HomeMy WebLinkAbout09-6180r
ANDREA AUNKST,
Plaintiff
V.
JOHN AUNKST,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
( ?' CYl
No. V 041,
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take prompt action. You are warned that if you fail to do
so, the case may proceed without you, and a decree of divorce, or annulment may be
entered against you by the court. A judgment may also be entered against you for any
other claim or relief requested in these papers by the Plaintiff. You may lose money or
property or other rights important to you, including custody or visitation of your
children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is
available in the 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, PA 17013
(717) 249-3166
1
ANDREA AUNKST,
Plaintiff
V.
JOHN AUNKST,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. O q - G / F0 7211,,.
CIVIL ACTION -LAW
IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTIONS 3301 OR 33010
OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, Andrea Aunkst, by and through her attorneys,
Foreman & Caraciolo, P.C., and makes the following Complaint in Divorce and, in
support thereof, avers as follows:
1. The Plaintiff, Andrea Aunkst, is an adult individual who currently resides
at 934 Hawthorne Street, Enola, Pennsylvania 17025.
2. The Defendant, John Aunkst, is an adult individual who currently resides at
934 Hawthorne Street, Enola, Pennsylvania 17025.
3. The Plaintiff and Defendant have been bona fide residents of the
Commonwealth of Pennsylvania for at least six months immediately prior to the filing of
this Complaint.
4. The Plaintiff and the Defendant were married by formal ceremony on
September 11, 1999 in Montgomery, Lycoming County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. The marriage is irretrievably broken.
7. The Plaintiff has been advised that counseling is available and that the
Plaintiff may
have the right to request that the court require the parties to participate in counseling.
8. This action is not collusive.
10. There is one minor child born of the marriage.
10
WHEREFORE, the Plaintiff, Andrea Aunkst, respectfully requests that this
Honorable Court enter a decree of divorce in this matter.
Respectfully Submitted,
FOREMAN & CARACIOLO, P.C.
Qjj
Dail
/"?"? d'
Bruc D. ore , Esquire
Attorney I.D. #21193
Veterans Building
112 Market Street, Sixth Floor
Harrisburg, PA 17101
Telephone (717) 236-9391
Attorney for Plaintiff
Bruce D. Foreman, Esquire
Attorney ID No. 21193
Foreman & Caraciolo, P.C.
112 Market Street, 61h Floor
Harrisburg, PA 17101
('717) 236-9391 Telephone
('717) 236-6602 Facsimile
Y)ruce@ffclaw.net
Attorney for Plaintiff
ANDREA AUNKST,
Plaintiff
V.
JOHN AUNKST,
Defendant
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
No.
CIVIL ACTION - LAW
: IN DIVORCE
VERIFICATION
I verify that the statements made in this 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 unworn falsification to authorities.
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Date ANDREA AUNKST, Plaintiff
OF IL&,r,)-4-ir tt?F
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II
Bruce D. Foreman, Esquire
Attorney ID No. 84745
Foreman & Caraciolo, P.C.
112 Market Street, 6th Floor
Harrisburg, PA 17101
(717) 236-9391 Telephone
(717) 236-6602 Facsimile
bruce@ffclaw.net
Attorneys for Plaintiff
ANDREA AUNKST,
Plaintiff
V.
JOHN AUNKST,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2009-6180
CIVIL ACTION-LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
I hereby certify that a true and correct copy of the Divorce Complaint entered in
the above captioned matter and filed on September 11, 2009 was served upon the
parties listed below, by Certified Mail, Return Receipt Requested, Postage Prepaid and
addressed as follows (A copy of the Domestic Return Receipt is attached hereto and
labeled as Exhibit "A"):
John Aunkst
Defendant
205 Fawn Court
Marysville, PA 17053
Respectfully submitted,
FOREMAN & CARACIOLO, P.C.
Date
zrl-qj P( I -
; 4' , Xe ,
ily J. il , Le al Secretary to
Foreman & araciolo, P.C.
112 Market Street, 6th Floor
Harrisburg, PA 17101
Telephone (717) 236-9391
Facsimile (717) 236-6602
ANDREA AUNKST,
Plaintiff
V.
JOHN AUNKST,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2009-6180
CIVIL ACTION-LAW
IN DIVORCE
EXHIBIT "A"
¦ 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,
on the front If space permits.
