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HomeMy WebLinkAbout07-0567w IAClient Directory\Stombaugb-Amanda\Pleadings\Divorce Pleadings\Divorce Complaint.wpd MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 January 23, 2007 Attorneys for Plaintiff AMANDA L. STOMBAUGH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. PAUL STOMBAUGH, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for 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 the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 IAChent Directory\.Stombaugh-Amanda\Pleadings\Divorce PleadingsUvorce Complaint.wpd January 25, 2007 MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff AMANDA L. STOMBAUGH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 07- SG 7 0t u Le2. PAUL STOMBAUGH, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301Lc? OF THE DIVORCE CODE AND NOW, comes Plaintiff, Amanda L. Stombaugh, by and through her attorney, Kristopher T. Smull, Esquire, with this Complaint in Divorce, and hereby avers as follows: Plaintiff is Amanda L. Stombaugh, an adult individual, who has resided at 15 Honeysuckle Drive, Mechanicsburg, Cumberland County, Pennsylvania 17056, since 2003. 2. Defendant is Paul Stombaugh, an adult individual, who has resided at 15 Honeysuckle Drive, Mechanicsburg, Cumberland County, Pennsylvania 17056, since 2003. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 19, 2003 in York County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. IAChent Directory\Stombaugh-Amanda\Pleadings\Divorce Pleadings\Divorce Complaint.wpd January 23, 2007 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. Plaintiff avers that there are no children of the parties under the age of eighteen (18). COUNT I - DIVORCE 10. The Plaintiff avers that the grounds on which the action is based are as follows: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court enter a Decree in Divorce. Respectfully Submitted: Date: January 23, 2007 MARIA P=OGNETTI& S By: KRISTO HER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, Amanda L. Stombaugh, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. Date: A?xn? Amanda L. Stombaugh 1J T CA J V 17 _ 1?/ X ? Y MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff AMANDA L. STOMBAUGH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. PAUL STOMBAUGH, Defendant NO. 07-567 Civil Term CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby accept service of a true and correct copy of the Complaint in Divorce directed to my client, Paul Stombaugh, Defendant in the above-captioned matter, pursuant to Pennsylvania R o Civil Procedure No. 402(b). BARBARA SUMPLE-SULLIVAN Attorney for Defendant 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 DATE: Supreme Court I.D. No. 32317 ? . t^ ? O W r-c? r - _QY ... ' ?' N3 f AMANDA L. STOMBAUGH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07 - 567 PAUL STOMBAUGH, : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 29, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the 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. 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 verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. anm4j, 11? 14 J S, /924110 DATE:n e 2cl , 2007 Amanda L. Stombaugh / 1 COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF,&,6.W010iJj ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Amanda L. Stombaugh, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Affidavit of Consent are true and correct to the best of her knowledge, information and belief. Affirmed and subscribed to before me this day o ? , 2007. / Z. ? ? NOTARY PUBLIC My commission expires: (SEAL) COMMON - - NNKN Elaine L Miller, Notary PCity Of P'+tt wrgh, Alleghenmy Commission Expires OctMember, Pennsylvania Associat r-? ?` C? ° ? _ ? - ,,.. ,? , . ?. .. ? d t' .? ? ? y ? AMANDA L. STOMBAUGH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. PAUL STOMBAUGH, Defendant NO. 07 - 567 CIVIL ACTION - LAW 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 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 true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authorities. DATE: ?Uf)e , 2007 a=ja J, am&vGA Amanda L. Stombaugh COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF 1?9LC. Z d JA)? ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Amanda L. Stombaugh, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Waiver of Notice of Intention to Request Entry of a Divorce Decree Under §3301(c) of the Divorce Code are true and correct to the best of her knowledge, information and belief. Affirmed and subscribed to before me this e?` day , 2007. NOTARY PUBLIC My commission expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA tarW Seal Elaine L Miler, Notary P050 ,icy C-f Pittsburgh, AllegheWl County ny +.: ,?x`nmiss?ion Expires Oct. 29, 2009 A . _ ; , parirtayivania Association of Notaries "T2 r: CZ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 AMANDA L. STOMBAUGH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. PAUL STOMBAUGH, Defendant : NO. 07 - 567 : CIVIL ACTION -LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 29, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the 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. 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 verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: -92007 r-;? 