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Home My WebLink About07-4417 KAY A. BOCK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW NO. b~_ y~17 Civi! lerm TIMOTHY L. BOCK, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office, Cumberland County Courthouse, Cumberland, 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 KAY A. BOCK, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW TIMOTHY L. BOCK, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the above-named Plaintiff, KAY A. BOCK, by and through her attorney, ROBERT B. LIEBERMAN, ESQUIRE, and seeks to obtain a Decree in Divorce from the above-named Defendant, TIMOTHY L. BOCK, upon the grounds hereinafter set forth: 1. Plaintiff is KAY A. BOCK, an adult individual, residing at 4067 Caissons Court, Enola, Cumberland County, Pennsylvania. 2. Defendant is TIMOTHY L. BOCK, an adult individual, residing at 1351 McCormick Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 31, 1983 in Mesa, Maricopa County, Arizona. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff and Defendant are both citizens of United States of America. C 7. The Defendant is not a member of the Armed Services of the United States. 8. The Plaintiff has been advised of the availability of marriage counseling and understands that she may request that the Court require the parties to participate in counseling. 9. The Plaintiff avers that the marriage is irretrievably broken. 10. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff, KAY A. BOCK, respectfully requests this Honorable Court to enter a Decree in Divorce pursuant to the Divorce Code. Respectfully submitted, 1 DATED: 7 ' Z O Q._ Robert B. Lieberman, Esquire 500 N. Third Street, 12~' Floor P.O. 1004 Harrisburg, PA 17108-1004 (717) 236-1485 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct based upon my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. DATED: ~' ~~ ~ ~, Kay A. Boc , Plaintiff c-, ^' .., .;, ° c` -_ ,-~ ~ ~ '60. ~ `~ ~ -.t ~J s-,-- r~~ r ~~ ~~ - ~} ~t ; - ~ '1 'F" ' O MM ~ . ~ , V! 00 ~ b .. ' - . - i V't "' =_ ;~,~ cam: {~ -~ 1 KAY A. BOCK, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v :CIVIL ACTION -LAW NO. 07-4417 CIVIL TERM TIMOTHY L. BOCK, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Personally appeared before me, a Notary Public in and for said Commonwealth and County, ROBERT B. LIEBERMAN, ESQUIRE, who, being duly sworn according to law, deposes and says: 1. That on July 25, 2007, a Complaint in Divorce was filed on behalf of Plaintiff and against Defendant in the above case. 2. That on July 27, 2007, I forward by certified mail, return receipt requested, restricted delivery a certified copy of the Complaint in Divorce to Defendant, Timothy L. Bock, at 1350 McCormick Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. That the aforesaid copy of the Complaint in Divorce sent to Defendant, Timothy L. Bock, was delivered, on July 30, 2007, as evidenced by the return receipt card signed by Defendant and attached hereto. _.. ~` 4. That to the best of my information and belief the signature on the return receipt card is, in fact, the signature of Defendant, Timothy L. Bock. ~r ROBERT B. LIEBERMAN, Esquire Attorney for Plaintiff SWORN TO and subscribed before a this 3 ~'~ day of V G-v ST , 2007. tart' Public My Commission Expires: COMMONWEALTH OF PENNSriVANIA NOTARIAL SEAL cHERn ~ FEROUSON, Notary PtibNc ~ aT Harriebtx9, Dauphin c'~ourry- My CORltrlibli0n Expires ~ ®, Zppg .~ ,~ , m m a O Postage $ ~, Cert'rt'ied Fee ~, 6 (~- ~ ~ Return Receipt Fee (Endorsement Required) ~ ~ 5 Postmark Here 0 Restricted Delivery Fee Q p (Endorsement Required) ...D M1 r1J Total Postaty9 & Fees O /~// /J L o M1 - ------------ - ~t:~et, mot. No.: l 351 or PO Box No. --- -------------- l~rc Co+eM c e~, R,o~D ._. ------------------------- City, State, ZIP+4 - -------------------- ----------------------------- 0 ^ Complete items 1.2, and 3. Also oamplete ~ Item 4 ff R'estricted DalNery is desired. Age ^ Print your name and address on the reverser ~ X Adds so that vire can return the card to you. ~ by (Piloted ~) C. Date of ^ Attach this card to the bade of the rnalli3iece, or on the front if space permits„ Z' 1. Article Addressed to: r~oT~Y ~. r3o~ ~ 13 51 MCCo¢.M,tcK rVJA~ ti :C~tAN,tcsp~URC~ r pA I~o55 D. la delivery address dH(erent from item 1? ^ Yes H YES, enter delivery address t~elow: ^ No 3. Service Type jiil CertNled Mail ^ Exprena Mail ^ Registered ^ Return Receipt for MeroharrdNe ~ Irraured Mall D C.O.D. 4. Restricted DeiMery'1(t:xira Fee) f!![Yes 2. 11r11o1s11vtNlNr i~•~+.itriMw-ewrreeir,r! 7006.2760 0004 0033 6602 P$ f=orm 3t311, Fibrtwy 2G04 Donrestlc Return ReoNpt ,02sre.o¢~M-,51o `, t ~' c ~- ~ _o° O ~i ~ ~ ~ ~ ~ : ~ cam w. .