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HomeMy WebLinkAbout03-1332Carolyn J. Bunner : Plaintiff: : VS. : : James C. Bunner : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgement may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counselling. A list of marriage counselors is available at: The Office of the Prothonotary, Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania 17101. 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. Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 Carolyn J. Bunner : Plaintiff: : VS. : : James C. Bunner : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION LAW IN DIVORCE NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o Dor abogado y archivar en la corte en forma escrita sus defensas 'o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 Carolyn J. Bunner : IN THE COURT OF COMMON PLEAS Plaintiff: CUMBERLAND COUNTY, PENNSYLVANIA vs. No. O5 133 James C. Bunner : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Carolyn J. Bunner, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Complaint in Divorce and in support thereof avers as follows: 1. Plaintiff is Carolyn J. Bunner an adult individual who currently resides at 1303 King Arthur Drive, Mechanicsburg, Pennsylvania. 2. Defendant is James C. Bunner an adult individual who currently resides at 1303 King Arthur Drive, Mechanicsburg, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 18, 1993 at Lansdale, Pennsylvania, Montgomery County. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the United States Army or its allies. o o its allies. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request the court require the parties to participate in counseling, being so advised, Plaintiff waives that right. Plaintiff requests the Court to enter a Decree of Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code. WHEREFORE, Plaintiff, Carolyn J. Bunner respectfully requests this Honorable Court enter a Decree in Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code. COUNTS COUNT I EQUITABLE DISTRIBUTION 10. 11. 12. Paragraphs one through fifteen of the Complaint are incorporated by reference as if fully set forth herein. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under the Divorce Code. Plaintiff requests that this Honorable Court equitably distribute all marital property pursuant to the Divorce Code. MEYERS, DESFOR, SAL'I-ZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably distribute all property, both real and personal, tangible and intangible, acquired by the parties during their marriage. Respectfully submitted, Laurie. ~a~ 1 ~ z~iver',~Esquire I.D.# MEYERS & DESFOR 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for the Plaintiff 5 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 VERIFICATION I, Carolyn J. Bunner , verify that the statements made in this Complaint in Divorce are true and correct to the besl of my knowledge, information and belief. I understand that fals~ statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 3/25/2005 ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 Carolyn J. Bunner : Plaintiff: : VS. : : ~ames C. Bunner : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1332 civil T( rm CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE OF COMPLAINT IN DIVORuE ~nd that I am authorized to do I, LeRoy Smigel, Esquire, counsel for Jame!s C. Bunner, Defendant in the above-captioned matter, certifly acceptance of service on behalf of James C. Bunner a copy of ithe Complaint in )ivorce filed by Plaintiff Carolyn J. Bunner on March 26, 2003 so. ~ ~/~~e LeRo~-~m~gel, E~qui Smigel, Anderson!& Sacks 2917 North Fronti Street Harrisburg, PA 17110 (717) 234-2401 Counsel for Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 " FAX (717) 236-2817 Carolyn J. Bunner, · Plaintiff · Vo ° James C. Bunner, · Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03~1332 - CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE TO PLEAD To: Carolyn J. Bunner and her attorney, Laurie A. Saltzgiver, Esquire You are hereby notified to file a written response to the enclosed Answer and New Matter to Complaint in Divorce within twenty (20) days from service hereof or a judgment may be entered against you. Richard C'. Gaffney,~t~qu~e Supreme Court I.D. No. 63x1313 Attorney for Defendant Smigel, Anderson & Sacks, LLP 4431 North Front Street Harrisburg, PA 17011 Telephone: (717) 234-2401 Carolyn J. Bunner, · Plaintiff · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. · NO. 03-1332 - CIVIL TERM James C. Bunner, ' CIVIL ACTION - LAW Defendant · IN DIVORCE ANSWER AND NEW MATTER TO COMPLAINT IN DIVORCE AND NOW, comes the Defendant, James C. Bunner, by and through his attorneys, Smigel, Anderson & Sacks, LLP and files the following Answer and New Matter to Plaintiff's Complaint in Divorce and in support thereof avers the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. 7. Admitted. 8. Denied for want of knowledge. 9. No response is necessary to the averments of paragraph 9 of Plaintiff's complaint in divorce, as it constitutes a prayer for relief· 10. Defendant incorporates by reference his answers to paragraphs one (1) through nine (9), as if fully set forth herein. 11. Admitted. 12. No response is necessary to the averments of paragraph 9 of Plaintiff's complaint in divorce, as it constitutes a prayer for relief. 13. 14. 15. 16. 17. 