HomeMy WebLinkAbout07-4068
Thomas D. Gould, Esquire
I.D. # 36508
2 East Main Street
Shiremanstov~n, PA 17011
(717) 731-1461
BRIAN D. PUTNEY,
PLAINTIFF
v.
PATRICIA A. PUTNEY,
DEFENDANT
IN THE COURT OF COMMON PLEAS
COUNTY, PENNSYLVANIA
NO. 2007 - y0 ~~ CIVIL TERM
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 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 claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for is indignities or irretrievable breakdown
of the marriage,. you may request marriage counseling. A list of
marriage counselors is available in the Court Administrator's
Office, Fourth floor, Cumberland County Courthouse, Hanover and
High Streets, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
• ~,
BRIAN D. PUTNEY,
PLAINTIFF
v.
PATRICIA A. PUTNEY,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - ~fQ~ ~S CIVIL TERM
IN DIVORCE
COMPLAINT UNDER SECTION 3301(c) OR
3301(d) OF THE DIVORCE CODE IN DIVORCE
1. The Plaintiff is Brian D. Putney who resides at 812
Division Street, P.O. Box 234, Gratham, Cumberland County,
Pennsylvania 17027.
2. The Defendant is Patricia A. Putney, who resides at 1117
Cocklin Street, Mechanicsburg, Cumberland County, Pennsylvania
17055.
3. The Plaintiff and Defendant have been bonafide residents
of the Commonwealth of Pennsylvania for at least six months
immediately prior to the filing of this Complaint.
4. The Plaintiff and Defendant were married on August 11,
1984 in Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or annulment
between the parties in this or any other jurisdiction.
6. The marriage is irretrievably broken.
7. The Defendant is not a member of the Armed Services of
the United States or any of its Allies.
~ ~
9. The Plaintiff has been advised of the availability of
counseling and that Plaintiff may have the right to request that
the Court require the parties to participate in counseling.
10. Plaintiff requests the court to enter a decree of
divorce.
Thomas D. Gould
Attorney for Plaintiff
I.D. # 36508
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
VERIFICATION
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 unsworn
falsification to authorities.
Date:
Brian D. Putney
NOTI E OF AVAILABILITY (~F COUNSELING
TO THE WITHIN~NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in a
divorce proceeding filed in the Court of Common Pleas of Cumberland
County. This notice is to advise you that in accordance with
Section 3302 (c) of the Divorce Code, you may request that the court
require you and your spouse to attend marriage counseling prior to
a divorce being handed down by the court. A list of professional
marriage counselors is available at the Domestic Relations Office,
13 North Hanover Street, Carlisle, Pennsylvania. You are advised
that this list is kept as a convenience to .you -and you are not
bound. to choose a counselor from this list. All necessary
arrangements and the cost of counseling sessions are to be borne by
you and your spouse.
If you desire to pursue counseling, you must make your request
for counseling within twenty days of the date on which you receive
this notice. Failure to do so will constitute a waiver of your
right to request counseling.
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BRIAN D. PUTNEY,
PLAINTIFF
v.
PATRICIA A. PUTNEY,
DEFENDANT
•
. IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 4068 CIVIZ~ TERM
IN DIVORCE
ACCEPTANCE i~F SERVIC'F
I, Patricia P.. Putney,, accept service of the Divorce Complaint
in the a~~ove captioned matter.
-GJ 7 2~ ~® 7
Datecz:
PATRICIA A. PUTNEY ~,~
111'7 COCKLTN STREET
MECHANICSBURG, PA 17055
DE FENDP.NT
~I
BRIAN I) . PUTNEY ,
PLAINTIFF
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 4068 CIVIL TERM
PATRICIA A. PUTNEY, IN DIVORCE
DEFENDANT
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c; of the
Divorce Code was filed on July 6, 2007.
2_. The marriage of Plaintiff and Def endant is irretr_.evably
broken and ninety (90) days have elapsed from the date of the
filing and service of the Complaint.
3. I consent to the entry of a Fina~ Decree of Divorce after
service of not_ce of intention to request entry of the dE.~cree. I
acknowledge that pursuant: to Rule 1920.~2(e) ~ have waived the
requirement that I receive 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 ar_<~ subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authori_t__es .
