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HomeMy WebLinkAbout04-0600IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DANELL L. RINE, NO. ?- j,?Q ?u?L {L Plaintiff * VS. * CIVIL ACTION - LAW IN DIVORCE CURTIS R. RINE, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAY BE ENTERED AGAINST YOU BY THE COURT. A JUDGMENT MAY ALSO BE ENTERED AGAINST YOU FOR ANY OTHER CLAIM OR RELIEF REQUESTED IN THESE PAPERS BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR CHILDREN. WHEN THE GROUND FOR THE DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, I COURTHOUSE SQUARE, CARLISLE, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DANELL L. RINE, Plaintiff NO. C)!- (zoo l_tuJ-r- vs. CURTIS J. RINE, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT COUNT I - DIVORCE UNDER 43301 OF THE DIVORCE CODE 1. The Plaintiff is Danell L. Rine, who currently resides at 250 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania. 2. The Defendant is Curtis J. Rine, who currently resides at 18 Darrin Avenue, Shippensburg, Cumberland County, Pennsylvania. 3. The parties are the parents of one (I) minor child: Colton J. Rine, born on December 20, 1994. 4. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 5. Plaintiff and Defendant were married on August 13, 1994, in Shippensburg, Pennsylvania. 6. There have been no prior actions of divorce or annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. The parties have not entered into a written agreement as to alimony, counsel fees, costs, and property division. 9. Plaintiff has been advised that counseling is available and that she may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued by the Court. 10. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) §3301(c). The marriage of the parties is irretrievably broken. (b) §3301(d). The marriage of the parties is irretrievably broken and at the appropriate time Plaintiff will file an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. The parties have presently been living separate and apart since February 7, 2004.- 11. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, Plaurtiffrespectfully requests This Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. COUNT II - CLAIM FOR EOUITABLE DIVISION OF MARITAL PROPERTY UNDER §3502(a) OF THE DIVORCE CODE 12. Paragraphs one (1) through eleven (11) are incorporated herein by reference as if set forth in M. 13. Plaintiff and Defendant have individually or jointly acquired real and personal property during the marriage in which they individually or jointly have legal or equitable interest, which marital property is subject to equitable distribution. WHEREFORE, Plaintiff respectfully requests This Honorable Court to determine and equitably distribute, divide or assign said marital property pursuant to §3502(a) of the Divorce Code. COUNT III - CLAIM FOR ALIMONY PENDENTE LITE, SUPPORT COUNSEL FEES AND EXPENSES 14. Paragraphs one (1) through thirteen (13) are incorporated herein by reference as if set forth in M. 15. By reason of this action, Plaintiff will be put to considerable expense in the preparation of this case, in the employment of counsel and the payment of costs. 16. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and unable to appropriately maintain herself during the pendency of this action. 17. Plaintiffs income is not sufficient to provide for her reasonable needs and pay her attorneys' fees and the costs of this litigation. 18. Defendant has adequate earnings to provide support and alimony pendente lite for Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiffrespectfiilly requests This Honorable Court compel Defendant to pay Plaintiff alimony pendente lite, support, counsel fees, costs and expenses of this action. COUNT IV - CLAIM FOR ALIMONY 19. Paragraphs one (1) through eighteen (18) are incorporated herein by reference as if set forth in full. 20. Plaintiff lacks sufficient property to provide for her reasonable needs. 21. Plaintiff is unable to sufficiently support herself through appropriate employment. 22. Defendant has sufficient income and assets to provide continuing support and to pay alimony to Plaintiff. WHEREFORE, Plaintiff respectfully requests This Honorable Court compel Defendant to pay alimony to Plaintiff. COUNT V - REOUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF BOTH PARTIES UNDER §3502(d) OF THE DIVORCE CODE 23. Paragraphs one (1) through twenty-two (22) are incorporated herein by reference as if set forth in full. 24. During the course of the marriage, Defendant has maintained certain health, life and death insurance policies for the benefit of Plaintiff and Defendant. 25. Pursuant to §3502(d), Plaintiff requests Defendant be directed to continue maintenance of said policies. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order directing Defendant to continue to maintain certain life and health insurance policies for the benefit of Plaintiff and Defendant. Respectfully submitted, WILEY, LENOX, COLGAN & MAR7.7.ACCO, P.C. Dated:. Bradle . Winnick, Esquire 130 Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 78413 VERIFICATION I, Danell L. Rine, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. t understand that false statements herein are made subject to the penalties of 18 Pa. CS. §4904, relating to unworn falsification to authorities. Date: `1 p2 OD r-?y CST . I I YT LQ DANEL L. RINE Plaintiff r C r =r tT CJ L. -G n l cz? DANELL L. RINE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 04-600 Civil Term VS. CURTIS R. RINE CIVIL ACTION - LAW IN DIVORCE Defendant AFFIDAVIT OF SERVICE I, Lindsay M. Strathmeyer, being duly sworn, deposes and says that she is an adult and that she served a Complaint in Divorce on the Defendant, with regard to the above captioned matter at the Defendant's last known address as follows:18 Damn Avenue, Newburg, PA 17240 by certified mail, restricted delivery, return receipt requested. The USPS Track & Confirm Form and PS Form 38111 are attached hereto, marked Exhibit "A" and made a part hereof by reference thereto. Date: February 20, 2004 WILEY, LENOX, COLGAN & MARZZACCO, P.C. Lindsay M. Strati meyer COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK SS On this, the 20th day of February, 2004, before me, a notary public, personally appeared Lindsay M. Strathmeyer known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. X Notarial Seal Timothy J. Colgan, Notary Public oillsburgBoro,York County _ MyCornrnamonExpiresOct.3,2006 f ? •???