18. NEW MATTER - COUNTERCLAIM Defendant incorporates by reference his answers to paragraphs one (1) through twelve (12), as if fully set forth herein. In contravention of her marital vows and the laws of the Commonwealth of Pennsylvania, Plaintiff committed adultery. In contravention of her marriage vows and the laws of the Commonwealth of Pennsylvania, plaintiff offered Defendant such indignities as to render his condition intolerable and life burdensome. Defendant is the injured and innocent spouse. Defendant is entitled to a Decree in Divorce under section 3301 (a) of the Divorce Code. Defendant is entitled to an award of attorney's fees, costs and expenses under the Divorce Code. WHEREFORE, Defendant prays this Honorable Court to enter a Decree in Divorce under section 3301(a), to equitably divide the marital estate, to award to Defendant his attorney's fees, costs and expenses, and to grant such other relief as this Court deems just. Respectfully submitted, SMIGEL, ANDERSON & SACKS, LLP Richard C. Gaffney, Esquire Supreme Court I.D. No. 63313 Attorney for Defendant Smigel, Anderson & Sacks, LLP 4431 North Front Street Harrisburg, PA 17011 Telephone: (717) 234-2401 Carolyn J. Bunner, · Plaintiff · James C. Bunner, · Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE Verification I verify that the statements made in this Answer and New Matter to Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. Section 4904, relating to unsworn falsification to authorities. ames C. Bunner Carolyn J. Bunner, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. ' NO. 03-1332 - CIVIL TERM CIVIL ACTION - LAW IN DIVORCE James C. Bunner, Defendant CERTIFICATE OF SERVICE The undersigned hereby certifies that on May 6, 2003, she served Defendant's Answer and New Matter via first class United States mail on Plaintiff's attorney, Laurie A. Saltzgiver, at the address below and makes this statement under penalty of law. Laurie A. Saltzgiver Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street PO Box 1062 Harrisburg, PA 17110 Smigel, Anderson, & Sacks 4431 North Front Street Harrisburg, PA 17110 Carolyn J. Bunner :. Plaintiff: : VS. : : James C. Bunner : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1332 Civil Term CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND NOW, comes the Plaintiff, Carolyn J. Bunner, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Answer to Defendant's New Matter and in support thereof avers as follows: 13. No answer required. 14. Denied. Plaintiff denies any and all allegations that she has committed adultery. 15. Denied. Plaintiff denies any and all allegations that she has offered any indignities to Defendant, furthermore, Plaintiff denies that Defendant is innocent or injured in any way. Denied. Plaintiff denies that Defendant has been innocent or injured in any way during the term of the marriage. Denied. Plaintiff denies any and all claims of adultery or indignities. Denied. Defendant has sufficient assets and income to pay his attorney fees, costs and expenses. 16. 17. 18. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 WHEREFORE, Plaintiff requests this Honorable Court deny Defendant's counterclaim for divorce and counsel fees. Respectfully submitted, Lauri~A~ S~t~iver, ~quire MEYERS, DESFOR,~ALTZG TER & BOYLE Attorney I.D. #61382 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717~ 236-9428 · FAX (717) 236-2817 VERIFICATION I, Carolyn J. Bunner , verify that the statements made in this Plaintiff's Answer to Defendant's New Matte~ are true and correct to the best of my knowledge, information and belief. I understand that fals, statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 5/8/03 ( ) Defendant MEYERS, DESFOR, SAL'rZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 Carolyn J. Bunner :' Plaintiff: : VS. : : James C. Bunner : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COLrNTY, PENNSYLVANIA NO. 03-1332 Civil Term CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this ~ [~day of May, 2003, that a copy of the foregoing Plaintiff's Answer to Defendant's New Matter was mailed, first-class, postage pre-paid to: LeRoy Smigel, Esquire SMIGEL, ANDERSON & SACKS 2917 North Front Street Harrisburg, PA 17110 Laurie A. Sal% Attorney for P giver, ~ulre .aintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 o FAX (717) 236-2817 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this day of /]~ ~d~ , 2003 by and between Carolyn J. Bunner (hereinafter referred to as "Wife") of Mechanicsburg, Cumberland County, Pennsylvania and James C. Bunner (hereinafter referred to as "Husband") of Mechanicsburg, Cumberland County, Pennsylvania. WI TNE S SETH : WHEREAS, Husband and Wife were lawfully married on September 18, 1993 in Lansdale, Montgomery County, Pennsylvania; and WHEREAS, two children have been conceived of this marriage; namely, Joseph Paul Bunner, born on May 7, 1997 and Chelsey Ann Bunner born on June 27, 1999; and WHEREAS, diverse differences and difficulties have arisen between the parties respecting their interests, rights and title in and to certain property, real and/or personal, owned by or in possession of the said parties to either of them; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations and to amicably adjust, compromise and forever settle all property rights and all rights in, to or against each other's property or estate of any kind or nature whatsoever, including property heretofore or subsequently acquired by either party and to settle all disputes existing between them, including any and all claims for Wife's and/or Husband's rights to equitable distribution, maintenance and/or support, alimony, alimony pendente lite, counsel fees and costs; and WHEREAS, the parties acknowledge and agree that in