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DATED: _ - ~-~~~ ~ _~~ /
BRI D. PUTNEY -
BRIAN D. PUTNEY,
PLAINTIFF
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 4068 CIVIL TERM
PATRICIA A. PUTNEY, IN DIVORCE
DEFENDANT
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c') of the
Divorce Code was filed on July 6, 2007.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) clays have elapsed from the date of the
filing and service of the Complaint.
3. I consent to the entry of a Final Decree of Divorce after
service of not__ce of inte:~tion to request entry of the decree. I
acknowledge that pursuant; to Rule 1920.42 (e) I have waived the
requirement that I receive notice of intention to :request entry of
the decree.
verify ghat the statements made in this Affidavit are true
and cor_~ect. I understand that false statements herein are subject
to the penalties of 18 Pa. C.S. Section 4904 relating t~ unsworn
falsification to authorities.
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1 .C%' 1. ~ LPL-' / L ~'C ~ }/
DATED: _ ._~- w
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PATRICIA A. PUTNEY
BRIAN D. PUTNEY,
PLAINTIFF
v.
PATRICIA A. PUTNEY,
DEFENDANT'
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 4068 CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301 (c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree w~thotzt notice.
2. I understand that I may :Lose rights concernir~~{ alimony,
division of property, lawyer's fees or exF~enses if I d_~ not claim
them before a divorce is granted.
3. I understand that I will not be divorced unti:_ a divorce
decree is entered by the court and that a copy of the cte~cree will
be sent to me immediately after_ it is fi]_ed with the pr_ot.honotary.
I: verify that the statements made in this Affidavit. are true
and correct. I understand that. false statements herein a:~e subject
to the penalties of 18 Pa. C.S. Section 9904 relati.n,1 °o unswor_n
falsification to authorities.
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BRIAND. PUTNEY
BRIAN D. PUTNEY,
PLAINTIFF
v.
PATRICIA A. PUTNEY,
DEFENDANT
. IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
. NO. 2007 - 4068 CIVIL TERM
. IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301 (c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree without= notice.
2. I understand that I may lose rights concerning a:Limony,
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 prot.l^~onotary.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
~_ ~ , - T-
-~ PATRICIA A. PUTNEY j
MARITAL SETTLEMENT AGREEMENT
~~~
THIS AGREEMENT, made this ~ ~ day of ~T~~-~~, , 2009 by and
between PATRICIA A. PiT'I'NEY of Cumberland County, Pennsylvania (hereinafter
referred to as PATTI), and BRIAN D. PUTNEY of Cumberland County, Pennsylvania
(hereinafter referred to as BRIAN),
WHEREAS', PATTI and :BRIAN w ere lawfully married on August 11, 1984 in
Cumberland County, Pennsylvania.; and
WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen
between the parties and it is the intention of BRIAN and PATTI to live separate and apart
for the rest of their natural lives, and the parties hereto are desirous of settling fully and
finally their respective financial and property rights and obligations as between each other,
including, ~ti~thout limitation by specification: the settling of all matters between them
relating t:o the ownership and equitable distribution of real and personal property; the
settling of all matters between them relating to past, present. and future support and
alimony; the settling of any and. all claims by one against the other or against their
respective estates; and
T~t'HERF.AS, PATTI and BRIAN entered into a Collaborative Law Participation
Agreement dated October 2, 200, and have used the Collaborative Law Process in
negotiating this Agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual
promises, covenants and undertakings hereinafter set forth and for other good and.
valuable consideration, receipt of which is hereby acknowledged by each of the parties
~_
hereto, PATTI and BRIAN, each intending to be legally- bound, hereby covenant and agree
as follows:
i. Separation: It shall be lawful for each party at all times hereafter to live
separate and apart from the other party at such place as he or she may from time to time
choose or deem fit. 'The foregoing provision shall not be taken as an admission on the part
of either party of the lawfulness or unlawfulness of the causes leading to their li~~ing apart.
2. Interference: Each party shall be free from interference, authority, and
contact by the other, as fully as if he or she were single and unmarried, except as may be
necessary to carry- out the provisions of this Agreement. Neither party shall. molest the
other or attempt to endeavor to molest the other, nor compel the other to cohabit with the
other, or in any way harass or malign the other, nor in any way interfere with the peaceful
existence of the other, while living separate and apart.
