HomeMy WebLinkAbout02-3850 IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH W. RENFREW,
Plaintiff
HEATHER E. RENFREW,
Defendant·
CIVIL ACTION - LAW
NO. (33-
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed
without you and a decree of divorce or annulment may be entered against you by the court. A
judgement 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 grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may
request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary
at Cumberland County Courthouse, 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH W. RENFREW,
Plaintiff
HEATHER E. RENFREW,
Defendant.
NO.
:
_.
IN DIVORCE
CIVIL ACTION - LAW
COMPLAINT IN DIVORCE UNDER
SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE,.
AND NOW, comes the above named Plaintiff, KENNETH W. RENFREW, by and through his
attorneys, Weigle & Associates, P.C., and Richard L. Webber, Jr., Esquire, and seeks to obtain a Decree
in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth:
1. Plaintiff, Kenneth W. Renfrew, is an adult individual presently residing at 33 Carla Drive,
Shippensburg, Cumberland County, Pennsylvania, since May 1998.
2. Defendant, Heather E. Renfrew, is an adult individual presently residing at 329 McCalister
Church Road, Carlisle, Cumberland County, pennsylvania, since July 16, 2002.
3. The Plaintiff and Defendant are nationals and citizens of the United States of America, and both
have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months
immediately previous to the filing of the Complaint in Divorce.
4. The Plaintiff and Defendant were married on May 6, 1995, in Cleversburg, Cumberland County,
pennsylvania.
5. There have been no prior actions of divome or for annulment between the parties.
6. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to
request that the court require the parties to participate in counseling.
The marriage is irretrievably broken.
The parties have lived separate and apart since July 16, 2002.
The Plaintiff requests the court to enter a decree of divorce.
WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the
bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled.
By:
WEIGLE & ASSOCIATES, P.C.
Richard L. Webber, Jr., Esquire (
Attorney for Plaintiff
Attorney ID #49634
126 East King Street
Shippensburg, PA 17257
Telephone 717-532-7388
VERIFICATION
I verif3' that the statements made in the foregoing Complaint in Divorce are tree and correct. 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:
Kenneth W. Renfrew, Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH W. RENFREW
Plaintiff,
VS.
HEATHER E. RENFREW,
Defendant.
CIVIL ACTION - LAW
NO.
IN CUSTODY
STIPULATION AND AGREEMENT
This Stipulation and Agreement is made this I q'~day~ of/~ --/~O(,oq~'~ ,2002,
by and between Kenneth W. Renfrew of 33 Carla Drive, Shippensburg, Cumberland County,
Pennsylvania, (hereinafter referred to as "Father") and Heather E. Renfrew of 329 McCalister
Church Road, Carlisle, Cumberland County, Pennsylvania, (hereinafter referred to as "Mother").
Kenneth W. Renfrew and Heather E. Renfrew are the natural parents of Mikayla
Renfrew, bom March 14, 1996, and Bailey Renfrew, bom September 20, 1999,
hereinafter referred to as "the children."
2. Mother and Father were married at the time of the birth of the children.
3. The children are presently in the primary care and custody of Father.
None of the parties know of any person not a party to the proceedings who has physical
custody of the children, or claims to have custody or visitation rights with respect to
the children.
Neither of the parties has participated as a party or a witness, or in another capacity in
other litigation concerning the custody of the children in this or another court.
Neither of the parties has information of a custody proceeding concerning the children in
a court of this Commonwealth or any other state.
WEIGLE & ASSOCIATES, P.C. -- ATTORNEY'S AT LAW -- 126 EAST KING STREET -- SHIPPENSBUFIG, PA 17257-1397
o
During the last five years, the children have resided with the following persons and at the
following addresses:
NAME
Kenneth W. Renfrew
Kenneth W. Renfrew and
Heather E. Renfrew
Kenneth W. Renfrew and
Heather E. Renfrew
ADDRESS DATE
33 Carla Drive
Shippensburg, PA 17257
July 16, 2002 to
present
33 Carla Drive
Shippensburg, PA 17257
May 1998 to
July 16, 2002
171 SME
Shippensburg, PA 17257
1995 to May 1998
The parties have reached an agreement with regard to the custody of the children and
desire to reduce their agreement to an Order of Court.
