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Home My WebLink About01-2895 FX . . ~~I8"::::':C':_>~.X>:+;{X.X:,.~~{xet::~.:::>~*:>:+;;t~>>>XXI8{,)>>~':::X.~{>~I8{>:+;;::XI8':X*::::'>>:':,~:XC<:iKI~ :'-i::.w:~-.:+;;t:::;~I8.::>~.>:::t'~<':::::-l ^ M W ~s ~ i "'\~ ts ~ N ~ :~'~ ~ %:1 ,', I ~-.; ~ ~ i ~."! ~ * "."! ~ ~.; ~ ~.~ ~ ~.~ ~ a ~.~ ~ ~."! ~.; ~ ks * ~'S * o M ~.~ j ~.~ ~ ~.~ ~ ",0,; ",." ~ ".l! ~.~ ~ ~ ~ ~."! ~ '(1, 'w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNA, STATE OF ,S'l'EI?HEN, _M _,_l(ORNBLUM~_.. _, ",,__,_ ..nmn..nnnm I II No. 9..1.::-.~.?~.~...~i y..:j).....');'.~;r:tl9 Versus _ _I?L)>'JJ:i!'l'_I l"f _ _ _.. _ _ _ _ _, _. _ _ _ _... ,__ _ _,. >-0" ~ ~~ ,", I ~s ~ ~'S ~ ~ !~ i DECREE IN ~.~ i HI +1 0-' 10 R~.L &-ll; cio~.t\J AND NOW,~~..........., ~.., it is ordered and ~ ~:j w ~~~ ~.~ , DAN I ELI,J;; _~_ ~ _ _ _ I<9RN:I3LIJM, ..,DEFENDANT.. a ~.~ .~.~ t~ ~ ~ ~.S ~ ~ ~'s ~ decreed that.. . . . .. .. .. . ~~.~~~~~. .~:. ~.~~':l~~y~.. .. . .. . . .. . ", plaintiff, and..................... .I?~~~~.r.~? ~.'. .~?~~~r.~~............ defendant, are divorced from the bonds of matrimony. The court retains iurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; I . . . . . . T.h,~. P?l.JOq~~.'. .P9~.~-:I.J.\lP.q~;L. .~g~~~.II)~I.J.~.,. .fP~.q. 9t. .:r:~9P.x:q, . ;i..s. , ;i.AGorp.Q:r:ated .her.eiu. hy. .ref.erenc.e. . . .. . .. . .. . .. . . . .. .. .. .. .. .. . .. . . . . ~.; . ~.~ ~ ~.'" ~ .", >.i ~ Q ~.~ ,'~ ~ ~ ~.~ :$. ~.~ ~ ~.~ ~~ :~~::.::( :::'::+X::.::.::",: >~;.~:>:.;< >'::.;~:, ".:+;...' ::.::+;":: x.::< ::"::.;~;: up. J. Prothonotary ~('::.3E~:: ':'.3C( ':~->>;-,:: ).::+>::: -:'.::.;~;,_ -~<+;( :'.-::.::0;,: >.::C~:., ::,~>>::.;:: '::.>>;.;__ "'.::.;.,~.::.;., I''''''''' "","" ,',"""'''_~, ~..<,"; _",~" " ~ __' "--', "-- ~-~ -, ,~, ~ -" = . , - ~<. ~~~ ~ .'-, ~ ,..~; I ",~ i !".~ '-co;" ~ ~~ ~'s ~ ~ ,., ~~ ~ i ~.~ ~.~ * S ~ ~._~ w '.' ~.S ~ ~ ~.!: ~ ~.~ " ~ , v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01- .1 g~t' ,C;c.;>LL T0ut STEPHEN M. KORNBLUM, Plaintiff DANIELLE M. KORNBLUM. Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you full to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground forthe divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Cumberland County Courthouse 1 CourthQuse Square Carlisle, P A 17013 (717) 240-6195 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 LA WYERAT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 'r'''''''W~l' ." , , I ""~ . , ,-, ',-, ., . ~ v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01- :l'jC(r:;' ~ -r~ IN DIVORCE STEPHEN M. KORNBLUM, Plaintiff DANIELLE M. KORNBLUM, Defendant COMPLAINT UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Stephen M. Kornblum, who currently resides at 388 Crossroads School Road, Newville, Cumberland County, Pennsylvania, since June, 1996. 2. Defendant is Danielle M. Kornblum, who currently resides at 619 North East Street, Apt. 2, Carlisle, Cumberland County, Pennsylvania, since June, 2000. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the fi1ing of this Complaint. 4. The Plaintiff and Defendant were married on September 10,1994 at Carlisle, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. 1~ ro.;}M)j bate 0 ( 1 ~e,-], , 'I' ., '~"'; ,,," ^" " VERIFICATION I, Stephen M. Kornblum, Plaintiff in the foregoing action, verifY that the facts set forth in the attached document are true and correct to the best of my knowledge, infonnation and belief. I so state subject to the penalties of 18 Pa. C. S. ~4904 (relating to unsworn falsification to a rities). MAY 10, 2001 Date "T""'-~~='1'~~"'" "',I' ~'- "",' - v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 01-2895 Civil Term IN DIVORCE STEPHEN M. KORNBLUM, Plaintiff DANIELLE M. KORNBLUM, Defendant AFFIDAVIT OF SERVICE PURSUANT TO P A. R. CIV. P. 405 I, Anthony T. McBeth, Esq., attorney for the Plaintiff in the captioned action, hereby swear that I have served the Complaint upon the Defendant in the captioned action by mailing a certified copy of same to her ad&essed as follows: Danielle M. Kornblum, 619 North East Street, Apt. 2, Carlisle, P A 17013. Said mailing was by first class mail, postage prepaid, certified, return receipt requested. Said mailing was effected on May 16, 2001. The return receipt, purportedly bearing the signature of the Defendant, and showing a delivery date ofMayl9, 2001, is attached hereto, marked Exhibit "A" and incorporated herein by reference. F JI,Joof ate 6 1 '^",",,->;r""''''''j'''1;-'l ~-r"- , '-1-' " ,," 1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Sworn '"" mbocrWod """'" =... Z Is! "'" of /YJ:Jff . 