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HomeMy WebLinkAbout08-2171Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108.1268 (717) 234-4161; (717) 234-6808 (facsimile) Counsel for Plaintiff LARRY E. BRAXTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. D$- 011'l Civil Term JOANNE T. BRAXTON, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE TO DEFEND 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 with twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may also be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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 Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-6808 (facsimile) Counsel for Plaint iJJ LARRY E. BRAXTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. of- 2/71 Civil Term JOANNE T. BRAXTON, CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF COUNSELING LARRY E. BRAXTON, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require my spouse and I to 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 that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ®3 ' "d X LARRY E. RAXTON B Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-6808 (facsimile) Counsel for Plaintiff LARRY E. BRAXTON, Plaintiff V. JOANNE T. BRAXTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. F -1 /7 r Civil Term CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff, LARRY E. BRAXTON, is an adult individual, who currently resides at 3602 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, JOANNE T. BRAXTON, is an adult individual, who currently resides at 3602 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff avers that he has been a bona fide resident in the Commonwealth of Pennsylvania for a period of at least six (6) months previous to the filing of this Complaint. 4. The parties were married on September 26, 1996, in Harrisburg, Pennsylvania. 5. There have been no prior actions of divorce or annulment filed by either of the parties hereto. 6. Plaintiff has been advised of the availability of counseling and that Plaintiff has the right to request that the Court require the parties to participate in counseling. 7. Plaintiff requests the court to enter a decree of divorce. COUNTI The averments of paragraphs 1 through 7 herein are hereby incorporated by reference thereto. 9. The marriage is irretrievably broken. COUNT II 10. The averments of paragraphs 1 through 9 herein are hereby incorporated by reference thereto. 11. Plaintiff and Defendant have acquired property, during their marriage until the date of their separation, which property is marital. 12. Plaintiff requests this Court to preserve his right to have all marital property of the parties equitably distributed. WHEREFORE, Plaintiff prays Your Honorable Court to: a) Enter a Decree in Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between Plaintiff and Defendant; and b) Order equitable distribution of marital property; and c) Order such other relief as the Court deems just and reasonable. GOLDBERG KATZMAN, P.C. Date: g7da Paul J. Es*ito Attorney I.D. #25454 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161, (717) 234-6808 (facsimile) Attorney for Plaintiff 2 VERIFICATION I verify that the statements contained in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: V (? (g A A J i A,# I ?A LARRY E. RAXTON o ?' o U C-A lira no 15i !?A tmb -v C.J Q OD Paul J. Esposito I.D. #25454 Goldberg Katzman, P.C. 320 Market Street, Strawberry Square Post Office Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 Attornevs for Plaintiff _ LARRY E. BRAXTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2171 Civil Term. JOANNE T. BRAXTON, : CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. Personally appeared before me, a Notary Public, in and for said Commonwealth and County, PAUL J. ESPOSITO, ESQUIRE, who being duly sworn according to law deposes and says that on April 9, 2008, he sent a copy of Complaint in Divorce by certified mail, restricted delivery to Joanne T. Braxton, at 3602 Kent Drive, Mechanicsburg, Pennsylvania 17050, and the return receipt card accepted by Joanne T. Braxton, shown as being delivered on April 10, 2008, is attached hereto and made a part hereof. O, ESQUIRE PAUL J. EPOS Sworn t9,and subscri ed before me this ? day of , 2008. Sally A4Mars, tary Public My Commission Expires: 9/17/2010 COMMONWEALTH OF PENNSYLVANIA ODMAIPCDOCSIDOCSW9382 Notarial Seal Sally A. Marsh, Notary Public City Of Harrisburg, Dauphin County My Commission Expires Sept, 17, 2010 Member, Pennsuh-,, - hr7,,,f2s-,, r Notaries 11 Ln (Domestic Mail Only; No Ins urance Co verage Provided) CO ..0 For delivery information visit ou r website at vvww.usps.comG rt1 ul Posta e $ 9 7 9-oy -0 g - Lrl Certified Fee O 1- 3 Return Receipt Fee I Postmark Here - C3 (Endorsement Required) L Restricted Delivery Fee O (Endorsement Required) Total Postage & Fees I s o (.v q _ -D f _ Joanne T. Braxton r, 3602 Kent Drive i Mechanicsburg, PA 17050 PS Form :3800. August ... See Reverse for Instructions ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ' ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Joanne T. Braxton 3602 Kent Drive Mechanicsburg, PA 17050 A. Signature APPF= Addressee C. Date of Delivery D. Is W Idress i t fro m Item 1? 