Loading...
HomeMy WebLinkAbout05-2454SHERRY L. BRETZMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW DANIEL E. BRETZMAN, NO. l%~~ .~~/S~/ CIVIL TERM Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You aze warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any 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 Cumberland County Courthouse, Cazlisle, Cumberland County, Pennsylvania, 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Baz Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Y SHERRY L. BRETZMAN, Plaintiff v. DANIEL E. BRETZMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 675- ,2,y,5~i CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff is Sherry L. Bretzman, an adult individual currently residing at 921 West Trindle Road, Apt. C, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Daniel E. Bretzman, an adult individual currently residing at 188 Wellsville Road, Wellsville, York County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on Mazch 26, 1988, in Mt. Holly Springs, Cumberland County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant aze members of the United States Armed Forces or its Allies. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant aze citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. Respectfully submitted, %~_. ~ ~ %~ Brian C. Bornman, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Cazlisle, PA 17013 (717)243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of l8 Pa.C.S. Section 4904, relating to unswom falsifications to authorities. DATE: `-~~ ZS' C~S~ ~ ~ ~ L SHERRY B TZMAN \. '\\ i ~ ~, ~ V C1J ^„Z ~ a ~ ~i~~~~ c~ ~"~ CY ~-, i'i ~ - .a - ' ' . i t ~~J ICJ . c, SHERRY L. BRETZMAN, Plaintiff v. DANIEL E. BRETZMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. OS-2454 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, Marcus A. McKnight, III, Esquire acknowledge that on or about I s' J received a copy of Plaintiff's Complaint for Divorce directed to Defen ant, in the above captioned action and acknowledge that I am authorized to do so on behalf of Daniel E. Bretzman. Date: ? 5 i ~~~ Marcus A. Mc ~ght, III, Irwin & McKnight 60 West Pomfret Street Cazlisle, PA 17013 -' ~ ~_ ~ c~ -,~ „ ~ °-+ c..:; ~._ - ~ Frt. ~ 'rr IT; (tii 7 .. _, _.. _ ?~°i .. e :J'i N J ,< SHERRY L. BRETZMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW DANIEL E. BRETZMAN, NO. OS-2454 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on May 12, 2005, and service was made on May 21, 2005. 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 nofice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: ~J oZ~s -9 _ 1 x,17 y'' r~~ S"3 -_ r,, n~ O r n -1 ~.; _T ~ ,; _, s .- .'y ~.~ 's: .~ I'J SHERRY L. BRETZMAN, Plaintiff v. DANIEL E. BRETZMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. OS-2454 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORI/T~IES. ~` DATE: 01o~3~aa~~ ~" " C"J f 2"`~~ DANIEL E. BRETZM N Defendant r~ CY G_') _ c,i . _4 t ~~~Y_ .,~-~ r. , { ~i s: t^? {.J SEPARATION AND PROPERTY SETTLEMENT AGREEMENT TIfIS AGREEMENT, made this ~$ day of ~l~vv~2 ~ , 2005, by and between SHEXRYL. BRETZAIAN., of Cumberland County, Pennsylvania, patsy of the first part, hereinafter referred to as "13~ife'", AND DANIEL E. BRETZMAN, of York County, Pennsylvania, party of the second part, hereinafter referred to as "HusGnnrf', WITNESSF.TIi: WfIEREAS, the parties hereto are husband and wife, having been married on March 26, 1988, in Cumberland County, Pennsylvania; and WfIEREAS, 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 patties hereto are desirous of settling their respective financial rights and obligations as between each other, and to finally and for all time to settle mid determine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; and WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; and WIlEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of --Pace I of 15-- Husband and Husband acknowledges that he has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and iucotne of Wife: NOW. THEREFORE, in consideration of the premises and of the mutual promises, covenauts and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wite and IIusband, each intending to be legally bound hereby, covenants and aeree as follows: Adrice of Courrscl: The provisions of this Agreement and their legal effect have been fii{ly explained to the parties by their respective counsel, Brian C. Bornman, Esquire, for Wife and N[arcus McKnight III for hIusband. The parties acknowledge that they have received independent legal advice from counsel of their own selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and volwriarily after having received such advice and with such knowledge that executio^ of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion ar improper or illegal agreement or agreements acrd the pazlies hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, oven'eaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. --Page 2 of 15-- 2. Ihcn~ranh~ 01 Disclosure: 'Lhe parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. 'I'bis disclosw~e was in the form of an informal exchange of information by the parties but also reflects the fact that the patties had personal knowledge before their separation of their various assets and debts all of which Porn the basis of this Agreement between the parties. 