entering into this Agreement, including foregoin~ waivers, they are each relying on truth and completeness in all material respects as to all information provided by the other party hereto regarding the assets of such person. NOW THEREFORE, in consideration of the mutual promises, covenants and agreements hereinafter contained, each of the parties hereto intending to be legally bound hereby promises, covenants and agrees as follows: DIVORCE: The parties agree that they intend to stay married through December 31, 2003. The parties anticipate that, on or after January 1, 2004, they will execute all necessary Affidavits of Consent and Waivers of Notice forms required by the Court for entry of a divorce, and direct their respective attorneys to file same with the Court. The parties agree that neither party will request the entry of a 2 Divorce Decree until January 1, 2004. After January 1, 2004, wife shall direct her attorney to file all documentation necessary for the entry of the Divorce Decree. 2 o FULL FORCE AND EFFECT: This Agreement shall continue in full force and effect until such time of final Decree in Divorce is entered. AGREEMENT TO CONTINUE IN EVENT OF DIVORCE: In the event that the marriage of the parties hereto is terminated by divorce, this Agreement shall nevertheless remain in full force and effect, and shall survive such decree and shall not in any way be affected thereby, except as provided for herein. 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, separate and apart from the other. WIFE'S DEBTS: since the date Wife represents the divorce was and warrants to Husband that fi[Led, to wit, March 26, 2003 she has not and in the future she will not, contract or .incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the divorce was filed, to wit, March 26, 2003 he has not and in the future he will not, contract or incur any debt or liability for which Wife cr her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by kim. DISCOVERY/FINANCIAL DISCLOSURE: The parties agree and acknowledge that they have each had the opportunity to conduct discovery and investigation of the assets of both parties. The parties agree and acknowledge that they have made full and fair disclosure of all of their assets and income to the other party. The parties acknowledge that they have both been given the opportunity to conduct investigation into all assets, whether separate or marital, prior to entry into this agreement. Both Husband and Wife acknowledge they have had full and fair disclosure of all assets prior to execution of this agreement. Furthermore, the parties acknowledge that they have both had full disclosure as to both parties income and financial condition, prior to the entry of the within Agreement. MTJTUAL RELEASES: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for termination of the marriage by divorce or annulment and except any or all causes of action for breach of any provisions of this Agreement. Husband and Wife specifically release and waive any and all rights he or she might have to raise claims under the Divorce Code of 1980, as amended in 1988 including, but not limited to claims for equitable distribution of marital property, support, alimony, alimony pendente lite, counsel fees or expenses. The fact that a party brings an action to enforce the property agreement as incorporated in the divorce decree, under the Divorce Code of 1980, as amended in 1988, does not give either party the right to raise other claims under the Divorce Code, specifically waived and released by this paragraph and all rights and obligations of the parties arising out of the marriage shall be determined by this Agreement. 5 RELEASE OF TESTAMENTARY CLAIMS: Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by Last Will and Testament or otherwise and each of them agree that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would become entitled thereto as if the decedent5 had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's Last Wills under the present or future laws of any jurisdiction whatsoever and is intended to confer third- party beneficiary rights upon the other heirs and beneficiaries of each. 10. AGREEMENT BINDING ON HEIRS: The parties acknowledge that except as provided for in this Agreement, each of the parties shall have the right to dispose of their respective property by Last Will and Testaments, and that each party waives the right to take under the Will of the other. This Agreement shall be binding on the respective heirs, executors, administrators and assigns of the parties thereto. 11. ENTIRE AGREEMEMT: This Agreement represents the entire agreement between the parties. There are no representations, promises, agreements, conditions, or warranties between the parties other than those herein. set forth 12. LEGAL ADVICE/VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and has had the benefit of counsel of Laurie A. Saltzgiver, Esquire, as her attorney. The Husband has employed and has had the benefit of counsel of Richard C. Gaffney, Esquire, as his attorney. Each party acknowledges that they have received independent legal advice from counsel and that each party fully understands the facts and have been fully informed of their legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Also, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the current Pennsylvania Divorce Law, and his or her rights thereunder, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties and waives their respective right to have the Court make any determination or order affecting the respective parties' right to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs and expenses. 