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HomeMy WebLinkAbout07-3162IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DMSION Gerald Broughton Plaintiff vs. No. 07 3/ro ~- ~~ ~~.- Jessica Broughton Defendant 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 folk~nring pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or Annulment may be entered against you by the Court. A judgment may also be entered against you for any other Gaim or relief requested in these papers by the Plaintiff. You may lose money, property or other rights important to you, including the right to demand marriage counseling. When the ground for divoroe is indignities of irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counsekus is available in the Office of the Prothonotary for Cumberland County: { ~o r~ ~ 1'Yl.~u S't' ~u U~ IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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: Cumberland County Bar Association Lawyer Referral Service Adams Co., Gettysburg: (717) 334-6781 Allegheny Co., Pittsburgh: (412) 261-0518 Armstrong Co., Kittanning: 724-548-3251 Beaver Co., Beaver. (412) 728-4888 Bedford Co., Bedford: 814-623-4833 Ber'ks Co., Reading: (610) 375-4591 Blair Co., HoNidaysburg: (814) 693-3090 Bradford Co., Towanda: (570) 265-1705 Bucks Co., Doylestown: (215) 348-9413 Lackawanna Co., Scranton: (570) 969-9600 Lancaster Co., Lancaster. (717) 393-0737 Lawrence Co., New Castle: (724) 656-2143 Lebanon Co., Lebanon: (717) 274-2801 Lehigh Co., Allentown: (610) 433-7094 Luzeme Co., Wilkes-Barre: (717) 822-6712 Lyc~ming Co., Williamsport (570) 327-2251 MdCean Co., Smethport (814) 887-3270 Meroer Co., Mercer: (724) 342-3111 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Gerald Broughton Plaintiff vs. No. D ~ 3 !!, ~ ~( fi,Z~.. Jessica Broughton , Defendant . DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Gerald Broughton, who currently resides at 226 Ertord Rd, Camp Hill, Pennsylvania 17011. He has resided at this address at least since October 2002. 2. The Defendant is Jessica Broughton, who currently resides at 11273 Charnock Rd, Los Angeles, California 90066. She has resided at this address at least since February 2007. 3. The Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 28, 2002, at Gifford Pinchot State Park, Camp Hill, Pennsylvania, County of Dauphin County. 5. Neither the Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Servicemember's Civil Relief Act of 2003 and its amendments. 6. There have been no prior actions of divorce or for annulment instituted by either of the parties in this or any otherjurisdiction. 7. The Plaintiff is aware of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. 8. The marriage is irretrievably broken. 9. An original copy of the marriage certificate is attached. 10. After ninety (90) days have elapsed from the date of filing of this Complaint, the Plaintiff intends to file an affidavit consenting to a divorce. The Plaintiff believes that the Defendant will also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, the Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to §3301 (c) of the Divorce Code. COUNT II REQUEST FOR INCORPORATION OF MARITAL SETTLEMENT AGREEMENT PURSUANT TO SECTIONS 3104(A)(1) AND (3) and 3323(6) DIVORCE CODE 1. Paragraphs 1 through 10 are incorporated herein and made a part hereof by reference as though fully set forth. 2. The Plaintiff and Defendant have reached an agreement on issues including alimony, property division, child support and child custody. WHEREFORE, the Plaintiff respectfully requests that this Court approve and incorporate the agreement reached between the Plaintiff and Defendant into the final divorce decree, pursuant to Sections 3104(a) (1) and (3) and 3323(b) of the Divorce Code. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Date Plaintiff b ~ ~ o ~ ? ~ ~ ~ -~ r~ ~ ~0 '_` ~ ~ - ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Gerald Broughton Plaintiff Jessica Broughton Defendant vs. No. DIVORCE VERIFICATION I verify that the statements made in this complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 PA. C.S., §4094, relating to unsworn falsification to authorities. ~~ z~ ~ d~ ~- ~ ~ f~ Date Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Gerald Broughton Plaintiff vs. No. d7 3 /~Z ~' ~ 7-u..,. Jessica Broughton Defendant DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE Personally appeared before me the undersigned, a Notary Public in and for said County and State, Gerald Broughton, for the Plaintiff and duly authorized to execute this Affidavit, and states that the Affiant knows of his or her own knowledge that the Defendant Jessica Broughton herein is not in the military service as defined in the Servicemember's Civil Relief Act of 2003 and its Amendments thereto, for the following reasons: At no time during our marriage have I ever witnessed my spouse report to our mention servicing in any capacity in the military. Affiant further says that the obligation sought to be enforced in this suit is not an obligation against a surety guarantor, endorser, or other person liable, primarily or secondarily, for a party in the military service. ~~ Plaintiff IN WITNESS THEREOF, I have hereunto set my hand and seal. Dated: /~ dp~ ~~~ N TARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MICHAEL R. CARANCI, Notary Public Lemoyne Boro. Cumberland County My Commission Expires June 15, 2010 ._ c~. --„ c.; i ~ {-; `'-' ~ ;°--. - ~, ~_ - ;~ ;~__ - ~~ _ - ; J_ c~ LL ~, ~. .:- - __ ~ r- C~ C^J C_1 COUNSELING NOTICE UNDER Pa R C P RULE 1920.45(a)`(1) The Divorce Code of Pennsylvania n~uires that you be notified of the availability of counseling where a divon~ is sought under any of the following grounds: Section 3301(a){6) Indignities Section 3301 (c) Irretrievable Breakdown Mutual Consent Section 3301(d) Irretrievable Br+eakdoMm Two-year Separation where the court determines that there is not a n~asonable prospect of reconciliation. A list of qualified professionals is available for inspection in the Prothonotary.. Office of the Cumberland County court C~, 1 ~ ~~ per- J-~ ~~ ~1~ - 2~f~L_ C,~s _ --' ~ ~ c~ vw s~ - _~ - -a -,-~ r. _=. T ~ --. ~.~ ~ " { ` _ - i } ^ t _ _~ _. i ~~ r_ ~ ~ ~~ ~ _ x-.. - _ _ _ ~_ d TI lL ~ r`- - `~' .. a i cJ C`J C.i EM~~i•1.w.j -12e. 0 7- 3/ G z C-~-~-f ~7-~.--. Marital Separation and Property Settlement Agreement between Gerald Broughton and Jessica Broughton AGREEMENT, made this 1st day of May, 2007, between Gerald Broughton (hereinafter referred to as Husband) and Jessica Broughton (maiden name Jessica Kormos) (hereinafter referred to as Wife). EXPLANATORY STATEMENT The parties were married in Harrisburg, PA, on Sept 28, 2002, in a civil ceremony. No minor children have been born of or adopted by said marriage. Differences have arisen between the parties. They are now, and have been since February 11, 2006, no longer living as Husband and Wife, living separate and apart, voluntarily and by mutual consent, with the purpose and intent of ending their marriage. It is the desire of both parties in this Agreement to determine, settle, and formalize their duties and obligations to each other and any issues regarding alimony, their respective rights in the property or estate of the other, and in property owned by them jointly or as tenants by the entireties and in marital property, and all other rights, claims, relationships or obligations between them arising out of their marriage or otherwise, and each party having general knowledge of the properties owned by them separately and jointly and of their respective means, obligations and needs. NOW, THEREFORE, in consideration of the promises and mutual covenants and understandings of each of the parties, they each hereby mutually agree to the following: 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 or places as he or she may from time to time choose or deem fit. The parties shall not molest or interfere with each other, nor shall either attempt to compel the other to cohabit or dwell with him or her, by any means whatsoever. Husband and Wife agree that the marriage is irretrievably broken and will proceed with divorce under 23 Pa. C.A. Section 3301(c) or (d), as appropriate. Page 1 of 11 2. ALIMONY MUTUAL WAIVER. It is the mutual desire of the parties that hereafter they shall each maintain and support themselves separately and independently of the other. Accordingly, and in consideration of the terms of this Agreement, the provisions contained herein for the respective benefit of the parties, and for other good and valuable consideration, the Wife hereby releases and discharges the Husband, absolutely and forever for the rest of her life, from any and all claim or right to receive from the Husband temporary, definite, or indefinite alimony, support, or maintenance for the past, present or future. The Wife acknowledges that this provision has been explained to her and she understands and recognizes that, by the execution of this Agreement, she cannot at any time in the future make any claim against the Husband for alimony, support, or maintenance of any kind whatsoever for herself. The Husband hereby releases and discharges the Wife, absolutely and forever for the rest of his life, from any and all claim or right to receive from the Wife temporary, definite, or indefinite alimony, support, or maintenance for the past, present, or future. The Husband acknowledges that this provision has been explained to him and he understands and recognizes that, by the execution of this Agreement, he cannot at any time in the future make any claim against the Wife for alimony, support, or maintenance of any kind whatsoever for himself. 