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HomeMy WebLinkAbout07-1105r CAROLE E. ROBINSON IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERALND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW : DIVORCE VERNON E. ROBINSON ` Defendant :No. D7- J??j? Cam,/ NOTICE TO DEFEND AND CLAIM RIGHTS 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 the Court may enter a decree of divorce or annulment against you. A judgment may also be entered against you for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. When the grounds for divorce include indignities or irretrievable breakdown of marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOOSE THE RIGHT TO ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA 17013 (717) 249-3166 Y 40 CAROLE E. ROBINSON Plaintiff V. VERNON E. ROBINSON Defendant IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. d -7 - f' 6- CIVIL TERM : IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the Court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. 40 CAROLE E. ROBINSON Plaintiff V. VERNON E. ROBINSON Defendant : IN THE COURT OF COMMON PLEAS : CUMBERALND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : DIVORCE . No. COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE Carole E. Robinson, Plaintiff, by and through her attorney, Valerie J. Faden, Esquire, respectfully represents: 1. The Plaintiff is Carole E. Robinson, an adult individual currently residing at 19 S. West Avenue, Shiremanstown, Cumberland County, Pennsylvania 17011. 2. The Defendant is Vernon E. Robinson, an adult individual currently residing at 4146 Nantucket Drive, Mechanicsburg, Cumberland County Pennsylvania 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period in excess of six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on July 4, 1992 in Clarks County, Virginia. 5. The parties were previously married to each other on December 18, 1971 in Cumberland County, Pennsylvania and subsequently divorced from each other in December of 1990. There are no other actions of divorce or annulment between the parties in this or any other jurisdiction. 6. Plaintiff and Defendant separated on or about July 12, 2004. or 7. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c) - the marriage of the parties is irretrievably broken. B. Section 3301(d) - the marriage of the parties is irretrievably broken. 8. This action is not collusive. 9. The parties plan to enter agreements for the resolution of their divorce and equitable distribution issues through the collaborative process. 10. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request that this Honorable Court require the parties to participate in counseling. 11. Plaintiff does not request the Court to require the parties to participate in marriage counseling prior to a divorce decree entered by this Honorable Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a final decree in divorce. Date: oZ/o?3/D -7 Respectfully submitted, By: Valerie J. Fade squire I.D. # 87442 676 Villa Vista Avenue Lewisburg, PA 17837 (570) 523-2026 VERIFICATION I, Carole E. Robinson, do verify that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ?d 0x - Carole E. Robinson 511 _n a CAROLE E. ROBINSON Plaintiff V. VERNON E. ROBINSON Defendant : IN THE COURT OF COMMON PLEAS : CUMBERALND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : DIVORCE No. 07-1105 CIVIL ATTORNEY'S ACCEPTANCE OF SERVICE I, Dawn S. Sunday, Esquire, counsel for Defendant in the above-captioned action, hereby accept service of the Notice to Defend and Claim Rights, Notice of Availability of Counseling, and Complaint in Divorce in the above-captioned action on the Jr day of 2007 on Defendant's behalf and hereby acknowledge that I am authorized to do so. Dawn S. Sunday Attorney ID.# 9 Sy Sunday & Sunday 39 W. Main Street Mechanicsburg, PA 17055 (717) 766-9622 r.3 d ? ? ,.:,? - ; ._.- - £? ? -' --?s `? 4?. , _.. _ y` , , ? ^ , Q Y y CAROLE E. ROBINSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. ;007-1105 CIVIL TERM VERNON E. ROBINSON, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER 3301 c OF T E DIVORCE CODE AND WAIVER OF OUNSELING 1. A Complaint in Divorce under §3301 ( c ) of the Divorce Code was filed on February 28, 2007 and served on March 5, 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. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are t ue and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to author ties. Date: /F?yG?Te?Q07 \/crnnn ? Qni?inonn 1. I consent to the entry of a final Decree of Divorce without notice 2. 1 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. 1 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: /7 ' - Vernon-, E. Robinson UP f -" -c rr ! C ? CAROLE E. ROBINSON, IN THCOURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 007-1105 CIVIL TERM VERNON E. ROBINSON, , Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER 3301 c OFT E DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under §3301 ( c ) of the Divorce Code was filed on February 28, 2007 and served on March 5, 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. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are t?ue and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: Carole E. Robinson 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: Carole E. Robinson ra ,r. ? ?' -`mac c,? r 4 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this Igtday of Q2007 by and between CAROLE E. ROBINSON of Cumberland County, Pennsylvania (hereinafter referred to as CAROLE), and VERNON E. ROBINSON of Cumberland County, Pennsylvania (hereinafter referred to as VERNON), WREREAS, CAROLE and VERNON were lawfully married on July 4, 1992 in Clarks County, Virginia; and W3EREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of CAROLE and VERNON to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to past, present and future support and alimony; and in general, the settling of any and all claims by one against the other or against their respective estates; and WBERF'nS, VERNON and` CAROLE and their respective counsel entered into a Collaborative Law Participation Agreement dated March 1, 2005, and have used the Collaborative Law Process in 1 negotiating this Agreement. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, CAROLE and VERNON, each intending to be legally bound, hereby covenant and agree as follows: 1. Separation: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party 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, or in any way harass or malign the other, nor in any way interfere with the peaceful existence of the other, while living separate and apart. 