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HomeMy WebLinkAbout06-4006JOHN M. REITZEL, vs. NANCY H. REITZEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. (S(p - "T two Defendant CIVIL ACTION - LAW DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS (Z:-? You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800)990-9108 or(717)249-3166 JOHN M. REITZEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA vs. / : NO. Ol. - '?/OOG l t> t lam' NANCY H. REITZEL, Defendant C17VIL ACTION -LAW DIVORCE COUNTI COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is John M. Reitzel, who currently resides at 521 Orchard Lane, Camp Hill, Cumberland County, PA 17011 and has so resided since March 1997. 2. Defendant is Nancy H. Reitzel, who currently resides at 521 Orchard Lane, Camp Hill, Cumberland County, PA 17011 and has so resided since March 1997. 3. Both Defendant and Plaintiff have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 7, 1985 at Richmond, Virginia. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The parties have been separated at least as early as the filing of this complaint. 8. 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. WHEREFORE, Plaintiff requests the Court enter a Decree of Divorce. COUNT II REQUEST FOR DIVORCE DUE TO IRRETRIEVABLE BREAKDOWN UNDER 3301(d) OF THE DIVORCE CODE 9. Paragraphs I through 8 are incorporated herein by reference. 10. The marriage of the parties is irretrievably broken. 11. In the event a Divorce by consent is not earlier entered into, after two (2) years have elapsed from the date of separation, Plaintiff intends to file his Affidavit of having lived separate and apart for at least 2 years. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the Court require the parties to participate in such counseling. WHEREFORE, once two (2) years have elapsed from the date of separation and Plaintiff has filed his Affidavit, Plaintiff respectfully requests that the Court enter a Decree of Divorce, pursuant to Section 3301(d) of the Divorce Code. YOFFE & YOFFE, P. C. By M?ZA WZ effrey N. Yoffe, Esq. Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Complaint are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Dated: J J L Y D O (o 'k, ? ' / J . Reitzel d E JOHN M. REITZEL, Plaintiff V. NANCY H. REITZEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06 - 4006 CIVIL TERM CIVIL ACTION - LAW DIVORCE NOTICE TO PLEAD TO: John M. Reitzel, through his attorney, Jeffrey N. Yoffe, Esquire YOU ARE HEREBY NOTIFIED to plead to the within Counterclaim within twenty (20) days from service hereof, or a default judgment may be entered against you. WIX, WENGER & WEIDNER By: David R. Getz, Esquire Attorney I.D. #34838 Jeffrey C. Clark, Esquire Attorney I.D. # 89277 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendant DATE: C'( I? + JOHN M. REITZEL, Plaintiff V. NANCY H. REITZEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 4006 CIVIL TERM : CIVIL ACTION - LAW DIVORCE ANSWER TO COMPLAINT AND COUNTERCLAIM AND NOW, comes the Defendant, Nancy H. Reitzel, by and through her attorneys, Wix, Wenger & Weidner, and files the within Answer to Complaint and Counterclaim in the above matter, as follows: COUNT I COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. The averments in this paragraph contain conclusions of law to which no respons ive pleading is required. 7. Denied. The parties were not separated prior to the date of the Complaint. The parties continue to reside in the same residence with one of their children. 8. Admitted. WHEREFORE, the Defendant requests that the Court deny a Decree in Divorce under Section 3301(c) of the Divorce Code, unless Defendant signs the requisite Waiver and Consent. COUNT II REQUEST FOR DIVORCE DUE TO IRRETRIEVABLE BREAKDOWN UNDER 3301(d) OF THE DIVORCE CODE 9. No response required. 10. The averments in this paragraph contain conclusions of law to which no responsive pleading is required. 11. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 11 and therefore, the same are therefore denied. 12. Admitted. WHEREFORE, Defendant requests that the Court not enter a Decree in Divorce until the issues raised in the Counterclaim are resolved. COUNTERCLAIM 13. Plaintiff has filed a Complaint in Divorce under two different counts of the Divorce Code. 14. During the marriage, the Plaintiff and Defendant have acquired various items of marital property, both real and personal, both of which are subject to equitable distribution under Section 3501 of the Divorce Code. 15. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property as of the date of this pleading. WHEREFORE, Defendant requests that this Honorable Court enter a Decree for equitable distribution pursuant to Section 3501 of the Divorce Code. Respectfully submitted, WIX, WENGER & WEIDNER By: David R. Getz, Esquire Attorney I.D. #34838 Jeffrey C. Clark, Esquire Attorney I.D. # 89277 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendant iq DATED: October*, 2006 VERIFICATION I, Nancy H. Reitzel, Defendant in the foregoing Answer, have read the foregoing Answer and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. I- A xla4t" W, ?? Na cy . Reitzel, a ndant DATED: // 0 dfLu?, 2006 JOHN M. REITZEL, Plaintiff V. NANCY H. REITZEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 4006 CIVIL TERM : CIVIL ACTION - LAW DIVORCE CERTIFICATE OF SERVICE I hereby certify that the foregoing Answer to Complaint and Counterclaim was sent by first class, postage prepaid mail/hand delivered this day to the following: Jeffrey N. Yoffee, Esquire 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 WIX, WENGER & WEIDNER i Zze- 2" A Z:C-)-- By: David R. Getz, Esquire Jeffrey C. Clark, Esquire 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 DATE: (/'C( v r co C-n -? cr5 JOHN M. REITZEL, VS. NANCY H. REITZEL, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4006 CIVIL ACTION -LAW DIVORCE INVENTORY OF JOHN M. REITZEL JOHN M. REITZEL files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. ASSETS OF THE PARTIES JOHN M. REITZEL marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. () 1. Real property None (X) 2. Motor vehicles 1992 Pontiac Grand Prix 2006 Saturn () 3. Stocks, bonds, securities and options None () 4. Certificates of deposit None (X) 5. Checking accounts, cash $1,280.06 as of July 14, 2006 (X) 6. Savings accounts, money market and savings certificates Page 1 of 8 Approximately $100 (X) 7. Contents of safe deposit boxes John's Will and Life Insurance documents Nancy's Life Insurance Bonds for Emily's college which are in Emily's name John, Matt and Emily's birth certificates John's Service DD-214's Numerous family pictures and family videos on VHS tape, Hi 8 tape, cds and dvds Baseball cards that are being saved for Matt, Emily and their children ( ) 8. Trusts None (X) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) John's Whole Life: Face value approximately $9,000.00 Nancy and children are current beneficiaries Nancy's Whole Life: Face value approximately $9,000.00 John and children are current beneficiaries. () 10. Annuities None (X) 11. Gifts Cane, watches, pictures, beer steins, decorative crystal hanging ornament. ( ) 12. Inheritances None ( ) 13. Patents, copyrights, inventions, royalties Page 2 of 8 None ( ) 14. Personal property outside the home None ( ) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) None (X) 16. Employment termination benefits--severance pay, worker's compensation claim/award November 13, 2006 - Social Security Disability payments stopped. ( ) 17. Profit sharing plans None ( ) 18. Pension plans (indicate employee contribution and date plan vests) None (X) 19. Retirement plans, Individual Retirement Accounts Approximately $3,500.00 (X) 20. Disability payments Social Security disability stopped in November 2006 but there were overpayments of approximately $4,197.00 as of March 17, 2008 for the benefit of Matthew P. Reitzel, $14,598.00 as of October 19, 2007 for the benefit of Emily L. Reitzel and $39,232.40 as of October 19, 2007 for the benefit of John M. Reitzel. ( ) 21. Litigation claims (matured and unmatured) None () 22. MilitaryN.A. benefits None () 23. Education benefits None ( ) 24. Debts due, including loans, mortgages held Page 3 of 8 (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute). Nothing of any significant value other than a piano worth between $2,500.00 and $3,000.00. ( ) 26. Other MARITAL PROPERTY JOHN M. REITZEL lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number Description Of Property Names Of All Owners 1 1" floor desk John 2 Queen master bed Nancy & John 3 Bedroom desk John 4 4 bookshelves John 5 Upstairs computer and monitor John 6 Dresser John 7 Cedar chest John 8 Clothes, coats, jackets, hats and shoes John 9 Two-drawer filing cabinet John 10 Two oval cherry end tables John 11 Cd and Dvd storage cabinet, bookcases and file cabinets John P2--?: Tele hone high le table John Page 4 of 8 13 is floor computer and monitor John 14 HP printers, bedroom and 1 S` floor John 15 All books John 16 All cds, dvds and records John 17 32" Panasonic TV John 18 DVD, DVD Recorder and VCR player John 19 Component Stereo System, consisting of record player, Yamaha Stereo Receiver and CD player, Sony dual deck tape player, 4 stereo speakers stereo and speakers areapproximately 19 ears old John 20 Recliner John 21 Magazine rack John 22 Dining room table John 23 Half of all Lenox China Nancy & John 24 Half of all silver lace settings, if things are disputed Nanc , John 25 Yamaha Piano value Nancy 26 Half of all the crystal, if things are disputed Nancy & John 27 Half of all the German Christmas Ornaments Nancy & John 28 3 air purifiers John 29 Video and digital cameras John 30 Camping tent and camping supplies John 31 2002 Grand Prix (After commencement of action, the Grand Prix was totaled and John Reitzel purchased a Chevy Impala) John 32 2006 Saturn Nancy 33 Video and Digital Cameras Page 5 of 8 34 Some German steins Nancy & John NON-MARITAL PROPERTY JOHN