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HomeMy WebLinkAbout06-3145 r(:; PROPERTY SETTLEMENT AGREEMENT j!'/ THIS AGREEMENT is made this ~. day of August 2006, by and between: DEANETT E. FLEMING-BENTZEL, hereinafter referred to as Wife; --AND-- KEVIN R. BENTZEL, hereinafter referred to as Husband; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 27, 1998, in Ocho Rios, Jamaica; and WHEREAS, there is one mmor child born of the marrIage; namely: Cameron B. Bentzel, born January 5, 2000, and Wife, Deanett E. Fleming-Bentzel has a child, Breyanna N. Fleming, born August 13, 1993. WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they have separated and now live separate and apart from one another, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliation; and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them 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 against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship. NOW THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, husband and wife, each intending to be legally bound, hereby covenant and agree as follows: 1. SEPARATION It shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to Initials~ 2 Initials W cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 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 being understood by and between the parties hereto, that this Agreement shall survive and shall not be merged into any Decree, Judgment, or Order of divorce or separation. It is specifically agreed however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any Order of divorce, Judgment, or Decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any Judgment and be forever binding and conclusive upon the parties. 2. EFFECTIVE DATE The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed 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. Initial~ 3 Initials fet3 3. MUTUAL RELEASES Husband and wife do hereby mutually remise, release, quit-claim or forever discharge the other and estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, or whatever nature and wherever 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 or by way of dower or curtesy, of 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 or a surviving spouse to participate in a deceased spouse's estate, whether arising under the United States, or any other country; or any rights which either party may now have or at any time hereafter have for the past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of husband and wife to give to each other, by the execution of this Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal, or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and Initials~ 4 '/7 (L, Initials ~ obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 4. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of the Divorce Decree, unless otherwise specified herein. 5. MUTUAL CONSENT/ADVICE OF COUNSEL Husband and wife acknowledge and understand the terms and conditions of this Agreement, and husband is unrepresented, and wife is represented by Diane M. Dils, Esquire. Each party acknowledges that he or she has received or has been given an opportunity to receive independent advice from counsel of his or her selection and was fully informed as to his or her legal rights and obligations. Husband and wife acknowledge that they fully understand the facts as to their legal rights and obligations under this Agreement. Husband and wife acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any collusion or improper or illegal agreement or agreements. Initials. 5 , f/rJt27 Initials ~ 6. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owed by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the parties shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs, or expenses incurred by the other party in seeking equitable distribution of said asset. 