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HomeMy WebLinkAbout08-0456IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION DIANE M. CORNMAN NO.: bg- x(5(0 (,ivt To,rM 140 West Park Street Carlisle, PA 17013 S.S. #161-40-6874 vs. ATTORNEY I.D. #80111 RONALD L. CORNMAN 310 East Louther Street Carlisle, PA 17103 IN DIVORCE S.S. #168-36-6272 IRRETRIEVABLE BREAKDOWN NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court for: X DIVORCE SUPPORT - CHILD X EQUITABLE DISTRIBUTION OF PROPERTY COSTS ANNULMENT OF MARRIAGE CUSTODY AND VISITATION ALIMONY ATTORNEY FEES OTHER CLAIMS (specify) 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 child. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Domestic Relations of the Cumberland County Courthouse, 18 North Hanover Street, Carlisle, PA 17013. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (717) 249-3166 Toll Free 1-800-990-9108 COUNSELING NOTICE THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: Section 3301(a)(6) Section 3301(c) Section 3301(d) Indignities Irretrievable Breakdown Mutual Consent Irretrievable Breakdown Two-year separation Where the Court determines that there is a reasonable prospect of reconciliation A list of certain professionals is available for inspection in the Branch Office of the Office of the Domestic Relations of the Cumberland County Courthouse, 18 North Hanover Street, Carlisle, PA 17013. BENSTE,AD &,XfibON, P.C. BY: xk5p5hx 1. 'PKO, ESQUIRE Attorne for Pl 'ntiff, Diane rnman 124 East Court Street Doylestown, PA 18901 Date: f (p /0 (215) 345-9100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION DIANE M. CORNMAN NO.: ??_ YSG CLut/ ?ew•? 140 West Park Street Carlisle, PA 17013 S.S. #161-40-6874 vs. RONALD L. CORNMAN 310 East Louther Street Carlisle, PA 17103 S.S. #168-36-6272 ATTORNEY I.D. #80111 IN DIVORCE IRRETRIEVABLE BREAKDOWN COMPLAINT UNDER DIVORCE CODE COUNTI Divorce Plaintiff, Diane M. Cornman, by and through her attorney, Robert T. Repko, Esquire, respectfully represents: 1. Plaintiff is Diane M. Cornman who resides at 140 West Park Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Ronald L. Cornman, who resides at 310 East Louther Street, Carlisle, Cumberland County, Pennsylvania 17103. 3. Plaintiff and Defendant are sui juris, and Plaintiff has resided in the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. Defendant is not currently a member of any military service. 4. The parties were married on the 13th day of July, 1969 in Carlisle, Cumberland County, Pennsylvania. A copy of the parties' marriage certificate is attached hereto and marked as Exhibit "A." 5. The marriage is irretrievably broken, and accordingly, a divorce is requested on the basis of Sections 3301(c) and 3301(d) of the Divorce Code. 6. There have been no prior actions of divorce or annulment between the parties. 7. The parties have not entered into a written agreement. 8. 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. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in divorce, divorcing Plaintiff and Defendant. COUNT II Request for Approval of any Settlement Agreement and Incorporation Thereof in Divorce Decree Under 23 Pa.C.S. ? 3104(a) and (c), & 3105, and 4 3323 of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 11. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 12. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires tha such a written agreement be approved by the Court and incorporated, but not merged, in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to 23 Pa.C.S. § 3104(a) and (c), and § 3323, the Court approve such agreement and incorporate it, but not merge it, in the final divorce decree which may be entered between the parties. COUNT III Request For Equitable Distribution of Marital Property Under 23 Pa C S & 3502 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. Plaintiff requests the Court to equitably divide, distribute, or assign the marital property between the parties without regard to marital misconduct is such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court enter an order of equitable distribution of marital property pursuant to 23 Pa.C.S. § 3502. Respectfully Submitted BENSTEAD MABON P.C. Date: / 67 d BY: _ tcdtmxz 1: K/-PKO, E Attorney for Plaintiff, 124 East Court Street Doylestown, PA 18901 (215) 345-9100 VERIFICATION I, DIANE M. CORNMAN, verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. DATE: /L2 U?j DIANE M. CORNMAN K:ATenipIates\Verification. doc Exhibit "A" ' FROM•:Dickinson Law Career Services FAX NO :7172405003 I I, Mon n d '.• C n d a ,, ` ? ?t I, .O ? O p n C" 3 Al, yv ?f1? .A i{ d A I n rpR Y. V 1 0. r. l..:.?J9:':;. T 3' y , ,+ 1 \y,h y, ' I ? +'S X19 41 I'{!