3. MEDICAL INSURANCE GENERAL. Each party shall maintain their own medical insurance on their own behalf. Each party waives any interest they have in the other's medical insurance proceeds. 4. DISPOSITION OF PROPERTY MARITAL REAL PROPERTY. The parties own as tenants by the entirety, in fee simple, the property known as 226 Erford Rd, Camp Hill, Pennsylvania 17011, which is presently occupied by the Husband. It is the intention of the parties that the Husband shall be the sole owner of the marital home. Therefore, the parties agree as follows: The parties agree that the marital home is valued at approximately Two Hundred and Ten Thousand Dollars and Zero Cents ($210,000.00), and that it currently holds two (2) liens, valued at approximately Two Hundred And Fifty Five Thousand Dollars and Zero Cents ($255,000.00). Therefore, the parties agree that the marital home currently has no equity. The Wife shall immediately sign a Deed to the marital home deeding all of her interest in it to the Husband. Said Deed shall be prepared by the Wife or her attorney and the Wife shall bear the sole cost of preparation and recording of the Deed. The parties agree that this transfer of the real property is not a sale. The Husband will not provide any financial compensation to the Wife for this transfer. The Husband shall assume all responsibility and obligation for payment of any existing lien or mortgage on this property, unless specified elsewhere in this Agreement. If any existing lien or mortgage cannot, by structure or limitation of the lien or mortgage contract, be assumed solely by one party, the Husband and Wife will cooperate fully to re-finance all existing liens into the Husband's name at the earliest future date that satisfies all the lien requirements and credit requirements that currently exist At such time as the Husband may choose to sell or refinance said property, the proceeds of such shall first pay the costs of the transaction and all encumbrances and liens against said property. Following these deductions, the Husband shall receive one hundred percent (100%) of all remaining proceeds, and the Wife shall receive zero percent (0%). Page 2 of 11 Similarly, in the event that such a sale or refinancing does not result in any net proceeds, that is, where the value of the property as specified within the sale or refinancing documents does not exceed the costs of the transaction combined with the value of all encumbrances and liens against said property which exist at that time, the parties agree that the financial responsibility for the payment of the remaining costs and balances shall be divided using the same proportions and terms. The responsibilities of the parties pertaining to capital gains taxes related to this property are specifically addressed elsewhere in this Agreement. The Husband shall be entitled to sole possession of said premises (rent-free). Expenses associated with the ownership and/or occupancy of the marital real estate shall include the mortgage, taxes, insurance, repair costs and every other cost associated with the maintenance of the property. During such time as the property is jointly-owned by the parties, the Husband's share of said expenses shall be one hundred percent (100%) and the Wife's share of said expenses shall be zero percent (0%). A party's financial responsibility shall end when all of his or her ownership and/or property rights are lawfully transferred to another. When applicable, this Agreement acts as an authorization and directive to the settlement attorney to issue separate checks to the Wife and the Husband pursuant to the details of this section of this Agreement. BUSINESS PROPERTY. The business TechHarmony, Inc. which existed prior to the marriage will remain in the husbands name only and the wife waives all claims to any portion of the business. The husband shall therefore be solely responsible for all expenses arising from the Business and the wife is held harmless from any liability. The Husband and wife will cooperate to sign any legal documents necessary to reflect this agreement. PERSONAL PROPERTY. The parties agree with respect to their personal property as follows: The 2006 Toyota Rav4 Limited, Vehicle Identification Number JTMBK31V266003339, shall become the property of the Husband, and, contemporaneously with the execution of this Agreement, the Wife will execute all documents necessary and appropriate to convey title of said automobile to the Husband. The Husband shall thereafter be solely responsible for all expenses arising from such vehicle, and shall hold the Wife harmless as to the operation, maintenance, and all financial obligations arising out of the ownership of said vehicle. The 2001 Toyota Camry, Vehicle Identification Number 4T1 BG22K51 U832664, shall become the property of the Wife, and, contemporaneously with the execution of this Agreement, the Husband will execute all documents necessary and appropriate to convey title of said automobile to the Wife. The Wife shall thereafter be solely responsible for all expenses arising from such vehicle, and shall hold the Husband harmless as to the operation, maintenance, and all financial obligations arising out of the ownership of said vehicle. Until the vehicle can be paid off or refinanced, the wife agrees to make all auto payments to the husband in advance of their due date and the husband will in turn pay the lien holder of the vehicle. The parties agree that the Husband shall have as his sole property any belongings he brought into the marriage. In addition, the Husband shall have as his sole personal property the following items: Violin, Exercise machine, Washer. The parties agree that the Wife shall have as her sole property any belongings she brought into the marriage. In addition, the Wife shall have as her sole personal property Page 3 of 11 the following items: Cello, Laptop, All In One Printer, VOIP/Network Equipment Except where otherwise specified in this Agreement, the parties shall divide between them, to their mutual satisfaction, all furniture and household furnishings, and all other items of personal property which heretofore have been held by them in common, jointly, or as tenants by the entirety, and neither party will make any claims to any such items which are agreed to be owned by the other. COMMON FINANCIAL ASSETS. Except where otherwise specified in this Agreement, the parties shall divide all joint checking and savings accounts, all stocks, all certificates of deposit, all bonds, all mutual funds, and all other common financial assets which are legally marital property, whether titled in one or both parties' names. Once divided to the satisfaction of both parties, neither party shall make any claims on the other party's common financial assets, unless such claim can be reasonably considered appropriate compensation for the breach of some other clause of this Agreement, or unless such claim is proper pursuant to a separate amendment, contract, or legal action. OTHER PROPERTY. The parties represent and acknowledge that there is no other property, real or personal, which is owned jointly or in which both have an interest, and hereafter neither party will make any claim to any item which is in the possession of the other. Each party shall own, have and enjoy independently of any claim or right or the other, all items of property, real or personal, of every kind now or hereafter owned or held by him or her with full power to dispose of same as fully and effectively in all respects and for all purposes as if he or she were unmarried. 5. LIFE INSURANCE Each party sha-I have the right to name any person or organization they so choose as beneficiary on their life insurance policies. Each party waives any interest they have in the other party's life insurance proceeds, cash value, or otherwise. 6. RETIREMENT BENEFITS The parties acknowledge that there are no retirement benefits or privileges earned by either party before or during this marriage. The parties acknowledge that there are no Individual Retirement Accounts currently possessed by either party. The Husband and the Wife agree that if any payments are specified in this section, said payments will not be taxable to the receiving party, as the payment will be received as a division of marital property of the parties. Each party pledges to cooperate with the other to secure approval of or execution of any documents that are necessary to transfer pension, 401 (k) or IRA funds to the payee from the payor's accounts, if applicable. Page 4 of 11 7. ESTATE PLANNING INHERITANCE. The parties each forever waive all rights to inherit from the other party and rights to receive any property on the death of the other party, except by reason of a will, codicil, or republication of will by the other party executed subsequent to this date. The parties each recognize that this waiver includes rights that they otherwise might have or acquire under 20 Pennsylvania Statutes 2203 et seq., any amendment thereof, or any successor statute. The foregoing, however, shall not bar a claim on the part of either party for any cause arising out of a breach of this Agreement during the lifetime of the deceased party against whose estate such claim may be made. ADMINISTRATION. The parties forever waive all rights to act as administrator of the other party's estate and all rights to request or petition for the appointment of any person to serve as such representative or to act as the executor of the other party's will, unless expressly named in a will, codicil, or republication of will by the other party, executed subsequent to this date or by reason of an insurance policy if specified within this Agreement. 