3. Personal XiQhis and Sepcn~ation: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be flee front any control, restraint. interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use at benefit, carduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective families of each oQ1er nor compel or attempt to compel the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. 4. AQrec~ntent not a Bar !o Divrn•ce Proceedita~,r: This Agreement shall not be considered to affect or bar the right of Wife or Ilusband to a limited or absolute divorce on lawfu] grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. 'T'his 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 party of the other party which nay have occasioned --Page 3 of IS-- the disputes or untie-ppy differences which have occurred prior to or which may occur subsequent to the dale hereof. "fhc parties intend to secure a mutual consent, no-fauh divorce pursuaul to the teens of §3301 (c) of the Divorce Code of 1980. ~. .~reerneni !o he b~corporaled in Dina~ce Decree: The parties agree that the terms of this Agreement shall be incorporated into auy divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not he merged into the decree, but shall survive the satne and shall be binding and conclusive on the parties for all time. 6. Dule orExecuiion: The "date oC execution' or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have cacti executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shalt be defined as the date of execution by the pally last executing this Agreemeut. 7. Personal Pronerty~: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of ari and other personal property. Wife agrees that all oC the property in the possession of Husband shall be the sole and separate property of Husband and I~usband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which --Page 4 of I S-- shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 8. Marital Debt: Each party hereby confirms that they have not incurred any additional debt since their separation that has, in any way, obligated the other party. Neither party will take any action to incur additional debt of any nature whatsoever in the other party's name from the date of execution of this Agreement forward. In addition, though, the parties are joint obligors on a Visa loan, account number 182604971, in the amount of $5,500.00. From the date of execution of this Agreement forward, Husband shall be solely and exclusively responsible for and obligated to repay the aforesaid debt. Husband shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid credit card debt. Husband shall refinance the debt into his sole and individual name and/or remove Wife's name from said debt within ninety (90) days of signing of this Agreement. Wife has agreed not to seek child support from Husband. If she files for child support, Husband may seek as a set off Wife's share of the joint Visa loan set forth herein. 9. Bank Accounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. --Page 5 of 15 -- 10. .9>ler-Acyrut•ed Personal I'rop~rfi: Gach of the parties shall hereafter own and cgjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power, iu him or her to dispose of the same as fully and effectively, in all respects and for al] purposes, as though he or she were unmarried. 11. nfotor Pehicles: With respect to the motor vehicles owned by one or both panics, the parties agree as follows: a.) At the time of execution of this Agreement, it is acknowledged that Wife is in possession of the parties' 2003 Hyundai Santa Fe sport utility vehicle. The patties are jointly obligated on a debt secured by the aforementioned vehicle. Wife shall retain sole and exclusive possession of the Hyundai Santa Fe. Husband hereby conveys any and all right, title, and interest he may have in the aforementioned vehicle. Wife shall assume sole and exclusive responsibility for repayment of airy debt due and owing on account of the aforenreutioned vehicle. Wife shall at all times indemnify Husband and bold him harmless from and against any and all demands for payment or collection activity of any nature with respect to any such debt associated with said vehicle. Husband shall execute the title of the vehicle within fifteen (15) days of being request to do so by Wife or by Wife's legal counsel to Wife's name individually. Husband shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature --Page 6 of 15-- whatsoever to the aforesaid vehicle from the date of execution of this Agreement Corward. b.) The parties acknowledge that husband has and shall retain sole and exclusive ownership and possession of the parties' 1999 Ford Ranger pick-up truck. Wife shall execute any necessary documents to transfer the title solely to the possession of Husband. 'ife shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall wake no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. ]2. Reciprrocnl YI'crirers ofPerasia7 /nlerests: Husband and Vs'ife agree to waive any and all right, title, or interest iu the other party's Individual Rctirenrent Account(s). Pension(s), Atuiuities, profit-sharing plans, or other retirement accounts or plans. The patrties acknowledge that they both have retirement accounts and that these accounts have been adequately disclosed to the other party. l3. YY'nr~rcrntn ns to Post Sepnrntia~ and Future Obli~ntions: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter hold harmless and keep the other patty indemnified from all debts, charges and liabilities incurred by the Ilusbatrd or Wife, respectively. -Page 7 of I S-- 14. ~rouscrl Sapnot•I 9limrnt)~ Alrnum7~Penderrle Tile nnd,Sj~ousal A4crintenance a.) Husband hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendcnte lilt, spousal support, spousal maintenance, counsel fees and expenses against Wife. b.) Wife hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendcnte life, spousal support, spousal maintenance, counsel fees and expenses against Husband. 