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HomeMy WebLinkAbout08-0868AMIE L. COLLINS, V. Plaintiff A. COLLINS, Defendant 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 divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. 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 OT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FFICE SET FORTH BELOW WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER & BRENNEMAN, P.C. LAW OFFICES SNELBAKER 8C BRENNEMAN, P.C. BY: 1/? (/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Q?- ? CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Attorneys for Plaintiff JAMIE L. COLLINS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 0,r. t e, F CIVIL TERM MARK A. COLLINS, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT 1. Plaintiff Jamie L. Collins is an adult individual residing at 101 Hollow View Lane, la, Cumberland County, Pennsylvania 17025. 2. Defendant Mark A. Collins is an adult individual residing at 721 Train Lane, Enola, Cumberland County, Pennsylvania 17025. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on August 1, 1998, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4, above. 6. Neither party is a member of the armed forces of the United States of America. 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce divorcing LAW OFFICES SNELBAKER & BRENNEMAN, P.C. iff and Defendant from the bonds of matrimony and to order such other relief as the Court just and reasonable. SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 Telephone: 717-697-8528 Attorneys for Plaintiff Jamie L. Collins Date: February 4, 2008 -2- LAW OFFICES SNELBAKER SC BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 ating to unsworn falsification to authorities. J ie L. Collins LAW OFFICES SNELBAKER & BRENNEMAN, P.C. JAMIE L. COLLINS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Of- CIVIL TERM MARK A. COLLINS, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT JAMIE L. COLLINS, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Jamie L. Collins (Plaintiff) LAW OFFICES SNELBAKER & BRENNEMAN, P.C. N C= c xa r"ri P "a Cri _, tv1 i 2 1 1 JAMIE L. COLLINS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-868 CIVIL TERM MARK A. COLLINS, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND ) SS. Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that the is a principal in the law firm of Snelbaker & Brenneman, P. C., being the attorneys for Jamie L. Collins, Plaintiff in the above captioned action in divorce; that on February 6, 2008 he did send to Defendant Mark A. Collins by certified mail, return receipt requested, restricted delivery, I a duly certified copy of the Complaint in Divorce which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. 17004 1350 0004 1256 3159; that the Complaint and cover letter were duly received by Defendant Mark A. Collins, as evidenced by the return receipt card for said certified mail dated February 8, 2008; that a copy of the aforementioned cover letter dated February 6, 2008 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for Certified Mail and the Domestic Return Receipt are attached hereto and incorporated by reference herein as "Exhibit B"; and that the foregoing facts are true and correct to the best of his knowledge, LAW OFFICES SNELBAKER & BRENNEMAN, P.C. and belief. Keith O. Brenneman LAW OFFICES SNELBAKER & BRENNEMAN, P.G. Sworn to and subscribed before me 1 l "i' day of February, 2008. Notary COMMONWEALTH OF PENNSYLVANIA Notarial Seal FMechanlcsburq san L. Matr", Notary PubAc Boro, Cumberland County mmission Expires Nov. 24, 2011 Member, Pennsylvania Association of Notaries -2- SNELBAKER 8 BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 RICHARD C. SNELBAKER KEITH O. BRENNEMAN 717-697-8528 P. O. ox 318 FACSIMILE 717)697-7681 Mark A. Collins 721 Train Lane Enola, PA 17025 Dear Mr. Collins: February 6, 2008 Enclosed please find a certified copy of a Divorce Complaint, the original of which filed this date with the Prothonotary in Cumberland County. Yours truly, Keith O. Brenneman KOB/sm Enclosure CC: Jamie L. Collins (w/enclosure) By certified mail, return receipt requested, restricted delivery, Parcel No. 7004 1350 0004 1256 3159 EXHIBIT A v m 'I .. m u7 r o CerBOed Fee 0 tt3rdoreerr en Rt eq) C3 u7 R.srrloced Damrery Fee (ErMorsement Req mm m TOW Postage rt Fees 0 °11 ° Mark . r?- r--r' WW --- a'rl?`'3 74 o`` e, ?. Canplete itemsf 71 hwn 4 if Restricted Delivery is desired. ¦ PrIM your n era j so that we canWrri the ca to you. V ¦ Atbch this card to the back of the mailpiece, or an the front If space permits. 1. Article Addressed to: Is delivery address different from Item 1?' ? its, if YES, eater delivery address below: ? No Mark A. Collins 721 Train Lane Enola, PA 17025 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 3. Swvk)e Type xff) Certified Mail ? E Mail ? Registered ? Retum Reew for Mercherrdlee O Insured mail ? C.O.D. 4. Restricted Delivery'pha Feel) Xv Yes 2' AtWe "°"'m serv45k;e ? 7004 1350 0004 1256 3159 (lianalbr from _ PS Form 3811, February 2004 Domestic Retum Receipt 1102595-02-M-1 540 EXHIBIT B ,1 r?..) F:? 