8. DEBTS GENERAL. The parties agree that they will not incur or contract any debt in the name of the other, or on the credit of the other, and will not pledge the other's credit in any manner after the execution of this Agreement, and that each shall hereafter be responsible for his or her obligations, except as set forth in this Agreement. Immediately upon execution of this Agreement, each of the parties shall do whatever is necessary to close immediately all joint accounts in the name of the Husband and the Wife or either of them under which one may make purchases on the credit of the other. OTHER JOINTLY-HELD DEBT. Each party agrees to retire the following jointly-held debt in full and to hold the other harmless for same, as follows: HBSC Loan, approximate balance Twelve Thousand Dollars and Zero Cents ($12,000.00), to be paid off within 24 months from the date of this Agreement. The Husband is to pay half or Six Thousand Dollars and Zero Cents ($6,000.00) toward the retirement of this balance, and the Wife is to pay the other half or approximately Six Thousand Dollars and Zero Cents ($6,000.00) The Husband and Wife shall equally split and pay all interest or fees which accrues on this balance until the debt is paid in full. DIVORCE EXPENSES. Each party agrees to split the cost of any legal and filing costs for this agreement and divorce. The husband will take care of the initial costs and the wife agrees to reimburse the husband for her share of the cost. CREDIT HISTORY. The parties acknowledge and agree that the credit history established by them during their marriage shall be deemed to have been the credit history of both parties, notwithstanding ordinary practices of creditors and credit reporting agencies that may have reported such credit history in the name of the Husband only. The Husband agrees that he shall cooperate and execute any documents as may be required to enable the Wife to provide to her prospective creditors the full credit history of the parties during the marriage. Nothing in this Agreement is intended or shall be deemed to create any liability for the Husband of debts or obligations incurred by the Wife arising out of the credit information provided to her. INDEMNIFICATION. Except as otherwise specified herein, the parties agree that each will be responsible for his or her own debts and that neither will be responsible for the debts of the other. In the event that either party shall be called upon to answer for or to pay any debts or obligations of the other, then the Husband or the Wife, as the case may be, shall defend against the payment of such debt, and in the event the Husband or the Wife shall be required to pay, the opposite spouse shall exonerate and indemnify the Husband or the Wife against such debt, including all legal and proper costs, reasonable charges, and such damages as may have been caused by the failure to have paid such debt when due. Page 5 of 11 COMPLIANCE. At the request of the other, the parties shall at any time, and from time to time hereafter, execute, acknowledge and deliver to the other party any further instruments and assurances that may be reasonably required for the purpose of giving full force and effect to the provisions of this Agreement. If either party shall fail to comply with the provisions of this paragraph, this Agreement shall constitute an actual grant, assignment, and conveyance of the property and rights in such manner and with such force and effect as shall be necessary to effectuate the terms of this Agreement. MUTUAL RELEASE. Except as otherwise provided by this Agreement, each party hereby covenants and agrees that he or she will not incur any debts, obligations, or liabilities on the other party's credit, nor do anything for which the other party might be legally liable or answerable. Each party covenants and warrants that there are no debts or obligations of any kind incurred by him or her and binding on the other party. Except as otherwise provided by this Agreement, all property and money received and retained by the parties pursuant hereto shall be the separate property of the respective parties, free and clear of any right, interest, or claim of the other party, and each party shall have the right to deal with and dispose of his or her separate property, both real or personal, as fully and effectively as if the parties had never been married. 9. MISCELLANEOUS PROVISIONS EFFECTIVE DATE OF AGREEMENT This Agreement shall be effective as of the date it is executed by both parties. All agreements and representations of the Husband and the Wife shall be deemed to have been made as of this date. LEGAL REPRESENTATION The Husband and Wife each acknowledge that they have had the opportunity to retain counsel but have decided not to do so. The parties fully understand the facts and terms of this Agreement. Each party, whether or not represented by licensed legal counsel, enters freely and voluntarily into this Agreement. If after the final divorce judgment has been entered, either party shall default in the performance of any of the obligations of this Agreement, or of any order or judgment, the other party may take action to lawfully recover his or her reasonable attorney's fees and costs from the defaulting party or his or her estate. COSTS OF ENFORCEMENT The parties agree that any costs, including but not limited to counsel fees, court costs, investigation fees, and travel expense, incurred by a party in the successful enforcement of any of the agreements, covenants, or provisions of this Agreement, whether through litigation or other action to compel compliance herewith, shall be borne by the defaulting party. Any such costs incurred by a party in the successful defense to any action for enforcement of any of the agreements, covenants, or provisions of this Agreement shall be borne by the party seeking to enforce compliance. Page 6 of 11 TAX RETURNS AND REFUNDS The parties shall file joint Federal and state income tax returns for the taxable year 2006. The parties shall share the costs incurred in the preparation of said income tax returns or any resulting tax liability in proportion to their respective incomes. In the event, however, that either party would be obliged to pay greater taxes for the year 2006 than if that party had filed separately, the parties shall file separately rather than jointly. The parties shall file separate Federal and state income tax returns for the taxable year 2007. If the parties agree to a joint filing for any taxable year, the Husband shall indemnify and hold harmless the Wife against all claims or loss, including reasonable attorney's fees, which the Wife may incur as a result of her agreement to file joint income tax returns with the Husband, and the Wife shall indemnify and hold harmless the Husband against all claims or loss, including reasonable attorney's fees, which the Husband may incur as a result of his agreement to file joint income tax returns with the Wife; the purpose of this paragraph being that each party shall pay for his or her own errors, omissions, or failure to report his or her income correctly. INTEREST DEDUCTIONS AND DEPRECIATION. At such time as the parties file separate Federal and State Income Tax returns and as long as they own any real property described in this Agreement, the Husband shall receive one hundred percent (100%) of the interest deductions and depreciation attendant thereto, and the Wife shall therefore receive zero percent (0%) of the interest and depreciation attendant thereto. CAPITAL GAINS. The parties acknowledge that they have not accrued any capital gains from the sale of any marital property during the previous tax year, or in the current tax year until the present, which have not yet been appropriately documented within State and Federal tax filings, as required by law. Other than any capital gains tax implications and responsibilities identified in Section 4 above, if future capital gains, associated with the sale or transfer of any marital property, are recognized, the parties agree that the Husband will pay one hundred percent (100%) of all taxes due on these gains, and any and all interest and/or penalties that may become due upon that portion, and the Wife agrees to pay zero percent (0%) of all taxes due on these gains, and any and all interest and/or penalties that may become due upon that portion. COOPERATION REGARDING CLAIMS AND DEFENSES. The Husband and the Wife each agree to promptly notify the other in the event the Internal Revenue Service or any state or local taxing authority provides notice of an audit, deficiency, refund, or the adjustment regarding a tax return that was jointly filed or that should have been jointly filed. The party receiving such notice from a taxing authority shall provide a copy of the notice to the other party. The Husband and the Wife further agree to cooperate fully with the other in any claims for refunds or in defending against any deficiencies that may be determined with respect to joint income tax returns filed (or to be filed) for the calendar year 2006 and years prior. This includes, without limitation, the making, executing, and filing of amended income tax returns; applications for refunds, protests, and other instruments; and documents as may be required. RELEASE OF GENERAL CLAIMS