(` ?rJ(i /' fI I Ir Jan. 07 2008 07:50AM P2 S 0 :N '"?l 0 e 4 b N w 0 n' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION DIANE M. CORNMAN 140 West Park Street Carlisle, PA 17013 S.S. #161-40-6874 vs. NO.: 08-456 ATTORNEY I.D. #80111 RONALD L. CORNMAN 310 East Louther Street Carlisle, PA 17103 IN DIVORCE S.S. #168-36-6272 IRRETRIEVABLE BREAKDOWN SIGNATURE IDENTIFICATION I am the Plaintiff in this case, and I am familiar with the signature of my spouse. The signature appearing on the certified receipt card attached hereto is that of my spouse. I verify that the statements made herein 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 unworn falsification to authorities. Date: DIANE M. CORNMAN, Plaintiff ¦ Complete:ftems 1, 2, and 3. Also complete A. Signature Agent Item 4 If Restricted Delivery is desired. x ¦ Print your name and address on the reverse ? A ddressee so that we can return the card to you. by (FndNarne) S. ` e 0 1 ¦ Attach this card to the back of the mailpiece, 0 . L? ` . , .1. ( or on the front if space permits. ? D. is delivery address different from Rem 1? 1. Article Addressed to,. If YES, enter deliveryaddress below. ? No Ronald L. Cornman 310 East Louther Street Carlisle, PA 17103 3.1 Service Type III Qertlfled Mall ? Express Melt Q Registered ? Return Receipt for Merchandise ? Insured man ? C.O.D. 4. Resalc[ed Delivery? 901 Fee) 13 Yes 2- Article Nur 7006 3450 0002` t? 9369 4455 Ps Form 3811, February 2004 Domestic Return Receipt 107595-02•M-i%O P' C= -n 7T'C 1 `..} :... ` ^A 1n rt-' i` ?A ^V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION DIANE M. CORNMAN NO.: 08-456 140 West Park Street Carlisle, PA 17013 : S.S. #161-40-6874 vs. ATTORNEY I.D. #80111 RONALD L. CORNMAN 310 East Louther Street Carlisle, PA 17103 IN DIVORCE S.S. #168-36-6272 IRRETRIEVABLE BREAKDOWN ACCEPTANCE OF SERVICE I, Ronald L. Cornman, Defendant, in the above-captioned divorce action, hereby accepts service of the Divorce Complaint filed on January 22, 2008 by Plaintiff, Diane M. Cornman on the day of 12008. 6'r,6?u' (;? RONALD L. CORNMAN r-41 ;7 C?l s -73 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION DIANE M. CORNMAN NO.: 08-456 140 West Park Street Carlisle, PA 17013 S.S. 9161-40-6874 vs. ATTORNEY I.D. #80111 RONALD L. CORNMAN 310 East Louther Street Carlisle, PA 17103 IN DIVORCE S.S. #168-36-6272 IRRETRIEVABLE BREAKDOWN AFFIDAVIT OF CONSENT A complaint in divorce under § 3301(c) of the Divorce Code was filed on January 22, 2008 and service was accepted on February 4 2008 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. 2. I consent to the entry of a grounds order after service of notice of intention to request entry of the grounds order. 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. DATE: RONALD L. CORNMAN, Defendant K:Tamily-Domestic\Cornman, Diane MAffidavit.3301(c).Wife.doc _ ? ":i ?... # ;? - a-? ? A ? ?.?:... 1 - ,; C: ?. ?? :? i =- ,i'T_? _ tJ .. ?- ; j; - r-7 ._.% ....y -?P•'. [,?'? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION DIANE M. CORNMAN NO.: 08-456 140 West Park Street Carlisle, PA 17013 S.S. #161-40-6874 vs. ATTORNEY I.D. #80111 RONALD L. CORNMAN 31 0 East Louther Street Carlisle, PA 17103 IN DIVORCE S.S. #168-36-6272 IRRETRIEVABLE BREAKDOWN WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. 1 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 made herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: ??ytoQQ?„ua..y RONALD L.CORNMAN Defendant --1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION DIANE M. CORNMAN 140 West Park Street Carlisle, PA 17013 S.S. #161-40-6874 vs. RONALD L. CORNMAN 310 East Louther Street Carlisle, PA 17103 S.S. #168-36-6272 NO.: 08-456 ATTORNEY I.D. #80111 IN DIVORCE IRRETRIEVABLE BREAKDOWN AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on January 22, 2008 and service was accepted on February 4, 2008 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety '190) days have elapsed from the date of filing and service of the Complaint. 2. 1 consent to the entry of a grounds order after service of notice of intention to request entry of the grounds order. 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. DATE: eal" xy) DIANE M. CORNMAN, Plaintiff K:ATemplates\Family\Affidavit330I (c).doc cl ? o? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION DIANE M. CORNMAN 140 West Park Street Carlisle, PA 17013 S.S. #161-40-6874 NO.: 08-456 vs. RONALD L. CORNMAN 310 East Louther Street Carlisle, PA 17103 S.S. #168-36-6272 ATTORNEY I.D. #80111 IN DIVORCE IRRETRIEVABLE BREAKDOWN WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 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 made herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: C2 ?Alos >-4c DIANE M. CORNMAN, Plaintiff ?':; ;?*? _- r .? - .. c. f -? *-'4 "A k Diane X. Cornman vs. Ronald L. Cornman Docket No.: 08-456 CIVIL TERM PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this / 9 day of QJ4,, 2008, by and between Diane M. Cornman, (hereinafter referred to as "Wife"), and Ronald L. Cornman, (hereinafter referred to as "Husband"), WITNESSETH : WHEREAS, the parties were married on the 13`h day of July, 1969, in Cumberland County, Pennsylvania and ever since that date have been, and are now, husband and wife and have resided in Pennsylvania. WHEREAS, the parties hereto have lived apart and separate from each other; and WHEREAS, the parties own and possess certain property whether marital property or otherwise, as defined by the Pennsylvania Divorce Code, as amended, which they acquired either jointly or individually by gift, purchase or otherwise, either before the marriage or during the marriage; and WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. WHEREAS, the parties agree to relinquish any and all claims which either may leave against any property now owned or belonging to the other and against any property divided between the parties pursuant to this Agreement, or against any property which Cornman vs. Cornman/PSA/0 1. 