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DECREE IN 8
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF I~.I PENNA,
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CHESTER L. D/lENIZER
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DONNA M. DRENIZER,
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Defendant
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AND NOW, .
decreed that ". .CJ\F.STl~1\ J,. .IlHIlNltllm.
and, . , . . . . . . . . . . . .. .. . QQt:JNi\ M,(I(ll\f:'JJZl\ll . . .
are divorced from the bonds of matrimony.
. . . . . . .. .. . , , .. '. plaintiff,
. . . . . , , . . . " defendant.
The court retains jurisdiction of the following claims which have
been raised of record In this action for which a final order has not yet
been entered;
.Sep~ratlon. and. Property. Settlement. Agreement. dated i\ugusl:. 30,. Ul96" .i.s . , ,
. Incorporated .Into thl~ Decree..
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'l'IIIS AGHEEMEN'I', made thls$O day of Au/v:\-\]
1996, by and between DONNA M. UHENIZEH of Carlisle, cumberland
county, Pennsylvania, party of the first part, hereinafter
referred to [IS "Wife" and CIIES'I'EH L. UHENIZEH of carlisle,
cumberland County, Pennsylvania, party of the second part,
hereafter referred to as "lIusband".
WITNESSETIII
WIIEHEAS, husband and wife were married on January 15,
1967, in cumberland county, Pennsylvania; and
WIIEREAS, husband and wife have been living separate and
apart from each other since May 27, 1995;
WHEREAS, husband and wife are residents of the
commonwealth of Pennsylvania and have been so for at least the
past six (6) months; and
WHEREAS, certain diverse, unhappy differences have
arisen between the parties hereto which have made them desirous
of continuing to living separate and apart from one another; and
WHEREAS, husband and wife desire to settle and
determine certain of their marital rights and obligations, and
make an equitable distribution of their marital property;
WHEREAS, it is the intention and purpose of this
Agreement to set forth the respective rights and duties of the
parties while they continue to live apart from each other and to
settle all tlnancial and property rights between them; and
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WHJ::IlEAS, tho purties hereto have mutually entered into
agrsement for the divlaion of their jointly owned assets, the
provisions for the liabilities they owo, and provisions for the
resolution of their mutuul dlfforencea, after both have had full
and amble opportunity to consult with their respsctive attorneys,
and the parties now wish to have that agreement reduced to
writing.
NOW, THEREFORE, tho partiea hereto in consideration of
the mutually made and to be kept promises set forth herein and
for other good and valuable consideration, intending to be
legally bound and to legally bind heirs, successors, assigns, and
personal representatives, do hereby covenant, promise and agree
as follows:
ARTICLE I
SEPARATION
1.1
It shall be lawful for husband and wife at all times
hereafter to live separate and apart from each other and to
reside from time to time at such place or places as they shall
deem fit free from any control, restrain, or interference, direct
or indirect, by each other. Neither party shall molest the other
or compel or endeavor to compel the other to cohabit or dwell
with him or her by any legal or other proceedings. 'fhe foregoing
provision shall not be taken to be an admission on the part of
either husband or wife of the lawfulness of the causes leading to
them living separate and apart.
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2.1
This Agreement Is not predicated on divorce. It is
speoificallY understood and agroed by and between the parties
hereto and to each of the said parties does hereby warrant and
represent to the other that the execution and delivery of this
Agreement Is not predicated upon nor made subject to any
agreement for institution, prosecution, defense, or for the non-
prosecution or non-defense of any action for divorce; provided,
however, that nothing contained in this Agreement shall prevent
or preclude either of the parties hereto from commencing,
instituting or prosecuting any action or action for divorce,
either absolute or otherwise, upon just, legal and proper
grounds; nor to prevent either party from defending any such
action which has been, may, or shall be instituted by the other
party, or for making any just or proper defense thereto. It is
warranted, covenanted, and represented by husband and wife, each
to the other, that this Agreement is lawful and enforceable and
this warranty, covenant, and representation is made for the
specific purpose of inducing husband and wife to execute this
Agrsement. lIusband and wife each knowingly and understandingly
hereby waive any and all possible claims of this Agreement is,
for any reason, illegal, or for any reason whatsoever of publio
policy, unenforoeable in whole or in part. lIusband and wife do
,
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each hereby warrant, covenant and agree that, in any possible
event he an she are and over shall be ostopped from asserting any
illegality or unenforceabillty as to all or any part of this
Agreement.