13. DIVISION OF PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph. 14. EQUITABLE DISTRIBUTION: a. DISPOSITION OF REAL PROPERTY: Husband does hereby set over, transfer and assign to Wife all of his right, title and interest in the marital residence and contiguous properties located, at 1303 King Arthur Drive, Mechanicsburg, Cumberland County, Pennsylvania. The marital residence and contiguous properties shall be the sole and exclusive property of the Wife and Husband agrees to execute a deed transferring the property into the Wife's name alone. Lump Sum Payment: Wife shall make a one-time, lump sum equitable distribution payment to Husband in the amount 8 e o of $52,500.00. The parties agree that Wife shall make this payment to Husband upon his execution of the within Marital Settlement Agzeement and the deed transferring the marital residence located at 1303 King Arthur Drive, Mechanicsburg, PA into Wife's name alone. Pension Plans/IRAs: Wife shall keep her Ikon Retirement plan and Xerox 401(k) plan as her sole and exclusive possession~ free and clear of any claim or demand by Husband. Husband shall keep his Avaya 401(k) plan and Merrill Lynch IRA as his sole and exclusive possession, free and clear of any claim or demand by Wife. Automobiles: Wife shall keep the Volvo automobile as her sole and exclusive possession, free of any claim or demand by Husband. Husband shall keep the Lexus automobile as his sole and exclusive possession, free and clear of any and all claim or demand by Wife. The parties agree to execute any and all documentation necessary to give effect to this paragraph. Checkinq/Savinqs Accounts: Wife shall keep as her sole and exclusive possession the following bank accounts, Citizens Bank checking account #6100-876918, Citizens Bank savings account ~6140215625 and Citizens Bank escrow checking account #6200124608 with approximate value of $1,700.00. Husband waives any and all right or claim to said checking and. savings accounts. Husband shall keep as his sole and exclusive possession any and all checking and savings accounts in his name alone. Wife waives any and all right or claim to said checking and savings accounts. The parties agree to execute any and all documentation necessary to give effect to this paragraph. Financial Accounts: i. Wife shall keep as her sole and exclusive possession the Vanguard mutual fund account valued at approximately $14,000.00. This mutual fund account shall be Wife's sole and exclusive possession, free and clear of any claim or demand by Husband. ii. Husband shall keep as his sole and exclusive possession the Merrill Lynch account valued at approximately $1,000·00. This account shall be Husband's sole and exclusive possession, free and clear of any claim or demand by Wife. Stock Interest: Wife shall keep as her sole and exclusive possession her Xerox stock with a value of approximately $2,664.00. This stock shall be Wife's sole and exclusive possession, free and clear of any claim or demand by Husband. 10 Husband shall keep the 3-com stock as his sole and exclusive possession. This s~5ock shall be Husband's sole and exclusive possession, free and clear of any claim or demand by Wife. 15. CUSTODY: The parties agree that they shall share legal custody of their two children namely, Joseph Paul Bunner, born on May 7, 1997 and Chelsey Ann Bunner born on June 27, 1999. Shared legal custody means that the parties share in all major decisions in the children's lives including medical, educational, and health and general welfare decisions. The parties also agree to share any and all information they have regarding any school, medical, religious or general activities concerning the children. Wife shall have primary physical custody of the children. Father shall have rights of partial physical custody of the children as follows: a. Alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. b. Father shall have partial physical custody of the children from 5:00 p,m. until 7:30 p.m. one evening per week following his custodial weekend and two evenings per week following his non-custodial weekend. These evenings shall be scheduled and mutually agreed upon by the parties depending upon tlheir schedules. c. Vacation - Each parent shall be permitted up to two 11 weeks of vacation with the children. This vacation shall be taken in no greater than one week blocks. The parties agree that they shall give each other sixty (60) days notice as to the proposed dates for their vacation. Holidays - The parties agree to share all holiday time with the children equally. The parties agree that they shall cooperate to mutually agree upon the best way to bring about this equal sharing of holiday time. The parties agree that they shall not relocate their residence outside of the current school district, i.e. Cumberland Valley, without the written consent of the other party. 16. C~ILD SUPPORT: The parties hereby stipulate and agree that Husband shall pay child support in the amount of $2,100.00 per month for the parties' two (2) children beginning July 1, 2003. The parties agree that the amount of child support is based upon the fact that they employ a nanny for the children at a cost of $600.00 per month. The parties agree further that if and when the services of the nanny are reduced or eliminated, Husband's support obligation may be modified in light of the change in the child care costs. a. The parties agree that Husband shall pay sixty (60%) percent of all unreimbursed medical expenses for the children after Wife has paid $250.00 of these 12 unreimbursed expenses per child, per year. Husband shall take Joseph as an exemption on his income tax return and Wife shall take Chelsey as an exemption on her income tax return. Child support shall be paid directly by Husband to Wife. In the event Husband falls behind in his child support payments by one (1) month, then Wife shall have the right to enter this Agreement as an order through the Domestic Relations Office. 