14.08/No.: 08-456 Page 1 of 21 hereafter may be acquired by either of them by purchase, gifts, devise, bequests, inheritance and otherwise; and WHEREAS, the parties hereto desire to enter into this Agreement for purposes of clarifying and confirming their decision with respect to the resolution of issues related to property and other rights arising from their marriage. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good an valuable consideration, receipt and sufficiency of which is hereby acknowledged by each to the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. Final Statement: It is the desire of the parties, after long and careful consideration, to amicably adjust, compromise and settle, all property rights or estates as may now exist or may exist in the future under any law existing in any jurisdiction, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any and all claims for the maintenance of either party by the other, whether that be in the form of spousal support, alimony pendente lite, or alimony. 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 a part of the marital estate. It is understood and agreed that the settlement as set forth herein shall be considered a settlement of any equitable distribution rights either party may have arising from the Divorce Code and their marriage together. Cornman vs. Cornnlan/PSA/01.14.08/No.: 08-456 Page 2 of 21 ?i 2. Personal Rights: Husband and Wife may and shall live separate and apart from each other. Each shall be free from the marital control, restraint, interference, and authority, direct or indirect, by the other in all respects, the same as if each of them were single and unmarried. Each party shall be at liberty to live in or where he or she may deem fit and each may engage in any business, profession, or employment, as he or she may desire for his or her respective use and benefit. Neither party will interfere with the use, ownership, enjoyment, or disposition of any property now owned by or hereafter acquired by the other. Husband and Wife shall not interfere, molest, harass, annoy, injure, threaten, disturb, or malign each other or their respective families, nor compel, or endeavor to compel the other to cohabit with him or her by any means or manner whatsoever. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the cause, which led to, or resulted in, the continuation of their living apart. 3. Prior Agreements: It is understood and agreed that any and all property settlement agreements and/or separation agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 4. Laws of Pennsylvania Applicable: The parties intend that this Agreement shall be construed in accordance with the Laws of Pennsylvania and subject to the enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. The parties agree, that for purposes of Cornman vs. Cornman/PSA/01.14.08/No.: 08-456 Page 3 of 21 . Jr s enforcement, that Cumberland County, Pennsylvania shall retain jurisdiction over this Agreement. 5. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties sign the Agreement if they do so on the same date, or if not the same date, then the date on which the Agreement was signed by the last party to execute the Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 6. Distribution Date: The transfer of property, funds and/or documents provided herein shall take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 7. Headings Not Part ofAgreement: The headings 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. 8. Contract Interpretation: For purposes of contract interpretation and for the purposes of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by the parties. 9. Consideration: The consideration for this Contract and Agreement ,s the mutual benefits to be obtained by both of the parties hereto and covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties intending to be legally bound hereby. Cornman vs. Cornman/PSA/01.14.08/No.: 08-456 Page 4 of 21 10. Confidentiality: This Agreement and the documents produced in the process of negotiating the provisions hereof ("documents") shall not be filed with any public official or otherwise placed on public record, except as may be necessary and required in connection with a divorce proceeding or in order to enforce any of the terms hereof. 