~- -` ~. ~ rrE -< Nichole M. Staley O'Gorman, Esquire PA Atty. ID No. 79866 PURCELL, KRUG &HALLER 1719 N. Front Street Harrisburg, PA 17102 Telephone: (717)234-4178 Email: nstaleyCa),pkh.com KAY A. BOCK, Plaintiff v. TIMOTHY L. BOCK Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-CV-4417 CIVIL ACTION -LAW IN DIVORCE PRAECIPE Please enter the appearance of Nichole M. Staley O'Gorman, Esquire on behalf of Timothy L. Bock, Defendant in the above-captioned matter. e M. S ey O'Go~i, Esq. URCELL, UG &HALLER 719 North Fro t Street arrisburg, PA 17102-2392 I.D. No. 79866 (717) 234-4178 Date: August 10, 2007 o C~ _... -n ~ m rnr< ~ ~,_; .. c~ ,;,, _ tip ;t:. ~. ~ ~ -g -,-, ~-_ ~ ~ -ra j m :~ ~ ~ ,; -~ o KAY A. BOCK, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW NO. 07-4417 CIVIL TERM TIMOTHY L. BOCK, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 25, 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. §4904 relating to unsworn falsification to authorities. DATED: a`1. I ~ KAY A. OCK, Plaintiff ~ILFC ,y,~- ~";~ Ole" ~"iC (~^,;j•'_~~r,it"irr'~~~ 2009 JUL -6 Fri I2~ 5 KAY A. BOCK, Plaintiff v. TIMOTHY L. BOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4417 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 in 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. § 4904 relating to unsworn falsification to authorities. DATED: to ~ `? 0 ~'~ KAY A. B K, Plaintiff ~., , 2d09,~U~ -6 ~~~i2~ }.~~~ ,~~w.. Nichole M. Staley O'Gorman, Esquire ID #78966 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 nstaley@pkh.com KAY A. BOCK, v. IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY L. BOCK, Defendant NO. 2007-CV-4417 CIVIL ATION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 25, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 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. §4904 relating to unsworn falsification to authorit' Date: ~~~ ~ I Tim thy L. Bock 2009 JUG -6 F~ 42~ ~3 Nichole M. Staley O'Gorman, Esquire ID #78966 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 nstaley@pkh.com KAY A. BOCK, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vi. NO.2007-CV-4417 TIMOTHY L. BOCK, CIVIL ATION -LAW Defendant IN DIVORCE 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. §4904 relating to unsworn falsification to authori ' s. Date: ~ ~~ ~ Timothy L. Bock ~CLl=.~ ~"_..~„keys„ `r- 2004,~;1L -6 t !2= 53 f'~CI~~~~V~'~i._Fr'~' iii/~. ` ~~ ` lI ~ ~l'Y I I ~Y /' / MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, dated as set forth below, by and between TIMOTHY L. BOCK, hereinafter referred to as "Husband", and KAY A. BOCK, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on December 31, 1983; and WHEREAS, certain differences have arisen between the parties as a result of which they separated on or about December 16, 2006 and now live separate and apart from one another, and are desirous, therefore, of entering into an Agreement which will distribute their marital property in a manner which is considered to be an equitable division of all joint property, and will provide for the mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, there has been a complete disclosure of the earnings and property of each party, and each understands his/her rights under the Divorce Code of the Commonwealth of Pennsylvania; and WHEREAS, no children were born of this marriage. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound, covenant, promise and agree as follows: 1. Separation. It shall be lawful far each party at all times hereafter to live separate and apart from the other party at such place that he or she may from time to time chaase or deem fit. The foregoing provision steal{ not be taken as an admission on the part of either party of the lawfulness of the causes leading to their living apart. 2. Interference. Each party shall be free from interference, authori#y 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 molesf the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. Advice of Counsel. Each party acknowledges that he ar she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has been represented by Nichole M. Staley O'Gorman, Esquire, and Wife has been represented by Robert Lieberman, Esquire. Each party has had the opportunity to review this Agreement with their legal counsel and each fully understands the facts and his or her legal rights and obligations. Each party also acknowledges and accepts that this Agreement is, under 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 improper or illegal agreement. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the 2 parties including divorce, alimony, alimony pendente life, spousal support, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and casts of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement acknowledging the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and cos#s of litigation. 