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HomeMy WebLinkAbout99-00006 .~ ,. +M~ •uo- •.e;• .w~ • <r. ~ ~ •sr.• .x..;,~.:~..:~: <~> :r. c~• •as..~; ~:r. t~ r,. w:~•:+>:~art j ._~,_, _ ~ ..._ _.~ .. .. ,. _ ........... _ .._,..._... _~.. _~ ..~ ...._.. _..., ~_.__, ._...__. ~ ~ ..~~ ~~ IN THE COURT OF CCJMMON PLEAS OF CUMBCRLAND COUNTY i~ i tis STATE OF ~, R PENNA. ~I..d ;f. DENNIS M. WENTLING :~ _ _„ _ _ _ ~~ 6 PLAINTIFF N!) ........ ............ __ _ _. ~i i VV JEAN C, WENTLIt4~~'~~y v :- _ I } DEFENDANT III :: _ _ _ iv ~ DECREE IN DIVORCE ~' ' ~ ....,....... 19 99 AND NpW, .... , , ,A,~, r .t, , , , I {Q„ . , 19 4d, . , , it is ordered and ~' decreed that Dennis M. Wentling plaintiff, M K and ....,.,,Jean C. Wentling ... ............................ defendant, ~% are divorced from the bonds of matrimony. ~+ The court retains jurisdiction of the fallowing claims which have y been raised of record in this action for which a final order has nat yet ~ been entered; The Marital Property and Sett..lement Agreement dated February ..,.I ..................Y.......p,..,..,..........,,.,,.,..,......,.......,,, !v 22 1999 is hereb incor orated into this Decree in Divorce. j~' nY The Court: Altc+t~ ~~4T ~ ~~ ~ J. ~ ' 1 rMhonolnry 3 ,, i i i ;i; i ;e' ~ ~ Y i 1 1 ~.AR I TAf~Plio~~3'Jt_.. AND .._$~'$~~l1~1~1T....AOl~{~NT THIS AGREEMENT, made this 22nd day of February 7.999, by~ and between Jean Capps Wentling, party of the first part, hereinafter referred to as "Wife", and Dennis Michael Wentling, party of the second part, hereinafter referred to as "Husband". WITNESSETHt WHEREAS, the parties hereto are husband and wife, having been married on January 2, 1988; and WHEREAS, certain differences have arisen by and between the parties as a result of which they have now separated and the parties hereto are desirous of settling fully and finally their respectlve financial and property rights and obligations as between oach other including, without limitation by specifications the settling of a:Ll matters between them relating to the ow~rership and equitable distribution of. real and personal property; t.ae settling of all matters between them relati.nq to the past, present and future support, alimony and/or' maintenance of Wife by Husband or of Husband by Wife; and in goners]., the settling of any and all claims and possible claims by one against the other or against their respective estates. --- WHEREAS, the parties being fully advised as to their respective rights, duti~as and obltgat.ions growing out of their marita'1 status, particularly with respect to the relevant sections of the Divorce Code, Act of April 2, 1980, P.L. 63, Act No. 26, ~s ameQl~ed , 23 P.S. 3101 et sHg,,,, and being fully aware of their right to consult with or having consulted with their respective legal counsel or acivi.sors, Andrew C. Sheel.y, Esquire, Attorney for Wife, and Michael S. Travis, Esquire, Attorney for Husband, and having had the opportunity and ability to requost a full and complete disclosure of income and assets from the other., and reviewing this Agreement, have come to an agreement as to oach and all of. their sa:1d matters of property and relations; and WHEREAS, Husband has filed a No-fault Complaint in Divorce, said Complaint being docketed in the Cumberland County Prothonotary': office at 99 - 6. NOW, THEREFORE, i.ri consideration of the above recitals and the mutual covenants hereinafter set forth, each of the parties hereto intending to be legally bound hereby by aff.i.xing their hands and seals agree as follows: 1 . ApVICE._OF_ COLINSEL Husband and Wife acknowledge that they have been given tine opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their legal Affect in advance of 2 ,~- ~~ ; , the date set forth above to permit such independent review. Each party arknowl.edges that he or she has had the opportunity to x•eceive independent legal adv.i.ce from counsel. from his or her selar..tian, and that each fu17.y understands the facts and has been fui.ly informed as to hi.s or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, and the circumstanc~as, fair and equitable, after having the opportunity to receive such advice and with such knowledge, and that execution of this Agreement is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has had the opportunity to be fully advised by his or her respective attorney of the impact; of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed indiv.iduall.y by the other, counsel fees and costs of litigation and, fully r knowing the same and having the opportunity to be fully advised of his or her rights