`, NOTARY PUBLI My Commission Expires: Membe, pennsvlvania Association Or Notaries USPS - Track & Confirm t,MWTEDSTATES POSTAL SERVKE,* Page 1 of 1 .. a. } . i . } 1, r,, ?i' ,? Track & Confirm Current Status You entered 7002 3150 0004 4253 4653 Your item was delivered at 8:18 am on February 19, 2004 in NEWBURG, PA 17240. Notification Options Track & Confirm by small what is this? ca> ' StrfPmest fietalls > `, Track & Confirm Enter label number: Track & Confirm FA09 !. ® POSTAL INSPECTORS site map contact us government services Preserving the Trust Copyright (D 1999.2002 USPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrml.smi.usps.com/netdata-cgi/db2www/cbd 243.d2w/output 2/20/2004 ¦ Complete Items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery is desired. ¦ 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 mallpiece, or on the front if space permits. 1. Article Addressed to: Curtis R. Rine 18 Darrin Avenue Newburg, PA 17240 A. B. ? Agent 6w r!s J. edNE - I ?v- l -0 D. Is delivery arklress different from item- l? ? Yes If YES, enter delivery address below: ? No 3. Seqfte Type Certified Mail `? press Mall ? Registered Return Receipt for Merchandise 0 Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ?Ves Number 2. Ararmw tm aervke War) 7002 3150 0004 4253 4653 (rranakr rrwn PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1035 EXHIBIT "Apr w "'r c ro z -• c IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DANELL L. RINE, * NO. 04-600 CIVIL TERM Plaintiff * VS. * CIVIL ACTION - LAW IN DIVORCE * * CURTIS R. RINE, Defendant PETITION FOR ALIMONY PENDENTE LITE il V1 AND NOW, this a r day of April, 2004, comes the Plaintiff Danell L. Rine, by and through her attorney, Bradley A. Winnick, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Petition for Alimony Pendente Lite, respectfully averring as follows: 1. On February 11, 2004, Plaintiff filed a Complaint in Divorce at the above-captioned docket rasing a claim for Alimony Pendente Lite. 2. On that same date, Plaintiff filed a Complaint for Support docketed to 110 S 2004, PACSES # 922106166, seeking support for the party's minor child. Although Plaintiff intended to seek spousal support in that Complaint, that claim was not included in the Complaint. 3. On April 20, 2004, following a support conference, an Order for child support was entered for Plaintiff. Immediately following the conference, Plaintiff filed a Complaint for spousal support. In recognition of the fact that Plaintiff was intending to seek spousal support, Defendant has denied liability for spousal support. 4. A conference on Plaintiffs claim for spousal support has been scheduled for May 20, 2004. 5. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of the pending divorce litigation and unable to appropriately maintain herself during the pendency of this action. 6. Plaintiffs income is not sufficient to provide for her reasonable needs and pay her attorneys' fees and costs of this litigation. Defendant has adequate earnings to provide alimony pendente lite to Plaintiff. 8. Plaintiff respectfi&y requests that a conference be scheduled on her claim for alimony pendente lite. WHEREFORE, Plaintiff respectfiilly requests This Honorable Court direct that a conference be held before the Cumberland County Domestic Relations Section to determine an appropriate amount of alimony pendente lite. Respectfully subnutted, WILEY, LENOX, COLGAN & MARZZACCO By: Bradle Winnick, Esquire ID#7 3 130 W. Church Sheet Dillsburg, PA 17019 (717) 432-9666 Dated: Y /d 7 /o y VERIFICATION I, Danell L. Rine, verify that the statements made in this Petition 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. CS. §4904, relating to unworn falsification to authorities. Date; b ' 1 X11 v DANELL L. RINE Plaintiff CERTIFICATE OF SERVICE I, Bradley A. Winnick, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Maria P. Cognetti, Esquire. 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Vie: Al /R By: vv B e A. Winnick, EsgWN C1 0 ['] G o r ?t N z Y ?_ N c?? r^ ?? DANELL L. RINE, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA Vs. * NO. 04-600 CURTIS R. RINE, Defendant * CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF bIASTER Danell L. Rine, Plaintiff, moves the court to appoint a Master with respect: to the following claims: (X) Divorce ( ) Annulment (X) Alimony (X) Alimony Pendente Lite and in support of the motion states: (X) Distribution of Property (X) Support (X) Counsel Fees (X) Costs and Expenses (1) Discovery is complete as to the claims(s) for which the appointment of a Master is requested. (2) The Defendant has appeared in the action through his attorney, Kristopher T. Smull, Esquire. (3) The statutory ground(s) for divorce (are) 23 Pa. C.S.A. $6 3301(cl and (dl. (4) Delete the inapplicable paragraph(s): (a) fhe action is not . (b) An agreement has been reached with respect to the following claims: Siam, (c) The action is contested with respect to the following claim: Alimony. Distribution of Prooertv. Counsel Fees. Costs and EzW&=s. (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one (1) day. () Additional information, if any relevant to the motion: N/A. Date: -71)k ID Bradley A.innick, Esquire WILE OX, COLGAN & MARZZACCO, P.C. Attorney for Plaintiff ORDER APPOINTING MASTER AND NOW, this day of 2005, Esquire is appointed master with respect to the following claims: By the Court: IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DANELL L. RINE V. CURTIS R. RINE D.R.O. NO. DOCKET NO. 2004.600 OTHER REF NO. INCOME AND EXPENSE STATEMENT OF DANELL L. RUNE ADDRESS: 406 WESTOVER ROAD SHIPPENSBURG, PA 17257 PHONE: (717) 423-5206 ATTORNEY: Bradley A. Winnick, Esquire 130 W. Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 SECTION I : INCOME AND INSURANCE INFORMATION INSTRUCTIONS: THIS SECTION MOST BE FULLY COMPLETED. IF YOU ARE NO"P PRESENTLY EMPLOYED, THE EMPLOYER INFORMATION SHOULD REFLECT EARNINGS BNFORMATION FROM YOUR LAST JOB. INCOME: CURRENT OR LAST EMPLOYER: NIA PAYROLL ADDRESS: POSITION HELD: RATE OF PAY/FREQUENCY: $ HOW PAID: (CIRCLE ONE) WEEKLY J BIWEEKLY / MONTHLY! SEMI-MONTHLY / OTHER IF LAST JOB: DATE LEFT JOB REASON FOR LEAVING GROSS PAY PER PERIOD: $ ITEMIZED PAYROLL DEDUCTIONS: $ FEDERAL WITHHOLDING $ SOCIAL SECURITY (& MEDICARE) $ LOCAL WAGE TAX $ STATE INCOME TAX $ MANDATORY RETIREMENT $ HEALTH INSURANCE $ OTHER (SPECIFY) (REQUIRED MINIMUM NET PAY PER PAY PERIOD $ 0 00 OTHER INCOME: WEEK MONTH (FILL IN APPROPRIATE COLUMN) INTEREST _ DIVIDENDS _ PENSION _ ANNUITY _ SOCIAL SECURITY _ RENTS _ UNEMPLOYMENT COMP. _ WORKMENS COMP. _ IRA TIP _ ALIMONY (REC-D.) TOTAL YEAR PROPERTY OWNED: OWNERSHIP DESCRIPTION VALUE H W J CHECKING ACCTS $ _ SAVINGS ACCTS. $ _ CREDIT UNION $ _ STOCK/BONDS $ _ REAL