4. Full and Fair Disclosure. Each of the parties hereto acknowledges that he ar she is aware of his or her righ# to seek discovery including, but not limited to, written interrogatories, request for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he ar she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/ar personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, 3 appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties acknowledge that they have been furnished with or are aware of all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. The parties further acknowledge that they have conducted their own independent investigation into the existence of the other's assets and liabilities, and neither party is depending upon any representations made by the other in agreeing to the terms hereof. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable, and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and aNege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available foil, proper and independent representation by legal counsel. 6. Mutual Consent Divorce: It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these 4 parties shall be limited to a claim for divorce only. The parties acknowledge that Wife has filed a Complaint in the Court of Common Pleas in Cumberland County, Pennsylvania to Docke# No. 2007-CV-4417. The parties agree that the divorce shall be concluded as a no-fault divorce under Section 3301(c) of the Divorce Code immediately following execution of this Agreement. Each party will execute an Affdavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree contemporaneously with the execution of this Agreement, which will be delivered to Wife's counsel so that Wife's counsel may finalize the divorce. 1n the event, far whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including reasonable counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 6. Equitable Distribution of Marital Property. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the fact that it is the second marriage for both Husband and Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other parry; the 5 opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; the economic circumstances of each party at the time the division of property is to become affective; the Federal, State and local tax ramifications associated with each asset to be divided, distributed br assigned, which ramifications need not be immediate and certain; the expense of sale, transfer or liquidation associated with a particular asset, which expense need not be immediate or certain; and whether a party will be serving as the custodian of any dependent minor children. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. Personal Property. The parties hereto mutually agree that they have effected a satisfactory division of all furnishings and personalty, including but not limited to all furniture, furnishings, antiques, art, jewelry, rugs, carpets, household appliances and equipment, except that Husband shall be entitled'to receive his grandfather's gold Elgin octagon pocket watch, with the initials "J.J." engraved on the back, as soon as it is located. Additionally, the family photographs which are presently in Wife's possession are to be divided equally 6 between the parties. Each party shall from and after the date hereof be the sole and separate owner of all furnishings and personalty presently in his or her possession and to be received pursuant to this Paragraph, and this Agreement shall have the effect of an assignment or bil( of sale from each party to the other for such property as may be in the individual possession of each of the parties or which is to be received as set forth above. B. Cash Cash Accounts. Stocks and investments. i. PSECU and Belco Accounts. The parties acknowledge that during the marriage they maintained joint checking, savings and money market accounts at Belco (accounts 153800 and 092920) and a joint account at PSECU. Husband shall retain the Belco account 153800. Wife shall retain the 6elco account 092920 and the PSECU account. The parties agree that all sums each has received from the said accounts shall be the sole and separate property of the receiving party, free of any right, title, claim or interest of the other. Each party hereby waives, relinquishes and releases any and all past, present and future right, title, claim and interest in and to the monies received by the other party from said accounts including any property acquired or exchanged therefore. Within thirty (30) days of the date of this Agreement, all joint accounts shall be closed, or the receiving party shall have the name of the other removed from the account. ii. PP&~ Sfock. The parties were the joint owners of nine hundred seven (907} shares of PP&L stock. The stock has been transferred to Wife's name, and shall be her sole and separate property. iii. S.W. Bach Account. The parties were the owners of a joint account with S. W. Bach & Company with an approximate date of separation value of $1,500. The account has been divided to the mutual satisfaction of the parties. Husband will closed this account within thirty (30) days of the date of this Agreement. iv. Home Depot Stock. The parties are the joint owners of one thousand thirty (1,030) shares