thereunder, each party hereto stil'1 desires to ..execute ttas Agreement, acknowledging that the terms and conditions set forth therein a.re fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court 3 ,,"1 ~,.. r., 1 ~ , of competent juriadict;i.orr, make any determination or. order effpctinq the respeeti.ve parties rights to a divorce, al.tmony, alimony pendente 11.te, equitable distribution of all rnarital property, counsel fees and costs of litigation. It shall be lawful for each party at all times hereafter to live separate and apart from each .other i.n such place or. places as he or she may from time to time choose or deem fit. 3. INTERP'ERLNCE Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other or compel or endeavor to compel the other to cohabitate or dwell with him or her, or to in any way harass or malign the other. 4. WAIVER_OF_CLAIMS AGATNST ESTATES Except as otherwise provided herein, Husband relinquishes .his inchoate intestate right and his right to act as a personal representative in the estate of Wife, and Wife relinquishes her inchoate intestate right and her right to act as a personal. representative in the estate of Husband. Each of the parties hereto by their presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim and forever discharge the other party hereto, 4 ,~ ~' t'`: , , his or hor heirs, executors, administrators or assigns ar any of them, of any and all. claims, demands, damages, actions, causes of actions, suits, at law or equity, of whatsoever kind or nature, for or .because of any matter or thiny omitted or suffered to be done by said other party prior to and including the date hereof.., except that this release shall in no way exonerate or discharge either party hereto from the ohligati.ons and promises made and Imposed by reason of this Agreement and shall .in no way affect any cause of action in absolute divorce which either party may have against each other. 5 • MARITAL _AHD_NQN~-MA[2TTAT3_PROPE'F2TY The parties hereto acknowledge that during their marriage they have acquired, individually or jointly, various marital assets and the increased value of non-marital assets and property, including the following: (A) Marital residene'e located at 7 Golf Course Road, Dillshury, York Counl:,y, Pennsylvania, with an appraised value of $167,500.00; and (B) Husband's 401 (k) savings plan with Fidelity in the approximate amount of $5,000.00; and (C) Wif.e's 401(k) savings plan with Keystone Financial in the approximate amount of $16,000.00; and (D) Husband's IRA with Harris Saving Bank in the 5 .. , '~? ~», . , .approximate amount of $2,000.00; and (E) Wife's IRA with Franklin Templeton in tho approximate amount of $6,000.OU; and (F) 183 shares of Keystone stock titled in the name of Jean C. Wentli.ng with an approximate value of $6,500.00; and (G) Mi.scel.laneous SBr'.ie9 "E" Bonds titled in the name of Dennis C. Wentling or Jean C. Wenta ing with an approximate value of $1,050.00; and (H) 1996 Buick Skylark titled in the name of Wife with an estimated value of $9,000.00. (I) Loan on 1996 Buick Skylark in the name of Wife with an approximate pay-off of $'],200.00; and (J) 1999 Ford Explorer (leased by Husband); and (K) curial Crypts at Rolling Green Cemetery with an estimated value of $9,500.00; and (L) Cherry Dininq Room Set, including a cherry table, four (4) cherry chairs, two (2) raptain chairs, a cherry buff et and two (2) piece cherry china closet with an estimated value of $3,000.00; and (M) Family Room Furniture, including a sofa, love seat and a recliner/rocker combination with an estimated value of $,1,800.00; and (N) Miscellaneous personal property, including e ~ ~,,,,. Ir r ~ r furniture, personal items, dishes, tools, jewelry, increase in value of non-marital property, equipment, coins and cash; and (0) Mortgage on mar.i.ta1 residence with Homesi.de Londing with an estimated payoff of $1.08,000.00; and (P) Home Equity Line of rredit encumbering marital residence with Harris Savings with an estimated payoff of $26,000.00. Husband and Wife acknowledge that they are aware of their respective rights pursuant to the Divorces Code of 1980, as amended, to obtain fo.r:mal valuations or appraisals of. the marital residence, any and all pensions, and other items of marital property. However, the parties agree that they wi1J. not undertake this expense and acknowledge that no financial disclosures are ' attached to this agreement as separate exhibits or schedules. The parties hereby waive any necessity for r.ompleting or attaching any financial disclosure(s). Each party further acknowledges the opportunity t.c attach a full and complete financial disclosure and that such disclosure is not desired to effectuate a Yair and equitable resolution of t,hei.r marital rights, duties and obligations as provided in the Divorce Code of 1980, as amended. 