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 2 . , I?% W F a D ? Q a as v h O w ? w ° h O h ..r x a?' U NxZn wOroz z 0 0 a z 0 z m O o z c z W W ,, aa z V <y o Fa ?_?R W W V 0Q ?y LL. 9 QK LL Is LL m 1 W O m > _ m ?M O(?? r. V u V m i O> co O) co m 0 LL e CERTIFICATE OF SERVICE I do hereby state that on the A- day of September, 2007, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first- class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 ()?Ri - -- Ang a ew Legal Secretary iVA r r . --c7 NICHOLE R. NESTLERODE, Plaintiff V. PAUL J. NESTLERODE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 3325 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, comes Paul J. Nestlerode, by and through his attorney, Mark F. Bayley, Esquire, and in support of the within petition avers as follows: 1. No judge has previously been assigned to a matter involving the above captioned action. 2. The parties are Plaintiff, Nichole R. Nestlerode (hereafter "Wife") and Defendant, Paul J. Nestlerode (hereafter "Husband"). 3. The parties were married on June 7, 2003. 4. At the time of marriage, the parties resided at a residence in York Haven, Pennsylvania (hereafter "York Haven property") which was purchased and built by Husband in 1996. 5. Husband made a substantial down payment towards said purchase and invested substantial funds into improvements to the property. 6. In February of 2006, Husband purchased the residence and property located at 496 South Nursery Drive, Mechanicsburg, Cumberland County, Pennsylvania (hereafter "Mechanicsburg property") which was transferred and deeded under his name. 7. Husband put a down payment on the Mechanicsburg property of approximately $70,000. consisting of funds derived from the sale of the York Haven property. 8. The purchase price of the Mechanicsburg property was approximately $209,900. 9. The monthly mortgage payment for the Mechanicsburg property is approximately $1,325. not including utilities, insurance and upkeep. 10. The current principle balance owed on the Mechanicsburg property is approximately $162,574. 11. Husband and Wife separated on or around November 29, 2006. 12. Wife remained in the Mechanicsburg property. 13. Wife filed a divorce complaint under the above caption on June 5, 2007. 14. Husband was sentenced to 6 to 23 months of incarceration in Cumberland County Prison on September 4, 2007. 15. Husband lost his job which paid approximately $46,000 per year due to said incarceration; he is now earning approximately $12. per hour working for Carolina Logistics on work release. 16. Wife is employed with Capital Blue Cross and earns approximately $32,000 per year. 17. All of Husband's funds, marital and non-marital, have been exhausted, mainly on a variety of purchases made prior to the separation of the parties. 18. Husband has made the mortgage payments on the Mechanicsburg property up to this point; however, he has no means to continue doing so. 19. Husband believes that Wife has neither the intention nor the means to commence and continue necessary payments on the Mechanicsburg property. 20. The parties dispute the portions of this asset that are marital and non-marital. 21. If Wife continues to reside in the Mechanicsburg property foreclosure will be imminent which will lead to the waste of a large part of this asset. 22. Equity requires the Mechanicsburg property to be immediately listed and sold as soon as possible; proceeds should be held in escrow pending equitable distribution and/or agreement by the parties. 23. Wife and her counsel, Jordan D. Cunningham, Esquire, are presumably not in agreement with the within request. WHEREFORE, Husband respectfully requests the Court to Order Wife to vacate the Mechanicsburg property and for said property to be listed and sold as soon as possible. Date: ZMark F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Defendant NICHOLE R. NESTLERODE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07 - 3325 CIVIL TERM PAUL J. NESTLERODE, : CIVIL ACTION - LAW Defendant : IN DIVORCE VERIFICATION I verify that the foregoing statements are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Paul J. Nestlerod , Defendant NICHOLE R. NESTLERODE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07 - 3325 CIVIL TERM PAUL J. NESTLERODE, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendant do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jordan D. Cunningham, Esquire Cunningham & Chernocoff, PC 2320 North Second St. Harrisburg, PA 17110 Dated: 1 7-,,-- z ?- J o Mark F. Bayley, Esq re Attorney for Defendant ? ? ?? ?4 r ?:?%'t ?. 