of Home Depot stock. Husband shad retain the stock as his sole and separate property. Husband steal! obtain all necessary documentation to transfer the stock into his own name, and Wife shall execute same upon request. v. Smith BamevAccount (#724-24903,x. The parfiies had a joint Smith Barney account with an approximate date of separation balance of $420,000. This account has been divided equally, to the mutual satisfaction of the parties and closed. This account included an inheritance in the amount of $99,000 received by Wife from her Father's estate prior to separation. The overall distribution of assets has been structured in a way which excludes the value of this inheritance from the marital property subject to division, even though the funds were co-mingled with marital funds. vi. MetLife Annuity (#072204370}. The parties have a joint annuity with MetLife with an approximate current value of $42,000. This asset shall be Husband's sole and separate property. Husband shall take the necessary action to #ransfer ownership to his sole name, and Wife shall cooperate in executing all documents and in taking any other action needed to do so. If a court order is required to transfer this asset to Husband, Wife shall cooperate fully to obtain such an order. vii. Leave Payout. At the time of Wife's retirement from Commonwealth employment, she received compensation for her unused leave in the approximate amount of $11,000. Wife shall retain this compensation as her sole and separate property. viii. Erie Life Insurance Proceeds. The parties received proceeds from the cash value of an Erie whole fife insurance policy in the amount of $13,300. Husband shall be entitled to retain this sum as his sole and separate property. C. Real Estate. i. 9359 McCormick Road. The parties jointly own real estate located at 1351 McCormick Road, Mechanicsburg, Pennsylvania. It is encumbered by a mortgage with PSECU. The property is currently under contract for sale at a price of $395,000, with an - anticipated closing date of June 30, 2009. At the time of sale, the PSECU mortgage shall be paid in full. Both parties will cooperate fully and take all necessary action to complete the sale of this property in a timely fashion. Husband shall retain all proceeds of sale as his sole and separate property. Wife hereby authorizes the settlement agent to issue a check for the sale proceeds in Husband's safe name. 9 ii. 5897 Shope Place. The parties jointly own real estate loca#ed at 5897 Shope Place, Harrisburg, Pennsylvania wi#h an approximate fair market value of $130,000. It is encumbered by a mortgage with Chase Home Finance with a current balance of approximately $99,000. A formal appraisal has not been performed, as the parties believe they possess sufficient information to reasonably assess the value of the property on their own. Wife will retain the home as her sole and separate property. Contemporaneously with the execution of this Agreement, Husband will execute a Quitclaim Deed, to be prepared by Wife's counsel, conveying his interest in the property to Wife. Wife shall be solely responsible for payment of the mortgage, all current and future taxes, municipal charges, insurance and utility bills relative to said real estate. Wife shall pay and discharge said obligations on said premises, and shall indemnify Husband from any loss by reason of her default in the payment thereof, and shall save Husband harmless from any future liability with regard thereto, including the cost of defense and reasonable counsel fees incurred to defend against an action brought against him by virtue of her default. Within ninety (90) days of the date of this Agreement, Wife shall refinance or remove Husband's name from the Chase Home Finance mortgage so that Husband is relieved of all liability for same. The Deed transferring Husband's interest to Wife shall be held in escrow by Husband's counsel until the time of refinance. In the event Wife fails or refuses within the stated period of time to' refinance the loan, the home shall be sold. It shall be listed for sale with a mutually agreed upon realtor and shall be sold to the first buyer offering an amount sufficient to satisfy the Chase Home Finance loan and the anticipated casts of sale. All proceeds of sale, if any, shall be retained by Wi#e. However, if Wife refuses to cooperate in the sale and Husband petitions io the Court to enforce the terms of this Agreement, he shall be entitled to reimbursement of his counsel fees associated with that petition. )f the fees have not been paid, by the time of sale, they shall be paid from the proceeds of sale due to Wife. D. Vehicles. i. 2007 Nonda Pilof EX Wife shall retain exclusive possession and ownership of the 2007 Honda Pilot titled in Wife's name. The vehicle is encumbered by a loan from PSECU which is also in Wife's name alone. Wife shall be solely responsible for the payment and eventual satisfaction of the PSECU loan. ii. 2001 Acura RL. Since