'v ?.! ? E ? r,,, F + '?? Cls .t:` ? .L Z - ? ? _ -° a ? ,.? SWARTZ CAMPBELL LLC By: James C. Haggerty Suzanne Tighe Identification No.: 30003; 80179 Two Liberty Place, 28th Floor 50 S. 16th Street Philadelphia, PA 19102 (215) 564-5190 ALLSTATE INSURANCE COMPANY 6345 Flank Drive Suite 1000 Harrisburg, PA 17112-2765 V. WAYNE F. BRYNER AND VICTORIA BRYNER 525 Grahams Woods Road Carlisle, PA 17013-8942 Attorneys for Plaintiff, Allstate Insurance Company COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 07-868-CIVIL ANSWER OF PLAINTIFF TO MOTION TO COMPEL DISCOVERY AND IMPOSE SANCTIONS The plaintiff, Allstate Insurance Company ("Allstate"), by its counsel, Swartz Campbell, LLC, hereby responds to the Motion of the Defendants to Compel Responses to Discovery From plaintiff and Seeking Sanctions Pursuant to Rule 4019, and avers as follows: 1. Admitted. It is admitted that the Plaintiff, Allstate, has filed this declaratory judgment action seeking a declaration of the right and obligation of the parties in connection with the claims of the defendants, Wayne F. Bryner and Victoria Bryner, for recovery of uninsured motorist benefits under a policy of personal automobile insurance issued by the Plaintiff, Allstate. SWARTZ CAMPBELL LLC ATTORNEYS AT LAW 2.46. (inclusive). Denied. It is denied that the plaintiff has failed to respond to the Interrogatories and Request for Production of Documents of the defendants. On the contrary, the plaintiff has provided full and complete responses to the discovery requests. In this regard, the plaintiff has provided the following responses By letter dated October 22, 2007, the plaintiff served objections to certain of the discovery requests of the defendants which sought information and/or documentation that was not relevant nor material to the causes of action plead in the Complaint. The objections of the plaintiff represent fair and reasonable responses to certain of the discovery requests. A true and correct copy of the objections of the plaintiff is attached hereto as Exhibit «A„ By letter dated April 18, 2007, the plaintiff provided verified answers to the remaining discovery requests. A true and correct copy of answers and objections of the plaintiff to the Interrogatories and Request for Production of Documents are attached hereto as Exhibit B. Therefore, the plaintiff, Allstate, has fully responded to the discovery requests of the defendants. The Motion for Sanctions is moot. 17.20, (inclusive). Denied. It is denied that the plaintiff has failed to respond to the Interrogatories and Request for Production of Documents of the defendants. On the contrary, the plaintiff has provided full and complete responses to the discovery requests. In this regard, the plaintiff has provided the following responses: By letter dated October 22, 2007, the plaintiff served objections to certain of the discovery requests of the defendants which sought information and/or documentation that was not relevant nor material to the causes of action plead in the Complaint by letter dated October 22, 2007. The objections of the plaintiff represent fair and reasonable responses to certain of the discovery requests. A true and correct copy of the objections of the plaintiff is attached hereto as Exhibit A. 2 SWARTZ CAMPBELL LLC ATTORNEYS AT LAW • By letter dated April 18, 2007, the plaintiff provided verified answers to the remaining discovery requests. A true and correct copy of answers and objections of the plaintiff to the Interrogatories and Request for Production of Documents are attached hereto as Exhibit B. Therefore, the plaintiff, Allstate, has fully responded to the discovery requests of the defendants. The Motion for Sanctions is moot. Wherefore, it is respectfully requested that the Court dismiss the Motion to Compel Responses to Discovery from Plaintiff and Seeking Sanctions. Respectfully, SWARTZ CAMPBELL LLC By: ames u. tiaggerty (Suzanne Tighe Attorneys for Plaintiff, Allstate Insurance Company Dated: &A-ki-til 3 SWARTZ CAMPBELL LLC ATTORNEYS AT LAW SWARTZ CAMPBELL LLC By: James C. Haggerty Identification No.: 30003 Two Liberty Place, 28th Floor Philadelphia, PA 19102 (215) 564-5190 ALLSTATE INSURANCE COMPANY 6345 Flank Drive Suite 1000 Harrisburg, PA 17112-2765 : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY V. WAYNE F. BRYNER AND VICTORIA BRYNER 525 Grahams Woods Road Carlisle, PA 17013-8942 Attorney for Plaintiff, : No. 07-868-CIVIL OBJECTIONS TO INTERROGATORIES (SET I) The plaintiff, Allstate Insurance Company ("Allstate"), by its counsel, Swartz Campbell LLC, hereby files Objections to the Interrogatories of the plaintiff as set forth more fully below. The plaintiff, Allstate, agrees to produce all relevant and discoverable information to which no objection has been issued. 