6. PERSONAL_,_i?ROPERTY 7 r°' ~ , The parties hereto mutually agree that Wife shall be entitled to items (L) and (M) as set forth above in paragraph 5. Wife shall obtain these items on or before March A, 1999 and Husband shall make reasonable accommodations to allow Wii'e to pick-up the items from the marital residence. Further, the parties hereto mutually agree that they have effected a satisfactory division of. the furniture, household furnishings, appliances and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner. of all such tangible personal property presently in his or her possession, whether said property i.s heretofore owned jointly or individually by the parties hereto, and this Agreement- shall have the effect of: an assignment or bill of sale from each party to the other for such property as may be in the individual possessions of each of the parties hereto. Husband and Wife agree that they have divided between themselves, to their mutual satisfactj.on, all items of tangible and intangible marital property. ~leither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or. under the control of the other. From and after the date of the signing of this Agreement 8 f ' ~~ ~ ~ ~ ~ both parties shall have complete freedom of disposition as to their separate property which is in their possession or contrpl pursuant to this Agreement and may mortgage, sell, grant, convey or otherwise encumber or. dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 7. R_F.,AL ESTATE Wife agrees to transfer her. right, title and interest in and to the parcel of jointly-owned coal estate with improvements thereon situate at 7 Golf Course Road, Dillsburg, York County, ' Pennsylvania, to Husband and to sign all documents necessary to effect said transfer of the title to the real estate to Husband's name individually. Husband further agrees to satisfy and save Wife harmless from any obligation which she may be liable as a result of the mortgage with Homeside Lending, or any successor thereto, and to the Home Equity Line of Credit with Harris Savings, as well as any other encumbrances presently constituting a lien the jointly-owned real estate, said mortgages and encumbrances bei.nq recorded in the York County Recorder of lleeds Office. Husband agrees that upon delivery of the deed to the jointly-owned real estate, he will 9 a ~ .r r~~ `Y.. f , continue to make the mortgage and home equity line payments and will indemnify Wife on account of any obligation she may, have on account of the mortgage or line of credit, as we1.l as any other obligation concerning the ownership of the real estate including, but not being limited to, municipal liens, roal estate taxes, sewer and water assessments, fire and casualty insurance, grad utilities. Furthermore, Husband agrees to satisfy the mortgages and home equity lines of credit through refinancing or any of:her method of payment within thirty (30) days from the date of this Agreement or. within a reasonable period of time thereafter not to exceed ninety (90) days. Husband agrees to assume all costs associated with refinancing the debts identified above, including the costs of dead preparation and recording fees associated with transfer of the real estate from Husband and Wife to [iusband. Husband and Wife further agree that Husband shall assume any and all liability for any capita]. gains taxes which may be assessed hereafter as the result of a sale of the above described real estate, by qualifying for an exemption or by paying any r_axes due, if applicable. 8 . LUMP_ SU~1_. PAYMLNTS_ a. At Husbands settlement for refinancing the debt on the marital residence, Husband shall. pay Wife an amount of One 10 a , s-< Thousand Dallara ($1,000.00) by dash or certified funds; and b. on or bei'or.'e Marrh 4, 1999, Husband shall. pay Wife an additional Fivo 'T'housand Dollars ($S,OOq,00) by cash or. certified funds, prov:tded that: such funds are made available to Husband. Wife acknowledyes that the sourre of such funds i.s from Husband's 401 (k) retirement accoum: and Husband agrees to undertake any and all reaeonakrl.e efforts to prov.i.de sucta funds to Wife wi.t:.hin the time f:.rames set forth above; and r.. Aoth payments made in accordance with subsections (a) and (b) of this paragraph shall. be considered payments to constitute a division on marital property and in no circumstances shall either payment be considered a payment of alimony, maintenance or other form of support. 