NOW THEREFORE, the parties intending to be legally bound and waiving their right to
be present when this Agreement and Order are presented and executed hereby stipulate and agree
that the Court may enter the following Order of Court in the above-captioned case:
ORDER OF COURT
NOW, ., 2002, upon consideration of the within
Stipulation and Agreement, it is hereby ordered as follows:
Kenneth W. Renfrew ("Father") and Heather E. Renfrew ("Mother") shall have shared
legal custody of Mikayla Renfrew, bom March 14, 1996; and Bailey Renfrew, bom
September 20, 1999, ("the children"), and pursuant to this grant of shared legal custody,
each parent shall have equal access to all pertinent information and reports that may be
generated by medical, educational, psychological and other professionals who may work
with their children. Each parent shall discuss major decisions effective the children's
well being in the areas of medical, educational, emotional, spiritual, social, and material
needs with the opposite parent.
Father shall have primary physical custody of the children.
Mother shall exercise partial custody on alternating weekends.
WEIGLE & ASSOCIATES, P-C. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397
o
On holidays, the parties shall exercise shared physical custody of the children as can be
mutually agreed.
The parties shall each have a reasonable period of time with the children on their
birthdays and on the hildren s birthday to celebrate these events.
The parents agree to assure the children attend activities scheduled for the children during
periods of partial custody, such as but not limited to school events, activities and outings,
swimming and other such lessons, birthday and other parties to which the children are
invited by their friends.
Such other exercises of partial custody may be scheduled hereafter as the parties may
agree upon with due deference and respect to the children's interest, schedule and
ultimate welfare.
Neither party shall do anything which may estrange the children from the other parent, or
injure the opinion of the children as to the other parent or which may hamper the free and
natural development of the children's love or respect for the other parent.
The welfare and convenience of the children shall be the prime consideration of the
parties in any application of the provisions of this agreement. Neither party shall make
negative or disparaging statements concerning the other party in the presence of the
children. Neither party shall alienate or attempt to alienate or destroy the affection of the
children for the other party, but shall exert every reasonable effort to promote 'a feeling of
affection between the children and all parties.
By the Court,
The parties further agree that, in procuring this Agreement, there has been no fraud,
concealment, overreaching, coercion, or other unfair dealing on the part of the other.
IN WITNESS WHEREOF, the parties, intending to be bound by the terms and conditions of this
agreement, execute this Agreement by signing below.
Witr~ess Kenneth W. Renfrew
itness ~-
WEIGLE & ASSOCIATES, AC. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397
I verify that the statements made in this Stipulation and Agreement are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section
4904 relating to unsworn falsification to authorities.
Dated:
Kenneth W. Renfrew
I verify that the statements made in this Stipulation and Agreement are tree and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section
4904 relating to falsification to authorities.
Heather E. Renfrew
WEIGLE & ASSOCIATES, RC. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397
U__J rn
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH W. RENFREW :
Plaintiff, :
VS. :
:
HEATHER E. RENFREW, :
Defendant. :
CIVIL ACTION - LAW
NO. 02-3850
IN CUSTODY
ORDER OF COURT
NOW, ~-----~~ C~ , 2002, upon
Stipulation and Agr~er~e~t, it is here~oy ordered is follows:
consideration of the within
Kenneth W. Renfrew ("Father") and Heather E. Renfrew ("Mother") shall have shared
legal custody of Mikayla Renfrew, born March 14, 1996; and Bailey Renfrew, born
September 20, 1999, ("the children"), and pursuant to this grant of shared legal custody,
each parent shall have equal access to all pertinent infommtion and reports that may be
generated by medical, educational, psychological and other professionals who may work
with their children. Each parent shall discuss major decisions effective the children's
well being in the areas of medical, educational, emotional, spiritual, social, and material
needs with the opposite parent.