2001. ~ 6d.,) ------- T Y PUBLIC . My commissions expires: M' NomrlalSe~ ~~ S. Snyder, Nota!)' PUbllo M ' .....Sburg, Dauphin COunty Y Commission Expires Feb. U. 2003 Member, Pennsylvania Assocletion 01 No_ 2 '''"', ., " I , '., , ' r,'I'^ aomplete items 1, 2, and 3. Also complete i't\ilm 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the, card to you. . Attach this card to the back of the m.ailpieee, or on the front if space permits. " ' C, -;-'''' x o Agent o Address~e DYes D No 'lSl Is delivery address different from item 1? \ff YES, enter delivery address below: \ \ , 3. Service Type ~Certified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise D C.O.D, , 4. Restricted Delivery? (Extra Fee) 2 A70~r(c3"4~cea:g1 ~ -'S6~ CDQ ~,~ PS Form: 3811, July 1999 Domestic Return'Red~ipt DYes 102595.00-M-0952 Exhibit "A" ',,'J~ -~ ,',- "" ~~ .-ll- .... ... , v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-2895 Civil Term IN DIVORCE STEPHEN M. KORNBLUM, Plaintiff DANIELLE M. KORNBLUM, Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on May-14, 2001. 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 ofthe divorce. 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 PaC.s. ~4904 relating to unsworn fulsification to authorities. 8-J7'Of Date "~""""i' , , """ . ~ ,'~," ~ . , , v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-2895 Civil Term IN DIVORCE STEPHEN M. KORNBLUM, Plaintiff DANIELLE M. KORNBLUM, Defendant WAIVER OF NOTICE OF INTENTION TO ~UEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF 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 ofthe 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 fuIsifications to authorities. fJ- /7 '() ( Date "!''''-~' <~ ",wi' " ._, ^-. ~_, ~ _ e , . . . - v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW NO. 01-2895 Civil Term IN DIVORCE STEPHEN M. KORNBLUM, P1aintiff DANIELLE M. KORNBLUM, Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code wasffied on May 14, 2001. 2. The marriage of p1aintiff 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 ofthe divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penahies of 18 PaC.s. 94904 relating to unsworn falsification to authorities. 2~a'7-o} Date ~lDM~.rn.~n~ DanieRe M. Kornblum, Defendant -'~~I""" ,~. ., , I I', ,r .. ~ . ., 't , ~ l' H .. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-2895 Civil Term IN DIVORCE STEPHEN M. KORNBLUM, plaintiff DANIELLE M. KORNBLUM, Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 63301((:) 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 befure 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 ofthe 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 fillse statements herein are made subject to the penalties of 18 PaC.s. ~4904, relating to unsworn fulsifications to authorities. ~-d'l-()/ Date \,h"""~_""!'1 CO", T~'''''''~ r. , I o~, --0 , 't '1 I" _ \\M0~SERYER\PUBLlC\roger\Family Law\divorce\Kornblum DivorcelEntry of Appearance.doc.doc . .... IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN M. KORNBLUM, .. .. Plaintiff .. CIVIL ACTION-LAW .. .. .. Ys. .. NO. 01-2895 CIVIL TERM .. .. .. DANIELLE M. KORNBLUM, .. IN DIVORCE .. Defendant .. .. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for the Defendant in the above matter. ~JU~- Roger M. Morgenthal, Esquire I.D.# 17143 FISHMAN & MORGENTHAL 95 Alexander Spring Road, Suite 3 Carlisle, P A 17013 (717) 249-6333 ',JI,__ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN M. KORNBLUM, Plaintiff CIVIL ACTION--LA W vs. NO. 01-2895 CIVIL TERM DANIELLE M. KORNBLUM, Defendant IN DIVORCE NOTICE OF INTENTION TO RETAKE PRIOR NAME Notice is hereby given that the Defendant in the above matter, in which a Final Decree in Divorce was entered on the 1st day of October ,2001, hereby elects to retake and hereafter use her previous name ofDANIELLE M. MARPOE and gives this written notice avowing her intention in accordance with the provisions of the Act of December 16,1982, P.L. 1309,54 Pa. C.S. S 704. L1nj. O~.Lm'~;;/I~JIh1 , DANIELLE M. ORNBLUM TOBE KNOWN AS: nm~MLm.