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HomeMy WebLinkAbout06-0845 . JEFFREY W. BRENIZER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 0 l. . S 'i S Civil Term NICOLE A. BRENIZER, Defendant ACTION 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 JEFFREY W. BRENIZER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. / No.OC, . a 4'~ Civil Term NICOLE A. BRENIZER, Defendant ACTION IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Jeffrey W. Brenizer, a competent adult individual, who resides at 361 Trayer Lane, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Nicole A. Brenizer, a competent adult individual, who has resided at 59 Marilyn Drive, Carlisle, Cumberland County, Pennsylvania, 17013, since February 2,2006. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on September 20, 1997 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have two children together, namely, Hannah Brenizer, date of birth, May 12, 1997, and Kendall Brenizer, date of birth, February 17, 2000. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. . 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsification to authorities. Respectfully submitted, Date: 31/3~" Lj/ ane Adams, Esquire { J.D. No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ~ tc ~ 11 <; ~ "-' "'" "-' -t '^. .. l-:. 1;"" ...... ~') ~ ". 0/ d to') ~-} c3 G) ':'"") ';j .-, Hi :r: roo' I-'~: ('- ~) .'-', (-:=-> t,":':> vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. oL, - 'i54s- Civil Term JEFFREY W. BRENIZER, Plaintiff NICOLE A. BRENIZER, Defendant ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this February 27, 2006, I, Jane Adams, Esquire, hereby certifY that on February 21,2006 a certified true copy of the NOTICE TO DEFEND, COMPLAINT IN DIVORCE, AND CUSTODY COMPLAINT were served, via certified rnail, return receipt requested, addressed to: Nichole A. Brenizer 59 Marilyn Dr. Carilsle, Pa. 17013 DEFENDANT SENDER COMPLETE ~HIS SEcr:ON .... ~, . . . . . . Complete ite,ms 1,2, .,nd-3. l\1so complete item 4 jf Restricted D_elivery isdesirect. . 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: D. Is delivery address differetit from Item 1? 0 Yes If YES. enter delivery address below: ~o ~ICOLE ~ BRENI:~~ 59 '~'l.RILYN DR C~RLIS~E p~ 17013 3. Service Type a Certified Mall f:lRegistered o Insured Mail o Express Mall o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) 5 2. Article Number (Transfer from service/abe!) PS Form 3811 , February 2004 7004 1350 0003 7288 4653 Domestic Return Receipt 10259S..o2-M-1540 Rlespectfully Submitte.d"-::..----_ l _____-- '--./" // Jane dams, Esquire / 1.. No. 79465 '-------, 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF [',;. (:.:' ".;' JEFFREY W. BRENIZER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 845 Civil Term NICOLE A. BRENIZER, Defendant ACTION IN DIVORCE AMENDED AFFIDAVIT OF SERVICE AND NOW, this March 22, 2006, I, Jane Adams, Esquire, hereby certifY that on February 21, 2006 a certified true copy of the NOTICE TO DEFEND and COMPLAINT IN DIVORCE were served, via certified mail, return receipt requested, addressed to: Nichole A. Brenizer 59 Marilyn Dr. Carilsle, Pa. 17013 DEFENDANT SENDER' COMPI.ETE THIS SECTION .' . . . . . . Complete Ile,ms 1. ~;~nd~~. iI1sO complete ~em 4 if Restricted Q:e~very Is~eslrild. . 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 mail piece. or on the front jf space permits. 1. Article Addressed to: C. Da e of D~llvery I'. v."v\P D. Is delivery address different from Item 1? 0 Yes If YES, enter delivery address below: ~o NICOLE A BRENI;';ER 59 M1\RILYN DR CARLISLE PA 17013 3. Service Type a.. Certified Mall 0 Express Mall fJReglstered 0 Retum ReceIpt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (extra Fee) s 2. Article Number (Trsnsfer from serviCe !abel) PS Form 3811 , Februsry 2004 7004 1350 0003 72BB 4653 Domestic Retum Receipt 102595.02-M-1540 Respectfully Submittedp , 0 :taL Adams, Esquire . . No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ~?S r~-) c...... ~:i1 .-, "T' fil~.' ,-- --, :-.- 5:;' :;::l.::'; C0 N :'1 :::; (.:1 'j~J -< JEFFREY W. BRENIZER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 845 Civil Term NICOLE A. BRENIZER, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT I. A complai!1t in divorce under section 3301(c) of the Divorce Code was filed on August 17, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a [mal 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 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date:~1 (1) y I 0 LP WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 6330Hc) AND 6330Hd) OF THE DIVORCE CODE I. I consent to entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division ofproperty,lawycr'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: '7 (~L{ I 0 ~ o f; , ~'CI':" IT> ~~' -'o-'! :::-~:' c>; '"'" = "" "" o -" ::;:! ri1:..TI _-. r-~ ,:'i~ ---:---T', ,;~::; :!J ~;,C) 3m j;! :n -< ;?