11. Agreement Not Predicated On Divorce: It is specifically understood and agreed by and between the parties and each of the said parties does hereby represent to the other, that the execution and the delivery of the Agreement is not predicated upon nor made subject to any agreement for the institution, prosecution, defense, or the nonprosecution, or defense of any action for divorce, provided, however, that nothing contained in the agreement shall prevent or preclude either of the parties hereto from commencing, instituting, or prosecuting any action or actions for divorce, either absolute or otherwise, upon just legal and proper grounds; nor does this Agreement prevent either party from defending any such action which may, has been, or is in full force and effect regardless of any change in the marital status of the parties, except as otherwise specifically set forth herein. Further, this Agreement is not intended to condone and shall not be deemed a condonation on the part of either party hereto of any act or acts on the part of the other party, which have occasioned the disputes, or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. However, each agrees that the marriage is irretrievably broken and each will file or has filed an affidavit consenting to a divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code of 1980, as amended. Cornman vs. Comman/PSA/0 L 14.08/No.: 08-456 Page 5 of 21 ' s w 12. Disclosure of Assets, Liabilities, and Sources oflncome: Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions 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 or she is aware of his or her right to have the real and/or personal property, estates 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 respective parties do hereby acknowledge, recognize, and accept that there has been full and fair disclosure to the other of his or her assets and liabilities, and each party agrees that any right to further disclosure, evaluation, 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. The parties hereby acknowledge and agree that the division of the marital assets as set forth in this Agreement is fair, 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, and assigns in any action of contention, direct or indirect, and allege therein that there was a denial or any rights to full disclosure, or that there was any fraud, duress, undue influence, or that there was a failure to have available full, proper and independent representation by legal counsel. Notwithstanding the foregoing, the parties warrant, each to the other, that the marital estate contains no assets other than those assets specifically set forth herein. Cornman vs. Cornman/PSA/01.14.08/No.: 08-456 Page 6 of 21 • AL ' ¦ Additionally, the parties further acknowledge that they have each made to the other a full and complete disclosure of their respective liabilities, individual, and/or joint. The parties further acknowledge that they waive any specific enumeration thereof for the purposes of this Property Settlement Agreement. Each party agrees that neither of them shall, at any future time, raise as a defense or otherwise the lack of disclosure relating to liabilities in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 13. Warranty As To Existing Obli ations: The parties acknowledge that from the date of the execution of this Agreement, unless otherwise provided, any and all debts in the parties' respective names shall become their sole and separate liability. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless for and against any debts, liabilities, or obligations of every kind which may heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 14. Health Care Expenses: The parties agree to waive any and all title, right and/or claim to health insurance coverage from the other and, to the extent that either party currently maintains health insurance for the other party, it is agreed that the party providing such benefit shall be entitled to terminate coverage for the other spouse as of the thirtieth (30`) day following the date of execution of this agreement. Therefore, both parties agree to obtain and maintain health insurance for themselves, respectively. Cornman vs. Cornman/PSA/01.14.08/No.: 08-456 Page 7 of 21 15. Spousal Sport and Alimony: The parties hereby waive any and all claim, title, right and/or interest that the other may have to spousal support, alimony and/or alimony pendent elite (A.P.L.) and/or any other type of spousal maintenance. 16. Real Estate: The parties acknowledge that they have recently sold the marital property located at 371 H Street, Carlisle, Cumberland County, Pennsylvania 17013 M August, 2007 and have since divided the net proceeds from the sale of the marital property to the parties' mutual satisfaction. The parties hereby agree and acknowledge that they do not own any other marital property and further agree that the proceeds each party has received from the sale shall be that party's sole and separate property. Both parties agree to forever waive and forgive any and all claims they may have to the proceeds received by the other party. 17. Automobiles: With respect to the motor vehicles owned by one or both the parties, they agree as follows: A. The parties agree that Wife shall retain possession of and receive as her sole and exclusive property her automobile, along with the responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon. Husband agrees to execute, acknowledge, and deliver upon request of Wife any and all instruments and/or documents necessary in order to effectuate the terms of this subparagraph. Wife hereby agrees that she will indemnify and hold Husband and his property harmless with respect from any liability, cost or expense, including attorney's fees, incurred in the connection with the said automobile awarded to her by the terms of this subparagraph. Cornman vs. Cornman/PSA/01.14.08/No.: 08-456 Page 