M. REITZEL lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Number Description Of Property Reason For Exclusion 1 Baseball cards for Matthew and Emil The belong to the kids. 2 Emily's Computer (Emily's computer is Emily's computer) The computer belongs to Emil 3 Some German steins Belonged To John Before Marriage PROPERTY TRANSFERRED FROM EITHER YOU OR YOUR SPOUSE TO ANOTHER Item Description Of Date Of Person To Page 6 of 8 Number Property Transfer Consideration Whom Transferred 1 2 3 4 LIABILITIES OF EITHER YOU OR YOUR SPOUSE Item Number Description Of Property Names Of All Creditors Names Of All Debtors 1 Social Security Disability overpayments or a roximatel $58,027. Social Security John 2 Grand Prix car loan Sovereign Bank John 3 Saturn car loan Nancy 3 Us Airways Credit card approx. $300.00 US Airways John 4 Orchard Bank Credit card approx. $1 Orchard Bank John 5 Medical bill Holy Spirit John YOFFE & YOFFE, P.C. By Jeffrey . Yoffe, squire Attorney for John M. Reitzel 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net Page 7 of 8 JOHN M. REITZEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 064006 NANCY H. REITZEL, Defendant : CIVIL ACTION -LAW DIVORCE VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Inventory are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: Page 8 of 8 JOHN M. REITZEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-4006 NANCY H. REITZEL, Defendant CIVIL ACTION - LAW DIVORCE CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served the attached inventory on the below individual. Service was accomplished by mailing the same as follows: Wix, Wenger & Weidner Attn: David R. Getz 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 YOFFE & YOFFE, P.C. Date: May 8, 2009 BY 7 ey . Yoffe, squire Attorney for John M. Reitzel 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net FILED-0 T IGE QF THr* PRCT 'MOTARY 2409 MAY I I PIS 1: 0 3 "DUNTY JOHN M. REITZEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V No. 06-4006 CIVIL TERM NANCY H. REITZEL, Civil Action -Law Defendant In Divorce MARITAL SETTLEMENT AGREEMENT BETWEEN JOHN M. REITZEL AND NANCY H. REITZEL Page 1 of 22 TABLE OF CONTENTS INTRODUCTION .............................. .......................3 SECTION I General Provisions ............................ ..........................4 SECTION II Property Distribution Provisions ........................................... 12 SECTION III Alimony, Spousal Support, Counsel Fees, And Health Insurance ........... ........................................ 19 SECTION IV Closing Provisions and Execution .......................................... 21 Page 2 of 22 INTRODUCTION THIS AGREEMENT made this day of (J b&-r- 2009, by and between JOHN M. REITZEL ("HUSBAND") and NANCY H. REITZEL ("WIFE") WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on December 7, 1985 in Richmond, Virginia and separated on July 14, 2006. WHEREAS, there were two children born of this marriage named Matthew P. Reitzel (04/27/1988) and Emily L Reitzel (03/12/1991). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, 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 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 Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the promises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: Page 3 of 22 SECTION I GENERAL PROVISIONS 1. INCORPORATION OF PREAMBLE a. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS a. This Agreement shall not be considered to affect or bar the right of Husband and Wife to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. 3. DIVORCE DECREE a. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above captioned divorce action. Upon the execution of this Agreement, or as soon as possible under the terms of said Divorce Code if said documents cannot be signed upon the execution of this Agreement, the parties shall execute and file all documents and papers including affidavits of consent, necessary to finalize said divorce. If either party fails or refuses to finalize said divorce or execute and file the documents necessary to finalize the divorce, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement 4. EFFECT OF DIVORCE DECREE a. Unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. Page 4 of 22 5. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE a. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 6. NON-MERGER a. This Agreement shall not merge with the Divorce rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as a result of the aforesaid incorporation or as otherwise provided by law or statute. 7. DATE OF EXECUTION a. The "date of execution", "execution date' or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. 8. DISTRIBUTION DATE a. The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 9. ADVICE OF COUNSEL a. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, David R. Getz, Esq., for Wife and Jeffrey N. Yoffe, Esq. for Husband. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Page 5 of 22 10. FINANCIAL DISCLOSURE a. 