2.2
It is further apecifically understood and agreed that
the provision of this Agreement relating to the equitable
distribution of property of the parties are accepted by each
party as a final settlement of for all purposes whatsoever.
Should either of the parties obtain a decree, jUdgment or order
of separation or divorce in any other state, county, or
jurisdiction, each of the parties to this Agreement hereby
consents and agrees that this Agreement and all its covenants
shall not be effected in any way by any such separation or
divorce; and that nothing in any such decree, judgment, order or
further modification or revision thereof shall alter, amend or
vary any term of this Agreement, whether or not either or both of
the parties should remarry, it being understood by and betwsen
the parties that this Agreement shall survive and shall not be
merged into any decree, judgment or order of divorce or
separation.
2.3
It ie specifically agreed that a copy of this Agreement
may be incorporated by reference into any divorce jUdgment or
decree if or whenever sought by any of the parties hereto. It is
understood by the parties that a divorce complaint will be filed
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in the Court of Common Pleas of Cumberland county. Both parties
give their full and complete consent to the jurisdiction of the
Court of Common Pleas of Cumberland county to enter a final
decree in divorce. Such Incorporation, however, shall not be
regarded a merger, it being the intent of the parties to permit
this Agreement to survive any such decrees.
2.4
Notwithstanding Article Two (2), Paragraph One (1), at
the request of either party, the parties hereby agree to execute
the necessary documents to finalize the divorce docketed at 95-
3594 civil Term, in the Court of Common Pleas of cumberland
county, Pennsylvania.
ARTICLE III
EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
3.1
The parties have attempted to divide their marital property
in a manner which conforms to the criteria set forth in section
3502 of the Pennsylvania Domestic Relations Code, and taking into
account the following considerations: the length of the
marriage; the prior marriages of the parties; the age, health,
station, amount and sources of income, vocational skills,
employability, estate, liabilities, and need for each of the
parties; the contribution of one party to the education, training
or increased earning power of the other party; the opportunity of
each party for future acquisition of capital assets and income;
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the sources of income of both pln'ticll, includinCj. but not 1 imited
to medical, retirement, i nllurance or other bonor its I the
contribution of dissipation of each party in the acquisition,
preservation, deprcciation, or appreciation of marital property,
including the contribution of a party as a homemaker; the value
of tl~ property set apart to each party; and the standard of
living of the parties established durinCj their marriage.
3.2
The division of existing marital property is not intended by
the parties to constitute in any way a sale or exchange of assets
and the division is being effected without the introduction of
outside funds or other property not constituting marital
property. The division of property under this Agreement shall be
in full satisfaction of all rights of equitable distribution of
the parties.
The parties hereby agree that any transfers of property
pursuant to the terms of this Agreement shall be within the scope
of the Deficit Reduction Act of 1984, or other similar tax acts
(hereinafter "Act"). The parties agree to sign and cause to be
filed any elections or other documents required by the Internal
Revenue Service to render the Act applicable to the transfers set
forth in this Agreement, without recognition of gain on such
transfers and subject to the carry-over ballis provisions of said
Act.
3.3
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'l'he parties shall retain oole and exclusive rirJht, title and
possession of all personal property currently in their
possession. Except as provide for herein, I~sband shall make no
claim whatsoever for any personal property in wife's possession.
Additionally, except ao provided for herein, Wite shall make no
claim whatsoever for any personal property in Husband's
possession. Should it be necessary tor either party to execute
any documents to convey tile to any such real or personal
property in the other party's possession, they shall do so within
thirty (30) days of the execution of this Agreement or within
thirty (30) days of the request from the opposing party.
a. Within thirty (30) days of the execution of this
Agreement, Wife shall, by special warranty deed, transfer all of
her right, title, and interest to the property situate at 1819
Heishman Gardens, Carlisle, Cumberland County, Pennsylvania to
Husband. Husband shall indemnify and save harmless Wife against
any and all liens of record against said Property. Husband
hereby agrees to use his best efforts to obtain refinancing so as
to remove Wife from lease purchase agreement with Mr. Heishman.
b. within thirty (30) days of the execution of this
Agreement, Husband shall transfer all of his right, title, and
interest, if any, to the parties cemetery lots to Wife.
c. Within thirty (30) days of the execution of this
agreement, husband shall pay to wife as alimony, the sum of
$2,500.00.