Except as expressly provided in this Agreement, each party hereby waives, releases, renounces and forever discharges all other claims, causes of action, rights or demands, known or unknown, past, present or future, which he or she now or hereafter has, might have, or could claim to have against the other or any present or future property of the other by reason of the marital relationship or any matter, thing or cause whatsoever. Nothing in this Paragraph shall be deemed to prevent either party from enforcing the terms of this Agreement or from asserting any rights or claims expressly reserved to either party in this Agreement. Nothing herein shall impair or waive any cause of action which either party may have against the other for dissolution of the marriage or any defenses either may have to any such cause of action. The parties, by execution of this Agreement, have provided for a fair and equitable distribution of all property belonging to the parties. Page 7 of 11 AUTOMOBILE INSURANCE Each party shall be responsible for his or her own automobile insurance from the date of separation and thereafter, with no contribution required from the other party. SOCIAL SECURITY AND OTHER BENEFITS Nothing in this Agreement shall constitute a waiver of either party's individual rights to receive Social Security or other governmental benefits (state, local and/or Federal) on his or her own account, as a widow, widower, or separated or divorced person, in consonance with applicable law. BINDING EFFECT This Agreement shall be binding upon the parties, their heirs, administrators, executors and assigns. SUCCESSIONS This Agreement shall inure to the benefit of the parties and their respective heirs, administrators, executors, successors, and assigns. GOVERNING LAW This Agreement shall be governed by the law of the Commonwealth of Pennsylvania. The Husband and the Wife consent to the jurisdiction of the Court of Common Pleas of the Commonwealth of Pennsylvania for the purposes of enforcing the elements of this Agreement. ENTIRE UNDERSTANDING This Agreement contains the entire understanding and agreement of the parties pertaining to these matters, and they shall not be bound by any representations, warranties, promises, covenants, or understandings other than those set forth herein. All prior agreements, understandings, or representations are hereby terminated and cancelled in their entirety and are of no further force. No amendment or modification of this Agreement or any judgment or order based on it shall be valid unless signed by the Husband and the Wife or ordered by the court after duly noticed hearing. RELIANCE ON MATERIAL REPRESENTATIONS The Husband and the Wife acknowledge that in entering into this Agreement, each has been induced to and is directly and materially relying in good faith on the truth and completeness of the representations and warranties expressly made by the other party to this Agreement. The parties have also either agreed to not exchange any financial statements and records, or upon agreement, have exchanged sworn Financial Disclosure Affidavits (Statements of Net Worth) and other financial data including, but not limited to, joint Federal and State Income Tax Returns, W-2 Wage and Tax statements, data regarding the benefits from employment, pension information, bank statements, checking account statements, and credit card bills, as well as other miscellaneous business and personal financial data. MODIFICATION The parties at any time may, by mutual consent, amend or modify the terms of this Agreement, provided that any modification or waiver of any of the terms of this Agreement shall not be effective unless in writing and executed with the same formality as this Agreement. BREACH AND WAIVER Any waiver of any breach or default under this Agreement shall not be deemed a waiver of any subsequent breach or default. Page 8 of 11 FURTHER ASSURANCES The Husband and the Wife shall each execute and deliver promptly on request any additional papers, documents, and other assurances reasonably necessary in connection with the performance of these obligations. In the event that either party fails or refuses to comply with the provisions of this paragraph, the failing party shall reimburse the other party for all losses and expenses including, but not limited to, attorneys' fees and costs incurred as a result of such failure. SUBMISSION TO COURT This Agreement may be submitted by either party to any court before which a petition for the dissolution of the marriage may be pending for approval by the court and for incorporation into the final judgment decreeing the dissolution of the marriage. SUBSEQUENT DIVORCE If any action for divorce is hereafter instituted by either party against the other, this Agreement may, if desired, be submitted to the Court in such action for approval and incorporation in a decree should one be granted; but this Agreement shall be independent of, not merged with, nor dependent for its effectiveness upon such approval or incorporation, nor be otherwise affected thereby. RECONCILIATION The parties recognize the possibility of reconciliation. It is their intention that a reconciliation, temporary or permanent, or a further separation after any reconciliation, shall in no way abrogate or affect the provisions of this Agreement having to do with the settlement and disposition of the property rights of the parties nor their respective real and personal property, as set forth herein. DISPUTE RESOLUTION The parties agree that every dispute or difference between them, arising under this Agreement, shall be settled first by a meeting of the parties attempting to confer and resolve the dispute in a good faith manner. The parties shall attempt to meet together as soon as reasonably practical. If the parties cannot resolve their dispute after conferring, either party may require the other party to submit the matter to non-binding mediation, utilizing the services of an impartial professional mediator approved by both parties. Such mediation shall occur as soon as reasonably practical and neither party shall unreasonably withhold its consent to the appointment of the mediator. The reasonable costs and expenses of the mediator shall be borne equally between the parties. In the event that a dispute between the parties cannot be resolved in the foregoing manner, each of the parties hereby waives its rights to a trial by jury in any action or proceeding arising out of in connection with or in any way pertaining to this Agreement. It is agreed and understood that this waiver constitutes a waiver of trial by jury of all claims against all parties to such action or proceedings, including claims against parties who are not parties to this Agreement. This waiver is knowingly, willingly and voluntarily made by each party. NOTICES All written notices and demands that either of the parties gives to the other party in connection with this Agreement, or any to personal service, shall be made by mailing the notice or demand in a sealed envelope addressed to the party, with postage fully prepaid by certified mail, return receipt requested. Any service to the Husband shall be addressed to him at 226 Erford Rd, Camp Hill, Pennsylvania 17011, or another address designated by him in writing to the Wife. Any service to be made on the Wife shall be addressed to her at 11273 Charnock Rd, Los Angeles, California 90066, or another address designated by her in writing to the Husband. Page 9 of 11 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to two counterparts of this Agreement, each of which will constitute an original, this day of 20_ Gerald Broughto band t,,,~,,,'/'~~ , ~''' Witness es ica B hton, Wife Witness Page 10 of 11 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF ~ SS.: O the ~~- day of 20~, before me, iL',r~4f~ ~ ~ a notary public within and for the County and State aforesaid, personally appeared Gerald Broughton, personally known to me (or proved to me on the basis of satisfactory evidence) to be the individual whose name is subscribed to the within Agreement and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the Agreement he executed the same as his free and voluntary act and deed for the uses and purposes therein contained. IN WITNESS WHEREOF I hereunto set my hand and official seal. ~'~~ Notary Public COMMONWEALTH OF PENNSYLVANIA My commission expires on NOTARIAL SEAL MICHAEL R. CARANCI, Notary Public Lemoyne Boro. Cumberland County My Commission Expires June 15, 2010 STATE OF CALIFORNIA, COUNTY OFCG ~ ~ , SS.: On the ~~~ day of 20~, before me, ~~il,("c ~, ti,Ir'1'Or a notary pu is within and for he County and State aforesaid, personally appeared Jessica Broughton, personally known to me (or proved to me on the basis of satisfactory evidence) to be the individuai whose name is subscribed to the within Agreement and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the Agreement she executed the same as her free and voluntary act and deed for the uses and purposes therein contained. IN WITNESS WHEREOF I hereunto set my hand and official seal. Notary Public My commission expires on p~~3~J~-6~~j Optional right thumbprint of signer (not required): g1~ONi'R D.11NlNER comirwNOn ~ ~~ena haoy IRibrAC - CaNan~o MVCarrxn,e~lr«~p ,~ 401 Page 11 of 11 : . ~_~ r. a7 cda~er +~ ~a~ _~ i~~ - ~~ boa asrsprv- co, iili .~ c~e2 a, .truYta3 yr.! C'F r^.~ - 1 ~ ,•~ T7 ^J _ ~- ~&._. j. ~~ f. ~~ls d -~ ~~ ~. .