16. Have you established any reserves on the Defendants' claim? If so, identify each person who participated in the decision to do so, state the amount(s) thereof, and state the basis therefore. If not, identify each person who participated in the decision not to establish any reserve and state the basis therefore. Objection. The plaintiff, Allstate, objects to the production of any information or documentation regarding any reserves with respect to the claim of the defendants, Wayne F. Bryner and Victoria Bryner, for recovery of underinsured motorist benefits. SWARTZ CAMPBELL LLC ATTORNEYS AT LAW SWARTZ CAMPBELL LLC ATTORNEYS AT LAW The requested information and documentation is neither relevant nor material to the request for declaratory relief in the present matter. The information and documentation cannot also be considered to lead to the discovery of relevant or material information with respect to the coverage dispute. 26. What procedures, if any, were in effect between 1999 through 2006 inclusive by which the Plaintiff sought to have its employees and agents implement the standards set forth in the Pennsylvania Unfair Insurance Practices Act, Unfair Insurance Practice Regulations, Unfair Claims Settlement Practices Law, and the Pennsylvania Unfair Trade Practices Act in Consumer Protection Law? Objection. The plaintiff, Allstate, objects to the production of any information or documentation regarding the Pennsylvania Unfair Insurance Practices Act, the Unfair Insurance Practice Regulations, the Unfair Claims Settlement Practices Law and/or the Pennsylvania Unfair Trade Practices Act and Consumer Protection Law. The requested information and documentation is neither relevant nor material to the dispute in the present case. This lawsuit seeks a declaration as to the applicability and enforceability of specific exclusions in the policy of insurance under which claim has been made. The policies and procedures for implementation of the above noted statutes are neither relevant nor material to the dispute. Further, the requested information and documentation cannot reasonably be considered to lead to the discovery of relevant and material information or documentation. 27. Identify all written policies, claims manuals, or other written communications setting forth Company practices, procedures or policies regarding 2 SWARTZ CAMPBELL LLC ATTORNEYS AT LAW SWARTZ CAMPBELL LLC ATTORNEYS AT LAW the handling of claims such as Defendant's including, but not limited to, automobile claims manuals in effect for the years 1999 through 2006 Objection. The plaintiff, Allstate, objects to the production of any information or documentation regarding the claims manuals or written practices regarding policies or procedures for the handling of underinsured motorist claims. The requested information and documentation is neither relevant nor material to the dispute in the present case. This lawsuit seeks a declaration as to the applicability and enforceability of specific exclusions in the policy of insurance under which claim has been made. The policies and procedures for implementation of the above noted practices are neither relevant nor material to the dispute. Further, the requested information and documentation cannot reasonably be considered to lead to the discovery of relevant and material information or documentation. 32. What, if anything, did Plaintiff do to train, explain, and/or discuss the effect of the "household/non-owned auto" exclusion to its agents and/or insureds? Objection. The plaintiff, Allstate, objects to the discovery of information or documentation regarding training and discussion in connection with the specific policy exclusions at issue. The information or documentation regarding training or discussions with respect to the exclusions in question is neither relevant nor material to the issue in the present case. This lawsuit seeks a declaration as to the applicability and enforceability of specific exclusions in the policy of insurance under which claim has been made. The policies and procedures for implementation of the above noted practices are neither relevant nor material to the dispute. Further, the SWARTZ CAMPBELL LLC ATTORNEYS AT LAW SWARTZ CAMPBELL LLC ATTORNEYS AT LAW requested information and documentation cannot reasonably be considered to lead to the discovery of relevant and material information or documentation. 33. Identify all in house memoranda or other written communications of Allstate Insurance Company which pertain in any way to the '-'household/non-owned auto exclusion." Objection. The plaintiff, Allstate, objects to the discovery of information or documentation regarding memoranda or written communications in connection with the specific policy exclusions at issue. The information or documentation regarding memoranda or written communications with respect to the exclusions in question is neither relevant nor material to the issue in the present case. This lawsuit seeks a declaration as to the applicability and enforceability of specific exclusions in the policy of insurance under which claim has been made. The policies and procedures for implementation of the above noted practices are neither relevant nor material to the dispute. Further, the requested information and documentation cannot 4 SWARTZ CAMPBELL LLC ATTORNEYS AT LAW SWARTZ CAMPBELL LLC ATTORNEYS AT LAW reasonably be considered to lead to the discovery of relevant and material information or documentation. Respectfully, . SWARTZ CAMPBELL LLC By: C. Haggbrty iey for Plaintiff, to Insurance Company SWARTZ CAMPBELL LLC ATTORNEYS AT LAW SWARTZ CAMPBELL LLC ATTORNEYS AT LAW VERIFICATION I, James C. Haggerty, Esquire, make this verification and state that the averments contained herein are true and correct to the best of my knowledge information and belief. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Jams s C. Haggerty, ] quire 6 SWARTZ CAMPBELL LLC ATTORNEYS AT LAW SWARTZ CAMPBELL LLC ATTORNEYS AT LAW CXk?J-4- B SWARTZ CAMPBELL LLC By: James C. Haggerty Identification No.: 30003 Two. Liberty Place, 28th Floor Attorney for Plaintiff, oV 0. iaLA al:reet, Philadelphia, PA 19102 (215) 564-5190 ALLSTATE INSURANCE COMPANY 6345 Flank Drive Suite 1000 Harrisburg, PA 17112-2765 COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY V. WAYNE F. BRYNER AND VICTORIA BRYNER 525 Grahams Woods Road Carlisle, PA 17013-8942 No. 07-868-CIVIL OBJECTIONS TO REQUEST FOR PRODUCTION OF DOCUMENTS (SET I) The plaintiff, Allstate Insurance Company ("Allstate"), by its counsel, Swartz Campbell LLC, hereby files Objections to the Request for Production of Documents of the plaintiff as set forth more fully below. The plaintiff, Allstate, agrees to produce all relevant and discoverable information to which no objection has been issued. 1. Objection. The plaintiff, Allstate, objects to the production of any information or documentation privileged or otherwise protected from discovery under the Pennsylvania Rules of Civil Procedure. 2. Objection. The plaintiff, Allstate, objects to the production of any information or documentation privileged or otherwise protected from discovery under the Pennsylvania Rules of Civil Procedure. 6. Objection. The plaintiff, Allstate, objects to the production of any SWARTZ CAMPBELL LLC ATTORNEYS AT LAW SWARTZ CAMPBELL LLC ATTORNEYS AT LAW information or documentation privileged or otherwise protected from discovery under the Pennsylvania Rules of Civil Procedure. 7. Objection. The plaintiff, Allstate, objects to the production of any information or documentation privileged or otherwise protected from discovery under the Pennsylvania Rules of Civil Procedure. 11. Objection. The plaintiff, Allstate, objects to the production of any information or documentation privileged or otherwise protected from discovery under the Pennsylvania Rules of Civil Procedure. By way of further answer, the plaintiff, Allstate, objects to the request as being overly broad. The request seeks information or documentation which is neither relevant nor material to the claims in the present case and cannot reasonably be deemed to be calculated to lead to the discovery of relevant information or documentation. 11. (second No. 11). Objection. The plaintiff, Allstate, objects to the production of any information or documentation privileged or otherwise protected from discovery under the Pennsylvania Rules of Civil Procedure. By way of further answer, the plaintiff, Allstate, objects to the request as being overly broad. The request seeks information or documentation which is neither relevant nor material to the claims in the present case and cannot reasonably be deemed to be calculated to lead to the discovery of relevant information or documentation. 13. Objection. The plaintiff, Allstate, objects to the production of any information or documentation privileged or otherwise protected from discovery under the Pennsylvania Rules of Civil Procedure. By way of further answer, the plaintiff, 2 SWARTZ CAMPBELL LLC ATTORNEYS AT LAW SWARTZ CAMPBELL LLC ATTORNEYS AT LAW Allstate, objects to the request as being overly broad. The request seeks information or documentation which is neither relevant nor material to the claims in the present case and cannot reasonably be deemed to be calculated to lead to the discovery of relevant information or documentation 14. Objection. The plaintiff, Allstate, objects to the production of any information or documentation privileged or otherwise protected from discovery under the Pennsylvania Rules of Civil Procedure. By way of further answer, the plaintiff, Allstate, objects to the request as being overly broad. The request seeks information or documentation which is neither relevant nor material to the claims in the present case and cannot reasonably be deemed to be calculated to lead to the discovery of relevant information or documentation. 15. Objection. The plaintiff, Allstate, objects to the production of any educational or training materials pertaining to the "household/non-owned auto" exclusion. The present action involves a claim seeking declaratory relief in connection with the enforceability and applicability of particular exclusions in the policy of insurance issued to the plaintiff. Educational and/or training materials pertaining to the exclusion are neither relevant nor material to the claim in question. Further, educational and/or training materials cannot reasonably be considered to 3 SWARTZ CAMPBELL LLC ATTORNEYS AT LAW SWARTZ CAMPBELL LLC ATTORNEYS AT LAW lead to the discovery of relevant or material information. Respectfully, By: JOes C. Hagg6rty Attorney for' Plaintiff, Allstate Insurance Company 4 SWARTZ CAMPBELL LLC ATTORNEYS AT LAW SWARTZ CAMPBELL LLC ATTORNEYS AT LAW VERIFICATION I, James C. Haggerty, Esquire, make this verification and state that the averments contained herein are true and correct to the best of my knowledge information and belief. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. i Janes Haggerty, Esquire SWARTZ CAMPBELL LLC ATTORNEYS AT LAW SWARTZ CAMPBELL LLC ATTORNEYS AT LAW VERIFICATION I, Suzanne Tighe, Esquire, make this verification and state that the averments contained herein are true and correct to the best of my knowledge information and belief. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Tighe, Esquire 4 SWARTZ CAMPBELL LLC ATTORNEYS AT LAW CERTIFICATE OF SERVICE I hereby certify that I am on this day serving the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by first class mail addressed as follows: Scott B. Cooper, Esquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 Date: 4k. (T. 4y Ines C. Raggerty, Esquire Suzanne Tighe, Esquire Attorney Reg. No. 30003 & 80179 Swartz Campbell LLC 50S.16 th Street, 28th Floor Philadelphia, PA 19102 (215) 564-5190 Attorneys for Plaintiff SWARTZ CAMPBELL LLC ATTORNEYS AT LAW 77- (:+ C t POST-NUPTIAL AGREEMENT THIS AGREEMENT, made this o?p*'t day of fcdra 4A 2008, by and between: JAMIE L. COLLINS, of Enola, Cumberland County, Pennsylvania, parry of the first part, hereinafter "Wife" AND MARK A. COLLINS, of Enola, Cumberland, Pennsylvania, party of the second part, hereinafter "Husband" WITNESSETH: WHEREAS, Husband and Wife (collectively referred to herein as the "parties") were married to each other on August 1, 1998 in Cumberland County, Pennsylvania; and WHEREAS, the parties last resided with each other at 721 Train Lane, Enola, Cumberland County, Pennsylvania; and WHEREAS, the parties have accumulated certain assets and incurred certain debts during their marriage; and WHEREAS, certain differences have arisen between the parties, as a consequence of which they have decided to live separate and apart from each other commencing December 8, 2007 (the "date of separation"); and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status and with respect to the terms and provisions of this Post-Nuptial Agreement and the meaning and legal effect thereof and have obtained such counsel and advice or have voluntarily and knowingly chosen not to do so; and WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs, which they believe to be fair, just and equitable. NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: 1. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. 2. MUTUAL SEPARATION. Husband and Wife shall be free from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble nor interfere in any way with the other or with any person for associating with the other. 3. PERSONAL PROPERTY. The parties declare and agree that they have, prior to the execution of the Post-Nuptial Agreement (the "Agreement"), voluntarily agreed to divide and have divided and distributed between themselves all of the parties' personal property, furniture and furnishings which they acquired either before or during their marriage, whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and subject to equitable distribution. Each party agrees that each shall have and possess, free of all claim and interest of the other, all items of personal property, furniture and furnishings that have been distributed to each prior to the execution of this Agreement. 2 Each parry expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed in accordance with this Agreement by the other party and hereby declares and acknowledges that the voluntary division by them of all property, whether marital or not, is fair and equitable and that either party may sell, dispose of, encumber or transfer any property in his or her possession free of any claim or interest of the other. 4. MARITAL RESIDENCE AT 721 TRAIN LANE, ENOLA, PENNSYLVANIA. Husband and Wife acknowledge that they acquired during their marriage real property improved with a residential dwelling located at 721 Train Lane, Enola, Pennsylvania (the "marital residence"). The parties further acknowledge that the marital residence is subj ect to a mortgage given by the parties to Countrywide, identified by account number 82900302 (the "mortgage") and a second mortgage given to Members 1St Federal Credit Union, identified as account number 184761-07 (the "second mortgage") Husband agrees that he shall, within 120 days of the date of this Agreement, refinance the mortgage on the marital residence into his own name for purposes of releasing Wife from liability under the mortgage and accompanying note. The parties agree that in the event the mortgage is refinance by Husband, the existing second mortgage shall be subordinate to the mortgage Husband shall give as a result of the refinancing and that Wife as part of Husband's refinancing shall not be conveying her interest in the marital