3.4
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Except as provided herein, Wife waivell any right or interullt
she may have in lIusuand's employment uenefits, including any
retirement plan, stock option purchase plan, profit sharing plan
or related matters. Except as provided herein, lIusuand waives
any right or interest he may have in Wife's employment bsnefits,
including any pension benefits, retirement plan, stock option
purchase plan, profit sharing plan or related matters.
3.5
lIusband and Wife agree to waive and relinquish any and all
right that he or she may now have or hereafter acquire in any
rsal or tangible personal property subsequently acquired by the
other party. lIusband and Wife specifically agrse to waive and
relinquish any right in such property that may arise as a result
of the marriage relationship.
ARTICLE IV
RELEASE OF SUPPORT FOR IIUSBAND AND WIFE
4.1
The parties herein acknowledge that by this Agreement they
have respectively secured and maintained a substantial and
adsquate fund with which to provide themselves SUfficient
resources to provide for their comfort, maintenance, and support
in the station of life in which they are accustomed. Except as
provided herein, lIusband and Wife do hereby waive, release and
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give up any rights they may respeotively have against the other
for alimony, support, or maintenance.
4.2
lIusband and Wife specifically waive, release and give up any
rights for a1Jmony that they may be entitled to pursuant to
chapter 37 of the Pennsylvania Domestic Relations Code.
ARTICLE V
DEnTS OF TilE PARTIES
5.1
Each party represents to the other that except as otherwise
spscifically set forth herein, there are no major outstanding
obligations of the parties, that since the separation neither
party has contracted for any debts for which the other will be
responsible and each party indemnifies and holds harmless the
other for all obligations separately incurred or assumed under
this Agreement.
In the event either party contracted for or incurred any
debts since the date of separation, the party who incurred said
debt shall be responsible for the payment thereof regardless of
the name in which the account may have been charged. lIusband and
Wife acknowledge and agree that they have no outstanding debts or
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obligations of the lIusbund und Wife incurred prior to the signing
of this Agreement.
5.2
Each party relinquishes any right, title and interest he or
she may have to any and all motor vehicles currently in the
possession of the other party. Within thirty (30) days of the
date of execution of this document, each party shall execute the
necessary documents to have said vehicles properly registered in
the other party's name with the Pennsylvania Department of
Transportation.
ARTICLE VII
MISCELLANEOUS PROVISIONS
7.1
The parties hereto have retained independent legal counsel.
The provisions of this Agreement and their legal effect have been
fully explained to the parties by their respective counselor the
parties have waived their right to have legal advice regarding
the meaning and implication of this Agreement. The parties
acknowledge and accept that this Agreement is, in the
circumstances, fair and equitable, that it is being entered into
freely and voluntarily, after having received such advice and
with such knowledge 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.
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7.2
Husband and Wife do hereby mutually remise, release,
quitclaim, and forever discharge the other and the estate of the
other, for all times to come and for all purposes whatsoever, of
and from any and all legal right, title and interest, or claims
in or against the property of the other or against the estate of
the other, of whatever nature and wheresoever situate, which he
or she now has or at any time hereafter may have against such
other, the estate of SUcll other, or any part thereof, whether
arising out of any former acts, contracts, engagements, or
liabilities of such other as by way of dower or curtesy, or
claims in the nature of dower or curtesy or widow's or widower's
rights, family exemption, or similar allowance, or under the
intestate laws, or the right to take against the spouse's will;
or the right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under
the laws of (a) Pennsylvania, (b) any state, commonwealth, or
territory of the United States, or (c) any other country, or any
rights which either party may have or at any time hereafter have
for past, present, or future support or maintenance, alimony,
alimony pendente lite, source fees, costs or expenses, whether
arising as a result of the marital relation or otherwise, except
and only except, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement
or for the breach of any thereof. It is the intention of Husband
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and Wife to give to each other by exocution of this Agreement a
full, complete, and general relel'ae with reapect to uny and all
property of any kind or nature, reul or personal, not mixed,
which the other now owna or may hereafter acquire, except and
only except, all righta and agreoments und obligations of
whatsoever nature ariaing or which may ariee under this Agreement
or for the breach of any thereof.
