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HomeMy WebLinkAbout05-1873 o . KURT A GUINTHER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : NO. OS' - lf73 (}1U~Lc,--~ CHRISTINA E GUINTHER, Defendant. CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request counseling. A list of marriage counselors is available in the Office of the Prothonotary, at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS' 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 OF 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 Cumberland County Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 . GERALD S. ROBINSON, ESQUIRE Robinson & Geraldo Sup. Ct. LD. No. 27432 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax grobinson@robinson-geraldo.com Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. DS - /P?-3 /1 / ~ L'10~l 1Vz....~ KURT A GUINTHER, v. CHRISTINA E GUINTHER, Defendant. CIVIL ACTION- DIVORCE COMPLAINT IN DIVORCE COUNT I - Divorce (Section 3301) I. Plaintiff is Kurt A Guinther, who currently resides at 167 Lee Ann Court, Enola, Cumberland County, P A. 2. Defendant is Christina E Guinther, who currently resides at 167 Lee Ann Court, Enola, Cumberland County, P A. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the tiling of this Complaint. 4. The parties were married on July 24, 1999, in the City of Tonawanda, New York. 5. Neither Party is a member of the Armed Forces of the United States or any of its allies. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff has been advised of the availability of counseling and that either Party may compel the other by Order of Court to attend counseling sessions. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter a Decree in Divorce. COUNT II - EQUITABLE DISTRIBUTION 8. The Defendant incorporates by reference paragraphs 1 through 7 of this Answer and Counterclaim as fully set forth herein. 9. Defendant requests the Court to equitably divide, distribute or assign the marital property between the parties without any regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests your Honorable Court to enter an order of equitable distribution of marital property pursuant to S 3502(a) of the Divorce Code. Respectfully submitted, ROBINSON & GERALDO Date: ~ I, t\ 0 C; BY:~ Gerald S. Robinson, Esquire Attorney for Plaintiff . . VERIFICATION I verify that the statements made in this Complaint for Divorce 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. 0J!d1J ~ Kurt A Guinther '\ --1..Q.. -kl. ~ "P ~ -- 9-.) ..c " --. C> l;)- \) - '}-.> ~ \j II{ 0 ,-> Q, r:;:::) ~ C c;:~ .c:. C C>' -.;... U' --' ~ ~ -":--~ r :t"l1 I , ,,' P\l;'~:' ~ -;.'\? -0 \I) .JJ n - '::',j >.." ~ - ~:\'~.{-S\ ~ -"'J ~ .-:,- ',-,~ () J -.- .0:""':\\ r-- "" '::.!\. ~:4 - ~3.t Q -( I"l ... KURT A. GUINTHER, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v NO. 05-1873 CHRISTINA E. GUINTHER, Defendant, CIVIL ACTION-DIVORCE PROOF OF SERVICE The undersigned makes the following return of service: the Complaint in Divorce was served upon Christina E. Guinther, the Defendant, on April 16, 2005 at 167 Lee Ann Court, Enola, Cumberland County, Pennsylvania by certified mail, restricted delivery. The return receipt is attached as Exhibit A. SIGNATURE AND AFFIDAVIT I, Gerald S. Robinson, Esquire, certify that I am a competent adult not a party to this action. I verify that the statements made in this affidavit and return of service 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 falsfication to authorities. Respectfully submitted, ROBINSON & GERALDO Dated: April 22, 2005 Gerald S. Robin , squ re Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 By: Attorney for Plaintiff " .. Complete items 1, 2. and 3. Also complete item 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 mailpiece, or on the front if space permits. 1 Article Addressed to: C/)r/s.t OJc,-- C' C-L<lrJ (Iv: r . 1 / /? /(" A-E"C 1l1}1) C{)Ur-C ZJ'lC/cL/ hL. /7c;(5' D. Is delivery address srent from item 17 If YES, enter delivery address below: 3. ~ice Type )S..Certified Mail 0 ~xpress Mail o Registered ...&.Return Receipt for Merc~ndise o Insured Mail 0 C.O.D. . 4. Restricted Delivery? (Extra Fee) 2 7001 1940 0004 1686 7567 PS Form 3811. March 2001 Domestic Return Receipt 10259S.01-M-1424 EXHIBIT I 17 o ~ - w;~r n1l:", -:Z.~) .:r\ (;i') -<: ,_.., It: -/ ::..\ -~ .