6 ?? a- ? • JAN 02 2008 ,n NICHOLE R. NESTLERODE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07 - 3325 CIVIL TERM PAUL J. NESTLERODE, : CIVIL ACTION - LAW Defendant : IN DIVORCE - - ORDER OF COURT AND NOW, this day of 20,() a hearing is scheduled with regard to Defendant's Petition for Special Relief for the day of 20P,F', at I v o'clock, M. in courtroom number of the Cumberland County Courthouse. Distribution: Mark F. Bayley, Esquire Jordan D. Cunningham, Esquire COP C&S mt9ACCL /k/d$ BY THE COURT: Z O M- W Cr- NV MZ t t '1 ? r ti cl 3HI JO NICHOLE R. NESTLERODE, Plaintiff V. PAUL J. NESTLERODE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 3325 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this Z 7 day of fvG, !? :., , 20 o8 , the following is hereby Ordered: 1. Plaintiff shall vacate the residence located at 496 South Nursery Drive, Mechanicsburg, Pennsylvania within /0 days of this Order; 2. Said property shall immediately be listed for sale with a realtor selected by Defendant and sold for fair market value as soon as possible; and 3. The proceeds from said sale shall be held in escrow pending further order of court or agreement by the parties. Distribution: /Mark F. Bayley, Esquire ?Jordan D. Cunningham, Esquire co ts n-t ta c LcC P BY THE COURT: .-i ?,j , t x0110Z NICOLE R. NESTLERODE, Plaintiff V. PAUL J. NESTLERODE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07 - 3325 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION TO COMPEL DISCOVERY AND NOW, comes Paul J. Nestlerode, by and through his attorney, Mark F. Bayley, Esquire, and in support of the within petition avers as follows: 1. Defendant previously responded to 40 interrogatories forwarded by Plaintiff. 2. Defendant forwarded 14 interrogatories and document requests to Plaintiff on August 8, 2008. 3. Despite repeated requests from Defendant's counsel, Plaintiff has failed to respond to said interrogatories. WHEREFORE, Defendant respectfully requests that (1) the Plaintiff immediately provide the discoverable materials requested by Defendant and (2) the Defendant be awarded reasonable attorney fees incurred by Defendant in pursuing the within motion, which would not have been incurred if Plaintiff had willingly complied with Defendant's reasonable discovery requests, and (3) all other relief deemed appropriate by the Court be granted. Date: Mark F. Bayley, Esqu' e Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 NICOLE R. NESTLERODE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07 - 3325 CIVIL TERM PAUL J. NESTLERODE, : CIVIL ACTION - LAW Defendant : IN DIVORCE VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney for Defendant in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: " 9 ?' h Mark F. Bayley, Esquire NICOLE R. NESTLERODE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07 - 3325 CIVIL TERM PAUL J. NESTLERODE, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendant do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jordan D. Cunningham, Esquire Cunningham & Chernocoff, PC 2320 North Second St. Harrisburg, PA 17110 Dated: ? 0 Mark F. Bayley, Esqui r? ,. CID NICOLE R. NESTLERODE, Plaintiff vs. PAUL J. NESTLERODE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3325 CIVIL IN DIVORCE IN RE: DEFENDANT'S MOTION TO COMPEL DISCOVERY ORDER AND NOW, this /?-' day of January, 2009, a rule is issued on the plaintiff to show cause why the relief requested in the within motion to compel discovery ought not to be granted. This rule returnable fifteen (15) days after service. BY THE COURT, Kevin .Hess, J. A? Alts - Id \A,147 &-OI? -f Pf, - I '9W SIVC60 - /Ir tl, id AiN 9c ?c wa Z 1 Nvf 6082 MARITAL SEPARATION AGREEMENT THIS AGREEMENT, entered into on the specified date below, by and between Paul Nesteerode, (hereinafter referred to as "HUSBAND") and Nicole Neslerode, (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on June 7, 2003; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, 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; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and 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. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity, as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. s 4. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 5. Each party to this agreement acknowledges and declares that he or she, respectively: A. Enters into this agreement voluntarily after receiving the advice of counsel; or, after having ample time to obtain advice from counsel and voluntarily declining to do so. B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations of the parties; C. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and E. Fully and completely understands each provision of this agreement, both as to the subject matter and legal effect. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of Marital Property for inadequate consideration without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all of the above information from the other party. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns filed by or on behalf of both parties during the marriage. 