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HomeMy WebLinkAbout08-4726C David F. Tamanini, Esquire Attorney I.D. No. 27775 TAMANINI LAW OFFICE Telephone (717) 541-1805 4800 LINGLESTOWN ROAD, SUITE 309 dft@TamaniniLaw.com HARRISBURG, PENNSYLVANIA 17112-9507 Attorney for Plaintiff Elizabeth J. Brunner ELIZABETH J. BRUNNER, Plaintiff VS. CHRISTOPHER P. BRUNNER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 62- q#7&(o CIVIL TERM : CIVIL ACTION - LAW : DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone Number: (717) 249-3166 or 800-990-9108 ELIZABETH J. BRUNNER, Plaintiff VS. CHRISTOPHER P. BRUNNER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. (fit , y-7z 4 CIVIL TERM CIVIL ACTION - LAW DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW comes the Plaintiff, ELIZABETH J. BRUNNER, by and through her attorney, David F. Tamanini, Esquire, and files this Complaint in Divorce and in support thereof avers the following: 1. The Plaintiff is ELIZABETH J. BRUNNER, who currently resides at 8 Richland Lane, Apartment T2, Camp Hill, Cumberland County, Pennsylvania 17011, since on or about August 1, 2008. 2. The Defendant is CHRISTOPHER P. BRUNNER, who currently resides at 4121 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, since on or about June, 2001. 3. Both the Plaintiff and the Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 14, 1993, at Harrisburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties during the current marriage. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and that Plaintiff may have the right to request that the court require the parties to participate in such counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Honorable Court to grant the relief requested under Section 3301(c) or 3301(d) of the Divorce Code. Respectfully Submitted, David F. Ta rnni, Esquire Attorney ID No. 27775 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 (717) 541-1805 Attorney for Plaintiff 2 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: C? 1-1 Eliza th J. Brun er 9u 06 C) r D 0 David F. Tamanini, Esquire Attorney I.D. No. 27775 TAMANINI LAw OFFICE Telephone (717) 541-1805 4800 LINGLESTOWN ROAD, SUITE 309 dft@TamaniniLaw.com HARRISBURG, PENNSYLVANIA 17112-9507 Attorney for Plaintiff, Elizabeth J. Brunner ELIZABETH J. BRUNNER, Plaintiff VS. CHRISTOPHER P. BRUNNER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-4726 CIVIL TERM : CIVIL ACTION - LAW : DIVORCE CERTIFICATE OF SERVICE I, Marie K. Zeigler, Assistant to David F. Tamanini, attorney for the Plaintiff in the above-captioned matter, hereby certify that a certified copy of the NOTICE TO DEFEND AND CLAIM RIGHTS and the COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE were served upon the Defendant, Christopher P. Brunner, at the address indicated below by depositing the same in the United States mail, Certified Mail Receipt No 7004 2510 0007 6524 9486, Restricted Delivery, Return Receipt Requested, on the 8th day of August, 2008. As indicated by the green return receipt card attached hereto, the above-referenced documents were received by said Defendant on August 13, 2008. Christopher P. Brunner 4121 Nantucket Drive Mechanicsburg, PA 17050 Dated: Q Marie K. Zeigler, A.706taRpro / David F. Tamanini, Esquire TAMANINI LAW OFFICE 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112-9507 717-541-1805 CERTIFIED I"JAIL . RE(-LIP i .9 (Domestic Mail Only; No Insurance Coverage Providec N - - tn P°°ta6e $ o' qt o Cerftd Fee 7 r o Postmark AUG (Endoraemern =lred Gf!L''?? C3 ? Reetrkxed Detlvery Fee (Endoreetrrent Required) Total Post"o • Foos ry h Chr?sto ?er P 13 r&Atie?' ... _... .-- - ?po?f'..412l-- Q- t"k2-tQriVe- " as i bur , PA 1706-0 ---- ¦ Complete items 1, Z and 3. Also 0ort0sW Item 4 M Restricted Delivery Is desired. ¦ Print your name and address on the reverse I so that we can return the gird to ym - ¦ Attach this card to the back of the mal"lce, of an the front if space permits. 1. Article Addressed to: G?rls? e P, Sri- we.r 121 N-tucket ,fir t v e- /I?ec?a NjcSbG!:f , IA PA 17, 05-0 a.°sl ? ro X Agent S. Pajermd'by D. Is d*iwy H YES,. ? No 1 z ?tiN 3 ,llq CertlNsd iw l areas Mail ? Registered --M Rohn %oelpt for MactwIdiae z ? framed Mail D C.O.D. 4. Restrfdsd DWM yl (Exha Feq? XY" 2. Arftle,M Abw 7004 2510 0007 6524 9486 Ommorft 40%ts "0 P6 Form 3811, February 2W Danssris i1Mmn Rsoe" ,tlosw osr two c? -rr 4,:? i_ ?? ? ? 