ESTATE $ _ BUSINESS $ TOTAL $ 0.00 INSURANCE (COVERING DEPENDENTS IN THIS CASE): HOSPITAL BLUE CROSS OTHER MEDICAL BLUE SHIELD OTHER HEALTH/ACCIDENT DISABLITY DENTAL OTHER COMPANY AND CLAIMS ADDRESS COVERAGE GROUP# PBA BENEFITS TRUST 005051360000 •H=HUSBAND, W=WIFE, J=JOINT, C=CH1LD I VERIFY THAT THE STATEMENT MADE IN THIS IN FALSE STATEMENTS HEREIN ARE MADE SUBIL FALSIFICATION Tf¢(a\UTHORITJP.S. SIGNATURE: 1\ Jr1- 1 `?? POLICY# H W C X x ,JD EXPENSE STATEMENT ARE TRUE AND CORRECT, I UNDERSTAND THAT O PENALTIES OF 18 PA.C.S, SECTION 4904 RELATING TO UNSWORN DATE: l0 OL?? SECTION II: SUPPLEMENT INCOME STATEMENT INSTRUCTIONS: IF YOU ARE SELF-EMPLOYED OR IF YOU ARE SALARIED BY A BUSINESS OF WHICH YOU ARE OWNER IN WHOLE OR IN PART, YOU MUST ALSO FILL OUT THIS SECTION. THIS FORM IS TO BE FILLED OUT BY A PERSON (CHECK ONE) (I) WHO OPERATES A BUSINESS OR PRACTICES A PROFESSION, OR (2) WHO IS A MEMBER OF A PARTNERSHIP OR JOINT VENTURE, OR (3) WHO IS A SHAREHOLDER IN AND IS SALARIED BY A CLOSED CORPORATION OR SIMILAR ENTITY B. ATTACH TO THIS STATEMENT A COPY OF THE FOLLOWING DOCUMENTS RELATING TO THE PARTNERSHIP, JOINT VENTURE, BUSINESS, PROFESSION, CORPORATION OR SIMILAR ENTITY (1) THE MOST RECENT FEDERAL INCOME TAX RETURN AND (2) THE MOST RECENT PROFIT AND LOSS STATEMENT. 1. NAME OF BUSINESS ADDRESS TELEPHONE NUMBER(S) 2. NATURE OF BUSINESS (CHECK ONE) (1) PARTNERSHIP (2) JOINT VENTURE (3) PROFESSION (4) CLOSED CORPORATION (5) OTHER 3. NAME OF ACCOUNTANT, CONTROLLER OR OTHER PERSON IN CHARGE OF FINANCIAL RECORDS: 4. ANNUAL INCOME FROM BUSINESS: (1) HOW OFTEN IS INCOME RECEIVED? (2) GROSS INCOME PER PAY PERIOD: (3) NET INCOME PER PERIOD? (4) SPECIFIED DEDUCTIONS, IF ANY: SECTION III: EXPENSES INSTRUCTIONS: 1. ONLY SHOW EXTRAORDINARY EXPENSES IN THIS SECTION, UNLESS 2. APPLIES TO YOU. 2. IF YOU ARE REQUESTING SPOUSAL SUPPORT/APL OR IF YOU ASSERT YOUR CASE CANNOT BE DETERMINED ACCORDING TO THE GUIDELINE GRIDS OR FORMULA, THIS SECTION MUST BE FULLY COMPLETED. NUMBER OF PERSONS IN HOUSEHOLD 2 AND AGES OF SAME 3_3110 MONTHLY EXPENSES MONTHLY EXPENSES SELF CHILDREN SELF CHILDREN HOME EDUCATION MORTGAGE/RENT $81100 PRIVATE SCHOOL MAINTENANCE PAROCHIAL SCHOOL UTILITIES COLLEGE ELECTRIC 110.00 RELIGIOUS GAS 85.00 PERSONAL OIL LOOT NG $50.00 TELEPHONE/DSL 100.00 FOOD 200.00 WATER/SEWER 80.00 BARBERJHAIRDRESSER 40.00 CREDIT PAYMENTS EMPLOYMENT CREDIT CARDS $300.00 PUBLIC NSIT (PARKING) CHARGE ACCOUNT LUNCH MEMBERSHIPS TAXES L AN S REAL ESTATES CREDIT UNION $550.00 PERSONAL PROPERTY INCOME INSURANCE HOMEOWNERS INCL. MISCELLANEOUS AUTOMOBILE 58.30 H US LD ELP LIFE CHILD CARE ACCIDENT PAPERS/BOOKS/MAGS HEALTH ENTERTAINMENT OTHER i PAY TV AUTOMOBILE VACATION PAYMENTS $246.00 GIFTS FUEL 100.00 LEGAL FEES REPAIRS/ MAINTENANCE 20.00 CHARITABLE CONTRIB. MEDICAL OTHER CHILD SUPPORT DOCTOR $41.60 ALIMONY PAYMENTS DENTIST 20.83 ORTHODONTIST OTHER: HOSPITAL MEDICINE 200.00 THERAPY SPECIAL NEEDS (GLASSES, BRACES. ORTHOPEDIC DEVICES, ETC.) TOTAL MONTHLY EXPENSES $3,013.73 o r -il '3' iSt C" r C. - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANELL L. RINE Plaintiff NO. 2004-600 VS. CURTIS R. RINE Defendant Bradley A. Winnick, Esquire Attorney for Plaintiff 130 West Church Street Street Address Dillsburg, PA 17019 City - State - Zip Code (717) 432-9666 Phone Number Civil Action- Law In Divorce Maria P. Co;,netti, Esquire Attorney for Defendant 210 Grandview Avenue, Ste 102 Street Address Camp Hill, PA 17011 City - State -- Zip Code (717) 909-4050 Phone Number INVENTORY OF DANELL L. RINE _ (PLAINTIFF) Plaintiff files the following Inventory and Appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three (3) years. Plaintiff verifies that the statements made in this Inventory and Appraisement are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities. DANELL L. RINE, Plaintiff ASSETS OF THE PARTIES Plaintiff marks on the list below, those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (X) 1. Real property (X) 2. Motor vehicles ( ) 3. Stock, bonds, securities and options ( ) 4. Certificates of deposit (X) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of Safe Deposit boxes ( ) 8. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value, and current certification) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( ) 15. Business (list all owners, including percentage (%) of ownership, and officer/director positions held by a party with the company) ( ) 16. Employment termination benefits; severance pay, Workman's Compensation (claim/award) ( ) 17. Profit Sharing plans ( ) 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement Plans, Individual Retirement Accounts ( ) 20. Disability Payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits ( ) 24. Debts due others, including loans, mortgages held (X) 25. Household Furnishings and Personalty (Include as a Total Category and attach an itemized list if distribution of such assets is in dispute) (X) 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either, or both spouses have a legal or equitable interest, individually, or with any other person as of the date this action was commenced: ITEM NUMBER 1 2 2 DESCRIPTION OF Marital Home at 1999 Prowler 2003 Monte Carlo PROPERTY 18 Darrin Avenue, Camper SS Newburg, PA 17240 NAMES OF ALL Curtis R. Rine Danell L. Rine and Danell L. Rine and OWNERS Curtis R. Rine Curtis R. Rine MARITAL PROPERTY Plaintiff lists all marital property in which either, or both spouses have a legal or equitable interest, individually, or with any other person as of the date this action was commenced: ITEM NUMBER 2 5 19 DESCRIPTION OF 2002 Chevy Pickup M & T checking Waddel & Reed PROPERTY account Retirement Accounts NAMES OF ALL Danell L. Rine and Danell L. Rine and Curtis R. Rine OWNERS Curtis R. Rine Curtis R. Rine MARITAL PROPERTY Plaintiff lists all marital property in which either, or both spouses have a legal or equitable interest, individually, or with any other person as of the date this action was commenced: ITEM NUMBER 25 26 DESCRIPTION OF Household IRS tax return - PROPERTY furnishings and $6,544.00 personal property NAMES OF ALL Danell L. Rine and Daneli L. Rine and OWNERS Curtis R. Rine Curtis R. Rine r> C? cr+ (..; ;_ ?. t" ?? ? ? ? rte' T_ {'V'1 t'" -r. ? -i ;;'.. 