Father shall have primary physical custody of the children.
Mother shall exercise partial custody on alternating weekends.
On holidays, the parties shall exemise shared physical custody of the children as can be
mutually agreed.
The parties shall each have a reasonable period of time with the children on their
birthdays and on the children's birthday to celebrate these events.
The parents agree to assure the children attend activities scheduled for the children during
periods of partial custody, such as but not limited to school events, activities and outings,
swimming and other such lessons, birthday and other parties to which the children are
invited by their friends.
Such other exercises of partial custody may be scheduled hereafter as the parties may
agree upon with due deference and respect to the children's interest, schedule and
ultimate welfare.
WEIGLE & ASSOCIATES, I~C. -- ATTORNEYS AT LAW -- 'i26 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397
Neither party shall do anything which may estrange the children from the other parent, or
injure the opinion of the children as to the other parent or which may hamper the free and
natural development of the children's love or respect for the other parent.
o
The welfare and convenience of the children shall be the prime consideration of the
parties in any application of the provisions of this agreement. Neither party shall make
negative or disparaging statements concerning the other party in the presence of the
children. Neither party shall alienate or attempt to alienate or destroy the affection of the
children for the other party, but shall exert every reaso~abr~' effort~to promote a feeling of
affection between the children and all parties, j J j
/ /
WEIGLE & ASSOCIATES, ~C. ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH W. RENFREW,
Plaintiff
HEATHER E. RENFREW,
Defendant.
CIVIL ACTION - LAW
NO. 02-3850
IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA :
:
COUNTY OF CUMBERLAND :
SS
Patdcia A. Frey, being duly sworn according to law, deposes and says that on August 15, 2002 a
true and attested copy of Complaint in Divorce and Notice to Defend were served upon the Defendant,
Heather E. Renfrew. Manner of service: by mailing the same postage paid, certified mail, addressee
only, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows:
Mrs. Heather E. Renfrew
329 McCalister Church Road
Carlisle, PA 17013
The return receipt signed by the Defendant is evidence of delivery to her and is attached hereto
as "Exhibit A."
Patricia A. Frey
Sworn to and subscribed before me
this 26th day of November, 2002.
Notary Public
My Oommis~ Expires June 7,~}' /
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH W. RENFREW,
Plaintiff
HEATHER E. RENFREW,
Defendant.
CIVIL ACTION - LAW
NO. 02-3850
IN DIVORCE
PROOF OF SERVICE
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
r_~ Total Poatage & Fees
$ $0,60
$2.30
$1,75
$3.50
05 Postma~
Here
08/14/2002
ru [ se.t ro 1{¢s. Heather E. Renfrew
~ '~;~Y'"7'"? ...........................................................................
Track/Confirm - Intranet Item Inquiry
Item Number: 7001 2510 0001 4t43 9251
This item was delivered on 0811512002 at 16:13.
KXH [BIT "A"
WEIGLE & ASSOCIATES, RC. -- ATTORNEY5 AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH W. RENFREW, : CIVIl', ACTION - LAW
Plaintiff :
:
v. : NO. 02-3850
HEATHER E. RENFREW, :
Defendant. : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on August 13, 2002.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to request
entry of the decree.
I verify that the statements made in 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 unswom
falsification to authorities.
Dated:
Kenneth W. iRenfrew, Plaintiff
WEIGLE & ASSOCIATES, P.C. -- ATTORNEYS AT LAW -- 126 EAST KINg STREET -- SHIPPENSBURG, PA 17257-1397
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH W. RENFREW,
Plaintiff
HEATHER E. RENFREW,
Defendant.
CIVIL ACTION - LAW
NO. 02-3850
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on August 13, 2002.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to request
entry of the decree.
