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HomeMy WebLinkAbout07-1013 ANGELA A. RUNK, Plaintiff V. VERNON L. RUNK, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 67-1013 Civi CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND 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 with twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may also be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested 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, Carlisle, 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-31166 Paul J. Esposito, Esquire Goldberg Katzman, P.C. PO Box 1265 Harrisburg, PA 17108-1265 717-234-4161 ANGELA A. RUNK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. d 7- VERNON L. RUNK, JR., : CIVIL ACTION -LAW Defendant : IN DIVORCE WAIVER OF COUNSELING ANGELA A. RUNK, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require my spouse and I to participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. : j' - Date: February 22, 2007 ANGE A. RUNK Paul J. Esposito, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 ANGELA A. RUNK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. ©7' ""3 V. VERNON L. RUNK, JR., : CIVIL ACTION -LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff, ANGELA A. RUNK, is an adult individual, who currently resides at 15 Cedar Cliff Drive, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, VERNON L. RUNK, JR., is an adult individual, who currently resides at 15 Cedar Cliff Drive, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff avers that she has been a bona fide resident in the Commonwealth of Pennsylvania for a period of at least six (6) months previous to the filing of this Complaint. 4. The parties were married on August 21, 2004, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment filed by either of the parties hereto. 6. Plaintiff has been advised of the availability of counseling and that Plaintiff has the right to request that the Court require the parties to participate in counseling. r 7. Plaintiff requests the court to enter a decree of divorce. COUNT1 8. The averments of paragraphs 1 through 7 herein are hereby incorporated by reference thereto. 9. The marriage is irretrievably broken. COUNT II 10. The averments of paragraphs 1 through 9 herein are hereby incorporated by reference thereto. 11. Plaintiff and Defendant have acquired property, during their marriage until the date of their separation, which property is marital. 12. Plaintiff requests this Court to preserve her right to have all marital property of the parties equitably distributed. WHEREFORE, Plaintiff prays Your Honorable Court to: a) Enter a Decree in Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between Plaintiff and Defendant; and b) Order equitable distribution of marital property; and c) Order such other relief as the Court deems just and reasonable. GOLDBERG KATZMAN, P.C. Date: February 22, 2007 Paul J. spo `to Attorney I.D. #25454 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161., (717) 234-6808 (facsimile) Attorney for Plaintiff VERIFICATION I verify that the statements contained in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: February 22, 2007 ANGELA . RUNK n ? a v,•-, O r, era r7i -TI o .yam b C.3 oo -? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANGELA A. RUNK Plaintiff Vs : File No. 07-1013 Civil VERNNN L. RUNK, JR. Defendant IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff,' in the above matter, [select one by marking "x"] X prior to the entry of a Final. Decree in Divorce, or after the entry of a Final Decree in Divorce dated , hereby elects to resume the prior surname of Kelly , and gives this written notice avowing/ her intention pursu t to the provi ions of 54 P.S. 744, Date: 3/1/2007_ Signature AV f) ?' A 6 L:: ? Si e of name bei r sumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF On the day of 200, 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. Y 11-? ? - ?' L-, d '/'?/ I I , a r Notary Public COMMONWEALTH OF PENNSYLVANIA Notadat Seal Helen A Clark, Notary Public Cky Of HanMn, Dauphin County My Oonvnissfon hires June 28,2010 Member, Pennsylvania >s. oci7tro ^f Notaries P a ? w ca a V, c.,:p Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234.4161 (facsimile) Counsel for Plaintiff ANGELA A. RUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. V ERA d G'N' L. RUNIK. J R., Defendant NO. 07-1013 HIV I;., r"?CTICPv - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, VERNON L. RUNK, JR., Defendant, acknowledge that I received a copy of the Complaint in Divorce which was filed with the Court on February 23, 2007, in the above-referenced matter by personally accepting service thereof. f Date: 2007 Ali VERNON L. RUNK, JR., DEFE ANT s Cl ?? Paul J. Esposito, Esquire I.D.#25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) ANGELA A. RUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1013 Civil VERNON L. RUNK, JR., CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA Kindly withdraw the claim contained in the Complaint for Divorce, Equitable Distribution of Marital Property - Count II, filed in behalf of Plaintiff in the above-captioned action. Dated: '2007 GOLDBERG KATZMAN, P.C. / '// lvia C PAUL YES YOSITO, ESQUIRE Supreme Court ID #25454 P.O. Box 1268 Harrisburg, PA 17018-1268 Attorneys for Plaintiff CERTIFICATE OF SERVICE _2?34 1414?4.A" On this day of V , 2007, I certify that a copy of the foregoing was served upon the following party or counsel of record by delivering same in the manner indicated, addressed as follows: VIA FIRST CLASS MAIL Nora F. Blair, Esquire Law Offices of Nora Blair 5440 Jonestown Road Harrisburg, PA 17112 Attorney for Defendant GOLDBERG KATZMAN, P.C. Paul J. E o ' o Supreme Court ID #25454 Attorneys for Plaintiff N t?.J 'v6 Paul 1. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Plaintiff ANGELA A. RUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1013 Civil VERNON L. RUNK, JR., CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on February 23, 2007. 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. Section 4904, relating to unsworn falsification to authorities. Date: ? - , (?=" U-1 A. KELLY, FormeAy'ANGELA A. ..3 (.? C? :y? ` ?.J f?, "Cl i?? r ?? {'- 1_. .: ? ? ?. Yµ1 ?_?~? . }S t ?h '?` .?. Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Plaintiff ANGELA A. RUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. VERNON L. RUNK, JR., Defendant NO. 07-1013 Civil CIVIL ACTION - LAW IN DIVORCE AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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 statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: eD - ? ? 0 9n Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Plaintiff ANGELA A. RUNK, Plaintiff V. VERNON L. RUNK, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1013 Civil CIVIL ACTION - LAW IN DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on February 23, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. 1 have been advised of the availability of marriage counseling and I understand that I may request that the Court require that my spouse and I participate in counseling. I understand that the Court maintains a list of marriage counselors, which list is available to me upon request. Being so advised, I do not request that the Court require my spouse and I to participate in counseling prior to a divorce being handed down by the Court. 5. I acknowledge that I received a copy of the Complaint in Divorce on or about March 5, 2007, via Acceptance of Service executed by me. 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: h ?1 /6 7- ? ?. / " 0 A-/ VERNON L. RUNK, JR. C?1 rv ? C7 Cj Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Plaintiff ANGELA A. RUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. VERNON L. RUNK, JR., Defendant NO. 07-1013 Civil CIVIL ACTION - LAW IN DIVORCE AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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 statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 71 L 7 I.V21 VERNON L. RUNK, JR. r? (wl ? ? ?-? t ?` a.. a ?.? ?? ?? _ +.a ter..} t.v C°?.'3 .w-? --x ) ?- ., y, ?. i?? 1 (?} rY y_1 v' ANGELA A. RUNK, Plaintiff V. VERNON L. RUNK, JR., Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1013 CIVIL ACTION -- DIVORCE MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this day of - 2007, by and between VERNON L. RUNK, JR., hereinafter referred to as " usband' , and ANGELA A. KELLY, formerly, ANGELA A. RUNK, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on August 21, 2004; WHEREAS, the parties hereto separated on or about February 21, 2007; WHEREAS, there were no children born during this marriage; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them r plating to the ownership of real and personal property, the equitable distribution of such L. A, a--- property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable considerations, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. 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 if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to or which may occur subsequent to the date hereof. 2. 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 the parties. It is the intent of the parties hereto that this Agreement shall create contractual rights and obligations entirely independent of any Court Order and that this Agreement may be enforced by contract remedies in addition to any other remedies which may be available pursuant to the terms of this Agreement or otherwise under law or equity. ?)' L " ?- 2 3. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated, but not merged, into any divorce decree which may be entered with respect to them. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions thereof. 4. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed this 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. 5. ADVICE OF COUNSEL. The provisions of this Agreement and its legal effect have been fully explained to Husband by his attorney, Nora F. Blair, Esquire. The provisions of this Agreement and its legal effect have been fully explained to Wife by her attorney, Paul J. Esposito, Esquire. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, 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. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. Each party agrees that he and she shall not, at X1- 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. The parties further acknowledge that as a part of the settlement negotiations between the parties, each party has disclosed to the other party all assets owned by the disclosing party having a value in excess of five hundred dollars ($500.00) and further that neither party has failed to disclose assets having a total value of more than two thousand dollars ($2,000.00). 