13 Yes W W)" ,enter delivery aJpw: ? No 3. Servicb-T S P 5 '- Certified Mail ? Express Mail ? Registered O(Retum Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7006 2760 0005 6542 6859 (transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 .' .. '-1 e ?? MARIA P. COGNETTI & ASSOCIATES MARGARET M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant LARRY E. BRAXTON : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2171 CIVIL TERM JOANNE T. BRAXTON Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel for Defendant, Joanne T. Braxton, in the above- captioned action. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: 4-)-9-08 By: M . MARG T M. SIMOI-, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant E { Paul J. Esposito, Esquire I.D. 025454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-6808 (facsimile) Counsel for Plaintiff LARRY E. BRAXTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2171 Civil Term JOANNE T. BRAXTON, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on April 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. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and I understand that I may request that the Court require that my spouse and I participate in counseling. I understand that the Court maintains a list of marriage counselors, which list is available to me upon request. Being so advised, I do not request that the Court require my spouse and I to participate in counseling prior to a divorce being handed down by the Court. 5. I acknowledge that I received a copy of the Complaint in Divorce on or about April 10, 2008, via certified mail, return receipt, signed for by me. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: )ANNE T. BRAXTON cm "t7 ?°p f C ? wJr rn Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-6808 (facsimile) LARRY E. BRAXTON, Plaintiff V. JOANNE T. BRAXTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2171 Civil Term CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A 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 herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: )IINNEI.IRAAXTON f7 F7 `. C nii -O M tit 6= Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-6808 (facsimile) LARRY E. BRAXTON, Plaintiff V. JOANNE T. BRAXTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2171 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on April 4, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken anr_l ninety nays have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Ali LA Y BRAXTON i"? ` °r3 r. xa 1 ?1 ice! ? Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, RC 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-6808 (facsimile) LARRY E. BRAXTON, Plaintiff V. JOANNE T. BRAXTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2171 Civil Term CIVIL ACTION - LAW FN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A 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 herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: LARRY BRAXTO ~0s a -r - f 5y;, Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161;(717)234-4161 (facsimile) Counsel for Plaintiff LARRY E. BRAXTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JOANNE T. BRAXTON, Defendant : NO. 08-2171 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA Kindly withdraw the claim for Equitable Distribution, contained in Complaint in Divorce, filed in behalf of Plaintiff in the above-captioned action on April 4, 2008. Respectfully submitted, GOLDBERG KATZMAN, P.C. Date: , 3 , 2008 id)1<44'ei Paul J. o Supreme Court I.D. #25454 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff CERTIFICATE OF SERVICE On this day of , 2008, I certify that a copy of the foregoing was served upon the following counsel of record by delivering same in the in the manner indicated, addressed as follows: VIA FIRST CLASS MAIL Margaret M. Simok, Esquire Maria P. Cognetti, & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 GOLDBERG KATZMAN, P.C. GZ?Q r Paul J. Es sit Supreme ourt ID #25454 Attorneys for Plaintiff ? :1 '"?7 C7:."' n? .: , ? " T3 --- {'s ? ? "c? , r?i j? ? ? ? ;? N MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this 9,qk day of , 2008, by and between LARRY E. BRAXTON, (hereinafter referred to as "Husband") and JOANNE T. BRAXTON, (hereinafter referred to as "Wife") WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on September 28, 1996, in Harrisburg, Dauphin County, Pennsylvania; and WHEREAS, no children have been born to the marriage; and WHEREAS, certain differences, disputes and difficulties have arisen between the parties as a result of which they intend to live separate and apart for the rest of their natural lives, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification, the settling of all claims between them relating to the ownership and equitable distribution of their real and personal property; the settling of all matters between them relating to the past, present and future support, alimony, alimony pendente lite and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound and to legally bind their heirs, successors and assigns hereby covenant, promise and agree as follows: 1. SEPARATION Husband and Wife shall at all times have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other, subject to the further provisions of this Agreement. 