I verify that the statements made in this affidavit are tree and correct. 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:
N(~ARIAL SEAL
~ TAMMY SU~HELMAN, Notary Public
~ Chambersburg, Franklin County
[ My Commission Expires Oct. ~2005
WEIGLE ~n ASSOC]{ATES. RC. -- ATTORNEYS AT LAW 126 EAST KINg STREET -- SHIPPENSBURg, PA 17257o1397
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH W. RENFREW, : CIVIL ACTION - LAW
Plaintiff :
:
v. : NO. 02-3850
HEATHER E. RENFREW, :
Defendant. : IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or
expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a
copy of the decree will be sent to me immediately after it is filed with the prothonotary.
I verify that the statements made in this affidavit are tree and correct. 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:
Kenneth W. Renfrew, Plaimiff
WEIGLE & ASSOCIATES, P.C. -- ATTORNEYS AT LAW -- 126 EA. ST KING ~;TREET -- SHIPPENSBURG, PA 17257-1397
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH W. RENFREW, : CIVIL ACTION - LAW
Plaintiff :
v. : NO. 02-3850
HEATHER E. RENFREW, :
Defendant. : IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER § 3301(e) AND § 3301(d) OF THE DIVORCE CODE
1. I consent to thc en~'y of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony', division of property, lawyer's fees or
expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a
copy of the decree will be sent to me immediately after il: is filed with the prothonotary.
I verify that the statements made in this affidavit are trne and correct. 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:
ITAM~ su~HEL~, No~a~ PuU~
~ Chambe~urg, Franklin Cou~
~My Com~?ion Expires Oct. 31, 2~
Heather E. Renfrew, Defendant[,fJ
WEIGLE & ASSOCIATES, P.C. -- ATTORNEYS AT LAW -- 126 EAST KING 5;TREET -- SHIPPENSBURQ~, ]PA 17257-'~397
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH W. RENFREW, : CIVIL ACTION - LAW
Plaintiff :
:
v. : NO. 02-3850
:
HEATHER E. RENFREW, :
Defendant. : 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:
Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code.
Date and manner of service of the complaint: August 13, 2002, by mailing postage paid,
certified mail, addressee only, and return receipt requested at Shippensburg, Pennsylvania.
Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code:
by Plaintiff, November 26, 2002; by Defendant, November 27, 2002.
Related claims pending: The Marital Agreement between the parties dated November 26, 2002,
shall be incorporated but not merged into this Decree in Divorce pursuant to the said Agreement.
Date Plaintiff's Waiver in § 3301 (c) Divorce was filed with the prothonotary:
December 2, 2002.
Date Defendant's Waiver of Notice in § 3301 (c) Divorce was filed with the prothonotary:
December 2, 2002.
WEIGLE & ASSOCIATES, P.C.
Richard L. Webber, Jr., l~sq~ uire
Attorney for Plaintiff
Attorney ID #49634
126 East King Street
Shippensburg, PA 17257
Telephone (717)532-7388
WEIGLE & ASSOCIATES, RC. -- ATTORNEYS AT LAW 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH W. RENFREW,
Plaintiff
HEATHER E. RENFREW,
Defendant.
To the Prothonotary:
CIVIL ACTION - LAW
NO. 02-3850
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
decree: Transmit the record, together with the following information, to the court for entry of a divorce
Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code.
Date and manner of service of the complaint: August 13, 2002, by mailing postage paid,
certified mail, addressee only, and return receipt requested at Shippensburg, Pennsylvania.
Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code:
by Plaintiff, November 26, 2002; by Defendant, November 27, 2002.
Related claims pending: The Marital Agreement between the parties dated November 26, 2002,
shall be incorporated but not merged into this Decree in Divorce pursuant to the said Agreement.
Date Plaintiff's Waiver in § 3301 (c) Divorce was filed with the prothonotary:
December 2, 2002.
Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary:
December 2, 2002.
WEIGLE & ASSOCIATES, P.C.