6. PERSONAL RIGHTS. Husband and Wife, at all times hereafter, may and shall live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other or compel or attempt to compel the other to cohabit or dwell, by any means or in any manner whatsoever, with him or her. 7. SUBSEQUENT RECONCILIATION. The parties agree that the terms of this Agreement shall not be affected by their subsequent cohabitation or resumption of marital relations, unless the parties otherwise specifically agree in writing. 8. MUTUAL RELEASES. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, 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 vl?'A' 4 4(1?-- whatever nature or wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of the other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of the other or by way of dower or curtest', 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 Pennsylvania, any State, Commonwealth or territory of the United States, or any other 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, property division, costs or expenses, whether arising as a result of the marital relation or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other with or upon 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. 5 A` 9. BANK ACCOUNTS AND RETIREMENT ACCOUNTS. Husband and Wife are the owners of individual bank accounts, retirement accounts, pensions, employee savings plans and stock bonus plans. Husband and Wife agree that each account or plan shall be the sole and separate property of the person in whose name the account is titled and each party waives any right, title or interest they may have in the other party's accounts or plans. Specifically Wife shall retain as her sole and separate property her Commerce Bank accounts and her Goldberg Katzman, P.C. 401(k) Plan account; and Husband shall retain as his sole and separate property his PSECU accounts and his International Paper Salaried Savings Plan/ International Paper Savings Plan. Both parties agree to execute any documents necessary to effectuate this paragraph. 10. PERSONAL PROPERTY. Husband and Wife have accumulated various tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. The parties have divided their personal property to the satisfaction of both parties. Each party shall retain as their sole and separate property his or her clothing, jewelry, other items of personalty, and all other property currently in his or her possession except as indicated in this Agreement. The parties do hereby specifically waive, release, renounce and forever abandon whatever claim, if any, he or she may have with respect to items which shall become the sole and separate property of the other. 11. 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 I V, "?' 6 and for all purposes, as though he or she were unmarried. Further each of the parties waives and relinquishes any right, title and interest which either may have in such property acquired by the other party since separation. Should it become necessary for either party to execute any titles, deeds or similar documents to give effect to this paragraph, it shall be done immediately upon the request of the other party. 12. REAL ESTATE. The parties were the owners of a house located at 15 Cedar Cliff Drive, Lower Allen Township, Cumberland County, Pennsylvania. The real estate has been sold and the proceeds placed in an escrow account by Paul J. Esposito, Esquire. As of July 20, 2007, the balance of the escrow account was $ 32,804.97. The parties agree that Five Thousand Dollars ($5,000.00) shall be held in the escrow account and distributed as indicated in paragraph 13 below. The remainder of the account shall be equally divided between Husband and Wife. By signing this Agreement, the parties direct Paul J. Esposito, Esquire, to distribute the funds as indicated in this Agreement. Husband shall claim the mortgage interest and real estate taxes for federal tax purposes for 2007. 13. AUTOMOBILES. The parties are the owners of three automobiles and one motorcycle. The 2007 Volkswagen Rabbit that was purchased after separation shall be Wife's sole and separate property. Wife shall be solely responsible for the payment of any loan on her vehicle. Wife agrees to indemnify and hold Husband harmless for and against any and all claims arising out of Wife's failure to make payments as specified in this paragraph. The 2005 Saturn Vue and the 2000 Yamaha motorcycle shall be Husband's sole and separate property. Husband shall be solely responsible for the payment of any loan on his vehicles. Husband agrees to indemnify and hold Wife harmless for and against any and all claims ?7 arising out of Husband's failure to make payments as specified in this paragraph. During the marriage the parties purchased a 2003 Mini Cooper. The Mini Cooper is currently listed for sale. The Mini Cooper is titled to Husband and the loan is in Husband's name alone. Husband has made the payments in the amount of $467.09 for the months of March, April, May, June, and July, 2007, and a late payment for March, 2007, in the amount of $18.62. The balance of the loan as of July 27, 2007, was $19,215.08. The parties expect that the balance of the loan will exceed the purchase price for the vehicle. The parties agree that the $5,000.00 that will be retained in the escrow account pursuant to paragraph 12 above shall be used to pay the difference in the sales price of the Mini Cooper and the loan payoff. If there are funds remaining after payment of the shortfall, Husband shall be reimbursed for the payments and late fees that he made on the Mini Cooper from and including March, 2007, to the date the Mini Cooper is sold and for the advertising costs he has incurred or incurs in placing the Mini Cooper for sale. If there are not sufficient funds to reimburse husband as indicated above, Husband shall accept as payment in full the funds available in the escrow account after payment of the shortfall on the Mini Cooper loan. If there are any funds remaining in the escrow account after payment of the loan shortfall and reimbursement of Husband as indicated above, the parties agree that the funds shall be equally divided between the parties. Each party agrees to execute all documents necessary to implement this paragraph. 14. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the 8 -h?-, debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 15. LIFE INSURANCE. The parties are the owners of various life insurance policies. The life insurance policies shall be the sole and separate property of the insured. 16. CURRENT LIABILITIES. The parties have accumulated various debt during the marriage. Wife shall be solely responsible for the payment of any and all debt that is in her name including the Merrick Bank credit card ending in 4241; the USAA Savings Bank credit card account ending in 0607; the Orchard Bank credit card account ending in 3795; the Applied Card Bank credit card ending in 2688; the county and township per capita tax; the federal income tax for 2005; and all other debt in her name alone. Husband shall be solely responsible for payment of any and all debt that is in his name alone. Husband and Wife have either canceled or divided all jointly held credit cards, and they shall be fully and solely responsible for the credit cards, other debts and loans as stated above. Except as otherwise specifically stated in this Agreement, Husband shall be entirely and solely liable for 9 ?I! any past, present and future balances due on his credit cards, other debts and loans of any nature whatsoever, and he shall fully indemnify Wife with regard to same. Except as otherwise specifically stated in this Agreement, Wife shall be entirely and solely liable for any past, present and future balances due on her credit cards, other debts and loans of any nature whatsoever, and she shall fully indemnify Husband with regard to same. If either party incurs any debt on a credit card titled to both parties after the date of the parties' separation, the party making the charge shall be solely responsible for payment of the charge amount and any accumulated interest. Each party agrees to indemnify and hold the other party harmless for and against any and all claims arising out of the party's failure to make payments as specified. 17. TAX CONSEQUENCES: The parties believe and agree, and have been so advised by their respective attorneys, if any, that the division of property heretofore made in this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Neither party will take any positions, on his or her federal or state income tax returns, with respect to the adjusted basis of the property assigned to him or her, or with respect to any other issue, which is inconsistent with the position set forth in this Agreement. 18. TAX RETURNS. The parties agree that in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either party in connection with the filing of a joint federal, state or local income tax return for prior years, the parties shall equally share any loss or liability in connection with such tax deficiency, including counsel fees and such tax, interest, penalty or expense associated therewith, unless and only unless said tax, interest, penalty or expense is finally determined to be attributable to ?,L,R 10 misrepresentations or failure to disclose the nature and extent of either party's separate income on joint returns, in which case any and all liability, cost or expense shall be the sole responsibility of the party responsible for the misrepresentation or failure to disclose the nature and extent of separate income. 19. WAIVER OF PAYMENT OF LEGAL FEES. Wife shall be solely responsible for payment of her legal fees. Husband shall be solely responsible for payment of his legal fees. Each party waives the right to have the other party pay any of their legal fees or costs. 20. ALIMONY AND ALIMONY PENDENTE LITE. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for any alimony, alimony pendente lite, support or maintenance. It shall be, from the execution of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any additional support from the other party. The parties agree that the terms of this Agreement provide for payment by one spouse for or on behalf of the other spouse and that such payments are necessary for the support and maintenance of the other spouse. 21. WAIVER OF BENEFICIARY DESIGNATIONS. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme. The parties by the terms of this Agreement specifically waive the rights of spouse beneficiaries established by V L" g, 11 l?- federal or state statute including ERISA. Each party expressly states that it is his or her intention to revoke by the terms of this Agreement any beneficiary designations naming the other party which are in effect as of the date of execution of this Agreement. If the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Not withstanding the foregoing, however, in the event that either party hereto specifically designates the other party as a beneficiary after the date of execution of this Agreement, then this waiver provision shall not bar that party from qualifying as such beneficiary. 