~o DANIELLE M. MA 0 '* Sworn to and subscribed before me this L day of Oc:-~(( .2001. kbrc;, ~~ Notary Public Notarial Seal Roy G. Pool, Notary Public lower Allen Twp., Cumberland County My Commission Expires May 30, 2005 Member, Pennsyfvaniap,ssociation ot No!an'es I" --* cl '" ~" ! < I '. 1, I, I' !iii ES kr "';', _'"""'1"'" ~ o -"-I DO ~ Q ~ ~ ~ "" 0 <::) c:: 0 ""0$ 0 '" -;I !;2n) " :-:;:1 -f " .. 2:1::, 'p.:;; ~ "'S::: ";j{if ::<~' ....., :~~Z: ""- ~ ~C " p: 2<:) .:::t ~1F~ ;;;0 V:> c J;,- ~ J) a '-' ""-;:::. ~ -.J =-?! ~ " p "'" ? s ", n ~ ~ " --:, " ,v,~__ ~,~~, " '" ~~"""",,,,,.~~!MI~~W"f,,"P]r.''''!~';~''1N-';:~'~,"''''rw ,,"'.,'" "'"'l',r~""'!OI1'l~11'~"'~""!N":'1'!l!!~'*'~~~!~~If~1'\iuj!liir~~'W' " POST.NUPTIAL AGREEMENT AGREEMENT made this J ~ ~ day f STEPHEN M. KORNBLUM (hereinafter called "Hus 2001, by and between " and DANlELLE M. KORNBLUM (hereinafter called "Wife"). WITNESSETH: WHEREAS, the Parties hereto are Husband and Wile, having beenmarried on September 10, 1994, at Carlisle, Cumberland County, Pennsylvania 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 oftheir natural lives, and the Parties hereto are desirous of settling fuIJy and finaIIy the respective financial and property rights and obligations as between each other, including without limitation: 1. The settling of all matters between them relating to ownership and equitable distribution of real and personal property; 2. The settling of all matters between them relating to past, present and future support, alimony and/or maintenance of Husband by Wife or Wlfu by Husband; 3. In general, the settling of any and all claims and possible claims by one against the other or against their respective estates. II _,'I "... ."--,,, ]~,~ '__I'. " ' '.. "e ,_, "~ " . , , 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, Husband and Wtfe, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT PREDICATED UPON DIVORCE: It is specifically understood and agreed by and between the Parties hereto, and each of the Parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any Agreement for the institution, prosecution, defense or for the non- prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the Parties hereto from conunencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds, nor prevent either party from defending any such action which may be, has been, or shall be instituted by the other Party, or from making any just or proper defense thereto. Notwithstanding the above, a material term of this agreement is the Parties' mutual promises to cooperate fully, and to execute all documents necessary, to finalize the divorce recently instituted by Husband, namely Kornblum v. Kornblum, Cumberland County, Pennsylvania, Court of Common Pleas, Case No. 01-2895 Civil Term. The Parties further agree that they shall execute all necessary documents for finalization of the said divorce contemporaneously with their execution of this Agreement. 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. 2 (,1(", I", ~ - C,j ~ , ., " ~ ~, 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. 4. ADVICE OF COUNSEL: The provisions of this Agreement are intended to effect a legally binding property settlement between the Parties. Husband has been represented by Anthony T. McBeth, Esquire, and Wife is represented by Roger M. Morgenthal, Esquire. Each party acknowledges that he or she fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is fair and equitable, that it is being entered into freely and voluntarily, and that this Agreement and the execution thereof is not the result of any duress, undue influence or collusion. 5. INTERFERENCE: Each party shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as ifhe or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or WIfe of the lawfulness of the causes which led to, or resuhed in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or IlJalign each other or the respective fiunilies of each other, nor in any way interfere with the peaceful existence, separate and apart from the other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 6. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit claim, and forever discharge the other and the estate of such other, for all time to come, and for 3 ~',," 1'~'M"'''q',~]~", n ""0 , =~~ all purposes whatsoever, of and from any and all rights, titles 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 wherever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other, or by way of dower or curtesy, or widow's or widower's rights, fumiIy exemptions or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a 1ifutime 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 the Commonwealth of Pennsylvania, or any other state, commonwealth or territory of the United States, or any other country, or any right which Wue may now have or at any time hereafter may have fur past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relationship or otherwise, except, and only except, all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other, by the execution of this Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 7. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they have already divided all of their personal property to their mutual satisfuction including, but not limited to, jewelry, clothes, furniture and other personalty. Accordingly, Husband and Wife waive any claim, right, title or interest that they may have in any personal property that is currently in possession of the other party. As part of their obligations pursuant to this subparagraph, Husband 4 VL~""I' "' cl~-'--'\ "_I ""I - - ~ - ,. " and Wue both agree to execute any document necessary to effectnate the full transfer of personal property as outlined in this paragraph, and in any event will execute all necessary documents within thirty (30) days from the date of execution of this Agreement. 8. J.{EAL ESTATE: Wue shall convey to Husband all right, title and interest that she has to the Parties' marital home, colloquially known as 388 Crossroads School Road, Newville, Pennsylvania. In turn, Husband shall take one of the fullowing actions with respect to the existing mortgage on the marital home held by PHH Mortgage Services: a. Husband shall undertake his best efforts to obtain a loan by which the existing mortgage will be satisfied, with Husband remaining exclusively responsible for repayment of the new loan that he would obtain to effect the satisfuction of the existing mortgage. Should Husband elect to obtain a new mortgage to satisfY the existing mortgage, Husband shall be exclUSively responsible fur all costs associated with the new mortgage, including application fees, appraisal fees and settlement charges; or b. Husband and WIfe shall undertake mutual efforts, and cooperate fully, in obtaining from PHH Mortgage Services (should PHH Mortgage Services permit it) a document to be filed with the Cumberland County Recorder of Deeds to the effect that WIfe is released from all liabilities on the existing PHH Mortgage Services mortgage; in this instance, Husband would be exclusively responsible for repayment of the existing mortgage to PHH Mortgage Services; or c. If Husband is unable to obtain a new mortgage to satisfY the existing PHH Mortgage Services mortgage despite a good firith effort to do so, and if PHH Mortgage Services is unwilling to provide for recording a document that exonerates Wife from all liability on the existing mortgage, then the parties will undertake their best efforts to sell the marital home and divide the net proceeds of such a sale equally. If the parties need to resort 5 to a sale of the marital home, they shall be obligated to accept any offer that is at least eighty percent (80%) of the sales price then listed for the home at the time the offer is made. The parties specifically contemplate and understand that the sale of the marital home is be done only as a last resort, and the parties contemplate that Husband will, in fact, be able either to obtain a new mortgage that would payoff the existing mortgage or that PHH Mortgage Services would provide a document suitable for recording that would exonerate Wue from all liability on the existing PHH Mortgage Services mortgage. Regardless of any other provision in this paragraph, WIfe shall remain exclusively responsible for any non-real estate taxes in her name (per capita, occupation, etc.), whether currently owed or to be assessed in the future. 