15. rlft+lucrl Relenses: husband and Wife each do hereby nnrtually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for al] purposes whatsoever, of and from any and all right, 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 situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate .laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as 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 other country, or any rights which either party may have --r:,6~ s or r 5- or al any time hereafter have for past, present, or future support or maintenance, alimony, alimony penctente tile, counsel ices, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise wldcr this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or 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 thereof. 16. Dit-orce: Wife shall commence an action for divorce against Husband pursuant to §3301(c) of the Divorce Code of Pennsylvania by filing a Complaint in Divorce in the Court of Common Pleas of Cumberland County, Pennsylvania. Both parties shall, ninety (90) days from the date of service of the Complaint execute Affidavits of Consent and Waivers of Notice of Intention to Request the Entry of a Decree in Divorce. [t is understood and agreed that the Decree in Divorce issuing from this matter shall incorporate this Agreement. Further: a.) This Agreement represents a canplete and Fnal agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under §3502, et. of the Pennsylvania Code, Act. No 1980-26. --Page 9 of I S-- h.) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to he granted therein. Notwithst~mding such incorporation, this Agrecrncnt shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all panics. 17. Leal Fees: In the review and preparation of this Agreement each party shall bear his or her own legal fees. 18. Rented~~ for Breach: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through fonual cow~t action or negotiations, or to seek such other remedies or relief as may be available to him or her. 19. Eguitnble Distribution: h is specifically understood and agreed that tlus Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by husband and Wife or either of them, during the man~iage as contemplated by The Act of April 2, 1980 (P.L. No. 63, I~3o. 26) known as "The Divorce Code," 23 Y.S. 101 et seq. of the Conm~onwealth of Pennsylvania, and as amended. 20. Suwtntarv of Effect of,9greemerzt. It is specifically understood and agreed by and between the parties hereto ,and each party accepts the provisions herein made in --P1gc I O of t~- lieu of and in full settlement and satisfaction of any and all of the said panics rights against the other for any past. present and future clams on account of spousal support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 21. Taz Consequences: By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside ftimds or other property not constituting a party of the marital estate. The parties acknowledge that they are the parents of one child, Danielle N. Bretzman, bom August 4, 1997. The parties hereby agree that they shall alternate years in which they use Danielle as a federal income tax exemption. The parties agree that Mother shall take Danielle as an exemption in all odd numbered years, as long as she remains eligible to be taken as an income tax exemption. The parties agree that Husband shall take Danielle as an exemption in alt even beginning for the tax year 2004. numbered years/as long as she remains eligible to be taken as an income tax exemption. --Page I I of I S-- 22. Mar[rrn/ Coopernliorr~Drth~ ro Effec[ua(e A~~rcerrtenl: Lach party shall at any time and from time to time hereafter, take an}' and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose oC giving full force and effect to the provisions of this Agreement. 23. IZeconciliarion: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that the}~ have rccoucilcd and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt areconciliation, which action, if not consuunnatcd try the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 24, ,Severuhilirr~: If any teen, condition, clause or provision of this Agremnent shall he determined or declared to be void or invalid in law or otherwise, then only that teen conditimr, clause or provision shall he stricken from this Agreement and in all outer respects this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in uo way void or alter the remaining obligations of the parties. 25. No W'niver of DefauA; This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The --Pace 12 of 15- failure of either part~• to insist upon strict performance of any of the pt'ovisions of this Agreement shall in no way affect the right of such party hereafter to enforce. the same, nor sha- the waiver of any breach of amy provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall iL he construed as a waiver of strict performance of any other obligations herein. 