9. BURIAL C_R.YPT$ The parties agree that Wife shall be entitled to the burial crypts and that Husband shall execute any and all documents necessary to transfer exclusive ownership of the burial crypts t:o Wife. 10. ~10TOR_VEHICI~ES_AND TRAILER The parties hereto agree that Husband shall be entitled to have the sole and exclusive control, benefit, use and title of the 19~~9 Ford Explorer, and that Husband shall hold Wife harmless from any l.iabili.ty associated with th© lease on such vehicle, Th9 `; -~. , parties hereto agree that Wife shall be entitled to have the sole and exclusive control, bonefi.t, uoR and title oi' t;he 1996 Buick Skylark and that W:Lfe sha1.1 hold Husband harmless from any li.abi.l.ity associated with the 1996 Nuirk skylark. mi.tles to the motor vehicles shall be transferred within thirty (30) days from the date of this.Ayreement to the party receiving title .in accordance with this Agreement, ,if necessary. 11. ~ISC.,F_.LLANEOUS. (A) The parties hereto acknowledge and agree that any and all savings and checking accounts, as we1.1 as certificates of deposit, owned by them jointly or singly, have been divided to their mutual and individual satisfaction. Husband vhall ho entitled to exclusive possession of all Savings bonds (or proceeds thereof) as identified above in item 5 (G). W.i.fe shall be entitled to exclusive possession of all stock titled in .her. name as identified in item 5 (F). (B) Neither party hereto shall make a ci.aim upon the other for accumulated pension, profit-sharing, retirement support, retirement benefits, insurance policies, IRA's, or any retirement-related benefits. Wife specifically waives her right to claim any portion of. Husband's h01 (k) .F1.an and his IRA as identified in Items 5 (I9) and (D) above and Husband specifically waives his right to claim any portion of Wife's 4U1 (k) and her 12 1 / 1 ~`\ . IRA as identified in Items 5 (C) and (E) above. Both parties shall assist with signing any documents necessary to waive their respenti.ve interests in these retirement-related benefits, if necessary. (C) Tho parties hereto acb.nowledge and agree that any and all life insurance policies owned by them jointly or singly have been divided to their mutual. and individual satisfaction. Eaeh party hereto acknowledges that they have in their. soli possession those policy or policies of life insurance which they intend to keep and retain as their sole and exclusive property and, further, each party shall have the right to designate the beneficiaries of said policies. (D) The division of ex].stiny marital property is not, except as otherwise expressly provided herein, intended by the parties to constitute in any way, a sale or exchange of assets and the division is being affected without the introduction of outside funds or other property not constituting apart of the marital estate. As a part of an equitable division of the marital properties and the manta]. settlement herein contained, the parties hereto agree to save and hold each other harmless from a.ll income taxes assessed against the other resulting from the division of the property as herein provided. (E) Each party represents and warrants to the other .that 1.a 1 , l-"~~ °. he or she hae not .incur'rr~d irtry debt, ob]:Ixlat,ion or.' ather liability, ather t:ban those, dc,sprlh~d .1n this Agreement,,on which the other party is or may hu Lial.,lo. A L:Lah.ill.tY not disclosed in this Agreemerrt wJ.].J. be the rwoao cc,s).,onerihall.t;y of t:he party who has incurred or. mrty kenc,nfter Incur I1., and sur:h party agrees to pay it as th~c same nhal I hncornc, ;luf,, +uul I:o ndemnifY and hold the other party and h .s c:u her )u n),erty hu mless i'rom any and all such debts, obJ..iyat:l.onn ru,d f Inlil I Il lun, (F~') Is'aah )urrly rc,),re~rtenl.H +and warrants to the other that they sha].1 f.i.lc+ a jc~lnt Lnc,onu~ tax rerun .f.ac' -tax year 1998 and separate inr:om<~ trtx rc,tuuua thc,rccrcl.er, l:nfarmation maintained by one party whirls is ncar:esrtary t.o cc,rnplcaLe any income tax return shall not be unreascmrchaY w:Lt.hhcal.d upon the request of either party, Any and a.lJ t:ax t.etunds );,ayabJ.e t:o Husband and Wife f.or tax year 1998 sha.la be candarsed by Husband when received and all tax refund or. procet,ds sha:L 1. k,<a doli.vered to Wife as part. of the equitable distr:ibut:l.on of mach-a.l assets, Any and all tax payment due to the IRS for tax yt,ar 1998 shal.a be assumed egual].y by both of the parties, if appl.icmhle, 12. DF~,~iTS Qp' NIiSItANFr nNFt WJ @'[~; As idont:.i,fied above, IRrshand and Wafe have incurred various mar.ital., (Joint. an,1 ac~ptu ate,) riebts prior to separation. Preaent.ly, Husband and W i l'c~ rumal n i ndtabted to the following 1A r-, , persona or entities in the following approximate amounts: N.