3. Subsequent Divorce: The parties acknowledge that BRIAN has filed a
Complaint in Divorce in Cumberland County, Pennsylvania on July 6, 200; docketed to
number ?00~-4068 claiming that the marriage is irretrievably broken under the no-fault
pro~~isiorrs of the Pennsylvania Divorce Code. PATTI agrees to consent to the divorce and
to execute an Affidavit of Consent and a Waiver of Notice so that a Decree in Divorce can
be entered by the Court. The parties hereby waive all rights to request Court-ordered
counseling under the Divorce Code. It is specifically understood and agreed by the parties
that the pro~~sions of this Agreement as to equitable distribution of property- of the parties
are accepted by each party as a final settlement for all purposes whatsoever, as
contemplated by the Pennsylvania. Divorce Code.
Should a decree, judgment. or order of separation or divorce be obtained by either
of the parties in this or any other state, country or jurisdiction, each of the parties hereby
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consents and agrees that this Agreement and all of its covenants shall not be affected in
any ~ti~ay by any such separation or divorce; and that nothing in any such decree, judgment,
order or further modification or revision thereof shall alter, amend or vary any term of this
Agreement. It is specifically agreed that a copy of this Agreement, or the substance of the
pro~~sions thereof, may be incorporated by reference, but not merged, into anv divorce,
judgment or decree. It is the specific intent of the parties to permit this Agreement to
survive any judgment and to be forever binding and conclusive upon the parties.
4. Subsequent Reconciliation: The parties agree that the terms of this
Agreement shall not be affected in any way by their subsequent cohabitation or
resumption of marital relations, unless the parties otherwise specifically agree in writing
that this .Agreement is null and void.
5. Date of Execution: The "date of execution" or "execution date" of this
Agreement shall be defined as the day upon which it is executed by the parties if they have
each executed the agreement on the same date. Otherwise, the "date of execution" or
"execution date" of this Agreement shall be defined as the date of execution by the party
last executing this Agreement.
6. Distribution Date: The transfer of property, funds and/or documents
pro~~ded for herein, shall only take place on the "distribution date" which shall be defined
as specified herein.
~. Mutual Release: PATTI and BRIAN each do hereby mutually remise,
release, quitclaim and forever discharge the other and the estate of such other, for all time
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to come, and for all purposes whatsoever, of and from any and all rights, title and
interests, or claims in or against the property (including income and gain from property
hereafter accruing) of the other or against the estate of such other, of whatever nature and
~n~heresoever situate, which he or :;he now has or at any time hereafter may have against
the other, the estate of such other or any part thereof, whether arising out of any former
acts, contracts, engagements or liabilities of such other or by way of dower oi• curtesy, or
claims in the nature of dower or curtesy or v~~idow's or widower's rights, family exemption
or similar allowance, or under the intestate laws, or the right to take against the spouse's
will; or the right to treat a lifetime conveyance by the other as testamentar<~, or all other
rights of a surviving spouse to participate in a deceased spouse's estate, ~~hether arising
under the la~h~s of (a) Pennsylvania, (b) any State, Commonwealth or territory of the
United States, or (c 1 any country, or any rights which either party may have or~ at any time
hereafter shall have for past, present or future support or maintenance, alimony, alimony
pendente lite, counsel fees, property division, costs or expenses, whether arising as a result
of the marital relations or otherwise, except, all rights and obligation of ~n~hatsoever nature
arising or which may arise under this Agreement or for the breach of any provisions
thereof.
It is the intention of BRIAN- and PATTI to give to each other by the execution of this
Agreement a full, complete and general release with respect to any and all property- of any
kind or nature, real, personal or mixed, which the other now owns or may hereafter
acquire, except and only except all right and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the breach of any provision
thereof.
It is further agreed that this Agreement shall be and constitute a firll and final
4
resolution of any and all claims which each of the parties may have against the other for
equitable division of property, alimony, counsel fees and expenses, alimony pendente lite
or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any
other jurisdiction.
8. Advice of Counsel: The provisions of this Agreement and their legal
effect have been fully explained to BRIAN by his attorney, Thomas D. Gould, Fsquire, and
to PATTI by her attorney, Dawn S. Sunday, Esquire.