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA FAMILY DIVISION Gerald Broughton Plaintiff vs. ~ No. 2007003162 Jessica Broughton Defendant DIVORCE AFFIDAVIT OF SERVICE Gerald Broughton, after being duly cautioned and sworn, deposed and says that in regard to the above- ptione~J case, I served Jessica Broughton with a true and correct copy of the ~„~Q u~ n b~~ (document) on the date of r ~ ~ ~~ -~, in the manner of (a) Certified Mail sent to the following address: t 12 ~'~ ~,l ~~.-1~~~ 2.~ (b) Personal Service. This document was hand-delivered by: whose age is and address is l/ ~~.~~_._. Plaintiff SWORN and SUBSCRIBED to before me this l4~ day of , ~~• No c COMMONWEALTH OF PENNSYLVANIA Notarial SEaI Cathy L. Youngblood, N~atary Public Lemoyne Soro, Cumberland County My Commission Expires June 22, 2010 Member. Pennsylvania Association of Notaries ^ Complete items 1, 2, and 3. Also complete item 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 mailpiece, or on the front if space permits. 1. ~A~rt`icle Addressed/to~: VQ5's/Ga tlO/~"'o/~ ~ ~.~ Los ~~s ~. ~~, C,4 ~~ ~~S A. Signature ^ Agent ' V-a'o-~ Addressee B. eived by (Printed Name) C. Date f Delivery M~~ `.. Z Q D. Is delivery address differerrt from Rem 1? ^ Yes If YES, enter delivery address below: ~No 3. Ice Type _ Certifted Mail ^ Express Mail ^ Registered ^ Retum Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ~ Yes 2. Article Number (Transfer from sere/ce laben 7 0 6 215 0 ~ ~ ~ 0 5 8 0 7 7 4 9 9 PS Form 3811, February 2004 DomeaNc Retum Receipt 102595-02-M-1540 C) C .-,.., - ~;. f. na c:~ -...i t__. 'T7 I'V -1-) --t ~i ~ -_-t rr; :J ~f _, {. _.' -r , J r-JS rr3 :~ -< ~n t?rc ~ t~ ~rdu-, ~'l~i. -- vs Case No. ~ ~ ~ 3J ~ ~+ -~3 0 .~~.~-- rn~ 4 ~Q N Statement of Intention to Proceed b~ ~ ?o Sy C N To the Court: @~- ~ ~~ 1'0 ~ ? ~-, intends to proceed with the above captioned matter. / ,Q ~ Print Name (~/'~ /~ `-'l~~~i ~t~ n Sign Name ~ Date: / ~~ /Q J/ (~ Att®rney for ~_ Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the ternnation of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Role 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Ru1e230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (dx2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (dx3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of temunation on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common taw non pros which exits independently of termination under Rule 230.2. C:? '-t rn~ ~~ ~o a, ~° a ~' o~ -i ~ n -G GERALD BROUGHTON, : IN THE COURT OF COMMON PL -- Plaintiff. : OF CUMBERLAND COUNTY, zr"r' C= PENNSYLVANIA ter` -" B x, V. NO. 07-3162 ? ? ; t C JESSICA BROUGHTON, : CIVIL ACTION-LAW Defendant. IN DIVORCE - ' AFFIDAVIT OF CONSENT A complaint in divorce under §3301(c) of the Divorce Code was filed on May 24, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ! z --?- / ? '4?? erald Brou ton GERALD BROUGHTON, IN THE COURT OF COMMON PLEAS Plaintiff. : OF CUMBERLAND COUNTY, -9 PENNSYLVANIA o cu = C V. : NO. 07-3162 rn 2;0 _ -'Orn JESSICA BROUGHTON, : CIVIL ACTION-LAW Defendant. IN DIVORCE era - WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: '5-1Z 7- / It C Gerald Broughton FILED-OFFIL ,r- SRO ! FOB ; , i, ` ?r THE 7011 _111N If; AM 11: 00 GERALD BROUGHTON, OUMBERLAr$ 'TCOURT OF COMMON PLEAS Plaintiff.EMMSYLMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-3162 JESSICA BROUGHTON, : CIVIL ACTION-LAW Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on May 24, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ts ca Broughton 5 } ^\ y GERALD BROUGHTON r?7 Cc IN THE COURT OF COMMON PL ' , Plaintiff. OF CUMBERLAND COUNTY, .... ? PENNSYLVANIA rt °1 V. NO. 07-3162 JESSICA BROUGHTON, : CIVIL ACTION-LAW " Defendant. IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE I . I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: J a Broughton d 7 -- 31 6 oZ. cart T tjr PRO: L I f c1 i.1 a 16 CUMBERLA, N? D ru Modified Marital Separation and Property Settlement Agreement between Gerald Broughton and Jessica Broughton AGREEMENT, made this ? day of AQ," I I , 2011, between Gerald Broughton (hereinafter referred to as Husband) and Jessica Broughton (maiden name Jessica Kormos) (hereinafter referred to as Wife). EXPLANATORY STATEMENT The parties were married in Harrisburg, PA, on Sept 28, 2002,. No minor children have been born of or adopted by said marriage. Differences have arisen between the parties. They are now, and have been since February 11, 2006, no longer living as Husband and Wife, living separate and apart, voluntarily and by mutual consent, with the purpose and intent of ending their marriage. It is the desire of both parties in this Agreement to determine, settle, and formalize their duties and obligations to each other and any issues regarding alimony, their respective rights in the property or estate of the other, and in property owned by them jointly or as tenants by the entireties and in marital property, and all other rights, claims, relationships or obligations between them arising out of their marriage or otherwise, and each party having general knowledge of the properties owned by them separately and jointly and of their respective means, obligations and needs. NOW, THEREFORE, in consideration of the promises and mutual covenants and understandings of each of the parties, they each hereby mutually agree to the following: 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 or places as he or she may from time to time choose or deem fit. The parties shall not molest or interfere with each other, nor shall either attempt to compel the other to cohabit or dwell with him or her, by any means whatsoever. Husband and Wife agree that the marriage is irretrievably broken and will proceed with divorce under 23 Pa. C.A. Section 3301(c) or (d), as appropriate. 2. ALIMONY MUTUAL WAIVER. It is the mutual desire of the parties that hereafter they shall each maintain and support themselves separately and independently of the other. Accordingly, and in consideration of the terms of this Agreement, the provisions contained herein for the respective benefit of the parties, and for other good and valuable consideration, the Wife hereby releases and discharges the Husband, absolutely and forever for the rest of her life, from any and all claim or right to receive from the Husband temporary, definite, or indefinite alimony, support, or maintenance for the past, present or future. The Wife acknowledges that this provision has been explained to her and she understands and recognizes that, by the execution of this Agreement, she cannot at any time in the future make any claim against the Husband for alimony, support, or maintenance of any kind whatsoever for herself. The Husband hereby releases and discharges the Wife, absolutely and forever for the rest of his life, from any and all claim or right to receive from the Wife temporary, definite, or indefinite alimony, support, or maintenance for the past, present, or future. The Husband acknowledges Page 1 of 11 that this provision has been explained to him and he understands and recognizes that, by the execution of this Agreement, he cannot at any time in the future make any claim against the Wife for alimony, support, or maintenance of any kind whatsoever for himself. 3. MEDICAL INSURANCE GENERAL. Each party shall maintain their own medical insurance on their own behalf. Each party waives any interest they have in the other's medical insurance proceeds. 4. DISPOSITION OF PROPERTY MARITAL REAL PROPERTY. The parties own as tenants by the entirety, in fee simple, the property known as 226 Erford Rd, Camp Hill, Pennsylvania 17011, which is presently occupied by the Husband. It is the intention of the parties that the Husband shall be the sole owner of the marital home. Husband shall refinance the home within 3 years to remove Wife's name from the mortgage due to the liens and other issues. Everything else that can be done to remove her name from anything else tied, will be done and if removing her name from the house can be done sooner, it will be done sooner. The parties agree that the marital home is valued at approximately Two Hundred and Ten Thousand Dollars and Zero Cents ($210,000.00), and that it currently holds two (2) liens, valued at approximately Two Hundred And Fifty Five Thousand Dollars and Zero Cents ($255,000.00). Therefore, the parties agree that the marital home currently has no equity. Jerry to update with current state The Wife shall immediately sign a Deed to the marital home conveying her interest to Husband. Said Deed shall be prepared by the Husband or his attorney and the Husband shall bear the sole cost of preparation and recording of the Deed. The parties agree that this transfer of the real property is not a sale. The Husband will not provide any financial compensation to the Wife for this transfer. The Husband shall assume all responsibility and obligation for payment of any existing lien or mortgage on this property, unless specified elsewhere in this Agreement. If any existing lien or mortgage cannot, by structure or limitation of the lien or mortgage contract, be assumed solely by one party, the Husband and Wife will cooperate fully to re-finance all existing liens into the Husband's name at the earliest future date that satisfies all the lien requirements and credit requirements that currently exist At such time as the Husband may choose to sell or refinance said property, the proceeds of such shall first pay the costs of the transaction and all encumbrances and liens against said property. Following these deductions, the Husband shall receive one hundred percent (100%) of all remaining proceeds, and the Wife