= .....>'>7 -< I'.:> <"''1 ~ \.D N W JEFFREY W. BRENIZER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 845 Civil Term NICOLE A. BRENIZER, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on August 17, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a fmal decree of divorce after service of notice of intention to request entry of the decree. 1 verify that the statements made in this affidavit are true and correct. 1 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: 5/ Of)} 0 " J) WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER li330Hc) AND li330Hd) OF THE DIVORCE CODE I. 1 consent to entry of a fmal decree of divorce without notice. 2. 1 understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: 0 \ d-- ~ 0 \sJ Nicole A. Brenizer, Defendant (') ...., ~ = c = --:"'"" "" 'L' (: -~ :i:!...,., ~T~ ~. m- ;; , r -< r -om '. N :~'::JQ - U1 ~:?J ~> -";" :,:< :l> ;".' -reI ,f;: ('- 3.: "~O " Orn j:;. \_,~,' S In .--1 4- ?5 ::;:i N , <..0 -< 8""";1); v. Br&,~'J~ / o. () ~ -gtjS-- SEPARATION AGREEMENT BETWEEN NICOLE A. BRENIZER AND JEFFREY W. BRENIZER TmS AGREEMENT, made this tJ ctu\t;v day of :1 ~ , 2005, by and between, NICOLE A. BRENIZER, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "WIFE", and JEFFREY W. BRENIZER, of Carlisle, Cumberland County, . Pennsylvania, hereinafter referred to as "HUSBAND". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 21, 1997 in Cumberland County, Pennsylvaia, and; WHEREAS, there were two children born of this marriage; WHEREAS, differences, disputes, and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart, and the parties desire to settle their respective financial property rights and obligations as between each other, including the settling of all matters between them relating to ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Wife and Husband, each intending to be legally bound, hereby covenant and agree as follows: 1. ADVICE OF COUNSEL. The Husband pas employed and had the benefit or counsel of Jane Adams, Esquire, as his attorney. Wife is PRO SE. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. Wife has been advised of her right to counsel, voluntarily elected to forego representation, and understands that Jane Adams, Esquire is only representing Husband. 2. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth their respective rights and duties while they continue to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. , . 3. SUBSEQUENT DIVORCE. Should a decree, judgment, or order of separation or 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 any 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 specifically agreed that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment, or decree. This incorporation shall not be regarded as a merger, it being 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. DATE OF EXECUTION. The "date of execution" or "execution date" of this agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. All provisions of this agreement shall be effectuated by the parties within thirty (30) days of the execution date of this agreement unless otherwise specified within this agreement. 5. MUTUAL RELEASE OF ALL CLAIMS. Other than as provided in this agreement, each party may dispose his or her propertY in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 6. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnifY or hold harmless from the other and against all future obligations of every kind incurred by them, including those for necessities. 7. OUTSTANDING JOINT DEBTS. (a) Wife agrees that the following debts are her own personal responsibility and therefore agrees to completely and finally pay on the foil owing debts and obligations. Wife's student loan. Wife's dentist bill. (b) Husband agrees that the following debts are his own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any debt incurred during the marriage and up until the date of separation other than Wife's student loan and dentist bill. Husband will pay Wife's truck insurance and both life insurance policies until 12/31/2005. After this date, Wife will pay for her own auto insurance, and any payments due on her life insurance policy. 8. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. s3501 et. seq. and taking into account the following considerations: the length of the marriage, the age, health, station, amount, and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties, the contribution of each party to the education, training, or increased earning power of the other party; the opportunity for each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard ofliving the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 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 introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. As such, the parties acknowledge that Husband or Wife's obligation to make the payments defined in this agreement shall not be subject to termination, discharge, or discontinuance in bankruptcy or for any other reason or by any Court or tribunal. Should Husband or Wife pursue and action in bankruptcy and be successful in extinguishing his obligation to pay any debts for which he has assumed sole obligation as set forth herein, he or she shall immediately be obligated to pay alimony to the other party in an amount equal to the monthly obligation on such debts that he or she otherwise had assumed and for which he had taken sole obligation and responsibility, plus an additional fifteen percent (15%) in consideration of the tax consequences associated with receipt of alimony. At the time of the implementation of this alimony award, which may be made through the appropriate Domestic Relations of support office with the Court of Common Pleas of appropriate jurisdiction as Husband or Wife may select, such party shall then be responsible for any such debts extinguished through the other party's bankruptcy as described herein. 9. OTHER PERSONAL PROPERTY. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Rusband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. Wife shall retain: All elephants, cuckoo clock, a cedar chest. Husband shall retain: all furniture in the marital home. 10. MOTOR VEHICLES. With respect to the motor vehicles, owned by one or both of the parties, they agree as follows: (a) The 1994 Ford Explorer shall be and remain the sole and exclusive property of Wife. (b) The 2004 Ford Explorer shall be and remain the sole and exclusive property of Husband. '''' The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, and said executed titles shall be delivered to the proper parties on the distribution date. Husband shall not be required to transfer Wife's vehicle into her name alone as long as he is paying for her auto insurance. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobiles. 11. MARITAL HOME. HUSBAND and WIFE hold title as Tenants by the Entireties to the premises identified as 361 Trayer Lane,Carlisle, The parties agree as follows with respect to the marital residence: (a) Wife waives all her right, title, and interest in the marital home and releases all interest to Husband. Within twenty (20) days of Husband's request, Wife shall deliver a deed, conveying to Husband all of her right, title and interest in and to the marital residence. As of the date of separation, Husband shall have sole and exclusive possession of such residence. (b) As of the date of separation, and without regard to when bills for such items are incurred, received or due, HUSBAND shall be solely responsible for all past, present, and future costs or liabilities associated with or a~butable to maintaining the marital residence (except as provided herein), including but not limited to, all real estate taxes, water and sewer rents, gas, electric, and telephone service, homeowner's insurance, and gardening expenses and repairs, and HUSBAND shall keep WIFE and her successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expense, including attorney's fees, which are incurred in connection with such maintenance, costs, and expense. 12. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties pensions, 401(k) plan, retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. 13. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to spousal support, alimony, or alimony pendente lite, and each party agrees to be responsible for his or her own legal fees, costs, and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. Wife and Husband do hereby waive, release, and give up any rights they may respectively have against the other for alimony, support, or maintenance. It shall be from the execution of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. All alimony to be paid under this agreement shall terminate upon the recipient's remarriage or cohabitation with a person of the opposite sex. 14. CUSTODY. The parties are the natural parents of two children, namely, Hannah Brenizer and Kendall Brenizer. The parties shall have shared legal custody of their children. The parties shall also equally share physical custody of the children. Husband shall have physical custody of the children every Sunday, Monday, and Tuesday, and Mother shall have physical custody of the children every Wednesday, Thursday and Friday. The parties will alternate Saturdays with the children. 