7,? ?? DANELL L. RINE, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA k Vs. * NO. 04-600 k CURTIS R. RINE, Defendant * CIVIL ACTION - LAW IN DIVORCE Daneli L. Rine, Plaintiff, moves the court to appoint a Master with respect to the following claims: (31) Divorce ( ) Annulment (X) Alimony (IO Alimony Pendeme Lite (X) Distribution of Property (X) Support (X) Counsel Fees (X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a Master is requested. (2) The Defendant has appeared in the action through his attorney, Khistopher T. Small, Esquire. (3) The statutory ground(s) for divorce (are) 23 Pa. C.S.A H 3301(c) and (d). (4) Delete the inapplicable paragraph(s): (a) 3% action is not . (b) An agreement has been reached with respect to the following claims: $j, (c) The action is contested with respect to the following claim: Abm=. Distribution W (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one (1) day. (7) Additional information, if any relevant to the motion: N/A. Date: '7/);1 V Bradlel A innick, Esquire WILE OX, COLGAN & MARZZACCO, P.C. Attorney for Plaintiff R APPOINTING MASTER AND NOW, this ? day of 2005, .- 1 , Esquire is appointed master with respect fo claims: By th j? J. ? ? ? ? r ? ? ?-- -? 4 :r3 <? c;, _ --„ _, , ,? ?_ ;iv C? GD -=? i i ?ti?,i ? ? n?/1 r??.?`]h??. _ - ?t r? Z,O :C?i =°?' I'1, tilt SDCZ Au,i.??, . , ? ?n?it.{ ?..., ? _, DANELL L. RINE : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2004-600 CURTIS R. RINE : Civil Action- Law Defendant : In Divorce CERTIFICATE OF SERVICE I, Bradley A. Winnick, Esquire, hereby certify that I have served a true and correct copy of the Petition for Appointment for Master, Inventory and Plaintiff's Income & Expense Statement by first class mail, postage pre-paid as follows: Kristopher T. Smull, Esquire 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 WILEY, LENOX, COLGAN & MARZZACCO By: Bra ty A. Winnicik, Esquire Dated: July 22, 2005 MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this day of , 2005, by and between DANELL L. RINE, of Shippensburg, Franklin County, Pennsylvania (hereinafter referred to as `WIFE"), and CURTIS R. RINE, of Newburg, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on August 13, 1994, in Shippensburg, Pennsylvania; WHEREAS, the parties are the parents of one (1) minor child born of the marriage: Colton J. Rine, born on December 20, 1994; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property, settling of all matters between them relating to the past, present and future support, alimony and/or maimenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of custody matters and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE filed a Complaint in Divorce in Cumberland County, Pennsylvania on February 11, 2004, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement 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. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect has been fully explained to the parties by their respective counsel, Bradley A. Winnick, Esquire, counsel for WIFE, and Maria P. Cognetti, Esquire, counsel for HUSBAND. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties finther acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terns of this Agreement. 11. MARITAL RESIDENCE: The parties resided together during their marriage at 18 Darrin Avenue, Newburg, Cumberland County, Pennsylvania. HUSBAND shall retain sole ownership and exclusive possession of said property. In consideration of the other provisions of this Agreement, WIFE hereby waives any legal or equitable claim or interest she may have in the former marital residence or the property on which it is situated. 12. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household fumiture and fumishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 13. BANK ACCOUNTS: The parties acknowledge that they each possess bank accounts in their respective individual names. It is agreed that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. It is further acknowledged herein that the parties have divided the proceeds of any marital accounts between them to their mutual satisfaction. 14. MUTUAL FUNDS: HUSBAND is the owner of several Mutual Fund accounts with Waddell & Reed Financial Services. It is agreed that HUSBAND shall cause $115,000.00 to be transferred to WIFE via roll-over. The transfer of funds from HUSBAND's Waddell & Reed accounts to an account identified by WIFE shall occur within sixty (60) days of the effective date of this Agreement. Following the transfer prescribed by this paragraph, each party shall retain sole ownership of any mutual fund, individual retirement account or other such fund in their individual names, and each hereby waives any right, claim or interest to any funds held by the other party. 15. MOTOR VEHICLES: WIFE shall retain sole ownership and exclusive possession of the Jeep currently in her possession which she purchased subsequent to the separation of the parties. WIFE shall remain solely responsible for any payments on said vehicle. The parties acknowledge that, upon separation, WIFE took possession of the 2003 Monte Carlo which had been jointly titled and purchased during the marriage. It is further acknowledged that said HUSBAND transferred title to WIFE and that WIFE subsequently disposed of the Monte Carlo. HUSBAND agrees to waive any claim or interest he may have in WIFE's Jeep or to any proceeds generated from the disposition of the Monte Carlo. HUSBAND shall retain sole ownership and exclusive possession of the Chevy Pick-Up Truck titled in his name which was purchased during the marriage. HUSBAND shall remain solely responsible for any payments on said vehicle. WIFE agrees to waive any claim or interest she may have in the Chevy Pick-Up Truck. HUSBAND shall retain sole ownership and exclusive possession of the Camper purchased by the parties during the marriage. WIFE agrees to waive any claim or interest she may have in the Camper. 16. CASH PAYMENT: In consideration of the promises contained in this Agreement, and with recognition of the assets and liabilities comprising the marital estate of the parties, it is agreed that HUSBAND shall pay to WIFE a lump sum cash payment of $90,000.00. Said payment shall be delivered to counsel for WIFE within sixty (60) days of the effective date of this Agreement. 17. TAX RETURNS: The distribution prescribed by this Agreement contemplates the understanding of the parties that they are owed $6,544.00 from their 2003 joint tax filing. As this money has not yet been received, it is agreed that WIFE shall execute any documents necessary to facilitate receipt thereof. It is also agreed that these proceeds shall be distributed solely to HUSBAND. 18. RINE & RINE BUILDERS: HUSBAND is a partner in Rine & Rine Builders. WIFE hereby waives any claim or interest she may have in HUSBAND's share of said partnership and reaffirms the Post Nuptial Agreement, dated August 3, 2000. However, neither the Post Nuptial Agreement nor this Agreement shall affect a determination of child support made by any court of competent jurisdiction. 