shall receive zero percent (0%). Similarly, in the event that such a sale or refinancing does not result in any net proceeds, that is, where the value of the property as specified within the sale or refinancing documents does not exceed the costs of the transaction combined with the value of all encumbrances and liens against said property which exist at that time, the parties agree that the financial responsibility for the payment of the remaining costs and balances shall be divided using the same proportions and terms. The responsibilities of the parties pertaining to capital gains taxes related to this property are specifically addressed elsewhere in this Agreement. The Husband shall be entitled to sole possession of said premises. Expenses associated with the ownership and/or occupancy of the marital real estate shall Page 2 of 11 include the mortgage, taxes, insurance, repair costs and every other cost associated with the maintenance of the property. During such time as the property is jointly-owned by the parties, the Husband's share of said expenses shall be one hundred percent (100%) and the Wife's share of said expenses shall be zero percent (0%). A party's financial responsibility shall end when all of his or her ownership and/or property rights are lawfully transferred to another. When applicable, this Agreement acts as an authorization and directive to the settlement attorney to issue separate checks to the Wife and the Husband pursuant to the details of this section of this Agreement. As a show of good faith, and to prove that he is working to pay down the debts accrued to be able to refinance the house in his name only (with the exception of paying off the mortgage and his car loan within the three year time frame), Husband agrees to work with his accountant, Brian Carey, to implement and execute a business and debt repayment plan. Monthly updates will be provided to Wife to prove that everything is being done by Husband to clean up his credit report. If, after three years, if Husband is unable to refinance the house is his name alone, the property (226 Erford Road, Camp Hill, PA 17011) will be immediately placed for sale. If there is still debt on the property it will be solely assumed by Husband. BUSINESS PROPERTY. The business TechHarmony, Inc. which existed prior to the marriage will remain in the husbands name only and the wife waives all claims to any portion of the business. The husband shall therefore be solely responsible for all expenses arising from the Business and the wife is held harmless from any liability. The Husband and wife will cooperate to sign any legal documents necessary to reflect this agreement. PERSONAL PROPERTY. The parties agree with respect to their personal property as follows: The 2006 Toyota Rav4 Limited, Vehicle Identification Number JTMBK31 V266003339, shall become the property of the Husband, and, contemporaneously with the execution of this Agreement, the Wife will execute all documents necessary and appropriate to convey title of said automobile to the Husband. The Husband shall thereafter be solely responsible for all expenses arising from such vehicle, and shall hold the Wife harmless as to the operation, maintenance, and all financial obligations arising out of the ownership of said vehicle. The 2001 Toyota Camry, Vehicle Identification Number 4T1 BG22K51 U832664, shall become the property of the Wife, and, contemporaneously with the execution of this Agreement, the Husband will execute all documents necessary and appropriate to convey title of said automobile to the Wife. The Wife shall thereafter be solely responsible for all expenses arising from such vehicle, and shall hold the Husband harmless as to the operation, maintenance, and all financial obligations arising out of the ownership of said vehicle. Until the vehicle can be paid off or refinanced, the wife agrees to make all auto payments to the husband in advance of their due date and the husband will in turn pay the lien holder of the vehicle. The parties agree that the Husband shall have as his sole property any belongings he brought into the marriage. In addition, the Husband shall have as his sole personal property the following items: Exercise machine, Washer. The parties agree that the Wife shall have as her sole property any belongings she brought into the marriage. Page 3 of 11 Except where otherwise specified in this Agreement, the parties shall divide between them, to their mutual satisfaction, all furniture and household furnishings, and all other items of personal property which heretofore have been held by them in common, jointly, or as tenants by the entirety, and neither party will make any claims to any such items which are agreed to be owned by the other. COMMON FINANCIAL ASSETS. Except where otherwise specified in this Agreement, the parties shall divide all joint checking and savings accounts, all stocks, all certificates of deposit, all bonds, all mutual funds, and all other common financial assets which are legally marital property, whether titled in one or both parties' names. Once divided to the satisfaction of both parties, neither party shall make any claims on the other party's common financial assets, unless such claim can be reasonably considered appropriate compensation for the breach of some other clause of this Agreement, or unless such claim is proper pursuant to a separate amendment, contract, or legal action. OTHER PROPERTY. The parties represent and acknowledge that there is no other property, real or personal, which is owned jointly or in which both have an interest, and hereafter neither party will make any claim to any item which is in the possession of the other. Each party shall own, have and enjoy independently of any claim or right or the other, all items of property, real or personal, of every kind now or hereafter owned or held by him or her with full power to dispose of same as fully and effectively in all respects and for all purposes as if he or she were unmarried. 5. LIFE INSURANCE Each party shall have the right to name any person or organization they so choose as beneficiary on their life insurance policies. Each party waives any interest they have in the other party's life insurance proceeds, cash value, or otherwise. 6. RETIREMENT BENEFITS The parties acknowledge that there are no retirement benefits or privileges earned by either party before or during this marriage. The parties acknowledge that there are no Individual Retirement Accounts currently possessed by either party. The Husband and the Wife agree that if any payments are specified in this section, said payments will not be taxable to the receiving party, as the payment will be received as a division of marital property of the parties. Each party pledges to cooperate with the other to secure approval of or execution of any documents that are necessary to transfer pension, 401(k) or IRA funds to the payee from the payor's accounts, if applicable. 7. ESTATE PLANNING INHERITANCE. The parties each forever waive all rights to inherit from the other party and rights to receive any property on the death of the other party, except by reason of a will, codicil, or republication of will by the other party executed subsequent to this date. The parties each recognize that this waiver includes rights that they otherwise might have or acquire under 20 Pennsylvania Statutes 2203 et seq., any amendment thereof, or any successor statute. The foregoing, however, shall not bar a claim on the part of either party for any cause arising out of a breach of this Agreement during the lifetime of the deceased party against whose estate such claim may be made. ADMINISTRATION. The parties forever waive all rights to act as administrator of the other party's estate and all rights to request or petition for the appointment of any person to serve as such representative or to act as the executor of the other party's will, unless expressly named in a will, codicil, or republication of will by the other party, executed subsequent to this date or by reason of an insurance policy if specified within this Agreement. Page 4 of 11 8. DEBTS GENERAL. The parties agree that they will not incur or contract any debt in the name of the other, or on the credit of the other, and will not pledge the other's credit in any manner after the execution of this Agreement, and that each shall hereafter be responsible for his or her obligations, except as set forth in this Agreement. Immediately upon execution of this Agreement, each of the parties shall do whatever is necessary to close immediately all joint accounts in the name of the Husband and the Wife or either of them under which one may make purchases on the credit of the other. OTHER JOINTLY-HELD DEBT. Each party agrees to retire the following jointly-held debt in full and to hold the other harmless for same as agreed in the table under mutual release. DIVORCE EXPENSES. Each party agrees to split the cost of any legal and filing costs for this agreement and divorce. The husband will take care of the initial costs and the wife agrees to reimburse the husband for her share of the cost. CREDIT HISTORY. The parties acknowledge and agree that the credit history established by them during their marriage shall be deemed to have been the credit history of both parties, notwithstanding ordinary practices of creditors and credit reporting agencies that may have reported such credit history in the name of the Husband only. The Husband agrees that he shall cooperate and execute any documents as may be required to enable