3. Subsequent Divorce: The parties acknowledge that CAROLE filed a Complaint in Divorce in Cumberland County, Pennsylvania on February 28, 2007, claiming that the marriage is 2 r , irretrievably broken under the no-fault mutual consent provisions of Sections 3301(c) and (d) of the Pennsylvania Divorce Code. After expiration of the mandatory waiting period, both parties agree to consent to the divorce and to execute an Affidavit of Consent and a Waiver of Notice so that a Decree in Divorce can be entered by the Court. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code. It is 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. Should a decree, judgment or order of separation or 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 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. It is specifically agreed that a copy of this Agreement, or the substance of the provisions thereof, may be incorporated by reference, but not merged, into any divorce, judgment or decree. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever 3 binding and conclusive upon the parties. 4. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the day upon which it is executed by the parties if they have each executed the agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. Distribution Date: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date" which shall be defined as specified herein. 6. Mutual Release: VERNON and CAROLE each do hereby mutually remise, release, quitclaim 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 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 whatever nature and wheresoever situate, 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, agreements 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 4 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 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 relations or otherwise, except, all rights and obligation of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of VERNON and CAROLE to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all right 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 5 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. 7. Advice of Counsel: The provisions of this Agreement and their legal effect have been fully explained to CAROLE by her attorney, VALERIE J. FADEN, ESQUIRE, and to VERNON by his attorney, DAWN S. SUNDAY, ESQUIRE. VERNON and CAROLE acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily 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, pursuant to their Collaborative Law Participation Agreement, they have each made to the other a full an 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 8. Warranty as to Existing Obligations: Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any 6 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 obligation arising out of this Agreement. 9. bI RITAL DEBTS: CAROLE and VERNON acknowledge that they had marital debts, including, but not limited to, the joint mortgage on the marital residence located at 4146 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania, with National City Mortgage in the approximate amount of $104,236.00 as of December, 2006; the second lien on the marital residence with M&T Bank in the approximate amount of $29,679.00, as of December 2006,and outstanding balances on several accounts, all of which were the subjects of a Chapter 13 bankruptcy action which has been fully satisfied and concluded. The remaining debts include any loans on CAROLE's 2007 Saturn Vue and VERNON's 2002 F-350. 10. Warranty as to Future Obligations: CAROLE and VERNON 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. 7 11. Marital Residence: During their marriage, the parties owned, as tenants by the entireties, real property located at 4146 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania (the "Property"). By agreement between the parties, VERNON obtained refinancing on the Property in his sole name, satisfied the parties' joint first mortgage with National City Mortgage in the approximate amount of $104,236.00, and the joint second mortgage with M&T Bank in the approximate amount of $29,679.00 and paid the remaining balance due on the parties' bankruptcy in the approximate amount of $26,364.00 to the Trustee in Bankruptcy. Also pursuant to the parties' agreement CAROLE and VERNON executed a deed on January 17, 2007 transferring the Property to VERNON's individual name. Beginning on January 17, 2007, VERNON agrees to assume sole and exclusive responsibility for payment of all expenses associated with the Property including, but not limited to, the mortgage, taxes and insurance. 12. Personal Property: CAROLE and VERNON agree that they have divided their personal property to their satisfaction, with the exception of certain books, which CAROLE will obtain from the marital residence at a time arranged by agreement. VERNON and CAROLE agree that this division of property is mutually acceptable to them, and they both waive their rights to have the personal property appraised. Neither party shall make any claim to any such item of marital property, or of the separate 8 personal property of either party, except as provided for in this Agreement. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. 13. Bank Accounts: The parties agree that CAROLE shall become the sole and exclusive owner of any and all bank accounts in her individual name, and that VERNON shall become the sole and exclusive owner of any and all bank accounts in his individual name. All banks accounts previously held in joint names have been depleted for payment of joint expenses and closed. 14. Pension/Retirement Benefits: The parties acknowledge that both have retirement benefits as follows: (a) Norfolk Southern Vanguard Retirement Plan in VERNON's individual name with an approximate balance of $2,863.51 as of June 30, 2004; (b) Tier I and Tier II Railroad Retirement Board Benefits in VERNON's individual name in the estimated monthly (non-binding estimate provided by the Railroad Retirement Board on August 2, 2004) amounts of $1,683.00 and $826.00 respectively, and monthly net supplemental annuity, effective September 2007 of $43.00; (c) Select Medical Corporation 401(k) Plan in CAROLE's individual name with an approximate balance of $13,268.78 as of June 30, 2004; 9 The parties agree that each shall retain the retirement benefits currently in his or her name as his or her separate and individual property. VERNON waives any and all rights to any interest in CAROLE's retirement benefits listed above and CAROLE waives any and all rights to any interest in VERNON's retirement benefits listed above. This provision is not intended to preclude CAROLE from applying for, or receiving Tier I benefits if CAROLE qualifies by virtue of her marriage to VERNON upon her retirement. 