7.3
Each party represents that since separation, they have 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 each of them, inclUding those for
necessities, except for the obligations arising out of this
Agreement. Husband and Wife each warrant, covenant, 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 is otherwise specifically provided
herein.
7.4
No waiver or modification of any of the terms of this
Agreement shall be valid unless in writing and signed by both
parties and no waiver of any breach hereof or default hereunder
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shall be deemed a waiver of any subsequent default of the same or
similar nature.
7.5
This Agreement shall be construed in accordance with the
laws of the Commonwealth of Pennsylvania which are in effect as
of the date of execution of this Agreement.
7.6
This Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
7.7
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.
7.8
If any term, condition, clause, section, or provision of
this Agreement shall be determined or declared to be void or
invalid in law or otherwise, then only that term, condition,
olause, or provision shall be stricken from this Agreement, and
in all other respects, this Agreement shall be valid and continue
in full force, effect, and operation. Likewise, the failure of
any party to meet his or her obligation under anyone or more of
the artioles and sections herein shall in no way void or alter
the remaining obligations of the parties.
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It is specifically understood and agreed that this Agreement
constitutes an equitable distribution of property, both real and
personal, which was legally and beneficially acquired by Husband
and Wife, or either of thom, durincJ the marriage as contemplated
by the Domestic nelations code of the commonwealth of
Pennsylvania .
7.10
'l'he parties warrant and represent that they have made full
disclosure of all assets prior to the execution of this
Agreement.
7.11
In the event either party to this Agreement shall breach any
term, covenant or other obligation herein, the non-breaching
party shall be entitled, in addition to all other remedies
available at law or in equity, to recover from the breaching
party all costs which the non-breaching party may incur,
including but not limited to filing fees and attorney's fees, in
any action or proceeding to enforce the terms of this Agreement.
7.12
This Agreement shall survive any action for divorce and
decree of divorce and shall forever be binding and conclusive on
the parties; and any independent action may be brought, either at
law or in equity, to enforce the terms of this Agreement by
either Husband or Wife until it shall have been fully satisfisd
and performed. The consideration for this Agreement is the
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mutual benefits to be obtained by both of the partiee hereto and
the covenants and agreemonts of oach of the parties to the other.
'I'he adequacy of the oonsidel.ation for all agreements herein
contained is stipulated, confessed, and admitted by the parties,
and the parties intend to be legally bound hereby.
IN WITNESS WIIEREOF, the parties have set their hands and
seals the day and year first above written.
WITNESSED BYI
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CHESTER L. BRENIZER,
Plaintiff
v.
CIVIL ACTION--LAW
IN DIVORCE
DONNA M. BRENIZER,
Defendant
NO. 95-3594
PRAECIPE TO TRAHSMIT RECORD
To the prothonotary:
Please transmit the record, together with the fOllowing
information, to the Court for entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under
Section 3301(c) of the Divorce Code.
2. Date and manner of service of the Complaint: certified
Mail, Restricted Delivery, Delivered July 8, 1995; (The original
domestic return receipt is attached as Exhibit "A").
3. Date of execution of the affidavit of consent required
by Section 3301(c) of the Divorce Codel by the Plaintiff--
September l2, 1996; by the Defendant--September 11, 1996.
4. Related claims pending: Separation and Property
Settlement Agreement dated August 30, 1996 is incorporated into
this Decree.
Respectfully sUbmitted,
Datsdl qll(,/q~
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W II am C. Vohs, Esqu re
Attorney 10 #65208
1l West Pomfret Street, Suite 2
carlisle, PA 17013
(717) 249-5373
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Donna M. Brenizer
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Carlisle, PA 17013
DOMESTIC RETURN RECEIPT
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CHESTER L. BRENIZER,
plaintiff
v.
CIVIL ACTION - LAW
IN DIVORCE
DONNA M. BRENIZER,
Defendant
NO.