7 t ?.. ) :.. ELIZABETH J. BRUNNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 084726 CIVIL TERM CHRISTOPHER P. BRUNNER, : CIVIL ACTION- IN DIVORCE Defendant PRAECIPE TO ENTER APPEARANCE TO: PROTHONOTARY: Please enter my appearance as counsel on behalf of the above-named Defendant. % V-11 DATE: z z)) Wendy J. F. Gre a, 3618 N. 6" Str t P.O. Box 5292 Harrisburg, PA 1 10 Phone: (717) 234-6001 Fax: (717) 234-6050 &09-, C? r"f. r r C David F. Tamanini, Esquire Attorney I.D. No. 27775 TAMANINI LAW OFFICE Telephone (717) 541-1805 4800 LINGLESTOWN ROAD, SUITE 309 dft@TamaniniLaw.com HARRISBURG PENNSYLVANIA 17112-9507 Attorney for Plaintiff, Elizabeth J. Brunner ELIZABETH J. BRUNNER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-4726 CIVIL TERM CHRISTOPHER P. BRUNNER, : CIVIL ACTION - LAW Defendant : DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on August 6, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: q - Iy- C) L6? a, - 143r? ELIZA ETH J. BRU ER Plaintiff FILLSD--0 F "'F OF THE R' ?d,TRY 7009 SEP 15 Pi", 2: 18 CUB ::: : Is [I y David F. Tamanini, Esquire Attorney I.D. No. 27775 TAMANINI LAW OFFICE Telephone (717) 541-1805 4800 LINGLESTOWN ROAD, SUITE 309 dft@TamaniniLaw.com HARRISBURG, PENNSYLVANIA 17112-9507 Attorney for Plaintiff, Elizabeth J. Brunner ELIZABETH J. BRUNNER, Plaintiff VS. CHRISTOPHER P. BRUNNER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4726 CIVIL TERM CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 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 waiver 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. n ? Dated: bo? ELIZA ETH J. BR NER Plaintiff FILED--C'4 ICE OF THE 20119 SE 15 PM 2: 18 c?? 5 ?-;UNT Y t? ELIZABETH J. BRUNNER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-4726 CIVIL TERM CHRISTOPHER P. BRUNNER, CIVIL ACTION - LAW Defendant DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on August 6, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: 9-W _© 9 C RIST PHE P. BRUNNER Defendant RLED, ii-1 "(DE it OF ?I 4.FRI7, 'I"NOTARV 2009 SEP 15 N' 2: 18 P?t',liv ? ?'1.1?`'•?'?iA C ELIZABETH J. BRUNNER, Plaintiff vs. CHRISTOPHER P. BRUNNER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4726 CIVIL TERM CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 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 waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: q-jo -e 4J-,? -P CHRISTOPHER P. BRUNNER Defendant FILE;-01!- i=ii.;; OF TH" F4,. i' 'fi,^ar?RY 2099 SEP 15 Pil 2. 18 61f cj72 LP MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this - day of M C , 2009, by and between ELIZABETH J. BRUNNER, of Cumberland County, Pennsylvania (hereinafter referred to as "Wife"), and CHRISTOPHER P. BRUNNER, of Cumberland County, Pennsylvania (hereinafter referred to as "Husband"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on August 14, 1993, and WHEREAS, one child, Matthew J. Brunner, d.o.b. January 5, 1999, was born of the marriage between the parties; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they are living apart; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. NOW, THEREFORE, the parties, intending to be legally bound hereby, covenant and agree as follows: 1. Separation It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. 2. Interference Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement and to co-parent their child Matthew. Neither party shall speak badly of the other, nor in any way interfere with their peaceful existence, separate and apart from each other. Each of the parties completely understands and agrees that neither shall do or say anything to their son at any time which might in any way influence him adversely against the other party. 3. Wife's Debts Wife represents and guarantees to Husband that since separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall save harmless Husband from any claims or demands made against him by reason of debts or obligations incurred by her. 4. Husband's Debts Husband represents and guarantees to Wife that since separation he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall save harmless Wife from any claims or demands made against her by reason of debts or obligations incurred by him. 5. Outstanding Joint Debts Husband agrees to pay the first mortgage on the marital home until the mortgage is refinanced into Husband's name alone. All other debts incurred by the parties shall be their individual responsibility. 6. Mutual Release Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands whatsoever, in law or 2 equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except any or all causes of action for breach of any provisions of this Agreement. 7. Division of Personal Property The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have previously been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. Retirement Assets: Wife shall retain her 401(k) plan under the Ritter Insurance Marketing 401(k) Plan. Husband shall retain his Fidelity and Janus IRA account. Each person shall be free to change beneficiaries at any time, and the other will sign any documents required to waive any interest in the other person's retirement asset. 8. Automobiles (1) Husband shall retain possession of as his sole and separate property the Scion automobile currently titled in his name, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorneys' fees, incurred in connection with any vehicles belonging to Husband by virtue of this subparagraph. 