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 and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. 11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS a. Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a Court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. b. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. c. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: i. Inventory: The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code. ii. Income and expense Statement: The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of Court. W. Discovery: The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Page 6 of 22 Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the Court. iv. Determination of Marital and Non-Marital Property: The right to have the Court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Court determines to be marital. v. Other Rights and Remedies: The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. 12. PERSONAL RIGHTS a. Husband and Wife may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully 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 or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 13. MUTUAL RELEASES a. Each party absolutely and unconditionally releases the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code. b. Each party absolutely and unconditionally releases the other and his or her heirs, executors and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate Page 7 of 22 laws, or the right to take against the spouse's will, or the right to treat a life time 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 Pennsylvania, any state, Commonwealth, or territory of the United States or any other country. c. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. d. The foregoing shall not apply to 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 obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 14. WAIVER OR MODIFICATION TO BE IN WRITING a. 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. 15. MUTUAL COOPERATION a. 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 further instruments and/or document that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 16. AGREEMENT BINDING ON HEIRS a. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. Page 8 of 22 17. INTEGRATION a. 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. 18. OTHER DOCUMENTATION a. Wife and Husband covenant and agree that they will forthwith (and within at least twenty (20) days after demand for the same) execute any and all written instruments, assignments releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 19. NO WAIVER OF DEFAULT a. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either parry to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party thereafter to enforce the same. The waiver of any default of any of the provisions of this agreement shall not be construed as a waiver of strict performance of any other obligations herein. 20. BREACH a. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: L Specific Performance: The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. ii. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing the Page 9 of 22 damage action. iii. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. §3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. iv. Other Remedies: Any other remedies provided for in law or in equity. 21. LAW OF PENNSYLVANIA APPLICABLE a. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 22. SEVERABILITY a. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall remain valid and continue in full force, effect and operation. Likewise, the failure of either party to meet his or her obligations under this Agreement under any one or more of the paragraphs hereunder, with the exception of the satisfaction of a condition precedent, shall in no way avoid or alter the remaining obligations of the parties. 23. HEADINGS NOT PART OF AGREEMENT a. Any headings preceding the text of the several paragraphs and subparagraphs 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. 24. INCOME TAX MATTERS a. With respect to income tax matters regarding the parties the following shall apply: i. Prior Returns: The parties have heretofore filed joint federal and state returns. With the exception of tax liabilities or social security disability payback liabilities referenced elsewhere in this agreement, both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will be liable to pay 50% of any such tax deficiency. Page 10 of 22 ii. Current Returns: The parties shall file separate, individual federal and state Income tax returns for the calendar year 2009 and all years thereafter. iii. Income Tax Exemption: For all years that they are available, Wife shall be able to take the income tax exemption for Matthew Reitzel and Husband shall be able to take the income tax exemption for Emily Reitzel. Husband and wife agree to promptly sign and return to the other any Internal Revenue Service documents to this effect. In future years, this subparagraph can be modified by either party signing the appropriate Internal Revenue Service form (currently form 8332) effectively granting to the other party the exemption for the child. Notwithstanding anything in this sub-paragraph to the contrary, for any tax year in which Husband gets an exemption for Emily but Wife does not get an exemption for Matthew, within 60 days of the April due date for filing the Federal income tax return, or the date (because of extensions) the return is actually due to be filed, Husband shall pay to Wife 50% of the amount by which his tax liability is reduced because of taking an exemption for Emily. 