~S.e_ Am~nt of Debt A. Homeside Lending {mortgage) $108,000.00 B., Harris Savings $ 26,000.00 C. Fulton Bank (1996 skylark) $ '1,200.00 Husband hereby agrees to assume full liability and hold Wife harmless from any liability associated with items A and B as set forth above by refinancing on the marital residence in accordanrp with paragraph 7. Wife hereby agrees to assume full liability and hold Husband harmless from any liability associated with item C above. 13. ~h.IMONY. SUPP~RT_A~ID_MASNTENANCG Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further, voluntarily and irrtelligentlp, waive and relinquish any right to seek from the other any payment for support, alimony and maintenance and, further, waive and relinquish any rights to division of property, other. than provided in this Agreement and, finally, waive any rights to alimony pendente life, counsel fees and court costs. 15 ~~ , Husbtutd and Wife cu:e aware of each ot:her's incomes and that they havo bcrcur r.eapuc!t.lvcciy advisod acrd are aware of the rontent:s of tirc, provlsir,ns oC Lhe pivorcu Codes, as amended, in P©nnsyivanla, whcut,ln c,onnidorai;inns arty sot forth in determining an appropriFltn ruuyunt-, li' wry, to he paid i.h t-he form of alimony. After hoi.nri 1'u]ly advJsr!d of t:he contents of the pivorce Code, as amondHd, both part.lcas vuluur.ar-:i.a.y and i.nte.li.igeatly waive and rellnetuish any rlghl. to seek from the other payment for support, ali.rnorty and rn+ri nt.crnanc~o, 14. MU'1.'U~,l, 7ihJ~[SASC .5uhject to t:ho provisions of this Agreement, each party waives hi.s or her right. to .alimony and further distribution of pxopert:y in+.irsnuu-h as the partl.es hereto agree that this Agreement prov:ldes i.'or wr equi.t:at?le distribution of their marital property in aecc>rdanae w.i.th the Di.vorre Code, as amended. Subiect to rno prov.is.tons of I:his Agreement, each party Las released and discharged and by this Agreement does for himself or herself, and his or her heirs, ]eyai. representatives, executors, administrators and ass.l.gns, rei.ease and d.l.scherge the other of and from all causes ot: action, el.aims, rights or demands whatsoever in law or eguit:y, which cit:her of the parties over had or now has against the othcu, except any or all cause or causes of action for divorce is or except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives their. right to request marital counseling pursuant to Section .3302 of the Divorce Code. 15. S[JBS~UEI~T__UIyORCE. A decree in divorce entered by a court of competent jurisdiction to either party shall not suspend, supersede or affect the terms of this Agreement. Both parties agree, if. requested, to enter a Consent Order or orders concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania, or. any other Court of competent jurisdiction, as a part of a resolution of any divorce action filed or to be filed. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. furthermore, both parties hereto agree, if requested, to execute the appropriate affidavits and consents to secure a No-fault Divorce as may be required by the Divorce Code, as amended. Doth parties hereto agree that this Agreement may be incorporated into a separate Court order but shall not merge in such order. 17 ,~r. ,~.. 16. TI ~A~AFI~i`1__,ENT 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. Husband and Wife acknowledge and agree that the pravi.sions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 of the Divorce Code or any amendments thereto, Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver. by either party of any rights to seek the .relief of any court f.or the purpose of. enforcing the provisions of this Agreement. 17. VOLUNTARY EXECUTION.. The provisions of this Agreement and their legal effect 18 '~ have been fully explained to the parties by their respeetiva counsel, and each patty acknowledges that the Agreement is fair and equitable, that it .ia being entered into voluntarily, with full knowledge of the assets of both parties, and that it is nut the result of. any duress or undue influence. The parties acknowledye that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respertivo counsel. 1©, ApDITIONAli INST$UI~F;NTS Husband and Wife shall from i:ime to time at the request of the other, execute, acknowledge and deliver to the other party any and al]. further instruments that may be reasonably required to give full force and effect to the conditions of this Agreement. 