Richard L. Webber, Jr., l~tuire
Attorney for Plaintiff
Attorney ID #49634
126 East King Street
Shippensburg, PA 17257
Telephone (717)532-7388
WEIGLE & ASSOCIATES, RC, -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257 1397
Page 1 of 8
MARITAL AGREEMENT
THIS AGREEMENT, made this ~[day of ~A,/(~ ~.~. ~,./.- , 2002, by and between
KENNETH W. RENFREW, hereinafte~ referred to a~ Husband, of 33 Carla Drive, Shippansburg,
Cumberland County, Pennsylvania, and HEATHER E. RENFREW, hereinafter referred to as Wife, of
329 McCalister Church Road, Carlisle, Cumberland County, Pennsylvania.
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been married on May 6, 1995, in
Cleversburg, Cumberland County, Pennsylvania, with two (2) children having been bom of the
marriage; and
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the
parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are
desirous of settling some of their respective financial and property rights and obligations as between
each other including, without limitation by specification: the implementation of custody/visitation
arrangements for the minor children of the parties; the equitable division of marital property; and the
settling of all matters between them relating to the past, present and future support, alimony and/or
maintenance of Wife by Husband or &Husband by Wife.
NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants
and under takings hereinafter set forth which are hereby acknowledged by each of the parties hereto,
Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows:
AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS
This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited
or absolute divorce on lawful grounds, if such grounds 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 a 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 prior to or which may occur
subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant
to the terms of Section 3301 (c) of the Pennsylvania Divorce Code of 1980, as amended.
EFFECT OF DIVORCE DECREE
The parties agree that 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 thc parties.
Page 2 of 8
AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE
The parties agree that the terms of this Agreement may be incorporated into any divorce decree,
which may be entered with respect to them.
DATE OF EXECUTION
The "date of execution" or "execution date" of the Agreement shall be defined as the date upon
which it is executed by the parties if they have each executed the Agreement on the same date.
Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of
execution by the party last executing this Agreement.
ADVICE OF COUNSEl,
The provisions of this Agreement and their legal effect have been fully explained to Kenneth W.
Renfrew, by Richard L. Webber, Jr., Esquire, who is attorney for Husband and who prepared this marital
agreement. Wife acknowledges that she has been advised of her right to seek independent legal counsel
and she has decided not to do so. Both parties acknowledge that they fully understand the facts and have
been fully informed as to their legal rights and obligations and understand the same. The parties hereto
further acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that
it is being entered into freely and voluntarily after having received such advice and with such
knowledge, and that execution of this Agreement is not the result of any duress or undue influence and
that it is not the result of any collusion or improper or illegal agreement or agreements.
PERSONAL RIGHTS
Wife and Husband 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 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. Wife and Husband 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.
SEPARATION DATE
The parties do hereby acknowledge that they separated on July 16, 2002. It is hereby agreed that
July 16, 2002, shall be the separation date for purposes of equitable distribution under the Pennsylvania
Divorce Code unless altered by subsequent agreement of the parties in writing and signed by each of the
parties. No attempt at reconciliation shall be considered to alter the separation date unless evidenced by
written agreement.
Page 3 of 8
MOTOR VEHICLER
The parties agree that they have previously disposed of the marital vehicles and the
encumbrances associated therewith.
PERSONAL PROPERTY
A. The parties agree that certain items to be retained by Wife have been segregated in the
basement of Husband's residence. Wife shall remove said items within a reasonable time.
B. Husband and Wife do hereby acknowledge that with the exception of the items specified
in Paragraph A they have previously divided their tangible personal property, including but not limited
to jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, vehicles,
pictures, books, works of art and other personal property and hereafter Wife agrees that all of the
property in the possession of Husband shall be the sole and separate property of Husband and Husband
agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife.
The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any,
he or she may have with respect to the above items, which shall become the sole and separate property
of the other.
AFTER-ACQUIRED PERSONAL PROPERTY
Each of the parties shall hereafter own and enjoy, independently of any claim or right of 'the
other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full
power 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 not married.