15. Life Insurance: The parties agree that CAROLE shall retain her Metropolitan Life Insurance policy with a cash value of approximately $1600.00 as her sole and separate property. 16. Motor Vehicles: The parties agree that CAROLE shall have sole and exclusive ownership and possession of the 2007 Saturn Vue which she purchased after separation. CAROLE assumes sole responsibility for payment of any loans or insurance premiums associated with the vehicle. The parties agree that VERNON shall have sole and exclusive ownership and possession of the 2002 F-350, in VERNON's individual name and, if he chooses to retain it, the 2002 Holiday Rambler. VERNON assumes sole responsibility for payment of any loans or insurance premiums associated with either of the vehicles. 17. After Acquired Personal Property: Each of the parties shall hereafter own and enjoy, independently of any claims or 10 right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 18. Applicability of Tax Law to Property Transfers: The parties hereby agree and express their intent that any transfers of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (herein the "Act"), specifically, the provisions of said Act pertaining to transfers of property between spouses or 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 subject to the carry-over basis provisions of said Act. 19. Waiver of Spousal Support, Alimony, Alimony Pendente Lite and Legal Fees: CAROLE and VERNON waive any rights they may have to spousal support, alimony and alimony pendente lite. The parties shall each be responsible for paying their own legal fees with the exception that the parties shall equally share any filing fees associated with the Divorce Complaint. 20. Medical Insurance: VERNON agrees that he shall continue to provide medical insurance for CAROLE until such time as the divorce is finalized so long as it is available to him at a 11 reasonable cost through his employer. 21. Income Taxes: CAROLE and VERNON acknowledge that they have filed joint state and federal income tax returns for the 2006 tax year. The parties shall equally share any refunds or tax liabilities for the 2006 tax year. 22. Full Disclosure: CAROLE and VERNON each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever and of every type whatsoever in which such party has an interest, and of all other facts relating to the subject matter of this Agreement. 23. Disclosure and Waiver of Procedural Rights: Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have the Court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Both parties waive the following procedural rights: a. The right to obtain an Inventory and Appraisement 12 of all marital and separate property as defined by the Pennsylvania Divorce Code; b. The right to obtain an Income and Expense Statement of the other party as provided by the Pennsylvania Divorce Code; C. The right to have the Court determine which property is marital and which is non-marital and equitably distribute between the parties that property which the Court determines to be marital; d. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite, counsel fees, costs and expenses. 24. 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. 25. Mutual Cooperation: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the' 13 provisions of this Agreement. 26. Applicable Law: 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. 27. Agreement Binding on Heirs: This Agreement shall be binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 28. Integration: 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. 29. Other Documentation: The parties agree that they will promptly 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. 30. No Waiver on 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 14 or breach of any provisions 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. 31. 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 his or her obligation under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 32. Enforcement of Agreement: If either party believes that the other party has breached any provision of this Agreement, the parties agree to return to the Collaborative Law Process to resolve the issue. If the parties are unable to resolve the issues through the Collaborative Law Process, a 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. 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. 15 r 33. Headings Not Part of Agreement: Any heading 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 this day and year first above written. ate Valeri aLCAiRO:LEk. ROBINSON Witnes l ! C) - ate Dawn S. Sunday, Es VERNON E. R SON Witness t 16 C7 -rti . -T t r ?l? CAROLE E. ROBINSON, Plaintiff V. VERNON E. ROBINSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DIVORCE No. 2007-1105 PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: 1. Grounds for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: Attorney's Acceptance of Service executed on March 5, 2007 and filed on March 12, 2007. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: October 18, 2007; by Defendant: October 18, 2007. 4. Related claims pending: NONE. The terms of the Marital Settlement Agreement executed by the parties are incorporated but not merged into the Decree in Divorce 5. Date Plaintiff's and Defendant's Waivers of Notice were filed with the Prothonotary: October 24, 2007. DATE: October 25, 2007 Valerie J. Fad squire I.D. # 87442 676 Villa Vista Avenue Lewisburg, PA 17837 (570) 523-2026 Attorney for Plaintiff r-? F . , -r .- - Y -. ?" =D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Carole E. Robinson, Plaintiff VERSUS Vernon E. Robinson Defendant No. 2007-1105 Civil DECREE IN DIVORCE AND NOW, (!a,;4 Q16!e% IT IS ORDERED AND DECREED THAT Carole E. Robinson AND Vernon E. Robinson 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; There are no claims pending. The terms of the Marital Settlement Agreement executed by the p ies ncor orated but not merged into the Decree in D' orce. BY THE URT: is& -- 1%f ATTEST: _ J. PROTHONOTARY 2