the Wife to provide to her prospective creditors the full credit history of the parties during the marriage. Nothing in this Agreement is intended or shall be deemed to create any liability for the Husband of debts or obligations incurred by the Wife arising out of the credit information provided to her. INDEMNIFICATION. Except as otherwise specified herein, the parties agree that each will be responsible for his or her own debts and that neither will be responsible for the debts of the other. In the event that either party shall be called upon to answer for or to pay any debts or obligations of the other, then the Husband or the Wife, as the case may be, shall defend against the payment of such debt, and in the event the Husband or the Wife shall be required to pay, the opposite spouse shall exonerate and indemnify the Husband or the Wife against such debt, including all legal and proper costs, reasonable charges, and such damages as may have been caused by the failure to have paid such debt when due. COMPLIANCE. At the request of the other, the parties shall at any time, and from time to time hereafter, execute, acknowledge and deliver to the other party any further instruments and assurances that may be reasonably required for the purpose of giving full force and effect to the provisions of this Agreement. If either party shall fail to comply with the provisions of this paragraph, this Agreement shall constitute an actual grant, assignment, and conveyance of the property and rights in such manner and with such force and effect as shall be necessary to effectuate the terms of this Agreement. MUTUAL RELEASE. Except as otherwise provided by this Agreement, each party hereby covenants and agrees that he or she will not incur any debts, obligations, or liabilities on the other party's credit, nor do anything for which the other party might be legally liable or answerable. Each party covenants and warrants that there are no debts or obligations of any kind incurred by him or her and binding on the other party. Except as otherwise provided by this Agreement, all property and money received and retained by the parties pursuant hereto shall be the separate property of the respective parties, free and clear of any right, interest, or claim of the other party, and each party shall have the right to deal with and dispose of his or her separate property, both real or personal, as fully and effectively as if the parties had never been married. Debts will be divided between Husband and Wife as follows: These amounts are only a guideline and will always be the total current amount due. Debts to be assumed by Husband Debts to be assumed by Wife Page 5 of 11 IRS Personal - $1950 (half of the $3900 owed) IRS Personal - $1950 (half of the $3900 owed) IRS Business Debt - $32,000 Unemployment - $3800 Local - $5800 HSBC - $17719 HSBC - $8859.50 (half of the amount owed) PSECU (RAV-4 Car Loan) - $11,519 Capital One - $3333 LVNV - $1269 Capital One - $868 SMS - $1700 State - $1270 First National - $51,000 OCWEN (Mortgage) - $186,267 Once Wife's portion of the debts have been paid, she will be held harmless against any of the remaining monies owed. 9. MISCELLANEOUS PROVISIONS EFFECTIVE DATE OF AGREEMENT This Agreement shall be effective as of the date it is executed by both parties. All agreements and representations of the Husband and the Wife shall be deemed to have been made as of this date. LEGAL REPRESENTATION The Husband and Wife each acknowledge that they have had the opportunity to retain counsel but have decided not to do so. The parties fully understand the facts and terms of this Agreement. Each party, whether or not represented by licensed legal counsel, enters freely and voluntarily into this Agreement. If after the final divorce judgment has been entered, either party shall default in the performance of any of the obligations of this Agreement, or of any order or judgment, the other party may take action to lawfully recover his or her reasonable attorney's fees and costs from the defaulting party or his or her estate. COSTS OF ENFORCEMENT The parties agree that any costs, including but not limited to counsel fees, court costs, investigation fees, and travel expense, incurred by a party in the successful enforcement of any of the agreements, covenants, or provisions of this Agreement, whether through litigation or other action to compel compliance herewith, shall be borne by the defaulting party. Any such costs incurred by a party in the successful defense to any action for enforcement of any of the agreements, covenants, or provisions of this Agreement shall be borne by the party seeking to enforce compliance. TAX RETURNS AND REFUNDS The parties shall file joint Federal and state income tax returns for the taxable year 2010. The Page 6 of 11 parties shall share the costs incurred in the preparation of said income tax returns or any resulting tax liability in proportion to their respective incomes. In the event, however, that either party would be obliged to pay greater taxes for the year 2010 than if that party had filed separately, the parties shall file separately rather than jointly. The parties shall file separate Federal and state income tax returns for the taxable year 2011. If the parties agree to a joint filing for any taxable year, the Husband shall indemnify and hold harmless the Wife against all claims or loss, including reasonable attorney's fees, which the Wife may incur as a result of her agreement to file joint income tax returns with the Husband, and the Wife shall indemnify and hold harmless the Husband against all claims or loss, including reasonable attorney's fees, which the Husband may incur as a result of his agreement to file joint income tax returns with the Wife; the purpose of this paragraph being that each party shall pay for his or her own errors, omissions, or failure to report his or her income correctly. INTEREST DEDUCTIONS AND DEPRECIATION. At such time as the parties file separate Federal and State Income Tax returns and as long as they own any real property described in this Agreement, the Husband shall receive one hundred percent (100%) of the interest deductions and depreciation attendant thereto, and the Wife shall therefore receive zero percent (0%) of the interest and depreciation attendant thereto. CAPITAL GAINS. The parties acknowledge that they have not accrued any capital gains from the sale of any marital property during the previous tax year, or in the current tax year until the present, which have not yet been appropriately documented within State and Federal tax filings, as required by law. Other than any capital gains tax implications and responsibilities identified in Section 4 above, if future capital gains, associated with the sale or transfer of any marital property, are recognized, the parties agree that the Husband will pay one hundred percent (100%) of all taxes due on these gains, and any and all interest and/or penalties that may become due upon that portion, and the Wife agrees to pay zero percent (0%) of all taxes due on these gains, and any and all interest and/or penalties that may become due upon that portion. COOPERATION REGARDING CLAIMS AND DEFENSES. The Husband and the Wife each agree to promptly notify the other in the event the Internal Revenue Service or any state or local taxing authority provides notice of an audit, deficiency, refund, or the adjustment regarding a tax return that was jointly filed or that should have been jointly filed. The party receiving such notice from a taxing authority shall provide a copy of the notice to the other party. The Husband and the Wife further agree to cooperate fully with the other in any claims for refunds or in defending against any deficiencies that may be determined with respect to joint income tax returns filed (or to be filed) for the calendar year 2006 and years prior. This includes, without limitation, the making, executing, and filing of amended income tax returns; applications for refunds, protests, and other instruments; and documents as may be required. RELEASE OF GENERAL CLAIMS Except as expressly provided in this Agreement, each party hereby waives, releases, renounces and forever discharges all other claims, causes of action, rights or demands, known or unknown, past, present or future, which he or she now or hereafter has, might have, or could claim to have against the other or any present or future property of the other by reason of the marital relationship or any matter, thing or cause whatsoever. Nothing in this Paragraph shall be deemed to prevent either party from enforcing the terms of this Agreement or from asserting any rights or claims expressly reserved to either party in this Agreement. Nothing herein shall impair or waive any cause of action which either party may have against the other for dissolution of the marriage or any defenses either may have to any such cause of action. The parties, by execution of this Agreement, have provided for a fair and equitable distribution of all property belonging to the parties. AUTOMOBILE INSURANCE Each party shall be responsible for his or her own automobile insurance from the date of Page 7 of 11 separation and thereafter, with no contribution required from the other party. SOCIAL SECURITY AND OTHER BENEFITS Nothing in this Agreement shall constitute a waiver of either party's individual rights to receive Social Security or other governmental benefits (state, local and/or Federal) on his or her own account, as a widow, widower, or separated or divorced person, in consonance