7. DEBTS AND OBLIGATIONS Husband represents and warrants to wife that as of the signing of this Agreement, he has not, and in the future he will not contract or incur any debt or liability for which wife or her estate might be responsible and shall indemnify and save wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. Initials~ 6 Initials tl!f3> Wife represents and warrants to husband that as of the signing of this Agreement, she has not, and in the future she will not contract or incur any debt or liability for which husband or his estate might be responsible and shall indemnify and save husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 8. REAL ESTATE Husband and wife hereby acknowledge that they are the joint owners of real estate located at 1420 Timber Brook Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. Husband and wife hereby acknowledge that simultaneously with the execution of this Agreement, husband will sign a Deed placing said real estate into the name of wife alone. Wife hereby acknowledges that she will refinance the current mortgage and home equity loan into her name alone thereby relieving husband from all obligation for the repayment of the same. Wife hereby acknowledges that she shall refinance said mortgage and home equity loan within sixty (60) days of the Divorce Decree being entered. Wife hereby indemnifies and holds husband harmless for the payment of the mortgage and home equity loan between the date of the execution of this Property Settlement Agreement up to and including the date said debt is refinanced. Wife shall be solely responsible for the payment of these obligations. In addition to wife's responsibility for the payment of the mortgage and home equity loan, husband and wife hereby acknowledge that there is also an InitialsttCb J.) 7 Initials (re outstanding personal loan with Citi Financial and a joint credit card debt. Wife hereby indemnifies and holds husband harmless for the payment of said personal loan and joint credit card debt and wife hereby agrees that she shall be solely responsible for the payment of the same. Husband and wife hereby acknowledge that said credit card debt owed National City is not being utilized by the parties and there are no recent charges. 9. PERSONAL PROPERTY Except as set forth hereto, husband and wife have agreed that their personal property has been divided to the parties' mutual satisfaction and neither party will make any claims to the property possessed by the other, except as set forth hereto: Husband and wife hereby acknowledge that they are the joint owners of a 2005 Pontiac G6 automobile which is in the possession of wife and shall remain the sole and separate property of wife. Husband and wife hereby agree that they will execute all necessary documents for the purpose of placing said automobile into the name of wife alone. Wife hereby acknowledges that she will be solely responsible for the payment of her car insurance for said automobile. Husband hereby agrees that he shall execute all documents within ten (10) days after receipt of the same and shall cooperate with the transfer. Wife shall be responsible for the costs of all transfer of said title into her name alone. Husband and wife hereby acknowledge that they are the joint owners of a 1999 Ford Escort automobile which is in the possession of husband and shall remain the sole and separate property of husband. Husband and wife hereby agree Initials~ 8 ,,11ft Initials (elt;> that they will execute all necessary documents for the purpose of placing said automobile into the name of husband alone. Husband hereby acknowledges that he will be solely responsible for the payment of his car insurance for said automobile. Wife hereby agrees that she shall execute all documents within ten (l0) days after receipt of the same and shall cooperate with the transfer. Husband shall be responsible for the costs of all transfer of said title into his name alone. 10. PENSIONS/RETIREMENT/EMPLOYMENT RELATED BENEFITS Husband and wife hereby acknowledge that wife has a retirement through the Commonwealth of Pennsylvania which includes her years as service in the military, and a 401 (k) account through her employment with IBM, as well as an additional retirement account with IBM as required by said company. Husband and wife hereby acknowledge that husband has a 401 (k) through his previous employments with Fry Communications and Pennsylvania Employees Benefit Trust Fund (PEBTF) Pension/Retirement. Husband and wife hereby acknowledge that they waive all of their rights, title, and interest in their spouse's pensions, retirement accounts, 401(k)'s, and any and all employment related benefits. Husband and wife hereby acknowledge that they have a general understanding of the value of said accounts, and do not desire full financial disclosure of the same prior to waiving their rights. Initialsdr&t) 9 Initials ~ 11. RESIDENCY OF THE PARTIES Husband and wife hereby acknowledge that as a result