19. DEBT: Each party shall assume sole responsibility for the payment of any debt in their individual names. Both parties represent that there are no loans, credit cards or other debt in the joint names of the parties. 20. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 21. APPLICABRITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 22. WAIVER OF ALIMONY: Except as otherwise provided herein, HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to spousal support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for spousal support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 23. HEALTH INSURANCE: HUSBAND has provided health insurance coverage to WIFE and shall continue to do so until such time as a decree in divorce is issued. Following the issuance of a decree in divorce, WIFE shall be responsible for obtaining and paying for her own health insurance. 24. CHILD SUPPORT: HUSBAND currently pays child support to WIFE pursuant to an Order of the Cumberland County Court of Common Pleas Domestic Relations Section, dated July 1, 2004. Either party may seek a modification to said Order by filing the appropriate petition in the Cumberland County Domestic Relations Section or any other court of competent jurisdiction. It is agreed, however, that at no time shall child support be determined pursuant to Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984). In the instance where Melzer would otherwise be applicable, bQ.- the presumptively correct amount of child support shaWSBAND's percentage share of the highest amount of support which can be derived from the Pennsylvania Support Guidelines for one (1) child. 25. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 26. BREACH: if either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 27. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, 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 such interests, rights and claims. 28, ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 29. AGREEMENT BINDING ON HEM: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 30. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 31. VOID CLAUSES, If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 32. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 33. FINANCU DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other parry or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing parry shall be responsible for payment of counsel fees, costs or expenses incurred by the other parry in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 34. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 35. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 36. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. l Zfl? LU (:? I? (SEAL) DANELL L. RINE (SEAL) CURTIS J. RINE WITN?S COMMONWEALTH OF PENNSYLVANIA COUNTY OF 'p- SS. On this, Ak day of 2005, before me a Notary Public, personally appeared Danell L. Rine, known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NoteAel Seal S. Dawn GWe8er, Notary Public DRebtxg Barb, York County MY CamYsglon Expires May 17, 2008 Member, Permcylvania Association of Nolan" Notary Pu lic COMMONWEALTH OF PENNSYLVANIA COUNTY OF lam. ak)ph' n SS. On this, the9-111 day of OC,_' L?,t' , 2005, before me a Notary Public, personally appeared Curtis J. Rine, known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public NOTARIAL SEAL APRIL M FUGATE Notary Pubhc CITY OF NARRISBURG,DAUPWN COUNTY My Commission Expires Mar 30, 2008 N l7 -TI l?J ?l f\) L. DANELL L. RINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 04-600 Civil Term CURTIS R. RINE, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on February 11, 2004.. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. 10 CVZ )} ?9L Y 1 Il'1p Date Danell L. Rine Plaintiff 7 ? ID CID DANELL L. RINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 04-600 Civil Term CURTIS R. RINE, : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF I NTENTIO N TO REQUEST ENTRY OF A DIVOR CE DECRE E UNDER SECTION 3301(c) OF T HE DIVO RCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. q 10 - "1- lug)!( U q Date Dane]] L. Rine Plaintiff `. - t::\Client Director)VRine-OpleadingMff of consent.wpd September 19, 2005 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Anomeys for Defendant DANELL L. RINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 04-600 Civil Term VS. CURTIS J. RINE : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 11, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. DATE: /0 /!S- ?©s Gl.GG Q - ?? Curtis J. Rine Defendant (" I h) _n c.? r._n "51 T" ? ? G ? =i' f- "_ -??:{?'; -- iPI .. 1 LSi "< I:\Client Directory\Rine-C\pleadings\Waiver of noticempd MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant DANELL L. RINE, Plaintiff VS. CURTIS J. RINE Defendant September 19, 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA No. 04-600 Civil Tenn CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. DATE: /D /5 /0 J i? Rin ?iCS?rli Curtis J. . Rine Defendant CJZ T CI _ _ y kT l f= ? DANELL L. RINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04 - 600 CIVIL CURTIS R. RINE, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of I(?iQ???.? , 2005, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated October 5, 2005, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Geor .`H f r, P. cc: ,,9'radley A. Winnick Attorney for Plaintiff Xistopher T. Smull Attorney for Defendant :. t!'. C"3 ? 0 - v"Tj i1 r =`+ G MARITAL SETTLEMENT AGREEMENT --, _f THIS MARITAL SETTLEMENT AGREEMENT, made this day of UChA)U , 2005, by and between DANELL L. RINE, of Shippensburg, Franklin County, Pennsylvania (hereinafter referred to as `WIFE"), and CURTIS R. RINE, of Newburg, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on August 13, 1994, in Shippensburg, Pennsylvania; WHEREAS, the parties are the parents of one (1) minor child born of the marriage: Colton J. Rine, born on December 20, 1994; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property-, settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of custody matters and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be available to either parry. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE filed a Complaint in Divorce in Cumberland County, Pennsylvania on February 11, 2004, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. . 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement 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. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect has been fully explained to the parties by their respective counsel, Bradley A. Winnick, Esquire, counsel for WIFE, and Maria P. Cognetti, Esquire, counsel for HUSBAND. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other parry may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. M_ARML RESIDENCE: The parties resided together during their marriage at 18 Darrin Avenue, Newburg, Cumberland County, Pennsylvania. HUSBAND shall retain sole ownership and exclusive possession of said property. In consideration of the other provisions of this Agreement, WIFE hereby waives any legal or equitable claim or interest she may have in the former marital residence or the property on which it is situated. 12. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 13. BANK ACCOUNTS: The parties acknowledge that they each possess bank accounts in their respective individual names. It is agreed that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. It is further acknowledged herein that the parties have divided the proceeds of any marital accounts between them to their mutual satisfaction. 14. MUTUAL FUNDS: HUSBAND is the owner of several Mutual Fund accounts with Waddell & Reed Financial Services. It is agreed that HUSBAND shall cause $115,000.00 to be transferred to WIFE via roll-over. The transfer of funds from HUSBAND's Waddell & Reed accounts to an account identified by WIFE shall occur within sixty (60) days of the effective date of this Agreement. Following the transfer prescribed by this paragraph, each party shall retain sole ownership of any mutual fund, individual retirement account or other such fund in their individual names, and each hereby waives any right, claim or interest to any funds held by the other party. 15. MOTOR VEffiCLES: WIFE shall retain sole ownership and exclusive possession of the Jeep currently in her possession which she purchased subsequent to the separation of the parties. WIFE shall remain solely responsible for any payments on said vehicle. The parties acknowledge that, upon separation, WIFE took possession of the 2003 Monte Carlo which had been jointly titled and purchased during the marriage. It is further acknowledged that said HUSBAND transferred title to WIFE and that WIFE subsequently disposed of the Monte Carlo. HUSBAND agrees to waive any claim or interest he may have in WIFE's Jeep or to any proceeds generated from the disposition of the Monte Carlo. HUSBAND shall retain sole ownership and exclusive possession of the Chevy Pick-Up Truck titled in his name which was purchased during the marriage. HUSBAND shall remain solely responsible for any payments on said vehicle. WIFE agrees to waive any claim or interest she may have in the Chevy Pick-Up Truck. HUSBAND shall retain sole ownership and exclusive possession of the Camper purchased by the parties during the marriage. WIFE agrees to waive any claim or interest she may have in the Camper. 16. GASH PAYMENT: In consideration of the promises contained in this Agreement, and with recognition of the assets and liabilities comprising the marital estate of the parties, it is agreed that HUSBAND shall pay to WIFE a lump sum cash payment of $90,000.00. Said payment shall be delivered to counsel for WIFE within sixty (60) days of the effective date of this Agreement. 17. TAX RETURNS: The distribution prescribed by this Agreement contemplates the understanding of the parties that they are owed $6,544.00 from their 2003 joint tax filing. As this money has not yet been received, it is agreed that WIFE shall execute any documents necessary to facilitate receipt thereof. It is also agreed that these proceeds shall be distributed solely to HUSBAND. 18. RINE & RIME BUILDERS: HUSBAND is a partner in Rine & Rine Builders. WIFE hereby waives any claim or interest she may have in HUSBAND's share of said partnership and reaffirms the Post Nuptial Agreement, dated August 3, 2000. However, neither the Post Nuptial Agreement nor this Agreement shall affect a determination of child support made by any court of competent jurisdiction. 19. DEBT: Each parry shall assume sole responsibility for the payment of any debt in their individual names. Both parties represent that there are no loans, credit cards or other debt in the joint names of the parties. 20. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 21. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 22. WAIVER OF ALIMONY: Except as otherwise provided herein, HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to spousal support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for spousal support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 23. HEALTH INSURANCE: HUSBAND has provided health insurance coverage to WIFE and shall continue to do so until such time as a decree in divorce is issued. Following the issuance of a decree in divorce, WIFE shall be responsible for obtaining and paying for her own health insurance. 24. CIU D SUPPORT: HUSBAND currently pays child support to WIFE pursuant to an Order of the Cumberland County Court of Common Pleas Domestic Relations Section, dated July 1, 2004. Either party may seek a modification to said Order by filing the appropriate petition in the Cumberland County Domestic Relations Section or any other court of competent jurisdiction. It is agreed, however, that at no time shall child support be determined pursuant to Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991. (1984). In the instance where Melzer would otherwise be applicable, the presumptively correct amount of child support shall HUSBAND's percentage share of the highest amount of support which can be derived from the Pennsylvania Support Guidelines for one (1) child. 25. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 26. BREACH: If either parry breaches any provision of this Agreement, the other parry shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 27. WAIVER OF CLAIMS: Except as herein otherwise provided, each parry may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, 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 such interests, rights and claims. 28. ENIM AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 29. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 30. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 31. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 32. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 33. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 34. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 35. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 36. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. W r WITNESS V e ' -rU (SEAL) DANELLrL. RIVE Zi-Aj (SEAL) CURTIS J. COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF On this, day of - 2005, before me a Notary Public, personally appeared Danell L. Rine, known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. L W Notaftl Seal S. Dawn Glad ester, Notary Public DO" 0, York County Cmyrkak)n Expires may 17, 2009 Mwtbw, Fears aria Association of Notaries COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF aU f)kUl On this, the f day of &-h 6- r , 2005, before me a Notary Public, personally appeared Curtis J. Rine, known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public NOTARIAL SEAL APRIL M FUGATE Notary PtAAc CITY Of HARRISBURG,DAUPHIN COUNTY My Commkdon Expka Mar 30.2008 IXIient Directory\Rine-C\pleadings\Aff of consent.wpd MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 September 19, 2005 t7 CID Attorneys for Defendant ? DANELL L. RINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 04-600 Civil Term vs. CURTIS J. RIME : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 11, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: /D/5 L?G? Q Curtis J. Rine Defendant 0 -n V r; ,cam ?? rr; IAClient Directory\Rine-C\pleadings\Waiver of notice.wpd MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 9094060 Attorneys for Defendant DANELL L. RINE, Plaintiff VS. CURTIS J. RINE Defendant September 19, 2005 c? r-3 o M 'SIT < 0-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-600 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33010 OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: /® /S7 (? S Curtis J. Rine Defendant DANELL L. RINE, vs. CURTIS R. RINE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 04-600 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. CID C'7 G+J 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date Danell L. Rine Plaintiff 'i'f ? DANELL L. RIME, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 04-600 Civil Term CURTIS R. RINE, : CIVIL ACTION - LAW CiD Defendant : IN DIVORCE _7 AFFIDAVIT OF CONSENT a4; Cl) : 1 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on Feb`ruafpl 1,--< 2004.. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date Danell L. Rine Plaintiff DANELL L. RINE, VS. CURTIS R. RINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-600 Civil Term : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: The Defendant was served by Certified, Return Receipt Mail on February 19, 2004 as evidenced by the Affidavit of Service dated February 20, 2004. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff. October 7, 2005 ; By Defendant: October 5- 2005. (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: N/A. 4. Related claims pending: All related claims were settled by a Marital Settlement Agreement dated October 5, 2005 and filed with the Court on October 14, 2005. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff s Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: October 14, 2005; Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: October 14, 2005. Date: o By: ? . Bradl y . Winnick, Esquire Supr Court I.D. #78413 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 (Attorney for Plaintiff) _ ', J - __ __ ? . ? i'i C ,i ?.- ? ? __ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DANELL L. RINE PLAINTIFF VERSUS CURTIS R. RINE DEFENDANT N0.04-600 CIVIL DECREE IN DIVORCE t? AND NOW, Or--?-ZJ[/7 IT IS ORDERED AND DECREED THAT DANELL L. RINE PLAINTIFF, AND CURTIS R. RINE DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ,OU BY THE J. PRO HONOTARY ATTEST: 61 DANELL L. RINE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CURTIS J. RINE, DEFENDANT 04-600 CIVIL TERM ORDER OF COURT AND NOW, this 02fql day of October, 2007, the decree in divorce entered on October 26, 2005, is amended to correct the name of defendant from Curtis R. Rine to Curtis J. Rine. Bradley A. Winnick, Esquire For Plaintiff Xaria P. Cognetti, Esquire For Defendant :sal Edgar B. Bay to C_ < 3 f}n {y LU }" •-: CND E.; CD "IJ t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA _? BRANDY RUDLOFF, * NO. 04-600 Plaintiff * ° VS. * CIVIL ACTION - LAW IN D CIF * a% CHRISTOPHER S. RUDLOFF, Defendant 4t- DEFENDANT'S PRE-TRIAL STATEMENT AND NOW, comes the Defendant,Christopher S. Rudloff, by and through his counsel, Thomas M. Clark, Esquire of Colgan Marzzacco, LLC, and submits the within Pre-Trial Statement: 1. Plaintiffs Information Name: Brandy Rudloff Address: 501 East Marble Street, Mechanicsburg, Pennsylvania 17055 Employer: Commonwealth of Pennsylvania (PHEAA) Occupation: Loan Officer II. Defendant's Information Name: Christopher S. Rudloff Address: 20 Walnut Lane, Camp Hill, Pennsylvania 17011 Employer: Schneider Electric Occupation: Warehouse Associate III. Marital Information Date of Marriage: Place of Marriage: Divorce Complaint: May 24, 2008 Mechanicsburg, Cumberland County, Pennsylvania July 27, 2009 Minor Children: No minor children IV. Assets 1. Residence at 501 East Marble Street, Mechanicsburg, Pennsylvania. Purchased prior to the marriage in Ocober of 2007. Marital residence has not been appraised. Purchase Price: $134,900.00 Background: The parties were married in May 2008 and separated within the first year of the marriage. In October 2007, the residence situate at 501 East Marble Street, Mechanicsburg, Pennsylvania was purchased in Wife's name alone. The purchase price for the property was approximately $134,900.00. The $45,000.00 down payment for the residence came from Husband's mother, Deb Rudloff. 2. SERS Retirement (Wife) Plaintiff must produce the date of separation statement and the most current statement. Given the short duration of the marriage, it is believed that the marital portion the of SERS account will not be substantial. 3, Pension through Husband's employment (Husband) Given the short duration of the marriage, it is believed that the marital portion of this Pension will not be substantial. V. Expert Witnesses It is not clear at this time what experts, if any, will testify at the time of trial. Expert testimony could be necessary regarding the value of the residence. If expert testimony is required, appropriate notice will be provided to opposing counsel and the Master in advance of trial and copies of expert reports will be provided. VI. Defendant's Witnesses 1. Christopher S. Rudloff will testify on his own behalf; 2. Deb Rudloff (Defendant's mother); 2. Brandy Rudloff, as on cross-examination; and, 3. Husband reserves the right to call other witnesses to be determined in advance of trial with appropriate notice to opposing counsel. VII. Exhibits 1. Mortgage Statements for residence at 501 East Marble Street, Mechanicsburg, Pennsylvania - statements are in Plaintiff/Wife's possession. 