PA,'ITI and BRIAN acknowledge and accept that this Agreement is, in the
circumstances, fair and equitable and that it is being entered into freely and. voluntarily
and that execution of this Agreement is not the result of any duress or undue influence and
that it is not the result of any collusion or improper or illegal agreement oi• agreements.
The parties further acknowledge chat, pursuant to their Collaborative Law Participation
Agreement, they have each made to the other a full and complete disclosure of their
respective assets, estate, liabilities., and sources of income and that they ~ti~aive any specific
enumeration thereof for the purposes of this Agreement
9. Warrantu as to Existing Obligations: Each. party represents that he
or she has not heretofore incurred or contracted for any debt or liability or obligation for
~ti~hich the estate of the other party maybe responsible or liable except as may be provided
for in this Agreement. Each party agrees to indemnify and hold the other party harmless
for and against any and all such debts, liabilities or obligations of every kind which may
have heretofore been incurred by them, including those for necessities, except for the
obligation arising out of this Agreement.
icy. Existing Debts: BRIAN and PATTI each represent that there are no
marital debts.
ii. Warrantu as to Future Obligations: BRIAN and PATTI each
covenant, warrant, represent and agree that, with the exception of obligations set forth in
this Agreement, neither of them shall hereafter incur any liability whatsoever for which
the estate of the other may be liable. Each party shall indemnify and hold harmless the
other party for and against any and all debts, charges and liabilities incurred. by the other
after the execution date of this Agreement, except as may be other~n~se specifically
pro~~ded for by the terms of this Agreement.
12. Marital Residence and Other Real PropertU: The parties owned
during their marriage, as tenants b_y the entireties, real property located at: X05 Apple
Drive, Mechanicsburg, Pennsylvania. The parties acknowledge that they sold the residence
on Januart• 12, 200 and received, the total net amount of $56,842.50 at settlement. At
that time, PATTI retained the full amount of the proceeds from the sale of the marital
residence and purchased her residence located at iii Cocklin Street, Mechanicsburg,
Pennsylvania, which is currently -titled in her sole name. The parties agree that PATTI
shall be the sole and exclusive owner of the Cocklin Street residence and shall be solely
responsible for all expenses and liabilities associated with the property and shall
indemnify BRIAN and hold him harmless from any and all liability for same. BRIAN
~tiraives any and all rights he may have in the Cocklin Street property.
i3. Sunoco Business 1'ropertu: The parties ov~Tned during their marriage the
Sunoco Business property located at 4i~ East Main Street, Mechanicsburg, Pennsylvania.
The parties acknowledge that they sold the business property on Mav t5, 2008 and
received the total net amount of $18i,~o5.ii at settlement. At that time, BRIAN deposited
the proceeds in his business accc-unts from which various bills were paid. The parties
agree to deduct the following expenses from the total. amount of proceeds received at
6
settlement (~181~05.11) before dividing the remaining proceeds between themselves:
$5941.08 for expenses related tc- the Sunoco business, $49003.00 for taxes on the
business, $13503.59 for their daughter's wedding/shower costs, $56842.50 for payment
to BRIAN to compensate him for the value of the marital residence pre~~iously distributed
to PATTI as pro~~ided in paragraph 12 of this Agreement ,and. $185.94 in miscellaneous
expenses. The parties agree that the remaining balance of $54629 which is currently held
in BRIAN'S Americhoice bank account shall be divided equally so that PATTI and BRIAN
shall each receive $ 27314.50 plus one-half of the interest that has accrued thereon.
BRIAN shall make this payment to PATTI within seven days of the execution date of this
Agreement and shall retain his one-half share as his separate property.
14. Personal Propertu: PATTI and BRIAN agree that they have divided
their personal property between themselves. The parties agree that the di~~ision of
property is mutually acceptable to them, and neither wants to have the personal property
appraised. Neither party shall make any claim to any such item of marital property, or of
the separate personal property of either party, except as provided for in this Agreement.
Should it: become necessary, the parties each agree to sign, upon request, any titles or
documents necessary to give effect. to this paragraph.