19. 1~ODI_F.ICATTON._AHD WAIVER Any modification or waiver of any of the provisions of this Agreement shall he effective only if. made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon stri.^.t performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or construed as a waiver of any other term, condition, clause or provision of this Ayreement. i9 ~, 20. ~I~aGli 1f either party hereto breaches any provision of this Agreement, the other party shall have the right, at his or her election, to suo for such breach, or seek other remedies or relief as may be available to him or. her. Both parties agree and are aware that noncompliance with any provision of this Agreement permits either party to pursue appropriate legal remedies, including sanctions as set forth i.n 23 Pa. C.S.A. 83105. F,aclr party further hereby agrees to save and hold harmless the other party from any and all attorneys' fees, costs and legal .expenses and expenses that either may sustain, or incur or become liable or answerable for, in any way whatsoever, or shall pay upon, or in consequence af, any default or breach by the other of any of the terms or. provisions of this Agreement by reason of which either .party shall or shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or. equity or both or in any way whatsoever, provided that ttte party who seeks to recover such attorneys' fees, costs and .legal expenses and expenses must first be successful in whole or in part, before there would be any liability for attorneys' fees, costs, legal expenses and expenses. Tt is the specific ayreement and intent of the parties that a breaching or wronydoiny party shall bear the burden and obligation 20 ~, ~ , , I ~~ r-~ ~ . . of any and all coats and expenses and counsel fees incurred by the other party in endeavoring to protect and enforce his or her rights under this Agreement. All remed es provided by law and all remedies provided for in this Ayreertient for enforcement of. the Agreement shall be deemed to be cumulative and the exercise of one remedy shall not bar or prevent. the pursuit of any other remedy and either party may elect i:o pursue such remedies simultaneously and the exercise of a remedy one or more times shall not exhaust its use or prevent further pursuit of such remedy. 21. ATTgR[iEY__FEES AKD CgSTS Husband and Wife shall each assume their respective counsel fees as part of the divorce action commenced in the ease. Husband ahall. assume all costs associated with the divorce complaint docketed to 99 - 6 in the Court of Common Pleas of Cumberland County. 22 . IlGSCRIPTI~~IEADINGS The descriptive headings used herein are for convenience., only. They shall not have any effect whatsoever in determining the rights or. obligations of. the parties. 7.3. INDEPENDENT 5EPARATE. COVEN}1NTS It i.s specifically understood and ayreed by and between the parties hereto that each parayraph hereof shall be deemed to be a separate and independent covenant and agreement. 21 ' ~ ~ ~ , . ,. . 24. ~PP~C}tpLE_~ This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. For contract interpretation parties, this Agreement was prepared by both parties. 25. VOID CLAUSES If any term, conditions, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or other-wise, then only that term, condition, clause o.r provision shall be stricken from this Agreement and in all other respects this Agreement shall he valid and continue in full force, effect and operation. 26> BINDING_AGRE;EM.ENT This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. TN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above ~arit.ten. WITNESSs ~~ -...~`~_-~---- - _--- --__------------~-- SEAL) ., Je~i Capps Wentling (~ Dennis Michael Wentlinq 22 ---------- • ~ ,- 1 . ,.. COMMONWEALTH OF PENNSYLVANIA s s 95. COUNTY OF CUMBNRLAND f. Ora this, the day of , 1999, before me, the undersigned officer, personally appeared Jean Capps Wentli.ng, known to me (or satisfactorily proven) t.o be the person whose name is subscribed to the within instrument and acknowledged -that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. - -~---Notary Public------~- My Commission Expiress COMMONWEALTH OF PENNSYLVANIA f fGS COUNTY OF CUMBERLAND s On this, the day of , 1999, before me, the untiersigned officer., personally appeared Dennis Michael. Wentling, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Pub.lie My Commission Expire 23 DF:NNIS MICHAEL WEN'TLINC, : IN THE COURT OFC'OMMON PLEAS OF PLAINTIFF, :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. IN llIVORCF, JEAN CAPPS WENTLING, ; DEFENDANT. : NO. 99 - 6 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)(I} of the Divorce Code, 2, Date and manner of service of the complaint: January 6, 1999, Certified U:S, Mail, Restricted Delivory, Affidavit of Service attached. 