7. DEBTS AND LIABILITIES: a. It is mutually agreed by and between the parties that HUSBAND will be responsible for the following debts, liabilities, contracts and payments relating to the same: 2 (1) The marital residence located at 496 South Nursery Drive, Mechanicsburg, Pennsylvania. (2) Credit card debt acquired while the parties were married in the following credit card accounts which are in HUSBAND's name: Bank of America; Chase; Lowe's; GAP; and Express. (3) Any vehicles and/or items of personal property in HUSBAND's possession at the date HUSBAND executes the within agreement. b. It is mutually agreed by and between the parties that WIFE will be responsible for the following debts, liabilities, contracts and payments relating to the same: (1) Any vehicles and/or items of personal property in WIFE's possession at the date WIFE executes the within agreement other than for those items being transferred to HUSBAND pursuant to the within agreement. 8. CASH ASSETS AND OTHER ASSETS: The Parties have previously separated cash assets and other assets not otherwise mentioned by this Agreement to their satisfaction. 9. PERSONAL PROPERTY, VEHICLES, ETC.: a. HUSBAND will assume full ownership of the following items currently in WIFE's possession. (1) silver trimmed dish set previously owned by HUSBAND's parents; (2) silver set previously owed by HUSBAND's grandparents; b. HUSBAND assumes full ownership of the following items should they turn up (they are currently missing): (1) Craftsman air compressor; (2) 12" DeWalt compound miter saw, with extra blade; (3) Craftsman circular saw; (4) Two (2) reciprocating saws; (5) DeWalt jigsaw; (6) Craftsman belt sander; (7) DeWalt Orbit sander; (8) Bostitch air nail gun; (9) Kobalt screwdrivers; (10) Socket and ratchet set; (11) Levels (2', 3', and 4'); and 3 (12) Little Giant Ladder, Model 22. C. WIFE will transfer the above items to HUSBAND, in the same good condition they were in at the time they were removed from the marital residence, within seven (7) days of the date of execution of the within agreement. d. The Parties have previously separated all personal property, vehicles, etc., not otherwise mentioned by this agreement to their satisfaction. The respective party currently possessing property not mentioned by this Agreement at the time this Agreement is executed will assume full ownership of said property. e. The parties agree to transfer all contracts and legal title associated with the above property to the party assuming ownership as soon as possible. 10. REAL ESTATE: The parties agree that HUSBAND shall assume full ownership of the marital residence located at 496 South Nursery Drive, Mechanicsburg, 11. SUPPORT AND ALIMONY: Both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony or spousal support before or after any divorce which may be granted. 12. RETIREMENT ACCOUNTS: a. HUSBAND will assume full ownership of any and all Pension and/or Retirement plans currently in his name. b. WIFE will assume full ownership of any and all Pension and/or Retirement plans currently in her name. 13. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, 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 may now have or hereafter acquire, under the present or 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, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each 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. Additionally, each party waives and relinquishes any and all rights to share in any estate inheritances or bequests the other may receive and/or be entitled to. 4 14. INCOME TAX RETURNS: All future income tax returns will be filed separately and the parties will each retain any refund due to them. 15. DIVORCE: HUSBAND and WIFE agree to voluntarily execute all necessary documents to finalize a divorce. 16. BREACH AND ENFORCEMENT: In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party, whether petitioner or respondent, in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. The parties agree that any enforcement action may be filed under Cumberland County Civil Docket Number 07-3325. 17. ADDITIONAL INSTSRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this agreement. Each party shall execute documents relating to this paragraph no later than seven (7) days after being requested to do so by the other party. 18. 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. 19. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 20. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 21. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on 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. 22. MARITAL DEBT: Each party hereby confirms they have not incurred any additional debt since their separation that has in any way obligated the other party. Neither 5 party will take any action to incur additional debt of any nature whatsoever in the other party's name from the date of execution of this Agreement forward. 