with applicable law. BINDING EFFECT This Agreement shall be binding upon the parties, their heirs, administrators, executors and assigns. SUCCESSIONS This Agreement shall inure to the benefit of the parties and their respective heirs, administrators, executors, successors, and assigns. GOVERNING LAW This Agreement shall be governed by the law of the Commonwealth of Pennsylvania. The Husband and the Wife consent to the jurisdiction of the Court of Common Pleas of the Commonwealth of Pennsylvania for the purposes of enforcing the elements of this Agreement. ENTIRE UNDERSTANDING This Agreement contains the entire understanding and agreement of the parties pertaining to these matters, and they shall not be bound by any representations, warranties, promises, covenants, or understandings other than those set forth herein. All prior agreements, understandings, or representations are hereby terminated and cancelled in their entirety and are of no further force. No amendment or modification of this Agreement or any judgment or order based on it shall be valid unless signed by the Husband and the Wife or ordered by the court after duly noticed hearing. RELIANCE ON MATERIAL REPRESENTATIONS The Husband and the Wife acknowledge that in entering into this Agreement, each has been induced to and is directly and materially relying in good faith on the truth and completeness of the representations and warranties expressly made by the other party to this Agreement. The parties have also either agreed to not exchange any financial statements and records, or upon agreement, have exchanged sworn Financial Disclosure Affidavits (Statements of Net Worth) and other financial data including, but not limited to, joint Federal and State Income Tax Returns, W-2 Wage and Tax statements, data Ggoarding the benefits from employment, pension information, bank statements, checking account statements, and credit card bills, as well as other miscellaneous business and personal financial data. MODIFICATION The parties at any time may, by mutual consent, amend or modify the terms of this Agreement, provided that any modification or waiver of any of the terms of this Agreement shall not be effective unless in writing and executed with the same formality as this Agreement. BREACH AND WAIVER Any waiver of any breach or default under this Agreement shall not be deemed a waiver of any subsequent breach or default. Page 8 of 11 FURTHER ASSURANCES The Husband and the Wife shall each execute and deliver promptly on request any additional papers, documents, and other assurances reasonably necessary in connection with the performance of these obligations. In the event that either party fails or refuses to comply with the provisions of this paragraph, the failing party shall reimburse the other party for all losses and expenses including, but not limited to, attorneys' fees and costs incurred as a result of such failure. SUBMISSION TO COURT This Agreement may be submitted by either party to any court before which a petition for the dissolution of the marriage may be pending for approval by the court and for incorporation into the final judgment decreeing the dissolution of the marriage. SUBSEQUENT DIVORCE If any action for divorce is hereafter instituted by either party against the other, this Agreement may, if desired, be submitted to the Court in such action for approval and incorporation in a decree should one be granted; but this Agreement shall be independent of, not merged with, nor dependent for its effectiveness upon such approval or incorporation, nor be otherwise affected thereby. RECONCILIATION The parties recognize the possibility of reconciliation. It is their intention that a reconciliation, temporary or permanent, or a further separation after any reconciliation, shall in no way abrogate or affect the provisions of this Agreement having to do with the settlement and disposition of the property rights of the parties nor their respective real and personal property, as set forth herein. DISPUTE RESOLUTION The parties agree that every dispute or difference between them, arising under this Agreement, shall be settled first by a meeting of the parties attempting to confer and resolve the dispute in a good faith manner. The parties shall attempt to meet together as soon as reasonably practical. If the parties cannot resolve their dispute after conferring, either party may require the other party to submit the matter to non-binding mediation, utilizing the services of an impartial professional mediator approved by both parties. Such mediation shall occur as soon as reasonably practical and neither party shall unreasonably withhold its consent to the appointment of the mediator. The reasonable costs and expenses of the mediator shall be borne equally between the parties. In the event that a dispute between the parties cannot be resolved in the foregoing manner, each of the parties hereby waives its rights to a trial by jury in any action or proceeding arising out of in connection with or in any way pertaining to this Agreement. It is agreed and understood that this waiver constitutes a waiver of trial by jury of all claims against all parties to such action or proceedings, including claims against parties who are not parties to this Agreement. This waiver is knowingly, willingly and voluntarily made by each party. NOTICES All written notices and demands that either of the parties gives to the other party in connection with this Agreement, or any to personal service, shall be made by mailing the notice or demand in a sealed envelope addressed to the party, with postage fully prepaid by certified mail, return receipt requested. Any service to the Husband shall be addressed to him at 226 Erford Rd, Camp Hill, Pennsylvania 17011, or another address designated by him in writing to the Wife. Any service to be made on the Wife shall be addressed to her at Page 9 of 11 230 South Madison Ave #103 Pasadena, CA 91101, or another address designated by her in writing to the Husband. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to two counterparts of thi Agreement, each of which will constitute an original, this f/ fr day of l , 2011. essi Broughton, N- %?' Witness U U L-1) Page 10 of 11 COMMONWEALTH OF PENySYLVANIA, COUN OF LX6 SS.: the l day of 2011, before me, i/1n 1,1 'q 3/ , a notary ublic within and for the County and State aforesaid, personally appeared Gerald Broughton, personally known to me (or proved to me on the basis of satisfactory evidence) to be the individual whose name is subscribed to the within Agreement and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the Agreement he executed the same as his free and voluntary act and deed for the uses and purposes therein contained. IN WITNESS WHEREOF I hereuntot my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA My commission expires on sew AmanE:ID. S~, Notary Public Lowy AV.. Cumbwl end county My Comw E)*n June 8, 2011 STATE OF CALIFORNIA, COUNTY OF , SS.: On the day of , 2011, before me, , a notary public within and for the County and State aforesaid, personally appeared Jessica Broughton, personally known to me (or proved to me on the basis of satisfactory evidence) to be the individual whose name is subscribed to the within Agreement and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the Agreement she executed the same as her free and voluntary act and deed for the uses and purposes therein contained. IN WITNESS WHEREOF I hereunto set my hand and official seal. SEE ATTACHED N®TARIAL CERTIFICATE Notary Public My commission expires on RI 141 2Z0- Optional right thumbprint of signer (not required): Page 11 of 11 State of California County of Los Angeles ArK* WLEDGMENT ss. On April 22, 2011 before me, G. Fleming, Notary Public , (Name and title of the officer) personally appeared Jessica Broughton Name(s) of Signer(s) Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. G. FUMING Commission # 1790422 Notary Public - California : r Los Angeles County MyComm. EON Feb 14, 2012 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature mm?? ig ture of No blic OPTIONAL INFORMATION Description of Attached Document: Marital Separation and Property Settlement Agreement between Gerald Broughton and Jessica Broughton Number of Pages: 11 Document Date: April 22, 2011 Embosser Seal GERALD BROUGHTON, IN THE COURT OF COMMON PLEAS Plaintiff. OF CUMBERLAND COUNTY, = PENNSYLVANIA -pco C 1 V. NO. 07-3162 x; JESSICA BROUGHTON, : CIVIL ACTION-LAW Defendant. IN DIVORCE ' PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: Certified Mail, Return Receipt Requested, signed for by Defendant on May 29, 2007. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: By Plaintiff: May 27, 2011, By Defendant: May 17, 2011. 4. Related claims pending: NONE. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: June 16, 2011. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: June 16, 2011. Respectfully Submitted, BY: AzS4j?M. elly M. Dick Supreme Court ID# 93167 204 North George Street, Suite 200 York, Pennsylvania 17401 (717) 848-5522 Attorney for Plaintiff Date: June 16, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERALD BROUGHTON V. JESSICA BROUGHTON NO. 07-3162 DIVORCE DECREE AND NOW, ?, (,t v2rr ??? , it is ordered and decreed that • GERALD BROUGHTON , plaintiff, and JESSICA BROUGHTON , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Modified Marital Settlement Agreement dated April 22, 2011, is hereby incorporated but not merged into the final decree. By the Court, Attest: 14 V/D P. Bvtr-lzi r ,red f,/?, D7?eP ?y