REAL ESTATE
The parties hereto acknowledge and agree that they previously distributed the marital real
estate known as 33 Carla Drive, situate in Shippensburg, Cumberland County, Pennsylvania, and
encumbrances associated therewith. Husband is the sole owner of said real estate. Wife hereby waives
and releases any interest thereon.
WAIVER OF SPECIFIEI'} CLAIMS BY WIFE
Wife hereby waives any and all right to claim any interest or share in Husband's employee
benefits.
WAIVER OF SPECIFIEB CLAIMS BY HUSBAND
Husband hereby waives any and all right to claim any interest or share in Wife's employee
benefits.
Page 4. of 8
FUNDS ON DEPOSIT AT BANKS OR FINANCIAL INSTITUTIONS
The parties have previously distributed the marital checking and savings accounts.
WARRANTY AS TO EXISTING OBLIGATION£
Husband shall be solely responsible for the following credit card balances:
Bank of America
Citicorp
First Card
Wife shall be solely responsible for the following:
Sears credit card
Cell phone account with AT&T
Capital One credit card
In addition, Wife shall pay Husband the sum of Two Thousand Dollars ($2,000.00) in order to
equalize their responsibilities for the accounts listed above.
Each party agrees to indemnify and hold the other party harmless from the liabilities assumed.
Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or
obligation for which the estate of the other party may be responsible or liable except as may be provided
for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and
against any and all such debts, liabilities or obligations of every kind which may have heretofore been
incurred by them, including those for necessities, except for the obligations arising out of this
Agreement.
WARRANTY AS TO FUTURE OBLIGATIONS
Wife and Husband each covenant, warrant, represent and agree that each will now and at all
times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities
incurred by the other after the execution date of this Agreement, except as may be otherwise specifically
provided for by the terms of this Agreement and that neither of them shall hereafter incur a liability
whatsoever for which the estate of the other may be liable.
LEGAL FEES
Each party shall pay their own legal fees associated with this Agreement, the divorce, and
custody action.
INCOME TAX RETURNS
The parties agree to file separate federal and state income tax returns.
WEIGLE & ASSOCIATES, RC. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA I7257-1397
Page 5 of 8
MUTUAL RELEASES
Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge: the
other and the estate of each other, for all time to come, and for all purposes whatsoever, of and from any
and all rights, title and interest, or claims in or against the property (including income and gain from
property hereafter accruing) of the other or against the estate of such other, of whatsoever nature and
wheresoever situate, which he or she now has or at any time hereafter may have against such other, the
estate of such other or any part thereof, whether arising out of any foimer acts, contracts, engagements
or liabilities of such other or by way of dower, courtesy, or claims in the nature of dower or courtesy or
widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the
fight to take against the spouse's will; or the right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate,
whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the
United States, or (c) any other country, except, and only except, all rights and agreements and
obligations of whatsoever nature arising or which may arise under this Agreement or for the broach 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 provision thereof.
WAIVER OR MODIFICATION TO BE IN WRITING
No modification or waiver of any of the terms hereof shall be valid unless in writing and signed
by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any
subsequent default of the same or similar nature.
DIVORCE
The parties hereto agree to enter into a mutual consent divorce under Section 3301(c) of the
Pennsylvania Divorce Code of 1980, as amended. Husband agrees to pursue the present divome action
filed to No. 02-3850 Civil, 2002, in the Court of Common Pleas of Cumberland County, Pennsylvania,
and to be the Plaintiff therein. Wife agrees to sign the necessary documents, including the Affidavit of
Consent, at such time after the ninety (90) days of filing of the Complaint and further instruments that
may be reasonably required to give full force and effect to the provisions of this Agreement.
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 lahe
other party may reasonably require for the purpose of giving full force and effect to the provisions of
this Agreement.
WEIGLE & ASSOCIATES, RC. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397
Page 6 of 8
LAW OF PENNSYLVANIA APPLICABI,F.
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
AGREEMENT BINDING ON HEIRS
This Agreement shall be binding and shall insure to the benefit of the parties hereto and their
respective heirs, executors, administrators, successors and assigns.