4 Paul Stombau C i 00 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 AMANDA L. STOMBAUGH, IN THE COURT OF COMMON PLEAS Plaintiff V. PAUL STOMBAUGH, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07 - 567 : CIVIL ACTION -LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 33301(c) 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 true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authorities. DATE: (0 1 12007 ?9_ / Paul tombau ? ? `? ? ? ? -r ; t } ? . _ .,-•- ?? ??4' ) ?? _ y.. w. . +w It ; PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this / ? day of , 2007, by and between Amanda L. Stombaugh, of 35 Highland Road, Apt. 4302, Bethel Park, Allegheny County, Pennsylvania (hereinafter referred to as "WIFE") and Paul Stombaugh, of 15 Honeysuckle Drive, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on July 19, 2003, in York, York County, Pennsylvania; and WHEREAS, no children have been born of this 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 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; 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 ofthe premises and ofthe mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt ofwhich is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. -2- 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as 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 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. 4. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County, Pennsylvania to docket number 07-567, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits, Waivers or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. Said documents shall be signed The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. -3- Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in anywayby such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement at 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. -4- 7. DISTRIBUTION DATE: The transfer ofproperty, 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. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such 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 whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, 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 a testamentary gift, 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 country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or -5- for the breach of anyprovisions thereof. It is the intention of HUSBAND and WIFE to give 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. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. ADVICE OF COUNSEL: The provisions of this Agreement and its legal effect have been fully explained to the parties by their respective counsel; Kristopher T. Smull, Esquire, for WIFE and Barbara Sumple-Sullivan, Esquire, for HUSBAND. HUSBAND and WIFE acknowledge that 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. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not, at any future time, raise as a defense, or otherwise, the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. -6- S 10. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for. which the estate of the other party maybe responsible or liable except as maybe provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for 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. 11. W AS TO FUTURE OBLIGATIONS: HUSBAND and WgE covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and 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. 12. DEBT OF THE PARTIES: WIFE agrees to pay and be solely responsible for the debt on the 2005 Volvo S40 with Capital One. WIFE has previously refinanced the loan on said vehicle with BB&T and has removed HUSBAND's name therefrom. WIFE shall indemnify and hold HUSBAND harmless from any and all liability associated with said Capital One debt. WIFE hereby indemnifies HUSBAND against, and agrees to assume sole liability and responsibility for, all other debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit or herself, except as provided for herein. -7- 4 WIFE shall not and will not hereafter incur or cause to be incurred for the benefit of herself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of HUSBAND. HUSBAND agrees to pay and be solely responsible for the debt on the 2005 Jeep Grand Cherokee with First Commonwealth Bank in his name alone. HUSBAND agrees to indemnify and hold WIFE harmless from any and all liability associated with said debt. HUSBAND agrees to pay and be solely responsible for the mortgage on the parties' marital home with Countrywide Mortgage Company, which is currently in his name alone. HUSBAND further agrees to pay and be solely responsible for the debt owed to his father for the down payment on the home. HUSBAND agrees to indemnify and hold WIFE harmless from any and all liability associated with these debts. HUSBAND agrees to pay and be solely responsible for the debt of approximately $1,000.00 s31? W" for the carpeting in the marital home. HUSBAND agrees to pay said debt in full on or before Mwy-l, 2007 and to provide WIFE with proof that said debt has been satisfied. HUSBAND agrees to indemnify and hold WIFE harmless from any and all liability associated with said debt. HUSBAND hereby indemnifies WIFE against, and agrees to assume sole liability and responsibility for, all other debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself, except as provided herein. HUSBAND shall not and will not hereafter incur or cause to be incurred for the benefit of himself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of WIFE. -8- 13. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles ofpersonal property which have heretofore been used by them in common. Neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 14. DIVISION OF REAL PROPERTY: WIFE hereby agrees to waive any right, title or interest in the parties' marital residence located at 15 Honeysuckle Drive, Mechanicsburg, Cumberland County, Pennsylvania, and currently titled solely in the name of HUSBAND, in consideration of a cash payment from HUSBAND to WIFE of THIRTY-FIVE THOUSAND AND 00/100($35,000.00) Dollars. WIFE agrees to execute any and all deeds, documents or papers which may be necessary to effect said waiver of interest. If a waiver, quit claim deed or other document should be required for HUSBAND to complete a refinancing of the marital home, WIFE shall execute said document which shall be held in escrow by WIFE's attorney until the time of said refinancing. HUSBAND shall refinance the mortgage currently encumbering said property, or otherwise obtain said $35,000.00, and make said cash payment to WIFE, on or before June`% 2007. HUSBAND 2.- -9- a -9- lY' agrees to indemnify and hold WIFE harmless from any and all liability with respect to said mortgage. Should HUSBAND be unable to refinance said mortgage, or otherwise pay said $35,000.00, on or before June 18, 2007, the parties agree that the home will be listed for sale with a real estate agent agreed upon by the parties and at a price to be determined by HUSBAND and WIFE. WIFE shall cooperate fully with the listing and sale of the home and shall execute any documents necessary to carry out the intent of this paragraph. The parties agree that no reasonable offer (within 5% of the listing price) for the purchase of the home will be rejected. If, after a period of three (3) months, the property has not sold, HUSBAND and WIFE agree that the listing price shall be lowered to an amount to be suggested by the realtor, and agreed upon by the parties, based on the market conditions at the time of the reduction. WIFE shall receive her payment of $35,000.00 from the proceeds of the sale of the home. HUSBAND shall retain any remaining proceeds, after said payment to WIFE. Should the proceeds from said sale result in WIFE receiving less than $35,000.00, HUSBAND shall pay any shortfall directly to WIFE within seven (7) days of the sale. HUSBAND agrees to continue to pay all household utilities and shall be solely responsible for the payment of all taxes, insurance costs, and association fees related to the home. HUSBAND agrees to maintain the home in good condition and acknowledges that he will be responsible for all routine maintenance, as it maybe needed. Routine maintenance includes, but is not limited to, mowing the lawn, trimming trees, and general yard maintenance. In the event major repairs are required to be made for the marital home, the costs thereof shall be borne entirely by HUSBAND. -10- 15. DIVISION OFBANKACCOUNTS: HUSBAND and WIFE acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. 16. DISTRIBUTION OF INVESTMENT ACCOUNT: The parties hereby acknowledge that they have previously distributed, to their mutual satisfaction, the contents of their joint account with the online brokerage firm Sharebuilder, account # 1000-0001176809-01. WIFE acknowledges that she has received her share of the funds from said account. HUSBAND shall close said account and transfer his share of the funds to an account in his name only. The parties agree to make no further claim to the funds retained by the other and hereby waive all right, title or interest whatsoever in said funds. 17. PENSIONS, ANNUIMS AND/OR RETIREMENT BENEFITS: The parties agree that any monies which the other has acquired through their interest in either pensions, 401(K), profit sharing, savings and thrift plans, annuities and/or retirement benefits through their present or past employers shall remain their sole and exclusive property. HUSBAND and WIFE agree to waive any interest they may have in such property of the other and further agree that they will not assert any such claim in the future. -11- 18. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The 2005 Jeep Grand Cherokee shall be and remain the sole and exclusive property of HUSBAND. (b) The 2005 Volvo S40 shall be and remain the sole and exclusive property of WIFE. The titles to the said motor vehicles shall be executed by the parties, if appropriate for affecting transfer as herein provided, on the date of execution of this Agreement, and said executed title shall be delivered to the proper party on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobile. 19. AFTER-ACOUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are 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 unmarried. 20. COUNSEL FEES: Neither party shall have any liability to the other for reimbursement of attorney's fees incurred by the other party in connection with the negotiation and preparation of this Agreement or in connection with any legal or equitable proceedings between the parties which have preceded the execution of this Agreement. -12- 21. INCOME TAX PRIOR RETURNS : The parties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event any deficiency in Federal or State income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 22. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. 