15. CmLD SUPPORT. Husband agrees to pay Wife the sum of $140.00 per month for the support of the couple's children, payable one-half on the first of each month, and one-half on the fifteenth of each month. In addition, Husband ~ll voluntarily contribute to expenses for the children's clothing, sports, or other bills. Husband shall maintain health insurance for the children and the parties shall divide all unreimbursed medical expenses for the children equally. The obligation of support may be modified at any time on the basis of material change in the circumstances of the parties or the children, and shall not contractually obligate the Husband to pay Wife a sum which would be higher than the support guidelines prescribe. 16. WAIVER OR MODIFlCATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 17. MUTUAL COOPERATION. Each party shall, at anytime and from time to time hereafter, take any 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 of giving full force and effect to the provisions of this Agreement. 18. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 19. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 20. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assigrnnents, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 21. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant tothe terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be c~nstrued as a waiver or strict performance of any other obligations herein. 22. SEVERABILITY. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provisions shall be stricken from this Agreement; and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the rernaining obligations of the parties. 23. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment oflegal fees and costs incurred by the other in enforcing their rights under this agreement. 24. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily_ free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: . . \- Witness Date: IO!Jt/zb COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) On this, theQ& day 0~bQ/) ,2005, before me, the undersigned officer, personally appeared NICOLE A. BRENIZER, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set NOTAflIAL SEAL DARCIE A. NEil, NolIIIy PutIlIo Banl 01 c:.rrtele, CumbertIilCI 00unIy IA) 1_....'-<1." &1,1._ Ne'" 204,.aollli My commission expires: SEAL Jl;;vt:~~1MOO Date: IrJ/~}cA COMMONWEALTH OF PENNSYLVANIA } ):ss COUNTY OF CUMBERLAND ) On this, the a~ day oO:JkJIoof) , 2005, before me, the undersigned officer, personally appeared JEFFREY W. BRENIZER known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my No hc My commission expires: SEAL NOTARIAl. $I:AI. DARCIE A. NEIL, Notary Nlllo Boro Of CarlIle, CUmtIIIlIncI County "~ ~J Iln ~ . . aNlw.2.4,~ (') ...., 0 = C (;:;.:;J -n ~..' c,.., :c''''' ::?-n -.': rl1p::; -..-, rr', ", =?? 01 .:.:..:~ (~~, , :::::~'" ;~5 ~n -,.,~ --7 C) C) rn -n -I -1::>- N :a GJ -< JEFFREY W. BRENIZER, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 845 Civil Term NICOLE A. BRENIZER, Defendant : ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please 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) of the Divorce Code. 2. Date and manner of the service of the Complaint: Via certified mail, restricted- delivery, return-receipt requested, on: February 21, 2006. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: May 24, 2006. By Defendant: May 24, 2006. 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: May 25,2006. Date Plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: May 25,2006. Date: ;;{ 7;010(" Adams, Esquire . No. 79465 64 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff r--.") c::..~ C;::::.1 cr ::: ~;:}.. --.... n 11 -I :::C-n rt1F'- i' , ..-j <.oJ -0 ....::- r:--? o ..'...~ .,- iIi iIi iIi ~ ~ ;I; iIi iIi iIi ~ Eli iIiiliiliili ;+;iIi~ ;liiliili;li;li iIi iIi ~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Jeffrey W. Brenizer, Plaintiff No. 2006 - 845 Civil Term No. VERSUS Nicole A. Brenizer, Defendant DECREE IN DIVORCE AND NOW, ~~ dt/O:)OM. )dol. , IT IS ORDERED AND 7 DECREED THAT Jeffrey W. Brenizer, Plaintiff , PLAI NTI FF, Nicole A. Brenizer, Defendant AND , DEFEN DANT, 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; None; the marriage settlement agreement which was executed October 28, 2005, and filed May 25,2006, shall be incorporated and not ATTEST: PROTHONOTARY ;t; ~ '" iIi iIi~ ~~~ ~ ~ iIi ~iIi~ ~ ~~iIi iIi~ iIi iIiiliiliili iIi iIi;t;~iIi~ "'iIi"'~ ~ ;+; iIi ;+; ;+; ;+; ~ ;+; ~ ;+; ~ ;Ii ;Ii ;+; ;+; '" ;+; ;+; ;+; ;+; ;+; ~ ~ ;+; ;+; ;+; iIi ;+; ;+; ;+; J. -h ~ ~ ~ 9(.7' ;;/-~ ~~~~~r9 ~,tj(.? , 'fl >~~....., . '-lOjj" .I < . _.,.J 11