22. DIVIDED ASSETS. The parties agree to divide all of their assets including but not necessarily limited to real estate, financial accounts, cash, retirement funds, motor vehicles, personal effects and household contents as set forth in this Agreement. Husband and Wife hereby assign all of their respective rights, title and interest to the other as to the divided assets as set forth in this Agreement. Husband shall be the sole and exclusive owner of such assets as divided herein and designated for Husband. Wife shall be the sole and exclusive owner of such assets as divided herein and designated for Wife. 23. MUTUAL CONSENT DIVORCE. The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that a complaint in divorce has been filed in Cumberland County. The parties agree to have the divorce decree entered in that case pursuant to Section 3301(c) of the Pennsylvania Divorce Code, Act 26 of 1980, as may be amended (herein referred to as the Code). Accordingly, both parties agree to execute such stipulations, consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such stipulations, consents, affidavits, or other documents as may be V R, 12 necessary to proceed to obtain a divorce pursuant to said Section 3301(c) of The Code. Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 24. WARRANTY AS TO EXISTING OBLIGATIONS. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations 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 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. 25. WARRANTY AS TO FUTURE OBLIGATIONS. Husband and Wife each 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. 26. 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. 27. 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 &S. 13 other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 28. LAWS OF PENNSYLVANIA APPLICABLE. 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. 29. AGREEMENT BINDING 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. OTHER DOCUMENTATION. Husband and Wife covenant and agree that they will forthwith (and within no more than ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement and make any transfers of property required to be made by this Agreement within ten (10) days of a request to do such. 31. 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 default or breach of any provision hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 32. ENFORCEMENT OF AGREEMENT. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for 14 damages for such breach or to require specific performance. The party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other party in enforcing their rights under this Agreement or for seeking such other remedies of relief as may be available to him or her. 33. 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 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 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. 34. 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and yeapfirst above written. SS WITNESS VERNON L. RUNK, JR. ANGE former Ve L )2)?. 15 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN :ss. On this, the day of , 2007, before me a Notary Public of the Commonwealth of Pennsylvania, personally appeared ANGELA A. KELLY, formerly, ANGELA A. RUNK, 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 official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Helen A. Clads, Notary Public City Of Harrisburg, Dauphin County My Co nmission Bores June 28, 2010 Member, Penns*snia Association of Notaries V.-Lx' 16 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN :ss. On this, the = day of A ,,,, r "I , 2007, before me, a Notary Public for the Commonwealth of Pennsylvania, personally appeared VERNON L. RUNK, JR., 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. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Kot6ry Public OF PE _SYLVANIp IH NN COMMOMWM ?T?No SEAL Public NORA F. BL?1R, O? County LOW Paluct? '?'' June 6. 2011 Nly Commtission Expkes Vf 1, R 17 Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel or Plaintiff ANGELA A. RUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. VERNON L. RUNK, JR., Defendant NO. 07-1013 Civil CIVIL ACTION - LAW IN DIVORCE AND CUSTODY 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: March 5, 2007, via Acceptance of Service executed by Defendant. 3. (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff on August 16, 2007 ; by Defendant on August 17, 2007 (b)(1) Date of execution of the Affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of Plaintiff s Affidavit upon the Defendant: 4. Related claims pending: 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff s Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: August 24, 2007 Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: August 24, 2007 I? Attorney for in } i ?.? .J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ANGELA A RUNK, Plaintiff VERSUS VERNON L. RUNK, JR., No. 07-1013 civil DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT ANGELA A. RUNK , PLAINTIFF, AND VERNON L. RUNK, JR. DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; AND IT IS FURTHER ORDERED AND DECREED, that the terms, provisions and conditions of a certain Marital Settlement Agreement between the parties dated August 17, 2007, are hereby incorporated in this Decree by reference as fully as though the same were set forth herein at length. Said Agreement shall not merge with, but -ball ,,;tTO tb; s Decrea BY THE COURT: '?\ --t ATTEST: J PROTHONOTARY "***w Lo-Ll -d L©- L I _?o