8 of 21 V t B. The parties agree that Husband shall retain possession of and receive as his sole and exclusive property his automobile, along with the responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon. Wife agrees to execute, acknowledge, and deliver upon request of Husband any and all instruments and/or documents necessary in order to effectuate the terms of this subparagraph. Husband hereby agrees that he will indemnify and hold Wife and her property harmless with respect from any liability, cost or expense, including attorney's fees, incurred in the connection with the said automobile awarded to her by the terms of this subparagraph. C. The parties agree to secure their own Auto Insurance. They further agree to hold the other party harmless for lapses, which occur, in insurance coverage after said date. 18. Tangible Personal Property: Wife and Husband do hereby acknowledge that they have heretofore divided the marital property and/or property including, but without limitation to, jewelry, clothes, furniture, and other personalty and Hereafter Wife agrees that all of the property in the possession of Husband shall be sole and separate property of Husband; and Husband agrees that all property in the possession of Wife shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce, and forever abandon whatever claims, if any, she or he may have with respect to any of the above items, which are the sole and separate property of the other. 19. Financial Assets: A. Retirement Accounts: Husband shall retain as his sole and Cornman vs. Comman/PSA/0 1. 14.08/No.: 08-456 Page 9 of 21 separate property any and all retirement benefits belonging to him and/or registered in his name. Wife shall retain as her sole and separate property any and all retirement benefits belonging to her and/or registered in her name. Both parties respectively waive any and all claims, interest or rights they may have in the retirement benefits of the other. Retirement benefits include, but are not limited to, pension, annuities, 401(k)'s, 403(b)'s, IRA's, and/or Roth IRA's. B. All Remaininz Financial Assets: With the exception of the assets set forth in Paragraph 19(A) Wife and Husband do hereby acknowledge that they have heretofore divided the remaining marital financial assets including, but without limitation to, all joint checking and savings accounts, all stocks, all certificates of deposit, all bonds, and all mutual funds and hereafter Wife agrees that all financial assets in the possession of Husband, and/or registered in Husband's name, shall be sole and separate property of Husband; and Husband agrees that all financial assets in the possession of Wife, and/or registered in Wife's name, shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce, and forever abandon whatever claims, if any, she or he may have with respect to any of the above items, which are the sole and separate property of the other. 20. Waiver of'Discovery: Each of the parties hereto acknowledges that lie or she is aware of his or her rights to seek discovery, including but not limited to, written interrogatories, motions 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 Rules of Civil Procedure. Each of the parties further acknowledges that he or she is aware of his or her right to have the real and/or Cormnan vs. Cornman/PSA/01.14.08/No.: 08-456 Page 10 of 21 IP. >* personal property, estates and assets, earnings 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 respective parties do hereby acknowledge, recognize and accept that there has been full and fair disclosure to the other of his or her assets and liabilities, and each party agrees that any right to further disclosure, evaluation, enumeration, or statement thereof in this Agreement is hereby waived, and the parties do not wish to make or append thereto any further enumeration or statement. The parties hereby acknowledge and. agree that the division of the marital 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 heirs, executors, administrators, and assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to frill disclosure, or that there was any fraud, duress, undue influence, or that there was a failure to have available full, proper, and independent representation by legal counsel. Notwithstanding the foregoing, the parties warrant, each to the other, that the marital estate contains no assets other than those assets specifically set forth herein. 21. Life Insurance: Husband shall retain as his sole and separate property any and all life insurance policies belonging to him and/or registered in his name. Wife shall retain as her sole and separate property any and all life insurance policies belonging to her and/or registered in her name. Both parties respectively waive any and all claim, title, interest or right they may have in the life insurance policies of the Cornman vs. Cornman/PSA/01.14.08/No.: 08-456 Page 11 of 21 other and both parties shall hereafter be free to make any changes in beneficiary designations with consent, approval or interference from the other party. 