15. Bank Accounts: The parties acknowledge that they each have bank
accounts in their own names. BRIAN and PATTI agree that each shall become the sole
and exchasive o~tiTner of their respective accounts and that they each hereby waive any
interest in, or claim to, any funds held by the other in any accounts.
1E~. Retirement17nvestmensts/Life Insurance: The parties acknowledge
that BRLAN has a Prudential IRA with an approximate balance of $7223 as of June 30,
2009 and the parties have a joint Prudential mutual fund account with an approximate
balance of ~io~6i as of June 30, 2009. The parties represent that there are no other
retirement accounts or investments. The parties agree that BRIAN shall retain his
Prudential IRA as his sole and separate property and that PATTI shall receive the entire
balance of the Prudential mutual fiznd account as her sole and separate property. BRIAN
agrees to sign any documents necessary to transfer the Prudential investment account to
PATTI'S sole name. The parties represent that they have no life insurance policies.
i~. Motor Vehicles: The parties agree that PATTI shall have sole and
exclusive o~ti~ership and possession of the 2003 Ford Windstar in her indi~~idual name
and BRIAly' shall have sole and exclusive ownership and possession of the 2008 Toyota
Tundra and the 2004 Mustang Mach I in his individual name. Each parley agrees to
indemnify and hold the other party harmless from any liability associated with the
vehicle(s;i in the indemnifying party's name
i8. Waiver of Benefcciary Designations: Unless otherwise specifically
set forth in this Agreement, each party hereto specifically waives an_y and all. beneficiary
rights anal any and all rights as a sur~~iving spouse in and to any asset, benefit or like
program carrying a beneficiary designation which belongs to the other party under the
terms of this Agreement, including, but not limited to, pensions and retirement plans of
any sort or nature, deferred compensation plans, life insurance policies, annuities, stock
accounts, bank accounts, final pay checks or any other post-death distribution scheme.
By the terms of this Agreement, the parties specifically waive the rights of spouse
beneficiaries established by federal or state statute including ERISA. Each party
expressly states that it is his or her intention to revoke any beneficiary designations
naming the other party ~nrhich are in effect as of the date of execution of this Agreement
except as specifically set forth in this Agreement. If the other party continues to be
named as beneficiary- and no alternate beneficiary is otherwise designated, the
beneficiar}- shall be deemed to be the estate of the deceased party. Not withstanding the
foregoing, however, in the event that either party hereto specifically designates the other
party as .a beneficiarv after the date of execution of this Agreement, then this waiver
pro~~sion shall not bar that party from qualifying as such beneficiary.
i9.. A er Acquired Personal Propertu: E ach of the parties shall hereafter
own and enjoy, independently of any claims or right of the other, all items of personal
property, tangible or intangible, hereafter acquired by him or her, with full power in him
or her to dispose of the same as fully and effectively, in all respects and for all purposes, as
though he or she were unmarried.
20. Applicabilitu of lax Law to ProUertu Transfers: The parties hereby
agree and express their intent that any transfers of property pursuant to this Agreement
shall be ~~~ithin the scope and applicability of the Deficit Reduction Act of 1984 (herein the
"Act"), specifically, the provisions of said Act pertaining to transfers of property between
spouses or former spouses. The parties agree to sign and cause to be filed any elections or
other documents required by the [nternal Revenue Ser~~ice to render the Act applicable to
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the transfers set forth in this Agreement, without recognition of gain on such transfer and
subject to the carry-over basis provisions of said Act.
21. Waiver of Spousal Support, Alimonu Pendente Lite and Legal
Fees: PATTI and BRIAN waive any rights they may have to spousal support,
maintenance and alimony pendent:e lite. The parties agree to be responsible for their own
attorney's fees.
22. Alimonu: The parties agree that BRIAN shall pay alimony to PATTI on
or before the first day of each month in the amount of $500.00 per month beginning on
August i, 2009 and continuing permanently. The duration and amount of alimony shall
be nonmodifiable except as provided in this paragraph. PATTI and BRIAN agree that the
alimony payments shall terminate upon the happening of one or more of the following
circumstances: PATTI'S cohabitation, PATTI'S remarriage, or the death of either party.