25. PRESERVATION OF RECORDS a. Each party will keep and preserve for a period of four (4) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 26. MANNER OF GIVING NOTICE a. Any notice required by this Agreement shall be sent to a party at his or her last known address, or such other address as that party may from time to time designate. 27. EFFECT OF RECONCILIATION a. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Page 11 of 22 SECTION II PROPERTY DISTRIBUTION PROVISIONS 28. FINAL EQUITABLE DISTRIBUTION OF PROPERTY a. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 29. AFTER-ACQUIRED PROPERTY a. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since July 14, 2006, the date of the parties' marital separation, with full power in him or her to dispose of the same as fully and effectively in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. 30. WAIVER OF INHERITANCE a. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. 31. PERSONAL PROPERTY a. Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, the following: jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property"). Hereafter Wife agrees that all of the Personal Property in the Page 12 of 22 possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the Personal Property in the possession of Wife shall be the sole and separate property of Wife. b. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the Personal Property which shall become the sole and separate property of the other. c. Nothwithstanding anything in the two preceding sub-paragraphs to the contrary, Husband shall take possession and become the sole owner of the following personal property: 1 st floor desk, Bedroom roll top desk. 4 bookshelves, Upstairs computer and monitor, Cedar chest, Dresser, Husband's Clothes, coats, jackets, hats and shoes, Two-and four drawer filing cabinets, Two oval cherry end tables, CD and DVD storage cabinet, bookcases and file Cabinets, High leg table, 1st floor computer and monitor, Two HP printers, Husband's Books, Husband's CD's, Husband's DVD's, Husband's records, 32" Panasonic TV, DVD Recorder, CD and Cassette player and two other speakers, Magazine rack, Half of the German Christmas ornaments, Two air purifiers. Video and digital cameras, Camping tent and camping supplies, German steins, 1 Fan, Exercise bike, Old Nordic track, Small fridge, Husband's baseball cards, trains, guns and fishing gear. Wife shall take possession and become the sole owner of the following personal property: All of the beds, including but not limited to the Queen master and all other bedroom furniture, Large dresser with mirror, Wife's books, Wife's music, Record player, Receiver and two speakers, Large sofa, Small sofa, Rocking chair, Coffee table, Heart shaped end table, Telephone table, Lenox China, Silver place settings, Crystal, Yamaha Piano, Half of all the German Christmas Ornaments, Two air purifiers, Chinese rug, All remaining furniture, Kitchen fridge. Wife's flutes and musical instruments, Sewing machine, Mixer, Kitchen pie safe, Kitchen fixtures, Dining room china closet, All the lamps, Wife's figurines, Living room mirror, Sofa, Round end table, Small sofa, Rocking chair, Coffee table Art work, Sweepers, Washing machine, Dryer, Freezer, Wife's baskets, Canning supplies and Basement furniture. The children shall take possession of and become the sole owners of the furniture they are currently using Page 13 of 22 in their bedrooms. 32. VEHICLES. BOATS AND THE LIKE a. With respect to the vehicles, boats, snowmobiles, motorcycles and the like owned by one or both of the parties, the parties agree as follows: i. Wife's Vehicle: The 2006 Saturn shall be the sole and separate property of Wife. ii. Husband's Vehicle: The 2003 Chevy Impala shall be the sole and separate property of Husband. iii. Identification: Identification of a Vehicle herein shall include not only the Vehicle, but also the sale or trade-in value thereof if it had been sold or traded in prior to the date of this Agreement. iv. Transfer of Titles: The titles to the Vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. v. Title and Power of Attorney: For purposes of this Paragraph the term -title" shall be deemed to include "power of attorney,, if the title to the Vehicle is unavailable due to financing arrangements or otherwise vi. Liens: In the event any Vehicle is subject to a lien or encumbrance the party receiving the Vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. vii. Waiver: Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the Vehicles that shall become the sole and separate property of the other party pursuant to the terms of this Paragraph. 