2. Defendant's Income Statement - attached hereto as Exhibit "A". 3. Defendant's Pay Stub dated March 31, 2010 - attached hereto as Exhibit "B". 4. Paperwork regarding the transfer of $45,000.00 for the down payment for the residence situate at 501 East Marble Street, Mechanicsburg, Pennsylvania. The money was provided by Husband's mother, Deb Rudloff. 5. Additional exhibits, if any, to be provided in advance of trial. VIII. Income and Expenses An Income Statement has been submitted to the Divorce Master's Office - attached hereto as Exhibit "A". IX. Pension / Retirement Plaintiff has SERS Retirement through her employment with the State of Pennsylvania. Given the short duration of the marriage, it is believed that the marital portions of the SERS account will not be substantial. 2. Defendant has a pension through his employment. Given the short duration of the marriage, it is believed that the marital portion of this Pension will not be substantial. X. Counsel Fees and Costs Defendant reserves the right to request counsel fees and costs. XI. Personal Property There are a few minor issues with regard to personal property (household furnishings) that still may need to be addressed. XII. Marital Debts There are no debts that need to be divided. XIII. Proposed Resolution The main issue for the Divorce Master to address is the $45,000.00 down payment from Husband's mother that was used to purchase the residence situate at 501 East Marble Street, Mechanicsburg, Pennsylvania. The parties were married in May 2008 and separated within the first year of the marriage. In Ocotber 2007, the residence situate at 501 East Marble Street, Mechanicsburg, Pennsylvania was purchased in Wife's name alone. The purchase price for the property was approximately $134,900.00. The $45,000.00 down payment for the residence came from Husband's mother, Deb Rudloff. It is believed that Wife's position will be that the $45,000.00 was a gift to Wife and Wife alone. The facts behind the transfer prove otherwise and it is not logical to suggest Husband's mother would make a gift to her future daugher-in-law alone. To allow Wife to retain the $45,000.00 from Husband's mother, would be tantamount to unjust enrichment. Unjust enrichment is essentially an equitable doctrine. The elements of unjust enrichment are: (1) benefits conferred on Wife by Husband; (2) appreciation of such benefits by Wife; and (3) acceptance and retention of such benefits under such circumstances that it would be inequitable for Wife to retain the benefit without payment of value. Temple University Hosp., Inc. v. Healthcare Management Alternatives, Inc., 832 A.2d 501 (Pa. Super. 0.2003). The most significant element of the doctrine of unjust enrichment is whether the enrichment of the Wife is unjust. In the case at hand, Husband's mother did not gift $45,000.00 to Wife, rather she was aiding her son in purchasing a home that the parties would be using as Husband and Wife. In order to reach a settlement in this case Mr. Rudloff would need to receive $45,000.00 from the equity in the home, which represents the money that his Mother put towards the residence. Date: ?2 !v By: spectfu submitted, Thomas M. Clark, Esquire COLGAN MARZZACCO, LLC 130 W. Church Street Dillsburg, PA 17019 (717) 502-5000 ID# 85211 Attorney for Defendant EXHIBIT A IN TaF COURT OF COMMON PLEAS, YORK COUNTY, PENNSYLYANIA INCOME AND EXPENSE STATEMENT OF C'?lr/S ?Itr/E?u??u r{ ADDRESS' 20 CJe ? r v { L n A1l'ORNFY: 'PAontns M. Clark, Fsgwrc CcamP A ( PA not l 130 W. Church tract, Suitt 100 Uilishur? PA 17019 PHONE: LEI ?) (y 5. 27 q (717) 502-5000 SECTION 1: INCOME AND INSURANCE INFORMA'T'ION - INS'PRUCTIONBt THIS SECTION MOST BE HILLY COMPLETED. IF YOU ARE NOT PRESENTLY EMPLOYED, TtIF, EMPLOYER INFORMATION SHOULD REFLECT EARNINGS INFORMATION FROM YOUR LAST )OB. CURRENT OR LAST EMPLOYE E PAYROLL ADDRBSS,.-/,(p , POSCIION HBLD: (?b pr «>;? 14OW PAID (CIRCLE ONE) WEEKLY J BIWEEKLY / Mt IF LAST JOB: DATE LEFT JOB GROSS PAY PER PERIOD: S 2 . r L ITEMIZED PAYROLL DEDUCTIONS: S FEDERAL WITHHOLDING S tt Z SOCIAL SECURITY (& MEDICARE) S -12 6t. 9o LOCAL WAGE TAX . f i 'L STATE INCOME TAX S . Z(- MANDATORY RETIREMENT - S HEALTH INSURANCE S_ l L? l OTHER (SPECIFY) ?-' S 20.00 ?i O l S 3• its S NET PAY PER PAY PERIOD S _10/O. 70 REASON FOR LEAVING (REQUIRED MINIMUM % (PILL IN APPROPRIATE COLUMN) INTEREST DESCRIPTION VALUE. H W J DIVIDENDS - CHECKING ACCTS $ / PENSION SAVINGS ACCTS. s---- ----' - ANNUITY ANNU -- CREDIT UNION E - - I. SECURI'I Y ~ ?" - " - - STOCK/BOND?S __•,_._ S - - - - ` RENTS "? ""- - REM13 - REALESI-ATF - - - $ '- - UNEMPLOYMENT COMP BUSINFSS S - " . WORKMENS COMP. iolk - Sm _? - - IRA t6n TIP ALIMONY (RECD.) - T OTA L `" S lU TOTAL S? INSURANCE (COVERING D&PENUEN'I S IN 7I ItS CASE): COVERAGE HOSPITAL COMPANY AND CLAIMS ADDRESS GROUP # I'OLICYA H W C BLUE CROSS OTHER MEDICAL - BLUE SHIELD OTHER HEALTWACCIDEM' - ` - DISABLITY - - - DENTAL - ` OTHER ` •H-HUSBAND, W WIPE,1+510iNT, G"CHILD d t- eLO:TT OT ZT add EXHIBIT B • ? ..... ........... . TV V1Vl/,.1V Page I of 1 Paystub Sdweider EMPLOYEE SOCIAL SECURITY NET PAY UEWcwk NAME NUMBER CURRENT $1,010.70 Rudloff, Christopher YEAR TO DATE $7,327.00 PERIOD PERIOD ADVICE ADVICE MARITAL STATUS AND BEGINNING ENDING DATE NUMBER EXI=MPTIONS 03116/2010 03/31/2010 0313112010 690812674 S 0 $0.00 EARNINGS RATE HOURS CURRENT YEAR TO TAXES/DEDUCTIC NS CURRENT YEAR TO DATE DATE OT1.5 Regular 0 16.87 86.67 0.00 1,482.12 765.49 Federal 8 772 72 OASDI 152.17 1,335.37 RMmhr Pot omen Awd 0 0 0.00 , . -67.48 Medicare 85.02 19.88 826.95 146.82 Gahael 0 0.00 0.00 787.00 PA State 400 00 PA $Ui 42.09 310.43 Gross Pay 0 1,462.12 . 10,857.73 PAWSMORE 1.17 14.62 8.53 106.57 OccupTax 0.00 52.00 M Medical M D 48.32 289.92 FSA MCA 15.79 20.00 94.74 120.00 Dental 3.03 18.18 401 K 43.86 188 60 SuppIADD 1.66 . 9.96 Vision STD 2.93 17.58 Check 0.88 0.00 5.28 0.00 Deposit 1,010.70 7,327.00 https://squamd.employee.com/ess/ElectronicPaystubPrint.asp?index--4 E•d 04/12/2010 U80:11 01 21 .Add IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRANDY RUDLOFF, Plaintiff * NO. 04-600 VS. CHRISTOPHER S. RUDLOFF, Defendant * CIVIL ACTION - LAW IN DIVORCE * CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by first class mail as follows: J. Michael Sheldon, Esquire 5821 Linglestown Road, Suite 212 Harrisburg, PA 17112 C LGAN RZZACCO,LLC Date: by: Thomas M. Clark, Esq. 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 502-5000 Counsel for Defendant