-> = ~ "'" ~ ;xl t"-) '" ",. ::;l: C? en 0'1 ~ .'" ~:D r _t"'lrn :jJY ~:?IL) ~VJ. ~:-~l ~~ '-< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA nCL(t Ii I 6U-;flfhfr Plaintiff ChflsrUlCl C'. Vs 07.JJJ lJh-e r Defendant FileNo. 0'5 ~ !'G13 IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] K prior to the entry of a Final Decree in Divorce, or _ after the entry of a Final Decree in Divorce dated -. hereby elects to resume the prior surname of Chrisl1ru f . me nJr)ct) ,and gives thiq written notice avowing his / her intention purs~~t9 }h~vtsions ~4 ~'j. 704.\./ ;) ,J\ Date: q ~ 11~ ~ O.S- I' lLMallUIJ b ~IA/1lIlIl/ Signatute ! COMMONWEALTH OF PENNSYLVANIA ) COUNTYOF ~b?(I(tmd On the I )~ay of Sw {J huh'! ku/ ,200 Defore me, the Prothonotary or the I notary public, personally appeared the above affiant Imown to me to be the person whose (!~tiu & )J[c/~ Signature ofnamibeing resumed mcNinch name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. 02 o,dJ k{~ . a fl.Ju)haJ/' NOTARIAl. SE.AI ClAUDIA/'> BREWBAKER NOT~RY PUBLIC Carlisle Bow cumberlan<JLounty My CommisSion Expires Apn\ 4. 2009 - Prothonotary': or Notary Public ~ ~ c:-- ~, ..!;; '" ~ t -.l ~ - .. N ~ "" ....' C7 ,,::>.',\ en C'J 1";" -'U o -n -1 ~~,:' :D l'\Y-.- \J~ N CCi _~l - KURT A. GUINTHER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-1873 CHRISTINA E. GUINTHER, Defendant CIVIL ACTION-LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) or the Divorce Code was filed on April 11 , 2005. 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.SA Section 4904 relating to unsworn falsification to authorities. ~~~~~ Christina E. Gui th Dated: 9---{ to r-OtJ o ~ f~;ci ~::: ..::"'-' ,:;;;.-r (<! d" r" ,,:;:' ")..:;. -- ~i~.:- ,-- z; =2 r-> = = "" (/) f'T1 -0 N o o ." ~ :r: ~~:!l :0 2 "'}"""" c~ ~m ~ -a ::;: r:-:? C\ 0) KURT A. GUINTHER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-1873 CHRISTINA E. GUINTHER, Defendant CIVIL ACTION-LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301 Ie) 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. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: q-I&'-OD (JIWdifu ~ ~itfiWl CHRISTINA E. GUINliHER, Defendant Q <;.~ <C-_., 0;\:,:; -":>1 ,: /j ~' """',- ~ \~~;-: , ~? ....> ~ CJ' ~ --0 ~ ~ ~:g~ :7) ~~:;, -o'o*.a . ,,,,,-,.. :$. ~.I, -'< ~ r:-? o (j:) ()~ - /['73 C/ul'L~tR...1 . MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this {c, flo.... day of September, 2005, by and between CHRISTINA E. GUINTHER (hereinafter referred to as "Wife"), 167 Lee Ann Court, Enola, Cumberland County, Pennsylvania, and KURT A GUINTHER (hereinafter referred to as "Husband"), 167 Lee Ann Court, Enola, Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully married on July 24, 1999 at Tonawanda, New York. WHEREAS, 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, the settling of all matters belween them relating to the ownership of real and personal property, and in general, the settling of any and all claims and possible claims by one against the other or a!9ainst their respective estates. AND NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and suffiCiency 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. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Debra D. Cantor, Esquire, of McNees Wallace & Nurick LLC, for Wife, and Gerald S. Robinson, Esquire of Robinson & Geraldo, for Husband. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accE~pts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any dure,ss or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully' advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, -2- written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the court of this Commonwealth or any other court of competent jurisdiction. Husband and Wife represent and warrant that each has disclosed to the other in full his or her respective assets,. liabilities and income and that this Agreement was negotiated and entered into on the basis of those disclosures. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable and is satisfactory to them. The remedies available to either party for breach or violation of this provision shall be those remedies available pursuant to law and equity. Each party retains the right to assert a claim against the other for failure to fully and fairly disclose his or her income, assets and liabilities, if it is later determined that there has been a failure to disclose, including but not limited to a claim of constructive trust. 