2. HUSBAND'S DEBTS Husband represents and warrants to Wife that he has not and, in the future, will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 3. WIFE'S DEBTS Wife represents and warrants to Husband that she has not and, in the future, will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. OUTSTANDING JOINT DEBTS Husband and Wife acknowledge and agree that they have no outstanding debts and obligations which were jointly incurred by them during their marriage with the exception of those which are set forth in this Agreement. The parties acknowledge that 2 Husband has used the Sunoco credit card issued in Wife's name. The parties further acknowledge that the account has been closed with an outstanding balance of $295.77. If he has not already done so, Husband shall immediately pay the $295.77 to Wife. 5. LIABILITY NOT LISTED Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than described in this Agreement, for which the other party is or may be liable. Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred, or may hereinafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 6. DISPOSITION OF REAL ESTATE a. 3602 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania - The parties acknowledge that, prior to their marriage, Husband acquired ownership of the real estate located at 3602 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania, which has been their residence throughout the course of their marriage. Wife hereby waives and relinquishes any and all right, title, claim or interest, if any she has, to the said real estate, including any increase in value thereof during the course of the parties' marriage. Wife shall sign a Quitclaim Deed to this property when presented to her by Husband or his attorney. Except as otherwise provided in this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributed to said real estate, whenever same were incurred, including but not limited to, the Wells Fargo mortgage, the loan incurred for the installation of the heating system, any and all taxes, assessments, insurance premiums, utilities, maintenance and repairs. Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in said property. Wife shall permanently vacate the marital residence and remove all of her personal property as described in paragraph 7 of this Agreement, not later than July 29, 2008. Wife shall be liable for and pay in a timely manner the automobile and homeowners insurance premiums and all utilities including electric, cable TV, telephone, water, sewer and trash until she has vacated and removed her personal property from the marital residence. Notwithstanding any other provision of this Agreement, Wife shall be solely responsible for and pay the 2008-2009 real estate taxes (school tax), in a timely manner but in no event later than December 31, 2008. b. Middlesex County, Virginia - The parties acknowledge that Husband acquired a %z interest in approximately ten (10) acres of 4 land in Middlesex County, Virginia prior to their marriage. The parties further acknowledge that during their marriage Wife acquired a'/4 interest and Husband's interest was reduced to a'/4 share of said real estate. Wife hereby waives and relinquishes any and all right, title, claim or interest, if any she has, to any portion of said real estate, including any increase in value thereof during the course of the parties' marriage. Wife shall sign an appropriate deed effectuating the aforesaid waiver and relinquishment when presented to her by her Husband or his attorney. C. 217 Coakley Street, Fredericksburg, Virginia - The parties acknowledge that during the course of their marriage Husband acquired an interest in the real estate located at 217 Coakley Street, Fredericksburg, Virginia. The parties further acknowledge that Husband has relinquished said ownership interest. Wife hereby waives and relinquishes any and all right, title, claim or interest, if any she has or ever had, to the said real estate, including any increase in value thereof during the course of the parties' marriage. d. Timeshare - The parties acknowledge that they are joint owners of a timeshare in Williamsburg, Virginia, acquired from Wyndham Vacation Resorts, Inc., formerly Fairfield Resorts, Inc. Wife hereby agrees to execute any and all documents necessary to convey to Husband all of her right, title and interest in and to said timeshare. Husband hereby assumes all liabilities and obligations 5 in connection with the upkeep and maintenance of the timeshare, including but not limited to, the loan incurred for the purchase of the timeshare and those expenses related to the transfer of ownership. 7. DIVISION OF PERSONAL PROPERTY The parties acknowledge that they are the owners of certain items of personal property which they have accumulated during the course of their marriage. The parties agree to divide their personal property as set forth below. The items that the parties have agreed will be solely and separately owned by Wife, shall be removed from the marital residence immediately upon execution of this Agreement, but not later than July 29, 2008. Any and all items of personal property at the marital residence not specifically addressed herein shall be the sole and separate property of Husband. a. Dining Room - Wife shall be entitled to sole ownership of the picture of a woman on the wall and the dining room furniture, with the exception of Husband's aunt's fancy silver chest and old Victrola, which shall be his sole and separate property. b. Living Room - Husband shall be entitled to all of the items of personal property in the living room with the exception of the stereo, coffee table, two (2) end tables, wall picture of a woman, and picture from Bermuda, which shall be Wife's sole and separate property. C. Kitchen - The utensils, glasses, cookware and other