22. Joint Debts: Wife and Husband do hereby acknowledge that they have heretofore distributed the marital debts among themselves to their mutual satisfaction. The parties agree that they shall be responsible for their own debt incurred subsequent to the date of separation. Husband and Wife agree to terminate and close out all joint credit card accounts or similar accounts immediately. Any charge incurred by either party under a joint credit card since separation shall be the responsibility of the party incurring the debt. Both parties also agree not to incur debts in the future under such joint credit cards or other accounts. 23. Indemnification of Ei{e: If any claim, action, or proceeding is hereafter initiated seeking to hold Wife liable for the debts, or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action, or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Wife in connection therewith. 24. Indemnification of Husband: If any claim, action, or proceeding is hereafter initiated seeking to hold Husband liable for the debts, or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action, or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Husband in connection therewith. Cornman vs. Cornnlan/PSA/01.14.08/No.: 08-456 Page 12 of 21 25. Tax Returns: The parties agree that that they shall file separate Federal and State income tax returns for the year 2007 and thereafter unless otherwise agreed in writing. In the event the parties ultimately elect to file joint Federal and State income tax returns for 2007, they agree to share any tax liability, or refund, in proportion to their respective incomes. Should the parties file joint tax returns for 2007, they acknowledge that they shall file separate tax returns for the year 2008 and thereafter. The parties agree to indemnify and hold the other harmless from and against any liability, costs or expenses, including reasonable legal fees, as a result of any claims, against a spouse out of that spouse's income on any joint tax returns filed by the parties. As to say, each party shall be solely responsible for his or her own errors, omissions, or failure to report his or her income correctly. 26. &2resentation and Advise of Counsel: The parties agree that Wife is represented by Robert T. Repko, Esquire and Husband has freely chosen to enter into this Agreement without legal representation. Each party confirms that he or she fully understands the terms, conditions, and provisions of this Agreement and believes them to be fair, just, adequate, and reasonable under the existing circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any duress, undue influence, col Iusion, or improper or illegal agreement or agreements. 27. Counsel Fees Costs and Expenses: The parties agree that they shall be responsible for their own counsel fees and costs associated with this divorce. 28. Mutual Releases and Waiver of Claims for in this Agreement: Cornman vs. Comman/PSA/0 1. 14.08/No.: 08-456 Page 13 of 21 Except as otherwise provided A. Husband and Wife each accept the provisions of this Agreement as and for an equitable distribution of all property that is or is claimed to be marital property. Both parties hereby waive and release any other claim for equitable distribution of marital property, and both parties agree not to seek, request or petition any court for Amy other equitable distribution of marital property except in accordance with the provisions of this Agreement. Husband and Wife each acknowledge that they are familiar with and knowledgeable of the assets and income of each other and of all property and assets constituting marital property. B. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights or claims against the other for any past, present, and future claims on account of support and maintenance; it being specifically understood and agreed that the payments, transfers, and other considerations herein recited so comprehend and discharge any and all such claims by each against the other and are, inter alia, in full settlement and satisfaction and in lieu of their past, present, and future claims against the other on account of maintenance, support, alimony pendente lite, alimony, counsel fees, costs, and expenses and any other charge of any nature whatsoever pertaining to any divorce proceedings which have been or may be instituted in the Commonwealth of Pennsylvania or any other court in the Commonwealth of Pennsylvania or any other jurisdiction or any other counsel fees, costs, and expenses, incurred or to be charged by counsel or arising in any manner whatsoever. C. Each party hereby releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either Coniman vs. COrnTnan/PSA/01.14.08/No.: 08-456 Page 14 of 21 L"• 'J•, has or at any time hereafter may have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligations, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of this or any other jurisdiction. D. Each party hereby releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property, and estate from any and all rights, claims, demands, or obligations arising out of or by virtue of the material relationship of the parties or otherwise, whether such claims arise out of any former or future acts, contracts, engagements, or liabilities of the other or by the way of dower, curtesy, widow's or widower's rights, family exemptions or similar allowances, or under the intestate laws, conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any State, Commonwealth or territory of the United States, or any other country. E. Except for any cause for action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 29. Con armaton Documents: Husband and Wife covenant and agree that they will forthwith (within at least fifteen (15) days after demand therefore) execute and Cornman vs. Comman/PSA/0 1. 