of wife's employment which requires her to travel from Monday mornings until Thursday evenings, that at this time, the parties will continue to live together in the residence located at 1420 Timber Brook Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. The parties hereto acknowledge that prior to the execution of this Agreement, that it is their intention to continue after the execution of this Agreement and a Divorce Decree being entered that in an attempt to maintain continuity and stability for their minor child and for the minor child born to mother prior to the parties' marriage, father will continue to reside in the residence. As a result of husband's continued residency in the real estate located at 1420 Timber Brook Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, husband will pay an agreed upon amount each month for rent to wife. Wife, as previously indicated in this Agreement, will be responsible for the payment of the mortgage, home equity loan, as well as the parties' personal loan, joint credit card debt, and all utilities and obligations as a result of the real estate. Husband and wife hereby acknowledge that it is their intent to continue to co-parent their child and husband hereby acknowledges that it is his intent to continue to be a step-father to the child, Breyanna N. Fleming, as he has done in the past, and the parties hereto acknowledge that they believe it is in the best interest of the minor children to continue their living arrangements at this time. Both parties hereto acknowledge that despite the arrangements in this Agreement that the parties may, in the future, mutually agree to modify said living Initial~ 10 l//1 1'" Initials ~ arrangements. The parties hereto acknowledge their understanding that if an agreement cannot be reached in the future between the parties, or if there is a request of either party to modify, that they may petition the Court with appropriate jurisdiction to determine the best interest of the minor children as it pertains to custody. 12. CHILD SUPPORT Husband and wife hereby acknowledge that as a result of the living arrangements set forth in the above residency paragraph, that neither party will pay to the other any type of child support payment, but that the parties will continue to not only co-parent the children, but wife will continue to be primarily financially responsible for the minor children. Husband and wife hereby acknowledge that if they are unable to continue to co-parent the minor children, that an action may be filed with the Domestic Relations Office in the appropriate jurisdiction to determine whether or not child support should be paid by either parent. 13. WAIVER OF RIGHTS The parties hereto fully understand their rights under and pursuant to the Divorce Code, Act of 1980, No. 1980-26, as amended February 12, 1998, particularly the provisions for alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property Initials~ 11 0tJl, Initials (L 1-' under the said law and the parties hereby waive, release and forever relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. 14. WAIVER OR MODIFICATION TO BE IN WRITING A modification or waiver of any of the terms of this Agreement shall be effective only if in writing, signed by both parties, and executed with the same formality as this Agreement. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 15. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all future instruments and/or documents that the other party may reasonably require for that purpose of giving full force and effect to the provisions of the Agreement. 16. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective legatees, devises, heirs, executors, administrators, successors, and assigns in the interest of the parties. Initial~ 12 ,/1 (b Initials rrZl 17. BREACH If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for payment of attorneys fees and all costs incurred by the other in enforcing his or her rights under this Agreement. 18. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 19. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs/provisions and sub-paragraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 20. DIVORCE The parties hereto acknowledge that their marriage is irretrievably broken. The parties further agree to execute the necessary Affidavits of Consent and Waiver of Counseling, and Waiver of Notice of Intent to Request Entry of Divorce Decree upon request so that the divorce may become finalized. The parties further Initials~ 13 Initials tit? agree and acknowledge that this Property Settlement Agreement shall be incorporated into said Decree in Divorce; however, shall not merge therewith. 