3 (2) Wife shall retain possession of as her sole and separate property the Chevrolet Cobalt automobile currently titled in her name, along with all rights under any insurance policies thereon and with all responsibility for payment of any insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorneys' fees, incurred in connection with any vehicle belonging to Wife by virtue of this subparagraph. 9. Other Assets The monies currently held in the parties' joint account (approximately $2,600.00) will be placed into a bank account to benefit the parties' son, Matthew, with Father being the account holder. 10. Division of Real Property Wife will execute a Quitclaim Deed to the marital real estate conveying her interest in 4121 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania, to allow Husband to refinance the current mortgage into his name alone. The Deed shall be held in escrow by Wife's attorney until the refinance of the mortgage. Upon settlement date of the refinancing of the mortgage, and after the payoff of the first mortgage and the expenses of the refinancing, the proceeds left shall be assigned by using the following formula. One Hundred Forty Thousand ($140,000) Dollars minus the payoff on the current joint mortgage, minus the financing costs shall be divided by two, with Wife receiving one-half. Financing costs shall not include any additional escrow Husband must pay in advance toward real estate taxes and insurance. 4 If the mortgage is not refinanced to pay off the current mortgage within 30 days of this Agreement, the property shall be placed for sale with a licensed realtor at a reasonable price. The net proceeds of sale shall be divided equally between the Husband and Wife. 11. Dependency Deduction Beginning with the tax year that ends December 31, 2009, the parties hereby agree that for income tax purposes Husband shall claim Matthew as a dependent as long as Husband maintains physical custody of Matthew for more than six months each tax year. 12. Waiver of Alimony, Alimony Pendente Lite and Spousal Support Each party specifically waives, releases and gives up any rights for alimony, alimony pendente lite or spousal support which he or she may be entitled to pursuant to the Pennsylvania Domestic Relations Code. 13. Medical Insurance Husband shall provide health insurance coverage or its equivalent for the child, and Husband shall supply Wife with proof of such coverage upon request. Wife shall obtain coverage for herself upon being disallowed from coverage under Husband's plan on account of divorce. 14. Waiver of Claims Against Estates Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any 5 jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 15. Divorce Currently there are two divorce actions filed in the Court of Common Pleas of Cumberland County, Pennsylvania. Wife's action under § 3301(c) is docketed at No. 08-4726 Civil Term. Husband's previously filed divorce action docketed at No. 04-5995 Civil Term shall be withdrawn by praecipe by Husband immediately upon the execution of this Agreement. The parties will execute Affidavits of Consent and Waivers of Notice concurrently with the signing of this Agreement, and Wife shall thereafter file the appropriate documents to obtain the Decree of Divorce. 16. Breach If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under the Agreement, or seek such other remedies or relief as may be available to him or her. 6 17. Additional Instruments Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of the Agreement. 18. Voluntary Execution The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, David F. Tamanini, Esquire, for Wife and Wendy J. F. Grella, Esquire, for Husband, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 19. Full Disclosure Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest. Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. 20. Advice of Counsel Each party acknowledges he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution 7 of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 21. Entire Agreement This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertaking other than those expressly set forth herein. 22. Modification of Waiver A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same of similar nature. 8 23. Descriptive Headings The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 24. Taxes By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. It is the intention of the parties to treat all transfers herein as non-taxable. As a part of the division of the marital property and the marital settlement herein contained, the parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. As soon as practicable following the execution of this Agreement, each party shall deliver to the other complete copies of all records in his or her possession establishing the tax basis and any adjustments thereto of any assets being distributed to the other party. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In filing each such return, each party has relied exclusively upon the other party to provide truthful and accurate information relating to the other party's employment income, business income or deductions, or income from any other source. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under- 9 reporting income or claiming any improper deduction shall be solely responsible for payment of and shall indemnify and save the other party harmless from such tax liability, penalties, interest, attorney's fees or accountant's fees. In the event that any additional taxes, penalties or interest are assessed as a result of a mathematical error or some other reason not related to a party's under-reporting of income or claiming any improper deduction, such additional liability shall be divided equally between the parties. 25. Acceptance By Husband and Wife Husband and Wife acknowledge that the provisions of this Agreement are fair, adequate and satisfactory to each of them. Upon that provision, Husband and Wife accept these provisions in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against each other for equitable division of property, spousal support, alimony, alimony pendente lite, counsel fees, or for any other support and maintenance. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. Q ~ WITNESS 0/3 /,/A A tt,4?1) I AL,40? ELIZA H J. B NER - 64LJ,4??, CHRIST PHER P. ETRUNNER 10 COMMONWEALTH OF PENNSYLVANIA) C? > COUNTY OF SS: ) On this, the day of v, 2009, before me, the undersigned officer, personally appeared ELIZABETH J. BRUNNER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Nota ublic Notarial Seal Karen L Burch, Notary Public Mechanicsburg Boro, Cumberland County My commission Expires Nov. 24,2M9 Member Pennsylvania Association of Notaries 11 COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF On this, the ?b day of , 2009, before me, the undersigned officer, personally appeared CHRISTOPHER P. BRUNNER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOwhrut IIAL ANN L MMND Mohr hibMa Fm M" CM. D*AWW C010M Cc I l*kw Ap 17.2011 12 --&?TaLA 2ckf??' Notary Public CF THc Pr''i ?!OiNOTARY 2599 OCIT -6 PH 1: 47 CUIY t v'« tJN i t PENNSYLVANIA • .11% David F. Tamanini, Esquire Attorney I.D. No. 27775 TAMANINI LAW OFFICE Telephone (717) 541-1805 4800 LINGLESTOWN ROAD, SUITE 309 dft@TamaniniLaw.com HARRISBURG, PENNSYLVANIA 17112-9507 Attorney for Plaintiff, Elizabeth J Brunner ELIZABETH J. BRUNNER, Plaintiff VS. CHRISTOPHER P. BRUNNER, Defendant PRAECII To the Prothonotary: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4726 CIVIL TERM CIVIL ACTION - LAW DIVORCE 'E TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: by certified mail, restricted delivery, return receipt requested, on August 8, 2008; received by the defendant on August 13, 2008. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by plaintiff: Member 14, 2009; by defendant: September 10, 2009. (b)(1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff s affidavit upon the respondent 4. Related claims pending: NONE. a . .,% 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice was filed with the prothonotary: September 15, 2009. Date defendant's Waiver of Notice was filed with the prothonotary: September 15, 2009. David F. Tamanini, Esquire Attorney ID No. 27775 TAMANINI LAW OFFICE 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 (717) 541-1805 Attorney for Plaintiff FILED- YFICE 0F HE pr THON!OTARY 1009 OCT -6 PM !: 47 PEPANSYLl4;j !;!A : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH J. BRUNNER V. CHRISTOPHER P. BRUNNER : NO. 08-4726 CIVIL TERM DIVORCE DECREE AND NOW, ©ZNt-\0 Lr 1? 0 0 , it is ordered and decreed that ELIZABETH J. BRUNNER plaintiff, and CHRISTOPHER P. BRUNNER , defendant, are divorced from the bonds of matrimony. It is further Ordered that the Marital Settlement Agreement dated September 10, 2009, and attached hereto is incorporated herein by reference, but shall not merge herewith. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Court, `4, ?, ?AA\ J. Attest: Prothonotary -? , --/ A yam'-?? t2f io i 4' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH J. BRUNNER Plaintiff Vs File No. 08-4726 CIVIL TERM IN DIVORCE CHRISTOPHER P. BRUNNER Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, [Select one by marking X] prior to the entry of a final Decree in Divorce, or X after the entry of a Final Decree in Divorce dated October 14, 2009, hereby elects to resume the prior surname of Ritter, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. Date: "?) , Signature r` Flj42&?k ?- r Si ature of name being resumed COMMONWEALT OF PENNSYLVANIA ) COUNTY OF? h%l2d ) On the ? day of fiooe.46 e-r , 2009, before me, the Prothonotary or a notary public, personally appeared the above affiant, 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 have hereunto set my hand and official seal. Prothon ry or Notary Public NOTARIAL SEAL PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 1I1A 2009 NO -9 P l 12, 20 i/, C) C) /0 't '101ye;4 C4SA- k?f- aS3t _w W a• W