miscellaneous items shall be divided equally between the parties. Wife shall be the sole owner of both mixers, Oster toaster, Amish potato bin and 6 stainless steel canister set. Husband shall be the sole owner of the microwave and the remainder of the items in the kitchen, including all major appliances. d. Office - Wife shall be entitled to the entire camera ensemble and shredder. Husband shall be entitled to the remainder of the items in the office, including but not limited to, both computers, printer and fax machine. e. Middle Bedroom - Wife shall be entitled to all of the furniture and accoutrements in the middle bedroom with the exception of the waterbed and frame, which shall be Husband's sole and separate property. f. Master Bedroom - Husband shall be entitled to all of the items in the master bedroom with the exception of the large jewelry armoire and contents, which shall be Wife's sole and separate property. g. Spare Bedroom - Husband shall be entitled to all of the items in the spare bedroom with the exception of the television, bed and frame and pictures on the wall which shall be Wife's sole and separate property. h. Outside Furniture/Picnic Equipment - The picnic items on the shelves in the garage shall be divided between the parties. Wife shall be entitled to one (1) beverage cooler, specifically, the stainless steel beverage cooler with wheels, the white five (5) foot folding table and the old refrigerator in the garage. Husband shall 7 be the sole owner of the remainder of the outside furniture and picnic equipment, including but not limited to the patio furniture, grilling equipment, tables, swing and bird bath. Basement/Attic - Wife shall be entitled to the multi-colored sofa and loveseat, folding chairs and card table and miscellaneous Christmas tree ornaments she received as gifts. Husband shall be entitled to the remainder of the items in the basement and attic, including but not limited to the Christmas tree, ornaments and lights. The board games shall be divided as the parties agree. 8. MOTOR VEHICLES Husband shall retain as his sole and separate property the 2006 Cadillac Escalade which is presently titled in his name only. Husband shall be solely responsible for payment of any outstanding indebtedness pertaining to said vehicle, insurance, registration, inspections, repairs and maintenance and shall indemnify and hold Wife harmless from any and all liability, costs or expenses, including actual attorney's fees, incurred in connection with said vehicle. Wife shall retain as her sole and separate property the 1998 Lincoln Continental which is presently titled in the names of both parties. Husband shall sign the certificate of title conveying all of his right, title and interest in and to said vehicle to Wife prior to the issuance of a final decree in divorce but in no event later than thirty (30) days from the date of execution of this Agreement. Wife shall be solely responsible for payment of any outstanding indebtedness pertaining to said vehicle, insurance, registration, inspections, repairs and maintenance and shall indemnify and hold Husband harmless from any and all liability, costs or expenses, including actual attorney's fees, incurred in connection with said vehicle. 9. FINANCIAL ACCOUNTS The parties hereby agree that any individual bank or credit union checking, savings, money market or similar accounts owned by either party individually shall be the sole and separate property of the party in whose name the account is currently titled, and the parties waive and relinquish any right, title, claim or interest either may have in and to the account or accounts of the other. More specifically, Wife shall retain as her sole and separate property her accounts at M&T Bank and PSECU, and Husband shall retain as his sole and separate property his checking account at Sovereign Bank. The parties shall promptly execute any and all documents to effectuate the transfer of ownership of the aforementioned accounts consistent with this paragraph. 10. INVESTMENT ACCOUNTS Wife shall retain as her sole and separate property all of her investment accounts, including but not limited to, her portfolio with PSECU, and Husband shall retain any investment accounts he may have. 11. LIFE INSURANCE The parties hereby agree that each shall retain as his/her sole and separate property any and all life insurance policies in his/her name, respectively, including any cash surrender values associated with same, free of any right, title and interest of the other party. The parties may designate whomever they choose as beneficiaries of any policies of life insurance of which he or she is owner or insured and may make any other disposition of said policies as he or she may choose. 9 12. RETIREMENT BENEFITS The parties hereby acknowledge that they each have retirement benefits which are in pay-status as a result of their employment with the Commonwealth of Pennsylvania, both prior to and during their marriage. Accordingly, the parties acknowledge that their respective retirement benefits are partially marital and non-marital, the former portion of which would be subject to equitable distribution. With that knowledge, the parties hereby release and relinquish any and all right, title, claim or interest either may have in and to the retirement benefits of the other. Said release and relinquishment shall include, but not be limited to, a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties hereby agree to execute any documents that may be required to accomplish the purposes of this paragraph. The parties further acknowledge that they are aware of their respective rights to obtain an independent valuation of the assets described in this paragraph. However, in consideration of the transfers set forth in this Agreement, the parties hereby waive their respective right to have said benefits valued by an actuary or other professional. 