3. PERSONAL RIGHTS. Husband and Wife may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in -3- any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the cause that led to, or resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. Husband has filed an action for divorce in Cumberland County, Pennsylvania filed to No. 05-18~r3. Said action shall be limited to divorce and neither party may assert any ancillary economic claims otherwise authorized by the Divorce Code, which are specifically waived by the terms of this Agreement. Counsel for Husband shall execute a Praecipe withdrawing Husband's ancillary claims now pending of record at or prior to the l~xecution of this Agreement. The parties agree that each shall sign and have duly ac~;nowledged an Affidavit of Consent to a divorce and a Waiver of Notice upon execution of this agreement. Said Affidavits and Waivers shall be promptly transmitted to counsel for Husband who will promptly file a Praecipe to Transmit Record and Vital Statistics form to precipitate the prompt entry of a decree of divorce. 5. EQUITABLE DISTRIBUTION. 5.1. Marital Residence. The parties acknowledge that they are the joint owners of that certain house and lot and all improvements thereupon situated at 167 -4- Lee Ann Court, Enola, Cumberland County, Pennsylvania. The marital residence is encumbered by a first mortgage with Wells Fargo Home Mortgage #0131287815 and a second mortgage with Wells Fargo #65495655741998. Husband agrees to refinance or otherwise remove Wife's name from the mortgages on the marital residence within ninety (90) days of the execution of the agreement. Husband agrees to be solely responsible for all costs and expenses associated with the marital residence, including, but not limited to, mortgage, taxes, insurance and utilitiEls and shall indemnity and hold Wife harmless from such. Concurrently with the execution of this agreement, Wife shall execute a deed prepared by Husband, transferring her interest in the marital residence to Husband. Said deed shall be held in escrow by Wife's counsel until such time as Wife is paid $21,000. The deed shall then be released to Husband for filing. Within 60 days of the filing of the deed, Husband shall provide proof to Wife and her counsel that Wife's name has been removed from both mortgages whether by assumption or refinance. Within ninety (90) days of the execution of this agreement, or upon refinance or removal of Wife's name from the mortgage obligation, Wife shall be paid $21,000.00 for her equitable interest in the marital estate. Thereafter, Wife does hereby set over, transfer and assign to Husband her interest in the maritall home. 5.1.1. Wife shall be permitted to reside in the home, at a cost of $100.00 per week, up to and including a thirty day period beginning the day after the receipt of the $21,000. -5- 5.1.2 Should Husband fail to refinance or otherwise remove Wife's name from the mortgage obligations(s) within 90 days of the execution of this agreement, the marital residence shall be sold. Husband shall be solely responsible for all costs associated with the sale. Wife shall be paid $21,000.00 at the time of sale and Husband shall retain the balance of the proceeds. Husband and Wife shall cooperate in the timely sale of the property. 5.2. Contents of the Parties' Residences and other Personal Prooertv. Attached hereto as Exhibit "A" is a detailed list of personal property. Husband shall and does hereby set over, transfer and assign to Wife his interest in the property assigned to Wife in the exhibit. Wife shall and does hereby set over, transfer and assign to Husband all personal property assigned to Husband in tlhe exhibit. Wife shall remove her personal property from the marital residence no later than 30 days from the receipt of the cash payment outlined in paragraph 5.1 and the completion of all obligations under this agreement. 