14.08/No.: 08-456 Page 15 of 21 r" . ,'.. deliver any and all written instruments, assignments, releases, satisfactions, deeds, notes, consents to change beneficiaries of insurance policies, tax returns, or such other writings, and do or cause to be done every other act or thing that may be necessary or desirable for the proper effectuation of this Agreement. The parties will further deliver to each other whatever personal papers, documents, or writings that each now possesses which are the property of the other. If either party reasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 30. Incorporated Into Decree; Survival ofAgreement: It is specifically agreed that this Agreement shall become an Order of Court. The parties hereby agree that the terms of this Agreement may be incorporated, by reference, into any divorce decree, which may be entered with respect to them. Notwithstanding such incorporation of this Agreement as aforesaid, any judgment entered hereon, and this Agreement by its specific terms, shall not be merged with such divorce decree but shall continue to have independent legal significance and shall be subject to enforcement by either party as in the case of any other contract or agreement. 3 l . Agreement To Continue After Divorce: This Agreement shall remain in frill force and effect unless and until it is terminated either by mutual written consent of both parties, or to the extent it is appropriately terminated by the action of either party under the terms of this Agreement or terminates pursuant thereof. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not by construed as a waiver of any subsequent default of the same or similar nature. The waiver of any term, condition, clause, or provisions of this Agreement by either party Cornman vs. Comman/PSA/01.14.08/No.: 08-456 Page 16 of 21 i; a '4 , shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. In the event that the marriage of the parties hereto is terminated by divorce, this Agreement shall nevertheless remain in full force and effect, and shall survive such decree and shall not in any way be affected thereby, except as provided for herein. 32. E ect ofReconciliation or Reconciliation Attempt: This Agreement shall remain in full force and effect even if the parties effect a reconciliation, cohabit as Husband and Wife, or attempt to effect a reconciliation. This Agreement shall continue in full force and effect and there shall be no modifications or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any terms of this Agreement to be null and void. 33. Severability and Independent and Separate Covenants: The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause, and/or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, and/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 her or his obligations tinder any one or more of the paragraphs herein, with the exception of the satisfaction of the condition precedent, shall in no way void or alter the remaining obligations of the parties. Cornman vs. Cornman/PSA/01.14.08/No.: 08-456 Page 17 of 21 , J14 ! 34. Waiver or Modification To Be In Writing: No modification, revision, amendment, or waiver of any terms hereof shall be effective unless in writing and signed by each of the parties hereto. 35. No Waiver ofDDefault: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same. 36. Breach: If either party fails in the due performance of any of his or her material obligation and/or any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such a breach, or seek such other remedies or relief as may be available to him or her, including an action addressed to the Domestic Relations Court for the specific enforcement of this Agreement. It is intended that each party will Have the full scope of all available remedies under the law of the Commonwealth of Pennsylvania, or any other state or jurisdiction wherein enforcement may be sought. Nothing herein contained shall be construed to restrict or impair the right to exercise such election. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses, and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 37. Waiver ojf'Breach: The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other provision of this Agreement. Further, the waiver of any breach of any provision hereof shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall Cornman vs. Cornman/PSA/01.14.08/No.: 08-456 Page 18 of 21 A J ?? h the waiver of any breach of any provision hereof be construed as a waiver of strict performances of any other obligations herein. 