23. EQUITABLE DISTRIBUTION: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26), known as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. 24. SUMMARY OF EFFECT OF AGREEMENT: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 25. RECONCILIATION: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this Agreement or cause any new marital rights or obligations to accrue. 26. SEVERABILITY: 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. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 27. NO WAIVER OF DEFAULT: This agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 28. INTEGRATION: This Agreement constitutes the entire understanding of the 6 parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 29. EFFECT OF DIVORCE DECREE: The parties agree that unless 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. 30. 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. 31. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall insure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 7 32. EFFECTIVE DATE: This agreement shall become effective immediately upon its date of execution as defined above. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date indicated below. TNESSES: O-c C' L 4 c C d'' W f - lrvlqlj aul erode Date r ?a0 414 Nicol estlerode Da COMMONWEALTH OF PENNSYLVANIA ( : SS COUNTY OF CU M b e C I Q n Q PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County Pennsylvania, this t day of PC2M13 4 f , 2008, Paul Nestlerode, known to me (or -10 satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PE 0,1' Notarial Sea! Julie M. Good, Notary Nuu,,: n-1 L'An Carlisle Boro, Cw beriano Cax, s'. N y Public My Commission Expires Dec 6.2(} Member, Pennsylvania Asssria±ion of Nwari.,r COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUY` b-er la r PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County Pennsylvania, this &QW"' day of , 2004, Nicole Nestlerode, known to me (or satisfactorily proven) to be the person whose ame is subscribed to the within agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHREOF, I have hereunto set my hand and official seal. ?k It, ro . do oa COMMONWEALTH OF ;i N tary Public Notaftl Sea- Julie M. Good, Notary j; .i" 4 Carlisle Boro, c nwam c .jr k MY CorrM*,sion Expires r, h 2W Member, Pennsvlvwg4A b T? n 8 ?} N ry C?n w.`J NICOLE R. NESTLERODE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 07-3325 CIVIL TERM PAUL J. NESTLERODE, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on June 5, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 AUTHORITIE' Date -c? gym: (Tt NICOLE R. NESTLERODE, Plaintiff VS. PAUL J. NESTLERODE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-3325 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER L3301(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 THE FOREGOING 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. ao 0 Dat Nicole estlerode c : 2 7 rs- ./may NICOLE R. NESTLERODE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07-3325 CIVIL TERM PAUL J. NESTLERODE, : CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on June 5, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. a?Y?4 - _?ep - a a Paul Nestlerode Date— <f N 1 ? NICOLE R. NESTLERODE, Plaintiff VS. PAUL J. NESTLERODE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-3325 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(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 THE FOREGOING 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. Da a aul Nestlerode C7 0 ? ? ?o ~rt v l N y _; -? ` ?- -? '; ~? r. _ t.? NICOLE R. NESTLERODE, Plaintiff VS. PAUL J. NESTLERODE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-3325 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSWr RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: filed on June 5, 2007 and Acceptance of Services signed on June 19, 2007. 3. Date of execution of the affidavit of consent required by § 3301(c) of The Divorce Code: by the Plaintiff January 20, 2009; by the Defendant December 18, 2008. 4. Related claims pending: None 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on January 21, 2009; a copy of which is attached. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on January 21, 2009; a copy of ich is Date: Mark F. BVley, Esquire BAYLEY & MANG,,ON 17 W. South St. Carlisle, PA 17013 717) 241-2446 Supreme Court I.D. # 87663 Attorney for Plaintiff ? ?-? C. ; *'r's t ;' ?t7 C... ??- ? "ri rti> -s - :.?,? ?,._ :? ? ?' . ? ?? r.n r,,. ? -h? [v c,w °< IN THE COURT OF COMMON PLEAS OF Nicole R. NeStIeCOde : CUMBERLAND COUNTY, PENNSYLVANIA V. Paul J. Nestlerode NO. 2007-3325 DIVORCE DECREE AND NOW, it is ordered and decreed that Nicole R. Nestlerode -,plaintiff, and Paul J. Nestlerode , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Court. czrl ` : y? t