For purposes of this provision, cohabitation shall be defined as financial, social, and sexual
interdependence where parties actually reside together in the nature of husband. and wife,
assuming the rights and duties generally associated with a marital relationship. BRIAN
and PATTI agree that the alimony amount may be modified due to a significant and
substantial involuntary decrease i.n the income of either or a significant and substantial
increase in the income of either. The parties agree that in the event there is a change in
Robert's condition resulting in PATTI no longer being able to provide care for him in her
home, that circumstance will trigger a need to review the amount of and need for alimony.
lc
In the event of an applicable change in income, BRIAN and PATTI will attempt to resolve
the issues b~~ agreement between themselves and, if they are unable to reach a resolution
on their o~-vn, will return to the Collaborative law process or mediation in a good faith
effort to reach a resolution before either initiates litigation. The parties acknowledge that
any agreement to modify the alimony obligation must be in writing and signed by both
parties to be binding.
23. Income Tax: The parties have pre~~iously filed joint Federal and State
tax returns. They agree that in the event any deficiency in Federal State or local income
taxis proposed, or any assessment of any such tax is made against either of them, each will
indemnify and hold harmless the other from and against any loss or liability for any such
tax deficiency or assessment and any interest, penalty and expense incurred in connection
there~lth. Such tax, interest, penalty or expense shall be paid solely and entirely by the
individual ~vho is finally determined to be the cause of the misrepresentations or failures
to disclose the nature and extent of his or her separate income on the joint returns in
question. To the extent that a deficiency is the result of an error and not as the result of
misrepresentation or failure to disclose the nature and extent of income as stated above,
the parties ~ti~ill share any such tax, interest, penalty or expense in proportion to their
incomes as of the year in question.. Notwithstanding the foregoing, the parties agree that
they will equally pay any additional tax, penalties or interest that may be assessed in
connection ~~ith the quarterly taxes on the Sunoco business for the first and second
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quarters of 2008 when the business was being sold.
24, Full Disclosure: BRIAN and PATTI each represent and warrant to the
other that he or she has made a full and complete disclosure to the other in the
collaborative law process of all assets of any nature whatsoever and of every type
whatsoever in which such party has an interest, and of all other facts relating to the subject
matter of this Agreement.
25. Disclosure and TNaiUer ofProeedural Rights: Each party
understands that he or she has the right to obtain from the other party a complete
inventory or list of all of the property that either or both parties own at this time or owned
as of the date of separation, and that each party has the right to have all sl_~ch property
valued by means of appraisals or otherwise. Both parties understand that they have the
right to have the Court hold hearings and make decisions on the matters covered. by this
Agreement. Both parties understand that a Court decision concerning the parties'
respective rights and obligations might be different from the pro`~isions of this Agreement.
Both parties waive the following procedural rights:
a. The right to obtain an Inventory and Appraisement of all marital and
separate property as defined by the Pennsylvania Divorce Code;
b. The right to obtain an Income and Expense Statement of the other
party as pro~~ided by the Pennsylvania Divorce Code;
c. The right to have the Court determine which property is marital and
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which is non-marital and equitably distribute between the parties that property which the
Court determines to be marital;
d. The right to have the Court decide any other rights, remedies,
pri~~ileges, or obligations covered by this Agreement, including but not limited to, possible
claims fo~° divorce, spousal support, alimony, alimony pendente lite, counsel fees, costs
and expenses.
26. Waiver ofModifieation to be in Writing: No modification or waiver
of anv of the terms hereof shall be valid unless in writing and signed by both parties and
no waiver of any breach hereof or default hereunder shall be deemed a waiver of any
subsequent default of the same or :similar nature.
2']. Mutual Cooperation: Each party shall, at any time and fiom time to
time hereafter, take any and all steps and execute, acknowledge and deliver to the other
part- any and all further instruments and/or documents that the other party may
reasonably require for the purpose of giving full force and effect to the provisions of this
Agreement. BRIAN and PATTI agree that it is their intent to have their respective
attorneys prepare a financial Power of Attorney for BRIAN and a medical care Power of
Attorney for PATTI with their son Robert as the principal, on the condition that Robert is
determined to have the capacity to grant such powers and establishing such powers will
not cause financial harm to PATTI or affect her ability to provide care for ROBERT.