5.2.1 Wife shall retain the parties' ~NO cats named Jade and Zoe. Husband hereby sets over, transfers and assigns to Wife any and all of his right, title and claim to said cats. 5.3 Prooertv of Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quits claims, assigns and conveys to Wife all such property, and waives and relinqUishes any and all rights tlhereto, together with any insurance policies covering that property, and any escrow accounts relating to that -6- property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 5.4 Propertv of Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assi!;lnS and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escmw accounts relating to that property. This Agreement shall constitute a sufficient bUll of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 5.5 Assumption of Encumbrances. Unlless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the date of this A!lreement, and each party agrees to indemnify and hold harmless the other party sind his or her property from any claim or liability that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. Each party in possession of property to be awarded to the other party warrants that all dues, fees, assessments, taxes, and the like attendant to such property are current, or if not current, notice of any arrearage or deficiency has been given to the receiving party prior to the execution of this Agreement. 5.6 Taxes. By this Agreement, the parties have intended to effectuate and equitably divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. -7- Except as may be otherwise expressly provided herein, the division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the inllroduction of outside funds or other property not constituting a part of the marital estate. As a part of the division of the marital property and the marital settlement herein contained, each party shall receive each item of property at the tax basis that existE~d for the item immediately before the execution of this Agreement, and that this A!;Ireement is not intended to affect the tax basis or tax status for the property received by the party. The parties agree to save and hold each other harmless from all income taxEls assessed against the other resulting from the division of the property as herein provided. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In filing each such return, each party has relied exclusively upon the other party to provide truthful and accurate information relating to the other party's employment income, business income or deductions, or income from any other source. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, attorney's fees or accountant's fees. For calendar year 2005, unless otherwise agreed, each party shall report the year 2005 earnings on the assets distributed to them on their respective federal, state and local tax returns for 2005. -8- 5.7 Wife's Fidelitv 401(k). Acet. #0107'726574. Wife is the owner of a 401 (k) through her employment with Giant Foods/Ahold USA, Inc. Husband does hereby set over, transfer and assign to Wife any and aU of his right, title, claim and interest in and to any or all portion of Wife's 401 (k). 5.8 Husband's Fidelity 401 (k)' Acct. #1 :2664-0630. Husband is the owner of a 401 (k) through his employment with Giant Foods/Ahold USA, Inc. Wife does hereby set over, transfer and assign to Husband any and all of her right, title, claim and interest in and to any or all portion of Husband's 401 (k). 5.9 Wife's Ahold Stock. Wife is the owner of approximately $1900 worth of Ahold stock held individually in her name. Husband does hereby set over, transfer and assign to Wife any and all of his right, title, G1aim and interest in and to the stock and its value. 5.10 Husband's Ahold Stock. Husband is the owner of approximately $1900 worth of Ahold stock. Wife does hereby set over, transfer and assign to Husband any and all of her right, title, claim and interest in and to the stock and its value. 5.11 Defined Benefit Pensions. Husband and wife are the owners of defined benefit plans through their employment at Ahold. Wife does hereby set over, transfer and assign to Husband any and all of her right, title claim and interest in Husband's defined benefit pension. Husband does hereby set over, transfer and assign to Wife any and all of his right, title claim and interest in Wife's defined benefit pension. 