21. IRREVOCABILITY It is understood and agreed to by and between the respective parties thereto that the property division - distribution affected by the herein agreement is IRREVOCABLE and that such division - distribution shall not be affected by any change of circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current, or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current, or future laws or case decisions. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ~1n~~. (( 0- ~ r ~e~ KEVIN R. BEN EL (SEAL) Initials~ 14 Initials tv2b COMMONWEAL TH OF PENNSYL VANIA J.{Jat4)L?~ , .' I On this, the S;:.../ day of f€~Lt/{.:,~ o Public, the undersigned officer, personally appeared DEANETT E. FLEMING- COUNTY OF , 2006, before me, a Notary BENTZEL, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. r.,I[y CommissIOn Expir NOTARIAL SEAt DEBRA A. F1KE, NOTARY PUBLIC . CITY OF HARRISBURG, DAUPHIN CO. . MY COMMI<:5IflN I-lCPIRf!\ OCT 14, 2009 : j' () ~~j:ci,,- Notary Public COMMONWEAL TH F PENNSYL VANIA COUNTY OF . -z Ie..! /; d' On thIS, thec:7 day of l t{c/:;'CL~r-- , 2006, before me, a Notary () Public, the undersigned officer, personally appeared KEVIN R. BENTZEL, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. '~'. ,,, ~ ~:TNESSWHEREOF, I have hereunto setm:~and and of41 seal. ]\.).1' vommlS",lOn expIr s. t4OTA~IAI SEAL~cd~c- c? '#~ -, (}fBRA A, f1KE NOTARY PUBUC ! P bl" L C/1Y OF HAR.RISB. 'URG IlAUPHIN co tary u IC MY rfl\ll~"'~SION [X~~~_~ OCI 24, 20'09 ~:?' (-; ~ "...~;) 't~;~ tj) [.'71 ~) o .1 .-1 f[;:n ~-n ::~C) ~~~~. S:'\ ~~;:', ~.~ ( \ ':.:-':', -~ ::;',:~ :< r"J Q-' ""r"'J~ ::. 1--~ - - r,) o DEANETT E. FLEMING-BENTZEL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA VS. No. 2006 - 3145 Civil Term KEVIN R. BENTZEL Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on June 1, 2006. 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 in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. S4904, relating to unsworn falsification to authorities. Date: g l15\ Olo o ~.; -rJ '.~' rt'~ :' .- / ij:; ;~, \<:" ..~;i~ .-;/ ~:'::i -~ ~ = = CJ'"' ~ " , -.0 N ~ o -n .-4 :c, :n \lr: -at!:! -.:JY '-) J.. .~:~ ~f; ';~Pl ':::::{ ?n ~ ~ - - ., N o -- DEANETT E. FLEMING-BENTZEL Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. No. 2006- 3145 Civil Term KEVIN R. BENTZEL, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 330 I (c) of the Divorce Code was filed on June 1, 2006, 2006. 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 in Divorce after service of notice of intention to request entry of the decree. I verity that the statements made in this Affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: qJISJO{, Keb!e~ant () c S. "tJ t:r ~,-~ i" ' '~t. ~7' . .-'. :..-c: ~~~;.' (~:-' >C~ 2; -./ -" ....., = = CT' (/) ....i -0 N <J" ;t""" -rY"'O' ~;... ~ ..-\ :r::n rn r-:: -0 p=\ ~.I!) 1: '.-' ( '\- );~~ ,:- in C) -I :P" :Q. - - N o DEANETT E. FLEMING-BENTZEL Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2006 - 3145 Civil Term KEVIN R. BENTZEL, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree 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 this Waiver 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 falsi fie tion to authorities. Date: q /5 00> r-:> = = 0.' (/) r"";'~1 V o --n ~-n n'F -n fll ~i~ ',::-;\ ~ ~ "'.. <T. ~ ...;- N C) DEANETT E. FLEMING-BENTZEL Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2006 - 3145 Civil Term KEVIN R. BENTZEL, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree 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 this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Date: C.S. S4904 relating to unsworn falsification to authorities. _~i~\ Kevin R. Bentzel, De endant qJ/~/o& ,. , -0 i-- n~i :-';"/ - ~l o ~ <-""'.. r-:> = = 0'"' ~ ~ ; I -0 r"-' CJl \.. ., ,,-.. I :;;~ ~.~ "":":1 ~ :P ~ - - .. o 11 -l :I:-n rn;= ::28 :~\ ~~ : ... '~r'l ) ("'; .-.:...-: '"\'::1 :-)' - 1 :r;. ~ N C> -- DEANETTE E. FLEMING-BENTZEL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA VS. No. 2006-3145 Civil Term KEVIN R. BENTZEL, Defendant CIVIL ACTION - LAW 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: Irretrievably broken under Section (X) 330 1 (c) or ( ) 3301 (d) of the Divorce Code. (Check applicable section) 2. Date and manner of service of the Complaint in Divorce: By certified mail on June 10, 2006. 