28. Applicable Law: This Agreement shall be construed in accordance with
the laws of the Commonwrealth of Pennsylvania which are in effect as of the date of
execution of this Agreement.
2~). Agreement Binding on Heirs: This Agreement shall be binding and.
shall inure to the benefits of the parties hereto and their respective heirs, executors,
13
administrators, successors and assigns.
30.. Integration: This Agreement constitutes the entire understanding of the
parties and supersedes any and all prior agreements and negotiations between them.
There are no representations or warranties other than those expressly set forth herein.
3i. Other Documentation: PATTI and BRIAN covenant and agree that they
'ill promptly execute any and all mitten instruments, assignments, releases, satisfactions,
deeds, notes or such other writings as may be necessary or desirable for the proper
effectuation of this Agreement.
32. No Waiver on Default: This Agreement shall remain in full force and
effect unless and until terminated under and pursuant to the terms of this Agreement.
The failw~e of either party to insist upon strict performance of any of the pro~~isions of this
Agreement shall in no way affect the right of such party hereafter to enforce the same, nor
shall the ~ti-giver of any default or breach of any pro~~isions hereof be construed as a waiver
of any subsequent default or breach of the same or similar nature, nor shall it be construed
as a ~tiraiver of strict performance of any other obligations herein.
33. Severabiliiu: If any term, condition, clause or pro~~ision of this Agreement
shall be determined or declared to be void or invalid in law or otherwise, then only that
term, condition, clause or provision shall be stricken from this Agreement and in all other
respects this Agreement shall be valid and continue in full force, effect and operation.
Likewise„ the failure of any party to meet his or her obligation under any one or more of
the paragraphs herein, with the exception of the satisfaction of the conditions precedent,
shall in no way avoid or alter the remaining obligations of the parties.
34. Enforcement ofAgreement: If either party believes that the other party
has breached any provision of this Agreement, the parties agree to return to the
14
Collaborative Law Process or seek mediation to resolve the issue. If the parties are unable
to resolve the issues through the Collaborative Law Process or mediation, a party shall
have the right at his or her election., to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her. The party breaching this contract
shall be responsible for payment of reasonable legal fees and costs incurred by the other in
enforcing their rights under this agreement.
35 ~ Headings Not Part of Agreement: Any heading preceding the text of
the several paragraphs and subparagraphs hereof are inserted solely for convenience of
reference and shall not constitute a part of this Agreement nor shall they affect its
meaning, construction or effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals this day and year first above written.
C--
Date Thomas D. Gould, Esq. B .PUTNEY ,,
~~ -~-
Date Dawn S. Sunday, Esq. '? PATRICIA A. PUTNEY ~ ~
15
BRIAN D. PUTNEY,
PLAINTIFF
v.
PATRICIA A. PUTNEY,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 4068 CIVIL TERM
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
Tc the Prothonotary:
Transmit the record, together with the following information,
to the Court for the entry of a divorce decree:
1. Ground for divorce: irretrievab]_e breakdown under Section
3301(f of the Divorce Code.
2. Date and manner of service of the complaint: On July 20,
2007, Acceptance of Service.
3. Date of execution of the affidavit of consent required by
Section 3301(c) of the Divorce Code: By Piainfiff, July 28, 2009;
By Defendant, July 28, 2009.
4.. Related claims pending: None
5 . Date Plaintiff' s Waiver of Notice ir, ~ 3301. (c j divorce
was fi=Led with the Prothonotary on July 29, 2009.
Date Defendant's Waiver of Notice in § 330I(c) divorce
was filed wits the Prothonotary on July 29, 2009.
l ~~dYYl4/~ ~~ ~ %,
Thomas D. Gould, Esquire
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BRIAN D. PIITNEY, ;
Plaintiff
V.
PATRICIA A. PIITNEY, : NO. 2007 - 4068 CIVIL TERN
Defendant
DIVORCE DECREE
AND NOW, _ ` .~'" , 200 , it is ordered and decreed that
BRIAN D. PDTNEY ,plaintiff, and
By the Court,
PATRICIA A. PIITNEY ,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 Marital Settlement Agreement dated July 28, 2009 is
is hereby incorporated into this Decee in Divorce.
. /~!
Attest: J.
Pro honotary
~ ~a-~'
G~