5.12 Bank Accounts. The parties acknowledge both joint and individually owned bank accounts at Commerce Bank. Husband shall close the joint -9- bank account at Commerce Bank and retain the procel~ds. Upon the execution of this agreement going forward, Wife shall own, possess, and enjoy free from any claim of Husband all bank accounts in her own name. Upon thl~ execution of this agreement going forward, Husband shall own, possess and enjoy Ihis bank account free from any claim of Wife. 5.13 Vehicles. The parties are the owners of a 2002 Chevrolet Cavalier, which is encumbered by a loan, and a 2004 GiMC Envoy, which is also encumbered by a loan. The titles of both vehicles are in Husband's name. Within ninety (90) days of the execution of the Marital Settlement Agreement, Wife shall refinance or otherwise assume the loan on the Chevrolet Cavalier, which is held by Chase Auto Financing, Acct. #1022251229090i' with a current balance of $7,360. Husband does hereby set over, transfer, and assign to Wife any and all of his right, title, claim and interest to said vehicle and Husband shall execute any and all documentation necessary to effectuate such transfer. For the 90 day period following the execution of the Marital Settlement Agreement, Husband shall pay the car payment on behalf of Wife. At the time of refinance, Wife shall reimburse Husband for the car payments made on her behalf. In the event wife is unable to refinance the vehiclE! within 90 days, she shall transfer possession of the vehicle to husband who may, at his election, retain or sell the vehicle. Husband shall be entitled to retain all proceeds from the sale of the vehicle. Wife does hereby set over, transfer, and assign to Husband any and all of her right, title, claim and interest to the 2004 GMC Envoy. Husband shall be solely -10- responsible for the vehicle loan which is held by Citizens Auto Financing, Acct. #2702100237 and shall indemnify and hold Wife harmless from such. Husband is the sole obligor on said loan. 5.14 Liabilities. Wife currently has credit card debt with a balance of $4,200.00 comprised of JCPenny Acct. #08806155881 and VISA Acct. #41367000009824313. Wife agrees to be solely liable and responsible for the debts and obligations listed herein and shall indemnify and hold Husband harmless from said obligations. To the extent that Husband's name is Iistecl as a co-obligor on any of these liabilities, his name shall be removed within ninety (90) days of the execution of the agreement. Husband is the obligor on credit card debt totalin~, $11,500.00 comprised of Household Credit Services, Acct. #5407070010389576; MBNA, Acct. #5490993064000369; GM Card, Acct. #5466410019565180; and American Express, Acct. #371323088961005. Husband shall be solely responsible for the debts and obligations listed herein and shall indemnify and hold Wife harmless from said obligations. To the extent that Wife's name is listed as a co-obligor on any of these liabilities, Husband shall remove her name as an obligor within ninety (90) days of the execution of the agreement. 5.15 Cell Phone - Wife is to return the Sprint cell phone (717-557-4556) currently being utilized by Wife, under contract in Husband's name. If the wife fails to return the cell phone to Husband within 30 days of vacating the premises, Wife will pay $300.00 to the Husband to pay the cost of breaking the contract with Sprint. -11- 5.16 Liabilitv Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 5.17 Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Wife in connection therewith. 5.18 Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well..founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Husband in connection therewith. 5.19 Warranty as to Future Obliaations. Except as set forth in this Agreement, Husband and Wife each represents and warrants to the other that he or she -12- has not in the past or will not at any time in the future incur or contract any debt, charge or liability forwhich the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agmement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 5.20 Release of Claims. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code. Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties hereby expressly release and relinquish, each to the other, every claim, demand, right and interest he or she may have in or against the other, or against his or her estate, together with any income or earnings thereon, arising from and during the marriage and of or from any other reason growing out of the marital relationship. Neither party, however, is released or discharged from -13- any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter Clwn and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the date of execution of this Agreement 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. 