38. Warranty As To Future 4bli ate ions: Except as set forth in this Agreement, Wife and Husband each represents and warrants to the other that he or she has not in the past or will not at anytime in the future incur or contract any debt, charge, liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save, and hold the other and his or her property harmless from any liability, loss, and cost of expense whatsoever incurred in the event of breach hereof 39. After-Acquired Property: Husband and Wife shall hereafter own and enjoy, independently of any claims or right of the other, all items of personal property, tangible or intangible, and real property hereafter acquired by him or her, with full power in him or her to dispose of same as full and effectively, in all respects and for all purposes. The parties agree to waive and relinquish any and all right he or she may now Rave or hereafter acquire in any real property and/or tangible or intangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right to such property that may arise as a result of the marital relationship, including without limitation dower, curtesy, right to equitable distribution under the Divorce Code statutory allowances, widow's allowances, right to take through Cornman vs. CornlYlan/PSA/01.14.08/No.: 08-456 Page 19 of 21 intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate; and each party 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 the mutual waiver and relinquish of such interest, rights, and claims. 40. Waiver of Estate Claim: Except as otherwise herein provided, each party hereby waives, releases, and relinquishes any and all rights he or she may now have or may hereafter acquire as the other party's spouse under the present or future laws of any jurisdiction to (a) elect to take against any Will or Codicils of the other party now or hereafter in force; (b) share in the other party's estate in case of intestacy; (c) act as Executor or Administrator of the other party's estate. 41. Agreement Binding On Heirs: The terms, provisions, and conditions of this Agreement shall be binding upon and inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, successors, or assigns of either of the respective parties hereto, except as otherwise provided in the specific paragraphs of this Agreement. 42. Preservation of Records: Each party will keep and preserve for a period of seven (7) years from the date of any Divorce Decree which may be entered with respect to the parties, any and all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of a tax audit. 43. Counterparts: This Agreement may be executed in two (2) counterparts, each of which shall have the effect of an original. 44. Entire Agreement: Husband and Wife do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by Cornman vs. Cornman/PSA/01.14.08/No.: 08-456 Page 20 of 21 01"dr 1" either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises, or representations not herein contained, either oral or written, which shall or may be changed or enforced unless reduced to writing and signed by both of the parties. 45. Closing Provisions: Each party acknowledges that he or she has carefully read this Agreement, including other documents to which it refers; that he or she is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties; that he or she has had the opportunity to discuss its provisions with an attorney of his or her own choice and fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect, and has executed it voluntarily; that he or she has given careful and mature thought to the making of this Agreement; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. WITNESS: ('? c,7 ?A >'?, ?p ?l -??t? (Seal) DIANE M. CORNMAN (Seal) WITNESS: RONALD L. CORNMAN Cornman vs. Cornman/PSA/01.14.08/No.: 08-456 Page 21 of 21 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION DIANE M. CORNMAN 140 West Park Street Carlisle, PA 17013 S.S. #161-40-6874 vs. RONALD L. CORNMAN 310 East Louther Street Carlisle, PA 17103 S.S. #168-36-6272 NO.: 08-456 CIVIL TERM ATTORNEY I.D. #80111 IN DIVORCE IRRETRIEVABLE BREAKDOWN PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: Grounds for divorce: Irretrievable breakdown under 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Complaint sent via certified mail and accepted by Defendant on February 4 2008 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 05/01/08; by defendant 05/01/08 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. See attached Property Settlement Agreement dated February 19, 2008 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 of plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: 5/2/08 Date defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: 5/2/08 Respectfully Submitted, BENSTEAD & MABON, P.C. BY: %A EfirX. REPKO, ESQUIRE Attorney for Plaintiff, Diane M. Conunan 124 East Court Street Doylestown, PA 18901 (215) 345-9100 Date: May 1, 2008 r-., r.., r._ a--?, - --, + ? " --` - `-• ? y ?7_??; { ..`? .? ? ... .. '? r.- . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DIANE M. CORNMAN No. 08-456 CTVTT. TERM VERSUS RONALD L. CORNMAN DECREE IN DIVORCE AND NOW, ??? O Zb6 IT IS ORDERED AND DECREED THAT Diane M. Cornman , PLAINTIFF, AND Ronald L.. Cornman DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Property Settlement Agreement dated February 19, 2Q08, by and between the parties is incorporated into this decree without merger for purposes BY THE COURT: ATTE T: J V J. PROTHONOTARY f s