residence to Husband at the time of Husband's refinancing. Wife agrees that she shall be responsible for paying the second mortgage. Wife further agrees that upon paying the second mortgage off, or upon sale of the marital property by Husband, she shall execute and deliver to Husband a special warranty deed conveying all of her 3 right, title and interest in the marital residence to Husband; provided, however, that if Husband shall sell the marital residence at any time within eight (8) years of the date of this Agreement, the balance of the second mortgage, if any, shall be paid in full from the proceeds of the sale and Wife shall be paid and reimbursed from the proceeds of the sale all payments and expenses incurred by her in paying the second mortgage, regardless of when the second mortgage may have been paid off by Wife, with Husband retaining the remaining sale proceeds. In the event, however, Husband is unable to refinance the mortgage within 120 days of the date of this Agreement, or by any date established by an extension of time agreed to by the parties in writing, the marital residence shall be promptly listed for sale through a licensed real estate broker or agent and sold at such price as the parties shall mutually agree. Upon the closing of the sale of the marital property, the parties agree that the mortgage and second mortgage shall be paid in full. Wife shall then be reimbursed and paid from such sale proceeds in full all debt, costs, payments and expenses incurred by her in paying the second mortgage and then the net remaining sale proceeds shall be divided equally between the parties. Husband agrees that he shall pay and be solely responsible for paying the mortgage payments, the mortgage payments from refinancing the mortgage, all utilities, taxes, insurance and all other expenses associated with the ownership, use and maintenance of the marital residence, now or in the future, and Husband shall indemnify and hold Wife harmless of and from any such payments, costs and expenses, including any attorney's fees incurred by Wife due to Husband's failure to pay for the foregoing. Husband further agrees to maintain the marital residence and to keep it insured with hazard insurance in an amount of at least the marital residence's fair market value and to maintain liability insurance on the marital residence as long as Wife remains a legal owner of the marital residence. 4 Wife agrees that the second mortgage payment, now and in the future, shall be the sole responsibility of Wife and that Wife shall indemnify and hold Husband harmless of and from any such payments, costs and expenses, including any attorney's fees incurred by Husband due to Wife's failure to pay for the foregoing. 5. AUTOMOBILES, BOAT AND MOTORCYCLES. The parties acknowledge and agree that Husband is the sole title owner of a boat, 2001 GMC Ciera truck and a motorcycle, none of which are subject to any lien or financing. The parties agree Husband shall retain sole and exclusive ownership, possession and use of the truck and motorcycle. The parties acknowledge and agree that they are both title owners of a 2003 GMC Envoy that is subject to a lien in favor of Members 1st Federal Credit Union. The parties agree that Wife shall have sole and exclusive ownership, possession and use of the GMC Envoy and that she will be solely responsible to pay the loan obligation to Members 1st. Husband agrees, at Wife's request, to sign the title to the GMC Envoy over to Wife. Wife agrees that she will refinance the loan on the GMC Envoy and to remove Husband from any obligation under that loan. Husband agrees to sell the boat by June 30, 2008 and the net proceeds of such sale shall be divided equally between the parties. In the event Husband does not sell the boat by June 30, 2008, Husband agrees to pay Wife %2 of the fair market value of the boat by July 31, 2008. 6. BANK ACCOUNTS. The parties acknowledge that all bank accounts, except as noted directly below, whether or not jointly held by the parties during their marriage, have been divided by mutual agreement to their satisfaction. The parties agree to maintain one joint account for purposes of making deposits, as they shall agree, to provide funds for the benefit and support of their three children. The parties agree that the three custodial bank accounts for the 5 benefit of their children shall remain titled under Wife's name as custodian and shall be used and maintained for the needs of their children. 7. COLLINS PHOTOGRAPHY. The parties acknowledge that Wife is the sole proprietor and operator of a photography business known as Collins Photography. Husband by signing this Agreement hereby waives, releases and transfers to Wife any and all right, title and interest in and to that business that he has or may have as Wife's spouse. 