3. [Complete either Paragraph (a) or (b).] (a) Date of execution of Affidavit of Consent required by Section 3301(c) of the Divorce Code by Plaintiff, September 15,2006; by Defendant, September 15,2006. (b) Date of execution of Plaintiff s affidavit required by Section 3301 (d) of the Divorce Code: N/ A; Date of service of Plaintiff s affidavit upon Defendant: N/ A. 4. Date of service of Notice of Intent to Finalize under Section 330 1 (d) of the Divorce Code: N/A; 5. Date of filing of Waiver of Notice of Intent to Finalize by Plaintiff: September 25,2006; by Defendant: September 25,2006. 6. Related Claims Pending: None. Respectfully submitted, lane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, P A 17102 (717) 232-9724 LD. No. 71873 Date: September 25,2006 C) ~~ "T; r~ r-.::> g c;j'" (/) ,"<1 -0 N Q. :y,;. :J: - - o -n -I -:J:..,. f'i"1i .;~~), :{S,R! :::~ :~ ..-.. N LAW OFFICES OF DILS & DILS DIANE M, DILS, ESQUIRE Attorney I.D, No, 71873 1400 North Second Street, First Floor, Front Harrisburg, P A 17102 Telephone No, (717) 232-9724 Attorney for Plaintiff, Deanett E, Fleming-Bentzel DEANETT E, FLEMING-BENTZEL, Plaintiff o IN THE COURT OF C MMON PLEAS CUMBERLAND CO TY, PENNSYL VANIA vs, KEVIN R. BENTZEL, Defendant CIVIL ACTION - LA IN DIVORCE Civil Term NOTICE TO DEFEND AND CLAIM GHTS YOU HAVE BEEN SUED IN COURT, If you wi h to defend against the claims set forth in the following pages, you must take p ompt action. You are warned that if you fail to do so, the case may be entered a ainst you for any other claim or relief requested in these papers by the Plaintiff. ou may lose money or property or other rights important to you, including custo y or visitation of your children. When the ground for the divorce is indignities or irr trievable breakdown of the marriage, you may request marriage counseling. A lis of marriage counselors is available in the Office of the Prothonotary of Cumberla d County, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pe sylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIV SION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVOR E OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CL 1M ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA YER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANN AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FO TH BELOW TO FIND OUT WHERE YOU CAN GET LEG L HELP, Cumberland County Bar Associatio 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 1-800-990-9108 DEANETT E. FLEMING-BENTZEL, Plaintiff IN THE COURT OF C MMON PLEAS CUMBERLAND CO TY, PENNSYL VANIA vs, No, 2006 - 3 J '/r KEVIN R. BENTZEL, Defendant CIVIL ACTION - LA IN DIVORCE COMPLAINT IN DIVORCE UNDER SEC OF THE DIVORCE CODE Civil Term 1, The Plaintiff is Deanett E. Fleming-Bentzel, an adult individual whose current address is 1420 Timber Brook Drive, Mec anicsburg, Cumberland County, Pennsylvania 17050, and whose social se urity number is 161-64- 2689, 2. The Defendant, Kevin R. Bentzel, is an adult i dividual, whose current address is 1420 Timber Brook Drive, Mechanicsb rg, Cumberland County, Pennsylvania 17050, and whose social security num er is 198-42-6627. 3. Plaintiff and Defendant were married on June 2 , 1998, in Ocho Rios, Jamaica. 4, Plaintiff and Defendant have resided in the Comm nwealth of Pennsylvania for a period of at least six (6) months prior to this fi ing. 5, Defendant is not a member of the Armed Services fthe United States or its allies. 6. Plaintiff is a citizen of the United States and Defe dant is a citizen of the United States. 7. There has been no prior action for divorce filed in a y jurisdiction, 8, Plaintiff has been advised of the availability of m 'age counseling, and has waived said right. 9. There is one minor child born of the marriage; nam ly: Cameron B. Bentzel, born January 5, 2000, 10. Plaintiff avers that the grounds on which thi action IS based are: (a) That the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests your onorable Court to grant a Decree in Divorce. tU- iane M. Dil , Esquire 1400 North S cond Street First Floor, Font Harrisburg, P 17102 (717) 232-97 4 LD, No, 718 3 DatJ/3! /~ (; VERIFICA TION I verify that the statements made in this omplaint in Divorce Under Section 330 I (c) of the Divorce Code are true and correct. I understand that false statements herein are made s bject to the penalties of 18 Pa. C.S. Section 4904 relating to uns om falsification to authorities. Date: May 31. 