26. Integration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 'ibis Agreement shall survive integratian by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 27. Effect of Divorce Decree: The parties agree that mlless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be catered with respect to the parties. 28. Noticea•: Any and all notices given hereunder shall be in writing and shall be sent registered mail, retw7t receipt requested: a.) 'to Husband in care of Marcus Mchnight, III, L'sguire at 60 West Pomfret Street, Carlisle, PA 17013. b.) "fo Wife in care of Griffie & Associates at 200 North Hanover Street, Carlisle, PA 17013. --Pace 13 of IS-- 29. II'nn~er or ~19odificaGort to Le in Fh'rilin,~: No ^~odilication or waiver of any of the terms hereof shall he valid unless in writing and signed by both parties and uo waiver of any breach hereof or dcCault hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 30. C~~limzs: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agrectnent, nor in any way effect this Agreement. 31. .~reement 6rrtdingoiv Heirs° This Agreement shall be binding and shall inure to the benefit of the panics hereto and their respective heirs, caecutor, administrators, successors and assigns. 32. Governing Lang: This Agreements shall be. construed in accordance with the laws of the Commonwealth of Pennsylvania. 1N WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute au original, the day and year first above written. WITNESSF,S: J / Date 3EItRY L. 13RETZMAN 2005 ^ Date DANIF,L E. B Z N --Page 1.1 of 15-- COMMONWEAL"fII OF PENNSYLVANIA COON"fY OP "~~ on a,is ~g+~ aay or S 20(}4, before me, the undersigned olTicer, personally appeared SI~ERXY L. 6RETZMAN, known to me (or satisfactory provenl to be the person whose name is subsa~ibed to the within Agreement and acknowledged that she executed the same for the propose therein contained. IN WITNESS WI{EREOF, I hereunto set my hand and official seal. Notarv Public NOTARIAL SEAL pOBiN 1. GOSNORN, NOTARY PUBLIC CARL4SLE BORO., CUMBERLAND COUNTY MY COMMISSION E%PIRES APRIL 11 2007 COMMONWEALTH OF PENNSYLVANIA COUNT Y OP C, v ~ ~ ~`'G a ~ On this ~ ~~ of ,,J GL `Y) v ~ ~ , 200~~ before me, the undersigned officer, personally appeared DANIEL E. I3RETZMAN, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged t1Tat he executed t1Te same for the purpose therein contained. IN WPCNESS WIIEREOF, I hereunto set my hand and official seal. ~~~ ~ YLVMwq ( ~ ~rE~~ Not ryPublic y. Pennaw„e..:_ . ~ ~~~007 --Paee I5 of I S-- ° r-? c J -i'1 _ (J' •-I T ~ ~ `~'r ~ „ ~ `_-. ~ C~ ~ ~l 1 •. SHERRY L. BRETZMAN, Plaintiff v. DANIEL E. BRETZMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. OS-2454 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on May 12, 2005, and service was made on May 21, 2005. 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: ~ - a ~- [7..5 ~ Ct'i~ S ERRY L. RETZMAN, Plan iff r~ '-> -r~> r~ -~ ';~ ~f-, _ r-~ SHERRY L. BRETZMAN, Plaintiff v. DANIEL E. BRETZMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.OS-2454 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: l o~ ~ D.5 ~l/LP~c~w/ ~ tsZL2.~`1/!'v?G~7'L SHERRY L RETZMAN, Plain iff ~ ~' ~ q cn `' i ~~ T,; <': P` 1.-1 - ~a _: ,:-'_; _ - ~ ~~ ~-~r`q [ J f" ;] ,t _. SHERRY L. BRETZMAN, Plaintiff v. DANIEL E. BRETZMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. OS-2454 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Acceptance of Service by Defendant's attorney, indicating service on or about May 21, 2005. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: 9/28/05 by Defendant: 8/23/05 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff s affidavit upon the respondent: 4. Related claims pending: none 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 of plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: October 18, 2005 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: September 7, 2005 ~nn nnl\ 1'4.~ilmnn ~dMl~,~ Hannah Herman-Snyder, Esquire GRIFFIE 8c ASSOCIATES Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY ., STATE OF PENNA. SHERRY L. BRETZMAIV, Plaintiff N O. OS-2454 VERSUS DANIII, E. BRETZMAN, DECREE IN DIVORCE AND NOW, Ot~tc~har Z~~ 2005 1T IS ORDERED AND DECREED THAT Sherrv L. Bretzman ,__, PLAINTIFF, AND Daniel E. BretZman __, DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRfMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWI(VG CLAIMS WHIChi HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The parties' Separation and Property Settlement Agreement, dated January 28, 2005, is incorporated herein, but not merged. BY THE COURT: ATTES ((,/.,// ~ J. 7"`_ PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT4', PENNSYLVANIA ~~ err~l ~ ~ re ~-~~- ~~ Plaintiff ~ ~ -- ~ 7 J~ Vs File No. IN DIVORCE ~C~-n t ~ I ~ b ~Q ~z w~.~. n . Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff /defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or /' after the entry of a Final Decree in 3?ivorce dated IU "~ ~' 45 , hereby elects to resume the prior surname of CS ~ r /1 2 ~ ,and gives this written notice avowing his /her intention pursuant to the provisions of 54 P.S. 704. S gnature f Signs e of name being re ed COMMONWE q~,TH OF PENNSYLVANL4 ) COUNTY OF ~~_(, On the ,~~ flay of /~,~ ~ , 200, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose 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. Prothonotary or otary Public NOTARIAL SEAL CARLISLE COU BERLAND COUNTY COUII~HOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 a ~ C ° '" ~ *^ 3 ~ ~' p ~ ;, W _~ z:3 ; O - -G ~ `~ ~„'