6. SPOUSAL SUPPORT AND ALIMONY. Husband shall also pay to wife the sum of $3,000 as a lump sum alimony payment. Said payment shall be made concurrently with the payment in paragraph 5.1. Thereafter, the parties hereby waive any right, title and interest they may have to the payment of spousal support, alimony, and alimony pendente lite. The parties agree to be solely responsible for their individual support and maintenance from the day of the execution of this agreement going forward. 7. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 8. SEVERABILITY. If any provision of this A~,reement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 9. BREACH. If either party hereto is in breach of any provision hereof, 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. The -14- non-breaching party shall be entitled to recover from the breaching party all reasonable costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 1 O. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other provision of this Agreement. 11. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be affected by registered or certified mail, return receipt requested. Notice to Wife will be sufficient if made or addressed to the following: Christina E. Guinther 167 Lee Ann Court Enola, PA 17025 and to Husband, if made or addressed to the following: Kurt A. Guinther 167 Lee Ann Court Enola, PA 17025 Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 12. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 13. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the! same date, then the date on -15- which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 14. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT. This Agreement shall remain in full force and effect even if the parties effect a reconciliation, cohabit as Husband and Wife or attempt to effect a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 15. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereelf are inserted solely of convenience of reference and shall not constitute a part of this Agreement nor shall they effect its meaning, construction or affect. 16. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement, except as otherwise expressly provided herein, shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 17. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including other documents to which it refers; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. -16- This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 18. MUTUAL COOPERATION. Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be n,ecessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 19. AGREEMENT NOT TO BE MERGED. Thi:s Agreement shall remain in full force and effect in the event of the parties' divorce. This Agreement shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are not waived or released by this Agreement. WITNESS WHEREOF, the parties hereto set their hands\and seals on the dates of their acknowledgments. l-~-L2f ~10~ ESS C~ir!2~jJ>>/1iIW7 ~d~_ urt A. Guinther, iiusband ________ -17- . . COMMONWEALTH OF PENNSYLVANIA COUNTY OF D o.-u...p~ BEFORE ME, the undersigned authority, on this day personally appeared CHRISTINA E. GUINTHER, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. ~N:::;R MY HAND AND SEAL OF OFFICE !hI, 110+0-"" of ,2005. / ~~o.~ Notary Public NOTARIAl8EAI. MICHELLE C. ARMOUR. Nola'y NlIic ClIy oIl1l1118burg, PA DauphIn CQunly My CommlNfon ExpiIes Oct. 2, 2005 -18- COMMONWEALTH OF PENNSYLVANIA COUNTY OF BEFORE ME, the undersigned authority. on this day personally appeared KURT A. GUINTHER, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. ; GIVEN UNDER MY HAND AND SEAL OF OFFICE !h;, f>~ ,2005. I t.{:IA day of ~/~.I~ Notary Public COMMONWBALTH OF PBNNSYLVANIA ~NOTARIAL SEAL Oloria J. Lebo. Notary Public Hanisburs. Dauphin County M colDlni..loD ex Ira. Mar. 17, 2008 -19- OTA S ~. _0- 1acfH,__ ., , - fIo_di....., 1InIo.. OJ....., _'!>oml*'OdC~o. -, 1<>0<1....... , POO"d I bol<in o~.. ... " .", l.""...boO.... .Fo",..onGrl --~''''': ...h "" 10....... -. (J, c. ~.> <;~ .::..f~ " t~ \~, \ "" <;,-' -" q, ~:?- ~.~ ';:0~ '~f~:, -"-\' ~ -:>- ~ .- .... ~ j-. "'"Y:K\,~; " . '<>~ '.2= ..9:, Kurt A Guinther, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. No. 05-1873 Civil Term Christina E Guinther, Defendant. CNIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 3301(c) of the Divorce code was filed on April 11, 2005, on the grounds that the marriage of the parties is irretrievably broken. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted, 5. 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. 9 4904 relating to unsworn falsification to authorities. Date: 9/ JJ..! 0 r--- ~ A -d:>I<~ Kurt A Guinthet, Plaintiff o ~:; "';"-,. ';r; 'i~ , ~.. ~"'i U~,.., -<...:: r::t; ><-. ';':;"( ';~; (~:. ~C: ~-l -<. \?5 = en (/) ,-,., '-0 ~ -u % ~ :::;I..", mE :gc::; (~ 2:~ :'<::d ~,Jo ;.,-)'" :.:-'" ~ N ., ~ .r;- Ii'" Kurt A Guinther : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA: Plaintiff v. No.05-1873 Civil Term Christina E Guinther Defendant. : CNIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER S 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: q I ~I oS 9'Gd4~~ Kurt A Guinther, Plam lrr- (') "., 0 =' c = -n ?::'. "". :t,-n \Ji..:;", <.'" ",'1 'J)F -0 r"f\r=: ,C ~~l: .i_". N (j,l -' 61...i' ::<. .c: c=: -0 ~1~ ..,,-;::: d<_ s;:: :JZ j; ,. ~ -7 .r::"" ,,- ~..~ ~"C'" ';.0 -<: ,- ..-< ~. - Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0'::; - /87;] C/I/I/W"n. KURT A GUINTHER, v. CHRISTINA E GUINTHER, Defendant. CNIL ACTION- DNORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following inforrnation, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under section 3301(c) of the Divorce code. 2. Date and Manner of service of the Complaint: Certified Mail Restricted Delivery on or about April 16, 2005. 3. Date of execution of the affidavit required by section 3301(c) of the Divorce Code: by Plaintiff on September 22, 2005 and by Defendant on Septembe:r 16, 2005. 4. Related claims pending. The economic claims have been settled by agreement. 5. Date the Plaintiff's Waiver of Notice in section 3301(c) of the Divorce was filed with the Prothonotary: on September 26, 2005. 6. Date the Defendant's Waiver of Notice in section 3301(c) of the Divorce was flIed with the Prothonotary: on September 20, 2005. Respectfully submitted, ROBINSQN & GERAA ;;. BY~~ Gef'ald S. Robinson, Esquire Attorney J.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Plaintiff. n t:; v' ,..., = c? "-" {/l r""'1 -u (.'" o ':..... ~~;;~ :;;J -, ~ " o -n -ry --;.: ::;:l..." rnF' ~,-n ~-j t::J ,:.~ I~~) .1 l, . ..- ~1~, ~p, ~;;::. :<. w cr' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :+:+:+:+ iO+ Of. +:;to:+: . . . . . . . . . . . :+ :+::+;+: . . . :+:f. :+;+;+: +: :++::++::++:+::++:+:+:+:+:+:+:+:+ :+: +: IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . PENNA. STATE OF KURT A. GUINTHER No. 05-1873 Civil Term Plaintiff VERSUS CHRISTINA E. GUINTHER Defendant DECREE IN DIVORCE 0'+ \2 L.6~ , IT IS ORDERED AND AND NOW, KURT A, GUINTHER DECREED THAT , PLAI NTI FF, AND CHRISTINA E. GUINTHER , 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; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +::+:+: +:+:+ +:+:+:+'f.+::+++::+++:+:+:++:+:+:+:+ ~ ATT ~~"O'HO"OT^"~ . .. .. 'I' :+:++: +: Of':+:+:+:to+ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~fJ"ji~~ y,OOI ~ P' ~~.4tp.pf? .9/.0 J/ ) .. , . . .-, .. '. GERALD S. ROBINSON, ESQUIRE Robinson & Geraldo Sup. Ct. I.D. No. 27432 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax grobinson@robinson-geraldo.com KURT A. GUINTHER, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 05-1873 Civil Term CHRISTINA E. GUINTHER, Defendant. CIVIL ACTION- LAW IN DIVORCE MOTION TO INCORPORATE AGREEMENT TO: THE HONORABLE JUDGE OF SAID COURT AND NOW COMES, Plaintiff, Kurt A. Guinther, by and through his attorney, Gerald S Robinson, Esquire, and respectfully requests that the Marital Settlement Agreement between the parties be incorporated but not merged into the Decree in Divorce dated October 12, 2005. Date: Respectfully submitted, ROB~ON & G~O_ By: y~ '&JJ.~"'-'l Gerald S. Robinson, Esquire Attorney for Plaintiff. .----- :1 ." I ..... I'y Plaintiff, RECEIVED eCT 18 2005 f.)~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KURT A GUINTHER, v. NO. 05-1873 Civil Term CHRISTINA E GUINTHER, Defendant. CNIL ACTION- DIVORCE ORDER OF COURT AND NOW, on the 1...t, tt day of (),1 , 2005, it is hereby ORDERED that the Marital Settlement Agreement between the parties is incorporated into but not merged into the Decree in Divorce dated October 12, 2005. For the Court, /' d' I iJ 1 I I ~I ~'! (V~Cd \( c-ZVi ! <j J. ~cP \\5 1J c '~; , , , . , " " , IJ ~' , , " J Ii ------"'