95- 'V/ H
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HOTICE TO DEFEHD AND CLAIM RIGHTS
YOU HAVE BEEN SUED IH COURT. If you wish to defend against
the claims set forth in the following pages, you must take pronlpt
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, Dauphin county courthouse,
Harrisburg, Pennsylvania.
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 court Administrator
One courthouse Square, Fourth Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
W am c. Vohs, Esqu re
Attorney for Plaintiff
, ~1M.l'NI""'11IUI/\Il' n...
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIIESTER L. BRENIZER,
Plaintiff
v.
CIVIL ACTION - LAW
IN DIVORCE
DONNA M. BRENIZER,
Defendant
NO.
95- ") n-,'l/
.) j f
COMPLAINT UHDER SECTIOH 3301(0)
OR 3301(4) OF THE DIVORCE CODE
AND NOW, this.s11 day of ::tvl, 1995, comes the
Plaintiff, Chester L. Brenizer, by and through his attorneys,
IIANFT & VOHS, and files this Complaint in Divorce, and states as
follows I
1. Plaintiff is Chester L. Brenizer, an adult individual
who currently resides at 24 country View Estates, Newville,
Cumberland County, Pennsylvania.
2. Defendant is Donna M. Brenizer an adult individual who
currently resides at 1019 lIeishman's Gardens, carlisle,
Cumberland County, Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents
in the Commonwealth for at least six months immediately previous
to the filing of this Complaint.
4. The Plaintiff and Defendant were married on January 15,
1967, Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for
annulment between the parties.
14'lV".(-t'Il~IN\nJm\iHJ UII"
6. The Plaintiff has been advised of the availability of
marriage counseling and the Plaintiff may have the right to
request that the Court require tho parties to participate in
counseling. Having been so advised Plaintiff does not desire the
Court to order counseling.
7. The marriage is irretrievably broken. The foregoing
facts are averred and brought under Sections 3301(c) or 3301(d)
of the Divorce Code of 1980, as amended.
WHEREFORB, Plaintiff requests Your Honorable Court to enter
a decree in divorce, divorcing Plaintiff from Defendant.
Respectfully submitted,
HANFT & VOHS
suite 2
f 'I'N"JI\'JUMZJJ"l/Vllf tuN
Verification
I vsrifY that the statements made in the foregoing document
are true and correct to the best of my knowledge, information and
belief. This Verification is made only as to the factual
averments contained herein, and not to legal conclusions and
averments authored by counsel in his capacity as attorney for the
party or parties hereto. 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.
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CHESTER L. BRENIZER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
DONNA M. BRENIZER,
Defendant
NO. 95-3594
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 will
proceed without you and a decree in divorce or annulment may 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 Cumberland County Courthouse,
Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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.
Court Administrator
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
(717) 240-6200
CHESTER L. BRENIZER, I IN TilE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
vs. I CIVIL ACTION - LAW
I
DONNA M. BRENIZER, I NO. 95-3594
Defendant I IN DIVORCE
AHSWER AND COUNTERCLAIM
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
WHEREFORE, Defendant requests your Honorable court to enter
a Decree in Divorce, divorcing Plaintiff from Defendant.
COUNTERCLAIM
COUHT I
8. The Defendant's answers to paragraphs 1 through 7 to the
Plaintiff's Complaint are incorporated herein by reference as if
set forth in their full text.
9. Plaintiff and Defendant are joint owners of certain real
estate located at 1819 Heishman Gardens, Carlisle, Pennsylvania.
10. Plaintiff and Defondant are joint owners of various
items of personal property, furniture, and housohold furnishings
acquired during their marriage which are subject to equitable
distribution.
11. Plaintiff and Defendant have incurred debts and
obligations during their marriage which are subject to equitable
distribution.
WHEREFORE, Defendant requests your Honorable Court to
equitably divide their marital property and equitably apportion
their debts.
Coun t II
12. Paragraphs 1 through 11 are incorporated herein by
reference as if set forth in their full text.
13. Defendant is unable to provide for or afford her
counsel fees, expenses, and costs during the pendency of this
divorce action and through its resolution.
14. Defendant is without sufficient property and otherwise
unable to financially support herself despite being employed.
l5. Plaintiff is presently employed and receiving a
substantial income and benefits and is able to pay for counsel
fees, expenees and costs, as well as alimony and alimony pendente
lite for Defendant.