separation the Acura was damaged beyond repair in a collision. The parties received approximately $13,000 from their insurance carrier for the value of the vehicle. Husband shall retain the insurance proceeds as his sale and separate property. iii. 1999 Honda Accord. Husband shall retain exclusive possession and ownership of the 1999 Honda Accord titled in his name. The vehicle is not encumbered. E. Retirement Assets. i. SERS pension. Wife has a defined benefit pension with the Pennsylvania State Employees Retirement System. The pension was appraised by 11 Conrad Siegel Actuaries and has a marital value of $323,587 as of October 1, 2003 and $375,685 as of December 11, 2006. Wife shall retain this asset as her sole and separate property. ii. Commonwealth of Pennsylvania Deferred Compensation Plan. Wife is also a participant in the Commonwealth of Pennsylvania Deferred Compensation Plan. The asset has an approximate current value of $92,400. Wife shall retain this asset as her sole and separate property. iii. CUNA SEP account (#6CR-202894j. Husband has a SEP account with CUNA with an approximate current value of $84,000. Husband shall retain this asset as his sole and separate property. iv. Smith Barney IRA ~#724-638-74-14 410. Husband has an IRA account with Smith Barney with an approximate current value of $26,000. He shall retain this asset as his sole and separate property. F. After-Acquired Property. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of same as fully and effectively as though he or she were unmarried. 12 G. General Provisions. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible property. Neither party shall make any claim to any such items of marital property, or of the separate property of either party, which are now in the possession and/or under the control of the other, or which property will be distributed in accordance with this Agreement. Should it become necessary, the parties each agree to sign, upon request, any titles or other documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of a party if, in the case of tangible property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of their own individual pension or other employee benefit plans or retirement benefits of any nature to which either party may have a vested or contingent right or interes# at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits, except as stated herein. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband 13 nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 7. CSA Mid-Atlantic. During marriage, the parties transferred their interest in CSA Mid-Atlantic to Walt McConnell/CSA Carolina. At the time of transfer, the parties had an expects#ion of receiving $100,000 in the event that Mr. McConnell subsequently sold the business. In the event that either party receives funds from Wait McConnell or CSA Carolina in the future, said sums shall be divided equally between the parties. 8. Debts. Wife's represents and warrants to Husband that since the separation she has not and in the future she will not contractor incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. Husband represents and warrants to Wife that since the separation he has not and in the future he will not contractor incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. The parties further agree that there are no outstanding debts or obligations which were incurred prior to the time of their separation except the joint mortgages identified above. 14 Each party agrees to indemnify, defend and hold the other party harmless from any and all liability which may arise from the aforesaid debts and obligations which pursuant to the terms of this Agreement are the responsibility of the other party. This includes but is not limited to all reasonable attorney's fees and costs incurred by the other party as a result of defending against the obligation and/or enforcing the provisions of this agreement. Neither party shall make any further charges on any joint account, and if charges are made in violation of this Agreement, the party incurring said charge shall immediately repay same. From and after the date of this Agreement, each party shall only use those credit accounts and incur such further obligation for which that party is individually and solely liable, and the parties shall cooperate in closing any remaining accounts which provide for joint liability. 9. Alimony. Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of property are fair, adequate and satisfactory to them, and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further voluntarily and inte0igently waive and relinquish any right to seek from the other any payment for support or alimony, except as otherwise set forth herein. Unless permitted by the terms of this Agreement, each party shall indemnify, defend and hold the other harmless against any future action for either support or alimony, modification or extension of same, brought by or on behalf of the other and the results of such action, such indemnity to include the reasonable counsel fees of the defendant in any such future action. 