9. AFTER-ACOUIRED PERSONAL PROPERTY: Each of the Parties shall hereinafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her after the date of this Agreement, 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. 10. DIVISION OF VEmCLES: With respect to the vehicles owned by one or both of the Parties, or the net proceeds or value derived from any prior sale or trade in thereof, they agree as follows: a. The vehicle that Husband is driving shall remain titled in his name and shall be the sole and exclusive property of Husband. If the vehicle is not titled exclusively in Husband's name, Wife hereby agrees to sign whatever documents are necessary to effectuate title ofthat vehicle in Husband's name alone. 6 J1f4 ,mf- . , .' I" , b. The vehicle that Wife is driving shall remain titled in her name and shall be the sole and exclusive property of Wife. If the vehicle is not titled exclusively in Wife's name, Husband hereby agrees to sign whatever documents are necessary to effectuate title of that vehicle in WIfe's name alone. The titles or lease agreements to said vehicles shall be executed by the Parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement, and said executed titles shall be delivered to the proper party on the distribution date. For purposes of this Paragraph, the term "title" shall be deemed to include "power of attorney" if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien or encumbrance, the party receiving said vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor, and said party further agrees to indemnifY, protect and save the other party hannless from said lien or encumbrance. Each of the Parties hereto does specifically waive, release, renounce andforever abandon whatever right, title and interest he or she may have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the tenus of this Paragraph. 11. INCOME TAXES FOR CALENDER YEAR 2000: The Parties have paid all income taxes owed for the calender year 2000, and have divided the liability for the taxes to their mutual satisfuction. 12. LIABILITIES: The Parties have previously allocated the liabilities of their marriage to their satisfuction. 7 f~'c,' 'I"" A .7"" F'~"f' "-I,," "" ,A-__' -"'~.. ~_. 13. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that he or she has not heretofure incurred or contracted for any debt, liabi1ity 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 or hold the other Party harmless from 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. 14. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife each covenant, warrant, represent and agree that he or she will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liahi1ities incurred by the other after the date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement, and that neither of them shall hereafter incur any liabi1itywhatsoever for which the estate of the other may be liable. 15. WAIVER OF ALIMONY. SUPPORT AND MAINTENANCE: Husband and Wife do each hereby waive, release and give up any rights they may respectfully have against the other for alimony, support, or maintenance., It shall be from the date of this Agreement the sole responsibi1ity of each ofthe respective Parties to sustain themselves without seeking any support from the other party. The Parties hereby acknowledge that by this Agreement each has respectively secured and maintained a substantial and adequate fund with which to provide himself or herselfwith sufficient financial resources for comfurt, maintenance and support in the station of life to which they are accustomed. 16. RETIREMENT ACCOUNTS: Each party shall retain exclusive title, ownership and control of any right, title or interest he or she may have in any 401 (K), pension plan or any other account or entity designated for his or her retirement. 8 f'- . ~ 'I' ,1-~. 01'" 1 ,,- ~.