WHEREFORE, Defendant requests your Honorable Court to enter
an Order requiring Plaintiff to pay Defendant's counsel fees,
expenses and costs, as well as providing for payment of
appropriate alimony and alimony pendente lite to Defendant.
Respectfully submitted,
GRIFFIE & ASSOCIATES
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I verifY that the statemsnts made in the foregoing document
are trUe and correct. I understand that false statements herein
made are sUbject to the penalties of 18 Pa.C.S. section 4904
relating to unsworn falsification to authorities.
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DATE I 7 - oU . 7 )
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tVC+'/l)~(\. ,/)/ J2(1~1"'('.JC v
DONNA M. BRENIZER ,/
IN 'rilE COUH'I' oF' COMMON PLEAS 01'
CUMBEIlLhNl> COUN'I'V, I'ENNSVLVANIA
CHESTER L. BRENIZlR,
Plaintiff
v.
CIVIL ACTION - LAW
IN DIVORCE
DONNA M. BRENIZER,
Defendant
NO. 95-3594
AFFIDAVIT OF CONSENT
1. A complaint in divorce under section 3301(c) of the
Divorce Code was filed on July 5, 1995.
2. The marriage of the Plaintiff and Defendant is
irretrievably broken and more than ninety (90) days have elapsed
from the date of the filing of the Complaint in Divorce.
3. I consent to the entry of a final decree in divorce
without notice.
4. 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.
5. I understand that the costs of these proceedings will be
paid for by Plaintiff.
6. 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. Section 4904 relating to
unsworn falsification to authorities.
Date:
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'Chester ~. Brenizer ,.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CHESTER L. BRENIZER,
Plaintiff
v.
I CIVIL ACTION - LAW
I IN DIVORCE
I
I NO. 95-3594
DONNA M. BRENIZER,
Defendant
AFFIDAVIT OF CONSENT
1. A complaint in divorce under section 3301(c) of the
Divorce cods was filed on July 5, 1995.
2. The marriage of the Plaintiff and Defendant is
irretrievably broken and more than ninety (90) days have elapsed
from the date of the filing of the complaint in Divorce.
3. I consent to the entry of a final decree in divorce
without notice.
4. 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.
5. I understand that the costs of these proceedings will be
paid for by Plaintiff.
6. 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. Section 4904 relating to
unsworn falsification to authorities.
Date I '1lq(q (,
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.t,' 01 ,/,'t.l .) .11 J[t' 'lCJ
Donna M. Brenizer ' .
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IN 'rilE COUIlT OF COMMON PLEAS OF
CUMBEIlI,AND COUN'l'Y, PENNSYLVANIA
CHESTER L. BRENIZER,
Plaintiff
v.
CIVIL ACTION - LAW
IN DIVORCE
DONNA M. BRENIZER,
Defendant
NO. 95-3594
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(cl 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, lawye~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. 54904 relating to Unsworn
falsification to authorities.
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IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CHESTER L. BRENIZER, I
Plaintiff I
I CIVIL ACTION - LAW
v. I IN DIVORCE
I
DONNA M. BRENIZER, I NO. 95-3594
Defendant I
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(cl 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
decre~ 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. S4904 relating to unsworn
falsification to authorities.
Date I fl'.'~" ! .
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Donna M. Brenizer .'
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CHES'l'ER L. IlHENIZ1,1<, I HI '1'lIb COUIl'1' OF COMMON PLEAS OF
I'ltlilltln I CUMllI;HIJlIW COUN'I''i, PENNSYLVANIA
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v. I CIVI L AC'I'IOIl - I.J\I~
I NO. g 5- 3 594
DONNA M. DRENIZEH, I
Defond'lllt I IN IHVOIlCE
~QQ~FTbNg&-9F._>>gnY~
I, IHllialn c. Volls, Esquil'u, attorney of record for
plaintiff, Chester L. Ilrclllzer, heroby accept service of the
Answer and countel'cluim filed by the Defendant in this matter,
and verify that I um authorized to do so.
DATE4;j1)
_II I~.I [JjLr-
w~~ c. Vohs, Esquire