15 10. Alimony Pendente Lite. Counsel Fees and Expenses. Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties is fair, adequate and satisfactory to them. Both parties sha11 accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may naw or hereafter have against the other for spousal support, alimony pendente life, counsel fees or expenses, or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. Each party shall be solely responsible far his or her own counsel fees and costs. Each party shall indemnify, defend and hold the other harmless against any future action for spousal support, alimony pendente life or counsel fees and costs, brought by or on behalf of the other, and the results of such action. Such indemnity shall include the reasonable counsel fees of the defendant in any such future action. Nothing contained herein shalt preclude a party from obtaining counsel fees and costs in the event of, and stemming directly from a breach of this Agreement. 11. Medical Insurance and Uninsured Medical Expenses. The parties shall be responsible to provide and pay for their own medical, dental, vision and hospitalization insurance. Likewise, each shall be solely responsible for his or her own uninsured expenses. 12. Income Tax Returns. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In the event that any 16 additional taxes, penalties or interest are assessed as a result of any such joint return, the party guilty of fraud or intentional misrepresentation shall indemnify and save the other party harmless from such tax liability, penalties, interes#, counsel fees, accountants' fees and costs. Barring fraud or intentional misrepresen#ation, the parties shah be equally responsible for and shall pay all such taxes, penalties, interest and expenses. The parties received a 2007 Federal income Tax refund in the amount of $297. Husband shall retain this sum as his sole and separate property. The parties received a 2008 Federal Income Tax refund in the amount of $9,540. Wife shall receive $5,656 of the tots! 2008 refund and Husband shall receive $3,884. 13. Preservation of Records. Each party wilt keep and preserve for a period of four (4) years from the date of divorce all financial records relating to the marital estate. Each party wi[I allow access to those records to the other party, his or her accountants and attorneys, for the purposes of copying and inspection, in the event of a tax audit. 14. Time of Distribution. The asse#s and interests #o be transferred under and pursuant to this Agreement shall be conveyed and transferred to the respective parties immediately upon the execution of this Agreement. 15. Reconciliation. In the event of a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. l~ 16. Release. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release, indemnify (including reasonable legal fees) and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, including equitable distribution, spousal support, alimony, counsel fees, alimony pendente lite, and expenses which either of the parties against the other ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as amended, or under any other statu#ory or common law, except any and all causes of action for divorce and all causes of action for breach of any provisions of this Agreemen#. Each party also waives his or her right to request marital counseling, pursuant to Section 3302 of the Divorce Code. 17. Waivers of Claims Against Estates. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital rela#ionship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and any right existing now or in the future under the Pennsylvania Divorce Code, as amended from #ime to time, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. Each further waives any 18 right to inheritor receive property or act as the personal representative of the estate of the other by Will, Codicil, intestacy, or designation of beneficiary, unless such Will, Codicil, or designation of beneficiary is dated subsequent to the effective date of this Agreement. Should a party receive money, property or other benefits to which he or she is not entitled pursuant to the terms of this Agreement, said money, property or other benefit shall be deemed to be property of the estate of the deceased and shalt be delivered to the Administrator/Administratrx or Executor/Executrix of the estate of the other immediately upon receipt. 18. Rights on Execution. Immediately upon the execution of #his Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate and be as if they were never married. 19. Breach. If either party hereto breaches any provision of this Agreement, the other shall have the right, at his or her election, to sue for damages for such breach, or to seek such other remedies or relief as may be available to him or her. In the event of breach of any of the terms of this Agreement, the nonbreaching party shall be paid, as part of any award or judgment against the breaching party, all costs, including reasonable counsel fees paid to his or her aftorney. 