-, 17. OTHER DOCUMENTATION: WIfe and Husband covenant and agree that they will execute, within thirty (30) days from the date of execution of this Agreement, any and all written instruments, assignments, releases, satisfuctions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement in order to carry out fully and effectively the terms of this Agreement. 18. FULL DISCLOSURE: Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property, of whatsoever nature and wherever located, belonging in any way to either or both of them, of all the debts and encumbrances incurred in any manner whatsoever by either or both of them during the marriage, of all sources and amounts of income of each party, and of every other fuct relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. 19. ENTIRE AGREEMENT: This Agreement contains the entire understanding between the Parties. There are no representations, warranties, covenants or undertakings other than as expressly set furth herein. 20. WAIVER OR MODIFICATION TO BE IN WRITING: No modification nor 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 defuult hereunder shall be deemed a waiver of any subsequent defuult of the same or similar nature. 21. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 9 ~<", -I' " 0'1 .,-, ~, . , '1"= t. " It' =, ,~ . 22. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors and assigns. 23. 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 fuilure of any Party to meet his or her obligations under anyone 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. 24. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for the convenience of reference and shall not constitute a part of this Agreement, nor shall they effect its meaning, construction or effect. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first above-written. WITNESS: :"'ML~, JOe" ,__.__'._ ~l'.'" ~ " " f- I ~ " ~ , EAL) It1VlJ6 6~..~nbLfn DANlELLE M. KO BLUM (SEAL) 10 _ ,- ,IF _n. ,~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this, the J1l'daY Of~, 2001, before me, a Notary Public in and for said Commonwealth and County, personally appeared STEPHEN M. KORNBLUM, known to me (or satisfuctorily proven) to be the person whose name is subscnbed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. SS. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~S&w~ (SEAL) Notarial Seal Melissa S. Snyder, Notary Public Harrisburg, Dauphin County My Commission Expires Feb. 24, 2003 Member, Pennsylvania Association of Notaries My Commission Expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cu.m 'QQ.da1'lO\ SS. On this, the d. ~y of ClUSlk'\+ .2001, before me, a Notary Public in and for said Commonwealth and County, personally appeared DANlELLE M. KORNBLUM, known to me (or satisfuctorily proven) to be the person whose name is subscn'bed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~?J,~~ NOTA!lIAL SEAL TIlfCIA L MItE'!, Notory Public S<>uthamplon Twp., Cumberlcmd Co" 'I'A My C"",minlon exp;..... Aug. 12. 2002 My Commission Expires: (SEAL) ]c"~"'~1 ""'''r 0, - ~ "I "', , f I' ~ ~ ....- .~ . . v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA CIVIL ACTION - LAW NO. 01-2895 Civil Term IN DIVORCE STEPHEN M. KORNBLUM, Plaintiff DANlELLE M. KORNBLUM, Defendant 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 fur divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: May 19, 200 I via certified mail, return receipt requested (substantiated by affidavit of service filed May 22,2001) 3. Date of execution of the affidavit of consent required by Section 3301 (c) ofthe Divorce Code: By Plaintiff: August 17,2001 By Defendant: August 27, 2001 4. Related claims pending: None. Post-nuptial agreement filed contemperaneously herewith 5. Date that Waiver of Notice was filed with the Prothonotary: By Plaintiff: Contemperaneously filed herewith this filing, projected to be August 31, 2001 By Defendant: Contemperaneously filed herewith this filing, projected to be August 31, 2001 ~3.Dl ~I ate ny T. McB Attorney for P . 407 North Front t., irst Floor Harrisburg, PAl (717) 238-3686 Supreme Court I.D. # 53729 'i'i', , _~, '". '" _. ~ , ,'- , '0< , "~~. &.iI -~ ~ ,,,. ~ = n ,>, "'" ""~-. "",~"",-y",. 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