33. REAL ESTATE a. Husband and Wife do not own any real estate. b. Husband agrees to move out of the marital residence (521 Old Orchard Lane, Camp Hill, PA 17011 within 30 days of the parties signing this agreement. Page 14 of 22 c. After the signing of this agreement, Wife shall be solely liable to pay all utilities and other expenses (i.e. water, sewer, gas, electric, trash, cable, fios, etc.) associated with living at 521 Old Orchard Lane, Camp Hill, PA 17011. Wife shall cooperate fully and in good faith in removing Husband's name from these utilities and expenses. d. Husband waives and renounces any and all interest that he has in the marital residence pursuant to a Co-Tenancy Agreement and a Lease Agreement, as the same have been amended from time to time. Husband further waives and renounces any and all equity that may exist in the marital residence pursuant to either agreement. 34. RETIREMENT AND PENSION PLANS a. Each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or other retirement type plans of the other party whether acquired through said party's employment or otherwise. Hereafter the Retirement Plans shall become the sole and separate property of the party in whose name or through whose employment said plan or account is held or carried. If either party withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. 35. BANK ACCOUNTS AND OTHER ASSETS a. The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, bonds, shares of stock and investment plans, if any. Hereafter Wife agrees that all the Accounts held in the name of Husband shall become the sole and separate property of Husband; and Husband agrees that all the Accounts held in the name of Wife shall become the sole and separate property of Wife. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in the Accounts that are to become the sole Page 15 of 22 and separate property of the other pursuant to the terms hereof. 36. TAX PROVISIONS a. The parties believe and agree that the division of property made pursuant to the terms of this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this paragraph on his or her applicable federal or state income tax returns. 37. WIFE'S DEBTS a. Wife represents and warrants to Husband that she will not contract or incur any debt or liability after the execution of this Agreement for which Husband or his estate might be responsible. Wife shall be responsible for paying 100% of any debt incurred which is related to the providing to her of necessaries and for which Husband could also be liable. Wife shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 38. HUSBAND'S DEBTS a. Husband represents and warrants to Wife that he will not contract or incur any debt or liability after the execution of this Agreement for which Wife or her estate might be responsible. Husband shall be responsible for paying 100% of any debt incurred which is related to the providing to him of necessaries and for which Wife could also be liable. Husband shall indemnity and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 39. MARITAL DEBT a. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and it is hereby agreed, without ascertaining for what purpose and to whose use each of the Marital Debts were incurred, as follows: i. Wife's Debts: Wife shall be solely responsible for the following bills and debts: Page 16 of 22 1. Any vehicle loan for Wife's 2006 Saturn; 2. Wife will not be responsible of any debt which might be owed to the Social Security Administration as a result of overpayments of Social Security Disability payments previously made for the benefit of Matthew P.Reitzel, Emily L. Reitzel or John M. Reitzel. Wife shall not be required to make any repayments to the Social Security Administration. 3. Beginning with the first day of the first full month following the signing of this agreement by both parties, $60.00 per month on the 2005, 2006, 2007, and 2008 Federal Income Tax Debt in the amount of $6,705.90 plus penalties and interest provided by law payable to the Internal Revenue Service until that debt is paid in full. Wife shall be responsible to pay one half of this tax liability, or $3352.95, plus one half of penalties and interest provided by law. Wife shall not be required to make any payments pursuant to this paragraph during any such time as she becomes physically disabled and such disability renders her substantially unable to work. In the event of such disability, Wife's liability shall not be reduced but the time when she needs to make payments will be deferred. Wife repayment shall be suspended for any time when Husband fails to pay alimony to Wife as provided herein; and 4. Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife's sole name, and not otherwise provided for herein. ii. Husband's Debts: Husband shall be solely responsible for the following bills and debts: 1. Any vehicle loan for Husband's 2003 Chevy Impala; 2. 100% of any debt which might be owed to the Social Security Administration as a result of overpayments of Social Security Disability payments previously made for the benefit of Matthew P. Reitzel, Emily L. Reitzel or John M. Reitzel. Husband shall not be required to make any payments pursuant to this paragraph during any such time as he becomes physically disabled and such Page 17 of 22 disability renders him substantially unable to work. In the event of such disability, Husband's liability shall not be reduced but the time when he needs to make payments will be deferred. 3. Beginning with the first day of the first full month following the signing of this agreement by both parties, $60.00 per month on the 2005, 2006, 2007, and 2008 Federal Income Tax Debt in the amount of $6,705.90 plus penalties and interest provided by law payable to the Internal Revenue Service until that debt is paid in full. Husband shall be responsible to pay one half of this tax liability, or $3352.95, plus one half of penalties and interest provided by law. Husband shall not be required to make any payments pursuant to this paragraph during any such time as he becomes physically disabled and such disability renders him substantially unable to work. In the event of such disability, Husband's liability shall not be reduced but the time when he needs to make payments will be deferred; 4. U.S. Airways credit card debt in Husband's name alone; 5. Medical Bill incurred by Husband at Holy Spirit hospital; 6. Orchard Bank credit card debt in Husband's name alone; and 7. Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name and not otherwise provided for herein. 8. Husband will continue to pay the undergraduate college expenses of Matthew and Emily. b. Indemnification: Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. c. Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. Page 18 of 22 d. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. e. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit card accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. 40. INDEMNIFICATION a. Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. SECTION III ALIMONY. SPOUSAL SUPPORT. COUNSEL FEES. AND HEALTH INSURANCE 41. ALIMONY AND SPOUSAL SUPPORT a. Subsequent to the signing of this agreement by the parties, Husband agrees to pay alimony in the amount of $1,000.00 per month to Wife for eighteen (18) months beginning on the first day of the first full month after the execution of this agreement. The parties hereto agree and do hereby waive any other right and/or claim they may have, both now and in the future, against the other for alimony pendente lite, spousal support and maintenance. Husband's obligation to pay alimony set forth herein terminates upon Wife's death, remarriage or cohabitation with a member of the opposite sex. b. Pursuant to 23 Pa.C.S.A. §3701(e), at any time, based upon financial circumstances of Husband which have changed for the worse due to no fault on the part of Husband and in spite of Husband's good faith efforts to take reasonable steps to maximize his income, Husband may file a petition with the appropriate Court for modification of his alimony obligations set forth above in paragraph Page 19 of 22 41(a). In the event such a petition is filed, and if the Court finds there to be a change in Husband's financial circumstances for the worse (due to no fault on the part of Husband and in spite of Husband's good faith efforts to take reasonable steps to maximize his income), the parties agree that Husband's alimony obligation can be modified by the Court to an amount which the Court finds to be equitable. 42. WAIVER OF COUNSEL FEES a. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for counsel fees, costs and expenses. 43. HEALTH INSURANCE a. For as long as Matthew is enrolled in undergraduate college and is under 23 years of age, if Husband has the ability to keep Matthew on Husband's medical, dental and vision insurance through Husband's employment, Husband will keep Matthew on Husband's medical, dental and vision insurance. b. For as long as Emily is enrolled in undergraduate college and is under 23 years of age, if Husband has the ability to keep Emily on Husband's medical, dental and vision insurance through Husband's employment, Husband will keep Emily on Husband's medical, dental and vision insurance. c. If Husband has the ability to keep Wife on Husband's medical, dental and vision insurance through Husband's employment, Husband will keep Wife on Husband's medical, dental and vision insurance for a period of no longer than two (2) years after the signing of this agreement by both parties. d. If Husband cannot keep Wife on Husband's medical, dental and vision insurance through Husband's employment, Husband will pay for a Health