2006 /C) (:) 1:.9- t ^ "- I::\:- ...() 0- r-> () = ~ ~ Y0 8 c ~ ~~ (;) () ,- :1 ~ :;; rn:D ~ ~ ,- If'- -u I -ntD r - ;~~l,'t,~ f -G :~;-):b ,>;.Ci _"~ rt1 ~ .t:- C) .."", ~ ~~ 0:> ~ '0 ( . LAW OFFICES OF DILS & DILS DIANE M, DILS, ESQUIRE Attorney I.D, No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No, (717) 232-9724 Attorney for Plaintiff, Deanett E, Fleming-Bentzel IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DEANETT E, FLEMING-BENTZEL, Plaintiff vs, No, 2006-3145 Civil Term KEVIN R, BENTZEL, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public, in and for said Commonwealth and County, Diane M, Dils, Esquire, who being duly sworn deposes and says that a true and correct copy of the Complaint in Divorce Under Section 3301(c) of the Divorce Code has been served upon the Defendant, Kevin R. Bentzel, 1420 Timber Brook Drive, Mechanicsburg, Pennsylvania, 17050, by First Class, United States Mail, Restricted Delivery, Certified No. 7005 3110 0004 3213 4176, . Attached hereto is the return receipt card executed by Kevin Bentzel, dated June 10,2006, evidencing receipt of the same. Sworn and subscribed to before me this / y/L day Of_4-~ ,2006. i~,{? ~ ". . Notal)' public 0TARIAl SEAl. llbMA. mE. NaIARY PU8UC (JrY Of /MllIlISIlUaG, lMIIl'lUII co. MYClIIlIIIlSIItlIl EXPtRD ocr. 24. 20lII r _ . Complete Items 1, 2, and 3. Also complete Ilem 4 ~ Restricted Delivery Is desired, . Print your nome and edd...... on the reverse ., that we can retum the card to you, . Attach this card to the baCk of the maJlplece, . or on the front If space permits. ~., 2. ArtIcJe Number ~-........ PS Form 3811, ~ 2004 o Agent o Add_ C, Dsle of De'-Y DYes DNa 3,~ <<~ o Insured MsII [J C,O,O, 4, __ DsIIVSl)'? {Exlra Feel Yes 7005 3110 0004 3213 4176 DorneIttc Retum ReoeIIpt 1Q11115.(l2-M.114O . ~ .-~ So. -ocr) rrll: -7 ..~ 7f~. u: ?~2 '.",. C':"~_, _,_' <- 1E i~~ >c "7 - "'''';Ii;+; ;Ii ,.,,., ;Ii ;+; ,.,,., ;Ii"'~"'~ ~ ;+;"'''''''''';Ii;li;li;li~~;Ii'''~~~~'''~'''~'''''''''~~;Ii;+;~~;Ii ~~,.,~~~~,.,~~~~~~~~ if. if. if. if. if. ;Ii if. ,., Of Of Of if. ,., Of ;Ii ,., ,., ,., ~ ,., ,., ;Ii ,., ,., IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. DEANETT E. FLEMING-BENTZELt Plaintiff No. 2006-3145 VERSUS KEVIN R. BENTZELt Defendant DECREE IN DIVORCE AND NOW, () t:, J-;'j h.o.. " 2006 , IT IS ORDERED AND DECREED THAT DEANETT E. FLEMING-BENTZEL , PLAI NTI FF, AND KEVIN R. BENTZEL , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN TH IS ACTION FOR WH ICH A FI NAL ORDER HAS NOT YET BEEN ENTERED; See Property Settlement Agreement attached hereto. J. PROTHONOTARY ;Ii ;Ii!f. !f.!f. !f. ,., ,., !f.;Ii!f.Of~~;+;!f.~~!f.~~!f.~!f.~~~!f.~~~~~!f.!f."'~!f.;Ii ~Of pip f?~ ~ tJil- 1/ - 01 r!Y p~ ~~-PJ '}O- 1/-01 .... .. '".. " , '0' t " '" --.,' ~ ...~ LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney J.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, P A 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Deanett E. Fleming-Bentzel DEANETT E. FLEMING-BENTZEL. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. No. 06-3145 Civil Term KEVIN R. BENTZEL, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this ,,.. day of o en L....s-' , 2006, upon presentation and consideration of the within Agreement, it is hereby ORDERED that the Agreement attached hereto is incorporated herein and made an Order of this Court; said Agreement dated August 3, 2006. BY THE COURT: Distribution: Diane M. Dils, Esquire, 1400 North Se nd Street, Harrisburg, PA 17102 J. -~:/~~ mfr~~~n 10" 11.~ ?O- Jj-r/I l p. ^-L~ ",-fln8 92 : II tlV 6- 1JO gaOl Ai:ftllOiL:, ,.' '] :JHl :30 :;-Cl:Jll:.! -r- DEANETT E. FLEMING-BENTZEL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSyfL VANIA VS. NO. 2006 -3145 KEVIN R. BENTZEL, Defendant CIVIL ACTION - LA W DIVORCE AFFIDAVIT OF INTENTION TO RESUME MAIDEN NA~ COMMONWEAL TH OF PENNSYL VANIA COUNTY OF CUMBERLAND Deanett E. Fleming-Bentzel ~, to be known ~s Mtt P. :tv TV- 'B Deanett E. Fleming , 2007. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAl SEAL . EGG, Notary Public Silver Spring Twp., Cumberland County My Commission Expires Feb. 29, 2008 ~ ~~ ..c ...3 """" = = ........ :P" -0 :;'0 ~ ~ ::t:..,. r1if--:; -urn )~rT ~,~";:~ j;~ ~~ ?f. --1 ~ I \.D :s ..;.~ ~ U1 -.J