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 transfer and subj ect to the carry-over basis provisions of the said Act. 23. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to their support and maintenance, past, present and future. The parties release and discharge the other absolutely and -13- Id forever for the rest of their lives from all claims and demands, past, present or future, for alimony or for any provision for support or maintenance, except as specifically provided for herein. The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimonypendente lite, spousal support and counsel fees, except as specifically provided for herein. 24. EFFECT OF DIVORCE DECREE: The parties agree that, except as 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. 25. 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 reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 26. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, -14- W 41P including without limitation, dower, curtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate. Each party will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 27. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 28. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either -15- M 4 party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 29. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 30. ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 31. VOID CLAUSES: Ifanyterm, condition, clause orprovision ofthis 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 be valid and continue in full force, effect and operation. -16- 32. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 33. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 34. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. -17- 35. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. wiTrrESs ke4--, - am2n12,Z L Mew&614 'k. (SEAL) Amanda L. Stombaugh 40, S (SEAL) Pau Stombau -18- COMMONWEALTH OF PENNSYLVANIA. COUNTY OF SS: On this, the 5yday o , 20073, before me, a Notary Public, the undersigned officer, personally ared Amanda L. Stombaugh, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. r Notary Public IA COMMONWEALTH OF PENNSYLVANIA) / SS: COUNTY OF IN WITNESS WHEREOF, I hereunto set my hand C;OMMONWE ? ? Elaine L Miuer , p Notary P?YLVAN ub1 County C'?y -. Eo ? 29 2009 Ivania Association of Notaries Member, Pennsy 007 On this, the day of Jtz? - , 2, before me, a Notary Public, the known undersigned officer, personally appe ed Paul Stambaugh, to me (or satisfactorily proven) to Property Settlement Agreement and be the person whose name is subscribed to the foregoing acknowledged that he executed the same for the purposes therein contained. Notary Public NOTARIAL SEAL BARBARA SUMPLE-SULLIVAN Notary Public NEWCUMBERLAND BOROUGH -19- CUMBERLAND COUNTY My Commission Expires Nov 15, 2007 Z.5 L CO of +, Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Petitioner AMANDA L. STOMBAUGH, Plaintiff V. PAUL STOMBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07 - 567 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service dated February 5, 2007. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: June 29, 2007; by Defendant: June 14, 2007. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated June 14, 2007 and incorporated, but not merged, into the Decree. See paragraph 5, page 4 of the Agreement. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with Prothonotary: July 10, 2007. Date Defendant's Waiver of Notice in §33c ?ivorce was filed with Prothonotary: July 10, 2007. /? Dated: July 9, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Defendant Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Petitioner AMANDA L. STOMBAUGH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07 - 567 PAUL STOMBAUGH, : CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Ms. Amanda L. Stombaugh 35 Highland Road, #4302 Bethel Park, PA 15102 DATED: July 9, 2007 Barbara gumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Defendant ? v?? ? `? _...? ?- ? ? ,^,,,,, -r-, t "; ? :: C, ,,,.:?.. :? ._.? ? i? .Y' ? ? t a:..-. ... ; ,?,,,? 'br'a ?c.+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. AMANDA L. STOMBAUGH, Plaintiff VERSUS PAUL STOMBAUGH, Defendant No. 07 - 567 DECREE IN DIVORCE 1 Q AND NOW, 2007 TES \?-1 I IT IS ORDERED AND Amanda L. Stombaugh DECREED THAT AND Paul Stombaugh 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; All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated June 14, 2007 and incorporated, but not merged, into the Decree. BY THE COU ATTEST U , -1 PROTHONOTARY Aff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Afnn C,id a L . _ ;hcwah . P?tiff Vs File No. D 7 -5-67 IN DIVORCE Pa u I Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marling "x"] prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated Sul hereby elects to resume the prior surname of S rn t and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Date: 116 /O Signature ?- (311?0 )-- 5fMA-1 Signature of name being resumed COMMONWE TH OF PENNSYLVANIA ) COUNTY O/F? On the /b? clay of 2001 before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. ` Notary Public COMMONWEALTH OF PENNSYLVANIA L Notarial Seal Elaine L Miller, Notary Public City OI Pittstwrgh, Allegheny County My Commission Expires Oct. 29, 2009 Member, Pennsylvania Association of Notaries r 4 y 17T I