Insurance Plan that is mutually acceptable to both parties for a period of no longer than two (2) years after the signing of this agreement by both parties. e. Wife shall make good faith efforts to obtain employment with an employer that offers a health insurance plan. Should Wife obtain such employment, Wife agrees to enroll in said health insurance plan as soon as possible after beginning employment. Once Wife Page 20 of 22 has enrolled in a health insurance plan, Husband's obligation to provide health insurance under the Paragraph shall cease. Wife and Husband agree that Wife shall be responsible to pay any deductibles and copayments which may become due pursuant to the Health Insurance policy provided by Husband. SECTION IV BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement. WITNESS: YA4L)& (SEAL) Page 21 of 22 Nancy . Rei e COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this the 2, of OcNi el- , 2009 before me the undersigned officer, personally appeared, John M. Reitzel, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. COWXMWEALTH OF PENNSYLVANIA Notarad 800 Jeffrey N. Yaffe, Ncllary Prrbft East Pennaboro T E .. Cumbe fit' Counw LMy Camp xpbss 72i 2012 Member, Penn Vail a Associdon of Notaries e?4 A&L11 . 4 AR UBLIC My Commission Expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF DW,(WN On this the I- of Ab , 2009 before me the undersigned officer, personally appeared, Nancy H. Reitzel, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. COM AONWEALTH OF PENNSYLVANIA Notarial Seal Harva J. Owings-Baughman, Notary Public City of Harrisburg, Dauphin County My Commission Expires July 12, 2012 Member, Pennsylvania Association of Notaries NOTARY PUBLIC My Commission Expires: Page 22 of 22 OF TH Zile'NOV 12 P " 1 2: 1 ? V Li f Mf ? .. ,`?Y } 3 JOHN M. REITZEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V No. 06-4006 CIVIL TERM NANCY H. REITZEL, Civil Action -Law Defendant In Divorce AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on July 14, 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 herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: d G-r 2 $ d 8 W11 ohn eitzel FILED-OFI ICF- O E RR"',,;0y?OTARY 2009 NOV 12 PH 2: 12 JOHN M. REITZEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V No. 06-4006 CIVIL TERM NANCY H. REITZEL, Civil Action -Law Defendant In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST 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 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: ® ct- 2 Z? FILED- 01 "ICE )F THE Pr,,`T!- "'.JOTARY 2099 NOV 12 PH 2: 12 JOHN M. REITZEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V No. 06-4006 CIVIL TERM NANCY H. REITZEL, Civil Action -Law Defendant In Divorce AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on July 14, 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 herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: / )"e_, ? $ ,200 7 " Nanc H. rtzel FILED--Q F, fr; OF THE ; RM`-Tt..NLO TARP 2004 NO 12 P 2: 12 Vz _ '\ t. .i l_: i tl? 3 JOHN M. REITZEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V No. 06-4006 CIVIL TERM NANCY H. REITZEL, Civil Action -Law Defendant In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 0301(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 Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: / Nan H. rtzel FILED-Ct"I ICE OF TI-E 2009 NOV 12 PM 2:.12 GUM UNTY I V ' S i(L? (1 John M. Reitrel IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION Nancy H. Reitrel NO 064006 CIVIL TERM 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) of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: July 24, 2006 Acceptance Of Service - See attached. 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 10/2812009 ; by defendant 1 ?f ibler 1e, 4 j ,?ESD 9 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: Herewith Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: Herewith Yo & Yoffe, P.C. By ttorney for Plainti fendant 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 Ph: (717) 975-1838 jyoffe@verizon.net JOHN M. REITZEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-4006 CIVIL TERM NANCY H. REITZEL, Defendant CIVIL ACTION - LAW DIVORCE ACCEPTANCE OF SERVICE I accept service of the Divorce Complaint. Date: July 24, 2006 Nancy H. Rkftzel 521 Orchard Lane Camp Hill, PA 17011 FILED- OF Th"E' c, --/! .11 FAR 2009 101112 P 1 2: 12 IN THE COURT OF COMMON PLEAS OF John M. Reitzel CUMBERLAND COUNTY, PENNSYLVANIA V. Nancy H. Reitzel . NO 06-4006 Civil Term DIVORCE DECREE By the Court, AND NOW, A4v4- 4v /7` , 200 , it is ordered and decreed that John M. Reitzel , plaintiff, and Nancy H. Reitzel , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. The marital settlement agreement attached hereto shall be incorporated, but not merged, into this divorce decree. The Court retains jurisdiction for the purposes of ensuring performance, compliance with and enforcement of the terms of said marital settlement agreement. A s- J. F r Protho otary ? p?