8. RETIREMENT AND EMPLOYEE BENEFITS. The parties acknowledge that Husband has a pension plan benefit through his former or present employers, Cingular/AT&T Wireless and Wife maintains a 401(k) retirement account through her employer, Holy Spirit Hospital. The parties agree that each waives and releases any and all claims each may have against the pension or retirement account of the other. The parties further agree that Husband shall be solely liable for the penalties and tax consequences resulting from the withdrawal and termination of the 401(k) retirement account Husband had with AT&T Wireless. Husband agrees to continue to provide medical insurance coverage through his employer for benefit of Wife until the parties' divorce. Husband further agrees to continue to provide medical insurance coverage through his employer for the benefit of the parties' children now and after the parties' divorce. 9. INSURANCE. Husband is the owner of a life insurance policy. Wife waives and releases any and all right, title or interest she may have with respect to that policy or any benefits therefrom and agrees that Husband shall have sole discretion over who he names as beneficiary of that policy or whether that policy shall be maintained by him in the future. 10. CUSTODY. The parties agree that they shall have shared legal custody of their three children; namely, Spencer L. Collins, born May 19,1995; Madelynne L. Collins, born May 12, 6 1999 and Quintin A. Collins born November 20, 2001. The parties further agree that they shall have equal (50/50) shared physical custody of their three children. 11. MARITAL DEBTS AND FUTURE OBLIGATIONS. The parties acknowledge and agree that they have paid or individually assumed by their mutual agreement all joint credit card and similar debt between them prior to the execution of this Agreement. Wife specifically acknowledges that she shall be responsible for and pay the parties combined student loans in her name as well as the individual student loans in her name which are identified under account number 9828105973. The parties further acknowledge and agree that any and all debt and obligations incurred by either of them individually at any time prior to the date hereof and subsequent to the date of separation shall be the sole and separate liability and responsibility of the party incurring the debt or obligation and each parry agrees that he/she will not incur or attempt to incur any debt or obligations for or on behalf of the other party and will indemnify and hold harmless the other party of and from any and all claims, liability and attorney's fees arising from such future obligation and any other debts and obligations incurred prior to the parties' separation or divorce for which such party is obligated under the terms of this Post-Nuptial Agreement. 12. COUNSEL FEES. Each party to this Post-Nuptial Agreement shall be responsible for paying his or her own counsel fees and related costs associated with the initiation and processing of the Divorce Action and the negotiation, execution and consummation of the provisions of this Post-Nuptial Agreement. 13. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE. Each party waives and forever releases the other party of and from any and all claims which either may have against the other for spousal support and for claims which either may 7 have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, cost and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 14. DIVORCE. The parties agree that Wife shall file a divorce complaint requesting a no-fault divorce at her expense, in the Court of Common Pleas of Cumberland County (the "Divorce Action"). The parties agree to terminate their marriage by mutual consent and each agrees to execute and deliver immediately after 90 days of the service of the Divorce Complaint, the necessary affidavits, waivers and consents in the Divorce Action. 15. TAX IMPLICATIONS AND MATTERS. The parties agree that they shall file joint income tax returns for 2007 and divide and share equally any tax refund or tax liability for the 2007 tax returns. Husband for 2008 and thereafter shall solely use and benefit from the mortgage interest as a deduction on his returns, with Wife to receive the benefit, if any, of the interest deduction for the second mortgage for 2008. The parties agree that in the event it is determined that there is any future tax liability of the parties, which liability relates to any year the parties were married and filed jointly, then in such event, the parties will contribute to the payment of such liability in proportion to their respective incomes for the year to which such liability pertains. The parties hereto agree to retain all tax returns pertaining to the years of their marriage for a period of five (5) years after the date of this Agreement. The parties agree that commencing in 2008 and each year thereafter, that only Wife shall utilize their three children for dependent deductions for income tax purposes. 16. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the 8 estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself; his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this Agreement. 17. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post- Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. 18. COOPERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post- Nuptial Agreement. 