3. Date of execution of the affidavit of consent required by § 3s01(c) of the Divorce Code: by plaintiff on April 7, 1999; by defendant oat April 7, 1999, 4. Related claims pending: None; Economic claims were settled by Marital Settlement Agreement dated February 22, 1999. S. Date plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: April _7, 1999, Date defendant's Waiver of Notice in § 3301(c}Divorce was filed with the prothonotary: April _~; 1999, i'w~ ,J Michael S, Travis Attorney for Plaintiff ~' i . ~c~ r i e.. ~ L~.i ~~_: ~ ac ~~~ ii~~ wc~ r,, ~_ c-' ~ ~+ ~~ , <~ ~ ~^ ~,~ r ~~ ~~ DENNIS MICHAEL WEN7'LING, ; IN TILE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, PENNSYLVANIA v' ~ NO, 98 • (P CIVIL TF,RM J ~ AN CAPPS WEN'I'LINC, ~ IN DIVORCE DEFENDANT. , NOTICE TO llEFr;ND AND CLAIM RIGHTS Y0I1 HAVE BEEN SUED IN COURT'. If you wish to defend against the claims set forth in the following pales, you rnust 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 amrulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children, When the ground for 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: Office of the Prothonotary Cumberland County Courthouse Carlisle, Pennsylvania 17013 IF YOU 1)O NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEE5 OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF'CHEM, YOU SHOULD TAKE TFIIS PAPER TO YOUR LAWYF,'R A'I' ONCE. IF YOU DO NOT HAVF. A LAWYER OR CANNOT AFFORD ONE, GO'f0 OR TELEPI-IONE'FHE OFFICE SET FOKTH BELOW TO FIND OUT WHERE YOtJ CAN GE'f LEGAL, FIELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 DENNIS MICHAEL WENTLIN(;, PLAINTIFF, v, JEAN CAPFS WF.NTLING, DEFENDANT. IN THE C()UR7' OF COMMON PLEAS : uuMrdN.'RLANU COUNTY, PENNSYLVANIA s N0.9S - L CIVIL TERM IN DIVORCE NOTICE OF AVAILABILITI' OF,~QUI~S , NG TO THE WITHIN-NAMED DEFENDANT; You have been named as the Defendant in a Complaint in divorce proceeding filed, in the Court of Common Pleas of Cumberland County. 't'his notice is to advise you that in accordance with Section 3302(d) of the Divorce Coda, you may request that the court require you and your spouse to attend marriage counseling prio:• to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 Narth Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to yot: and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be horne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice, Failure to do so will constitute a waiver of your right to request counseling, ,, , ,, IDENNIS MICHAEL WENTLINC, ; IN THE CQUR'C OF COMMON PLEAS PLAINTIFF, CUMBF,RLAND COUNTY, PENNSYLVANIA v . N0.98 - (, CIVIL TERM JEeLN CAPPS WENTLINC, IN DIVORC,'E DEFENDANT. . COMPLAINT IN DIVORCE UNDiiR SECTION 3301(c) OR 3301(4) OF' THE DIVORCE CODE [P~ DIVORCE Plaintiff, by his attorney Michael S. Travis, respectfully represents: 1. The Plaintiff is Dennis Michael Wentling, who resides at 7 Golf Course Road, Dillsburg, York County, Pennsylvania 17019, Since July 1992, 2, The Defendant is Jean Capps Wentling, who asides at 125 Stanford Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. Since ,lanuary 2, 1999. 3. 'fhe Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. 'fhe Plaintiff and Defendant were married on .tanaary 1,, 1988, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any otherjurisdiction. 6. The marriage is irretrievably broken, A 7, 'fhe parties have been living separate and apart, At a subsequont time, Plaintiff' may submit an Af,idavit that the parties have Ilved separate and apart for nt least two {2) years, 8, The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to partierpate In counseling, 9. Plaintiff requests the court to enter a decree of divorce. ~..: ,. . ,,- , . I vorify that the statemonts made in this Complaint are true and correct, [understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities, Date; 77 ~ ~~ ~ / ~ ~~ ~~'~t/ "~'/ , ~ / -- U~ -' Dennis M. Wentling, ~~~/~~ Plaintiff .----_ _. t~ eel S. Travis Attorney for Plaintiff LU, # 77399 4076 Market Street, Suite 209 Camp Bill, PA 17011 ' (717)731-9502 Fax 731-9511 r, , DENNIS MICHAEL WENTLING, PLAINTIFF, v. JEAN CAPPS WENTLING, DEFENDANT. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'PY,1'ENNSYI.VANIA CIVIL ACTION -LAW IN DIVORCE NO. 99 - 6 AFFIDAVIT QF~ ' ~RVr~"~ I, Michael S. Travis, attorney for Plaintiff, in the above captioned action for divorce, hereby state that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by Certified Mail No. Z 077 327 377, return receipt requested, by depositing the same in the United States mail on January 4, 1999, pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the green return receipt card attached hereto, the Complaint was received by the Defendant on January 6, 1999. 1 verify that the statements made in this Affidavit are true and correct I understand that false statements herein are subject to the penalties of 18 Pa. C.S. §4904 relating to wisworn falsification to authorities. s~ . _. ,, ~ ~ ~ ( ~•OenaM~ M.nr v .~wa a r« waMOiw rna.r. I uo wbh ro r.oNw n» C; .ten aanwunm.a.+MUwb, 'y~~IWib YW MAN~a On YN n~MN Oiq*kmiln tlW Vw oM nlum lhN ~ ~~ III r T7l ii 7G+ .~ ~w. "~' ~' /~ 't7 .1. (^'~yA~N~~M IhIY bm~bNrAkupr~M~~W tM eMMfIMor~amlM MdiMMna tlasna 1. ~i1. ~.GU ~ r;~li.+ 9 i,~i I ^ ~lM Ml N~ Y~ow b wMm~'iM iM ~0w M ~nld~ nm6«. 2, _ ~I17tl1~Nf" f in (~,,~ .~! ~ ~~~~ dwvM~0. wa aNMnd mAnw dW ~ f ~ r t7 ~. ~i ~t' 4a. Artlcb ' ~ ~ ~ ~ ~' vD c~r~ ~Quv~ C• (A.'an~ 1~n . .rvlo.r`l .~i,2~ 3'~ cx~ Fre rt'{Z~+ d ~~ 4 Rapl~t~nd _ 6'CwrdMd ,/~.~ ^ Ezpnu MeN `G t11 i'y j~ Inwnd I r rU'C~l(ry1~C S 174 r~ (-rF> 1'10 S)~ O INtum M ~ p 1 7. ~N -^-- ,~ I rMf 4) MI ~ P8 Fam 1, D~nba /RW Om68 61Um ACe pt G i. ~: ~,: ., ,~ , D~NNIS MICIiAEL WENTL,INC, IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, PENNSYLVANIA v' ~ N0.99 - 6 CIVIL TERM JEAN CAPPS WF.NTLING, IN DIVORCE DEFENDANT. ; AFFIUAVI~' OF CONSEIy_T 1. A Complaint in Divorce under § 3301(c) o; the Divorce Code was filed on January 4, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed frorn the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree, I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C,S. § 4904 relating to unsworn falsification to authorities, ~1 ) DATED;-;~~L~,~---.. ~`J.~M.cty/~Y~'G/. ' Dennis M. WentUng Plaintiff ~: u , W~? pi y i ~ y? ~ ' ? t fl ., ~ti {l. Pte. ~n Il, ~ 1 Q' iil' q r ° t ~:ii CJ ~ ~ J fJ .. r P . . _ ~ t= ~.. .. ~~ ., _ #. ~ , S+ _,, . DENNIS MICHAEL WENTLING, IN THIS COURT OF COMMON PLEAS .PLAINTIFF, : CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 94.6 CIVIL TERM JEAN CAPPS WENTLING, IN DIVORCE DEFENDANT. WAIVER OF NO'CICF, OF INTENTION TO REOIIF.ST ENTRY OF A DIVORCE DES"REF. IINbFR $~~'TION 33Q)~OF TILE IVnRCE CO~?E 1, I consent to the ontry of a final decree without notice. 2. I understand that I may lose rights roncerning alimony, division of property, lawyer's fees or expenses, if I do no[ clairn them before a divorce is granted. 3. [understand that 1 will not be divorced until a divorce decree ~s entered by the court and that a wpy 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 w•e true and correct. 1 understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. c~ q ) l ~. KJIti DATED: ~ / / /~Aq~'Y G 'r~/~ Dennis M. Wentling Plaintltf Ot 11': >-.. ,,, 5~.,~ ci ~;xc 7 ~ ~'Y ('} ?w 7 ( 1 ~r;' y_ ~,,~ ~ r~ Rio ~~ ' L11 ° , r= .z E y c~, u_ O rn ? p~ U r ,~ , ,,,, ,, DENNIS MICHAEL 1VENTLINC, PLAINTIFF, v. JEAN CAPPS WENTLINC, DF,FENDANT IN THE COURT qF CUMMON PLEAS CUMBERLAND CUUM'fY, PENNSYLVANIA : N0.99.6 CIVIL, TERM IN DIVORCE , AFFIDAVIT OF ONCFLy~ 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on January 4; 1999, 2: The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the tiling and service of the Complaint 3, I consent to Ore entry of a Final Decree of Divorce after service of notice o£ intention to request entry of the decree. [ verify that the statements made in this Affidavit are true and correct. 1 understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. DATED; _~/~'y Je~h C. Wentltng j i Defendant ~J ~, i c~ ~~ ~ ~ : < ~ r 4 ~F.~ V <<: ,-~. ~. , ~,;,~ ~~~~ c: ~ C 1 ti7~17 Vi ~ ~ ~~-J Ll 11~~ O ~ , _ u i ., 1..~ 1 ~~. DENNIS MICHAEL WENTLINC, PLAINTIFF, v. JEAN CAPPS WENTLING, DEFENDANT IN THE COURT OF1:'OMMUN PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 99 - 6 CIVIL TERM IN DIVORCE WAIVER OF NOTICE O INTENTIUN TO RE ~ S ENTRY OF A DIVOR "F' nFr,R~;E UNDER SECTION 3301(c1 O~TFI~. DIVORt ~~~ 1, I consent !o the entry of a final decree 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. 1 understand that false statements herein are subject to the penalties of 18 Fa. C,S. § 4904 relating to unsworn falsification to authorities. DATED: __~r~- ~ ~ ~ ~/jftt_~~ „~ . an C, Wentlin~ Defendant I; R - ~ _ . ~ I. ~. h~ ~~q~ N• ,. ~ r. i ~ ~ ~ ~? d. ~.,- C~ ~~ ry ~ ~ m ~~ ~ ., , r. ~ „ ~ , ~~ ~ ~... ~. ~,~ (.c ~ 1a.,1 C.L ~!.. U1 U ..