BREACH
If either party breaches any provision of this Agreement, the other party shall have the right, at
his or her election, to sue for damages for such breach or seek such other remedies or relief as may be
available to him or her, and the party breaching this contract shall be responsible for payment of legal
fees and costs incurred by the other in enforcing their rights under this Agreement.
WAIVER OF ALIMONY AND OTHER RIGHTS
The parties hereto have been informed of their rights or have been advised to seek counsel to
inform them of their rights under and pursuant to the Divorce Code, Action of April 2, 1980, Nurnber
1980-26, as amended, particularly the provisions for alimony, alimony pendente lite, equitable
distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall
conclusively provide for the distribution of property under the said law and except as specifically
provided for in this agreement, hereby waive, release and relinquish any further rights they may
respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital
property, counsel fees or expenses. From the date hereof, each party may acquire either personal or real
property in their own name. Any property so acquired shall be owned solely by the individual and slhall
not be subject to any claim whatsoever by the other party.
FINANCIAL DISCLOSURE
The parties confirm that they have relied on the substantial accuracy of the financial disclosure
of the other as an inducement to the execution of this Agreement.
ENTIRE AGREEMENT
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.
WEIGLE ~ ASSOCIATES, lqC. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397
Page 7 of 8
NO WAIVER OF DEFAULT
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 party to insist upon strict performance of
any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce
the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any
subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict
performance of any other obligations herein.
SEVERABILITY
If any term, condition, clause or provision of this Agreement shall be determined or declared to
be void or invalid in law or otherwise, then only that term, condition, clause or provisions shall be
stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full
force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any
one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent,
shall in no way void or alter the remaining obligations of the parties.
HEADINGS NOT PART OF AGREEMENT
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.
yOLUNTARy EXECUTION
The provisions of this Agreement and their legal effect have been fully explained to the parties
by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it
is being entered into voluntarily, and that it is not the result of any duress or undue influence.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written.
WITNESS:
KENNETH W. RENFREW
HEATHER E. RENFREW - 'Cd
WEIGLE & ASSOCIATES, RC. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397
Page 8 of 8
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
:
SS
I
On this, the ~2-~'~f£ day of '~ "~"'r~/' -- --- ~-~r ,-~2, before me a Notary Public
the undersigned officer, personally appeared Kennetl/'W~. Renfrew, known to me to be the person whose
name is subscribed to the within Agreement and acknowledged that he executed the same for the
purposes therein contained.
1N WITNESS WHEREOF, I have hereunto set my hand and seal.
NOTARIAL SEAL
RICHARD L, WEBBER JR,, NOTARY PUBLIC
SHIPPENSBURG BORO. CUMBERLAND COUNTY
MY COMMISSION EXPIRES JULY 15, 2006
. tSEgt,)
COMMONWEALTH OF PENNSYLVANIA :
:
COUNTy OF CUMBERLAND :
SS
On this, the ~q'~7 day of ~h/0(~/t~&' ,2002, before me a Notary Public,
the undersigned officer, personally appeared Heather E. Renfrew, known to me 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 have hereunto set my hand and seal.
M NOTARIAL SEAL
TAMMY SUE HELMAN, Notary Public
Ghambemburg, Franklin Count~
Comml~_slon Expires Oct. 31 2005
(SEAL),
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE Of ,~~ PENNA.
VErsus
NI~.Ai'HER E. RENFREW,
DEFENDANT
N O. 02-3850
DECREE IN
DIVORCE
AND NOW,
DECREED THAT
AND
ARE DIVORCED From THE BONDS OF MATRIMONY.
2002
, IT IS ORDERED AND
, PLAINTIFF,
, DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECOF A~~;TION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The attached ~arital__Ag~_eement between the ~arties dated November 26, 2002,
shall be incorporated but not merged into this Decree in Divorce pursuant -
to the said Agreement.
ATTES j.
_. - - rOT.ONOTAr*