19. BREACH; INDEMNIFICATION. If either party hereto breaches any provision hereof, then the nonbreaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be responsible for payment of all reasonable legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. Each party agrees and 9 covenants to indemnify and hold harmless the other party from any and all liability and/or claims and/or damages and/or expenses (including attorneys' fees and expenses of litigation) that the indemnitee may sustain or may become liable or answerable in any way whatsoever, or shall pay upon, or in the consequence of, the indemnitor's breach of any obligation, term or covenant of indemnitor under this Agreement, including, but not limited to, indemnitor's obligation to make any payment provided for herein. 20. VOLUNTARY EXECUTION. The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect explained to them by independent counsel of their choosing and each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them. 21. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to the Pennsylvania Divorce Code or any amendments 10 thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 22. WAIVER/MODIFICATION. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. This Agreement can only be modified in writing executed by both parties hereto. 23. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 24. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been used only for the purpose of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement. 25. EFFECTIVE DATE. This Agreement shall be dated and become effective on the date when executed by the latter of the two parties. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals intending to legally bind themselves and their respective heirs, personal representatives and assigns. WITNESSED BY: (SEAL) X i ie L. o in Me: k"'--4?Alj?kw(SEAL) Mark A. Collins Date: 2 %Z g-- p e I1 o ? v N JAMIE L. COLLINS, IN THE COURT OF COMMON PLEAS. OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-868 CIVIL TERM MARK A COLLINS, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD {TO: Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry lof a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce (Code. 2. Date and manner of service of Complaint: February 8, 2008 on Defendant by certified Imail, restricted delivery (see Acceptance of Service filed February 14, 2008). 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: May 13, 2008; by the Defendant: May 13, 2008. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: May 13, 2008; by the Defendant: May 13, 2008. 5. Related pending claims: None. SNELBAKER & BRENNEMAN, P. C. 1? Date: May 16, 2008 By: Attorneys for Plaintiff LAW OFFICES SNELBAKER & BRENNEMAN, P.C. n: ` s CP J Y , JAMIE L. COLLINS, Plaintiff V. MARK A. COLLINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-868 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of-the Divorce Code was filed on February 6, 2008. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to I request entry of the decree. 4. 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: killi" Nark A. Collins LAW OFFICES SNELBAKER & BRENNEMAN, P.C. eQ , st JAMIE L. COLLINS, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA MARK A. COLLINS, Defendant NO. 08-868 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)'OF THE DIVORCE CODE 1. 1 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. 4. 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: ?-' ( 3 „ O V Mar A. Collins LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CF> s ON I JAMIE L. COLLINS, Plaintiff V. MARK A. COLLINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-868 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 6, 2008. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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: May 13, 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. e-a ra p - t v ..ac. `?? ?_ , ...- ?? ??, •:? -?-? _rt.. r? ;_ -? .? ? ? ?,._ µ . %` L JAMIE L. COLLINS, Plaintiff V. MARK A. COLLINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-868 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S 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 of divorce without notice. 2. i understand that i may lose rights concerning alimony, division of property, iawyer'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. 4. 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 I unsworn falsification to authorities. Date: ? J May 13, 2008 kjelA J ie L. Collins LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ° ? t7 k x rn 23 F :Ti ??{ IN THE COURT OF COMMON PLEAS JAMIE L. COLLINS. Plaintiff VERSUS MARK A. COLLINS DECREE IN DIVORCE OF CUMBERLAND COUNTY STATE OF PENNA. N O. 2008-868 CIVIL Defendant AND NOW, Z- aj, IT IS ORDERED AND DECREED THAT JAMIE L. COLLINS , PLAINTIFF, AND MARK A. COLLINS ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, 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; None. The parties' Post-Nuptial Agreement dated February 29, 2008 is incorporated but not merged into this Decree. A FV THE COLJPT- ??'