20. Incorporation in Final Divorce. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. Any Court having jurisdiction shall enforce the provisions of this Agreement as if it were a Court Order. 19 This Agreement shall survive in its entirety, resolving the spousal support, alimony, alimony pendente iite, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties, It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 21. Additional Instruments. Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 22. Separability. In case any provision of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or other jurisdiction, such illegality and invalidity shall not in any way affect the other provisions hereof, all of which shall continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to be a separate and undisputed covenant and agreement. 20 23. Entire Agreement. This Agreement contains the entire, complete and exclusive understanding of the parties, and shall supersede any and all prior agreements between them. There are no representations, warranties, promises, covenants and undertakings other than those expressly set forth herein. 24. Modification and Waiver. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 25. Intent. It is the intent of the parties by this Agreemenf to fully and finally foreclose any resort to the courts for relief on the basis of any statute or case law presently existing or which may exist at some time in the future within the Commonwealth of Pennsylvania, including but not limited to equitable distribution, alimony, alimony pendente lite, spousal support, counsel fees and costs, and other relief under the Pennsyivania Divorce Code, as amended. Bo#h parties accept the provisions of #his Agreement in lieu of and in full and final settlement of all such claims. This Agreement has been drafted and accepted on the basis that such resort would constitute a breach under this Agreement, entitling the nonbreaching party to reimbursement far reasonable caunsel fees. Other than as provided by the terms of this instrument, it is intended that the court shall treat the parties as if they had never entered into a marital relationship. This Agreement shall be construed in accordance with the Laws of the Commonwealth of Pennsylvania which are in 21 effect as of the date of the execution of this Agreement and, where such law is inconsistent, the terms of this instrument shall govern. 26. Descriptive Headings. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 27. Agreement Binding on Heirs. This Agreement sha11 be binding and shall inure to the benefit of the parties hereto, and their respective heirs, executors, administrators, successors and assigns. 28. Effective Date. The effective date of this Agreement shall be the date on which the parties executed this Agreement, as indicated below. if the parties executed the Agreement on different dates, the effective date shall be the Eater of the two dates. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals. WITNESS: . ~~~~ ' oie M. Staley O' Orman, Esq. Timothy Bock Date ~- ~ (7 Robert Lieberman, Esq. Kay Bock Date 22 ~~~; QF THc F~~'f"NIQT,~?Y Z0~9 JUG. 20 P~9 I ~ 4~ KAY A. BOCK, Plaintiff v. TIMOTHY L. BOCK, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 07-4417 CIVIL TERM PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information to the court for entry of a divorce decree: Ground for divorce: Irretrievable breakdown under 3301 (c) ~ 2 ~~'~' of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of Complaint: Certified mail on July 30 2007 as evidenced by an Affidavit of Service filed in the Prothonotary's Office of Cumberland County on August 7, 2007. 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce Code: by plaintiff June 27, 2009; by defendant June 13, 2009. b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None Complete either (a) or (b) a. Date and manner of service of the notice of intention to file Praecipe to transmit record, a copy of which is attached: b. Date plaintiff's Waiver of Notice in 3301 (c) was filed. with the Prothonotary: July 6, 2009. Date defendant's Waver of Notice in 3301 (c) was filed with the Prothonotary: July 6, 2009. /~*~~ Robert B. Lieberman, Esquire Attorney for Plaintiff FiL~p-~;=~~~E 4F THE P~°~~r?~'t+~}TARI' 1009 Jt!#. 2D P~ { ~ 3 9 (- ~~ [ LVril"' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAY A. BOCK V. TIMOTHY L. BOCK NO. 07-4417 CIVIL TERM DIVORCE DECREE AND NOW, , ~, it is ordered and decreed that KAY A. BOCK ,plaintiff, and TIMOTHY L. BOCK ,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.") None. The terms of the Separation and Property Settlement Agreement dated June 28, 2009 are incorporated, but not merged, into this Decree in Divorce. Attest: J. Prothonotary ,~