17. CUSTODIAL ACCOUNTS: The parties acknowledge that children have UTMA and TAP accounts. The parties these accounts are not marital property and shall not included in any equitable distribution between them. and Husband shall serve as joint custodians of these accounts. the agree that be Wife 18. WAIVER OF RI~NT TO ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES: The parties hereby acknowledge that they each waive their right to request alimony, alimony pendente lite, counsel fees, costs and expenses from the other unless otherwise provided for in this Agreement. 19. 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 13 20. such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal faes and costs incurred by the other in enforcing their rights under this Agreement. ADDITIONAL INSTRUMENTS: a. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. b. This Agreement shall be incorporated into a Divorce Decree but not merged therein. 21. 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 default of the same or similar nature. 22. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 14 23. VOID CLAUSES: 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. 24. EXECUTION DATE: The execution date shall be defined as the date both parties have signed this Agreement. In the event that the parties do not sign this Agreement at the same time, the execution date shall be the date the last party has signed. 25. APPLICABLE LAW: This Agreement shall be construed pursuant to the laws of the Commonwealth of Pennsylvania. IN WITNESS W-~EREOF, the parties have hereunto set their hands and seals the day and year first above-written. C~lyn J.~Bu~r L~urie ~%, Sal~z~i~el~, 15 CAROLYN J. BUNNER, : Plaintiff : JAMES C. BUNNER, : Defendant : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1332 - CIVIL TERM CIVIL ACTION - LAW 1N DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) and Section 3301 (d) of the Divorce Code was filed on March 26, 2003. 2. The marriage between plaintiff and defendant is irretrievably broken. 3. Defendant, James C. Bunner was served a true and correct copy of the Complaint on April 1, 2003. 4. Ninety days (90) have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. 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. Date: I verify that the statements made above 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. ~ndant~'~ Carolyn J. Bunner : Plaintiff: VS. : James C. Bunner : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1332 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 26, 2003. The marriage of the Plaintiff and Defendant is irretrievablyl broken and ninety (90) days have elapsed from the date of filing I and service of the Complaint. .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 truel and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswor~ falsification to authorities. ] Date: /-'/--0~ C~.olyn~JBun~3~~~ 2- · MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 Carolyn J. Bunner : Plaintiff: VS. : James C. Bunner : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0o 03-1332 Civil Term CIVIL ACTION - LAW IN DIVORCE ~ I consent to the WAIVER OF NOTICE OF INTENTION TO REQU~. T F~NTR¥ OF A DIVORCE DECREE UI~DER ~3301(C) OF THE DIVORCE CODF CD entry of a final decree of divorce without notice. o 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. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decre will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are tru~ 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. ~~ ~ ~ ~olyn J~ ~unn~ MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 Carolyn J. Bunner : Plaintiff: VS. : James C. Bunner : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1332 Civil Term CIVIL ACTION - LAW IN DIVORCE PP.A~CIPE 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 Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Served on Defendant's attorney, Acceptance of Service dated April 1, 2004 filed with the Prothonotary April 8, 2003. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the plaintiff January 1, 2004; by the defendant January 5, 2004. 4. Related claims pending: No other claims are pending. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301(d) (1) (I) of th, Divorce Code. (b) Date plaintiff,s Waiver of Notice in ~ 3301(c) Divorc~ was filed with the prothonotary: January 16, 2004. Date defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: January 9, , 2004. ~ Attor~y ~ ~1~ MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. Versus ~T~e~ C.. Burner.. 201~62~6979 .......... Ii N () ..9.?.!.~3y ......... DECREE IN DIVORCE AND NOW, .. ~.---~. ~.u..~ .~...~. ~1. ........ ~ .~.0.0A it is ordered and decreed that .. ~.~.ro~n.. J....~.u~n.e.~~ .......................... plaintiff, and .. ~e~. ~... B~ ...................................... 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; ...... T.h.e.. ~.a.r. iA.a.~..~9~.t.~e.~.e.n.t...A~.r.e.e..m.e.n.t...d.a.t.e.~..A.u.~u..s~..2.9,..2. O. 9 ~ .... · £$. her. eby. £n¢or.pora~.~d. b~%. no.t .merged. hs=efn ......................