13. FEDERAL GOVERNMENT ECONOMIC STIMULUS CHECK The parties hereby acknowledge that they have equally divided the proceeds from their Federal Government Economic Stimulus check. Neither party shall make any claim for any additional portion of said check. 14. TAX RETURNS The parties acknowledge that they have heretofore filed certain joint income tax returns. The parties hereby agree that in the future, if any penalties or interest or any liability for failure to declare income or as a result of disallowance of a claimed 10 deduction shall be assessed by the United States Internal Revenue Service, Commonwealth of Pennsylvania or any other taxing authority, said penalties or interest shall be paid by and solely attributable to and be the responsibility of the party failing to declare said income or claiming said deduction. In addition, the responsible party shall indemnify, defend and hold the other party harmless against all taxes, penalties and interest payments, as well as attorney and accountant fees incurred as a result of the failure to declare income or disallowance of the claimed deduction. 15. AFTER-ACQUIRED PROPERTY The parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, real, personal or mixed, tangible or intangible, which have been acquired by him or her since the filing of the Complaint in Divorce on April 4, 2008, or which may be acquired in the future, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 16. DISCLOSURE OF ASSETS AND WAIVER OF PROCEDURAL RIGHTS 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, as amended, or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law, and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or 11 evaluated by the Courts of this Commonwealth. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns with respect to this divorce, alleging that there was a denial of any rights to full disclosure, or that there was any duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. The parties acknowledge that a breach of this Agreement does, however, remain actionable. 17. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Paul J. Esposito, Esquire; and Wife by her counsel, Margaret M. Simok, Esquire. 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. 12 18. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE, AND SPOUSAL SUPPORT Unless otherwise specifically provided in this Agreement, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may now or hereafter have to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as Husband and Wife. The parties further release and waive any rights they may have to seek modification of the terms of this Paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either parties' obligation to contribute to the support and maintenance of the other. 19. COUNSEL FEES, COSTS AND EXPENSES Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of the marriage and the preparation and execution of this Agreement. 20. WAIVER OF INHERITANCE RIGHTS Unless otherwise specifically provided in this Agreement, as of the date of execution of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the Will or any Trust of the other or in which the other has an interest and each of the parties hereby waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania or any other jurisdiction. 13 21. WAIVER OF BENEFICIARY DESIGNATION As of the date of execution of this Agreement, unless otherwise specifically set forth herein, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Notwithstanding any continuing marital status between the parties, each shall sign whatever documents are necessary to enable the other to designate new beneficiaries for retirement plans, insurance policies and similar assets in order to conform with law. 22. RELEASE OF CLAIMS. a. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces 14 and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. b. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, 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 any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. 15 C. Except as set forth in or as to any breach of this Agreement, each party hereby absolutely and unconditionally 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 marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as 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. d. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, 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. 16 e. Husband and Wife acknowledge that Husband has instituted a no fault action in divorce against Wife docketed to No. 08-1271 in the Court of Common Pleas of Cumberland County, Pennsylvania. The parties shall, promptly and without delay, proceed with the divorce action, and shall, contemporaneously with the execution of this Agreement, execute all documents necessary to conclude the divorce as expeditiously as possible. 23. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to the parties, but they shall not be merged into such decree. The Court of Common Pleas which may enter such decree shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the sole purpose of enforcement of any of the provisions thereof. In addition, the parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and shall retain any remedies in law or in equity to enforce any term of this Agreement, which shall retain its character as an independent contract. Such remedies in law or equity are specifically not waived or released. 24. MODIFICATION No modification, rescission or amendment to this Agreement shall be effective unless in writing and signed by each of the parties hereto. 25. WAIVER OF BREACH The waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any other breach of any provision of this Agreement. 17 26. APPLICABLE LAW All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 27. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 28. AGREEMENT BINDING ON PARTIES AND HEIRS This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns and successors. 29. HEADINGS NOT PART OF AGREEMENT Any 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. 30. ENTIRE AGREEMENT Each party acknowledges that he or she has carefully read this Agreement; that he or she has had ample opportunity to discuss its provisions with an attorney of his or her own choice, and has executed it freely and voluntarily. The parties further acknowledge and confirm that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements; 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 18 Agreement shall be interpreted fairly and simply, and not strictly for or against either of the parties. 31. MUTUAL COOPERATION Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 32. BREACH If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The 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. 33. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they did so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 34. EFFECTIVE DATE This Agreement shall become effective and binding upon both parties on the execution date. 19 35. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. LARRY E BRAXTON ANNE T. BRAXTON 20 WITNESS: STATE OF PENNSYLVANIA ss: COUNTY OF , On this, the a day of , 2008, before me, the undersigned officer, personally appeared LARRY E. BRAXTON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set in hand and official seal. Notary Public STATE OF PENNSYLVANIA ss: COUNTY OF L ?E,e?A On this, the oPS day of C--1/v c , 2008, before me, the undersigned officer, personally appeared JOANNE T. BRAXTON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL GAIL P. STRICKLER, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Jan. 30, 2012 ? ? CJ t, l O t Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-6808 (facsimile) Counsel for Plaintiff LARRY E. BRAXTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JOANNE T. BRAXTON, Defendant NO. 08-2171 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: decree: Transmit the record, together with the following information, to the Court for entry of a divorce Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: April 10, 2008, via certified mail, return receipt, signed for by Defendant. 3. (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff on October 16, 2008 ; by Defendant on July 25, 2008 (b)(1) Date of execution of the Affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff s Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: October 23, 2008 Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: August 15,2008 p ' -?-, r-. , ?- :?3 .. .?" ? c:J r ' , r "'C1 -'.'? T ? ,` ? .....3 -G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. LARRY E. BRAXTON, Plaintiff VERSUS JOANNE T. BRAXTON Defendant No. 08-2171 Civil DECREE IN DIVORCE AND NOW, Z- IT IS ORDERED AND DECREED THAT LARRY E. BRAXTON , PLAINTIFF, AND JOANNE T. BRAXTON 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; L /Ow-z- AND IT IS FURTHER ORDERED AND DECREED, that the terms, provisions and conditions of a certain Marriage Settlement Agreement between the parties dated July 25, 2008, are hereby incorporated in this Decree by reference as fully as though the same were set forth herein at len.=h.4 Said Agreement shall not merge with, but shall survive thi - . ? BY THE CO-W1 ARY MARIA P. COGNETTI & ASSOCIATES MARGARET M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant LARRY E. BRAXTON : IN THE COURT OF COMMON PLEAS OF Plaintiff V. JOANNE T. BRAXTON Defendant CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-2171 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE OF ELECTION TO RESUME MAIDEN NAME Notice is hereby given that a Divorce Decree was granted on the 12th day of November, 2008. Joanne T. Braxton hereby elects to resume her prior name of Joanne Tilman and gives this written notice of her intention in accordance with the provisions of 54 Pa.C.S. Section 704. ?' . Brax1 .ton . oanne T l to be known as COMMONWEALTH OF PENNSYLVANIA COUNTY OF ?t JNIZ, I o?an n e Tilman )ss: On this, the day of Melt -d) , 2009, before me, a Notary Public, personally appeared Joanne T. Braxton, t/b/k/a Joanne Tilman, known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand nd official seal. otary Public COMMONWEALTH OF PENNSYLVANIA Noi:;ra; Sea! Karen A. Sheriff, Notary Public Palmyra 80, 0. Lebanon County My Commirislon Expires May 16, 2010 Member, Pennsylvania Association of Notaries {?F THE T-!WTARY 2009 APR -3 Phi l : 43 CU?: .; E iii 1vUNTI` *?t.o8EN VA 'y c-+r 409 R14 d,,?39-05