1, icle Addressed to:
4?A4
Signature
R&elved by (fWnted Na,,*,
C. to f
D. Is delivery address different from Rem 1? ? Yes
If YES, enter delivery address below: Qbe
3. Service Type
WS'certffied Mail ? Express Mail
? Registered .KRetum Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? yes
2. Article Number -
(rransfer from service labeq ?008 3230-0002 ?665 1815
PS Form 3811, February 2004 Domestic Return Receipt 102f 595-o2-M-1540 ;
OF THE PFD 7. y
2009 SEP 21 F1 11 2: l ; u
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ANDREA AUNKST, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 2009-6180
JOHN AUNKST, CIVIL ACTION -LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on
September 11, 2009.
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 understand that I may lose rights concerning alimony, division of property,
attorney's fees or expenses if I do not claim them before a divorce is granted.
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: ld iU 0.i_ W, /2y
Jo Aunkst, efendant
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ANDREA AUNKST,
Plaintiff
V.
JOHN AUNKST,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2009-6180
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
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Decree in Divorce 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: 11115'11
Jol4n Aunkst, Defendant
4' 1 .s
1C
ANDREA AUNKST,
Plaintiff
V.
JOHN AUNKST,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 2009-6180
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
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Decree in Divorce 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 unworn
falsification to authorities.
Date: 5 X01(7
Andrea Aunkst, Plaintiff
77
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ANDREA AUNKST, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 2009-6180
JOHN AUNKST, CIVIL ACTION - LAW
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on
September 11, 2009.
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 understand that I may lose rights concerning alimony, division of property,
attorney's fees or expenses if I do not claim them before a divorce is granted.
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: 41 51.1 L)/0 I
Andrea Aunkst, Plaintiff
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?OO?• ??? F!, C'O-GF ??T'r
MARRIAGE SETTLEMENT' P?(E'1'
L , 2010, by and
THIS AGREEMENT is made this ? day,?('
41
a? T'enns lvania 17025,
between ANDREA AUNKST, now of 934 Hawthorx en ?. y
hereinafter referred to as "Wife",
-AND-
JOHN AUNKST, now of Pennsylvania hereinafter
referred to as "'Husband",
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on September 11, 1999 in
Montgomery, Lycoming County, Pennsylvania; and
WHEREAS, diverse unhappy marital difficulties have arisen between the parties
causing them to believe that their marriage is irretrievably broken, as a result of which they
now live separate and apart from one another, the parties being estranged due to such marital
difficulties; and
WHEREAS, the parties hereto are desirous of compromising and 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 matters between them relating
to the ownership of real and personal property; and in general, the settling of any and all claims
and possible claims by one against the other or against their respective estate, particularly those
responsibilities and rights growing out of the marriage relationship, inter alia past, present or
future spousal support or maintenance, alimony pendente lite, alimony, counsel fees and
expenses, and equitable distribution, whether or not the parties reside together; and
WHEREAS, the parties have made full disclosure to each other of their assets and
liabilities and have agreed on a settlement of all property rights and differences existing
between them; and
WHEREAS, the parties intend this Agreement to be a full and complete Marriage
Settlement Agreement, providing for the absolute and final settlement of all their respective
marital and property and all other claims; and
WHEREAS, one child has been born to the parties hereto of this marriage, being Ian
Aunkst, born March 13, 2008, now 2 years of age; and
WHEREAS, an action for divorce was filed between the parties to Cumberland County
docket number 2009-6180 on or about September 11, 2009 and is pending.
NOW, THEREFORE, in consideration of the premises and of the promises, covenants
and undertakings hereinafter set forth and for other good and valuable consideration, the
receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each
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, at such place or places as he or she may, from time to time,
choose or deem fit. Each party shall be free from interference, authority or control by the other,
as fully as if he or she were single and unmarried, except as may be necessary to carry out the
provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to
molest the other, nor compel the other to cohabit with the other, or in any way harass or malign
the other, nor in any way interfere with the peaceful existence, separate and apart from the
other. The foregoing provision shall not be an admission on the part of either party of the
lawfulness or unlawfulness of the causes leading to their separation. A reconciliation will not
void the provisions of this agreement.
Should a decree, judgment or order of separation or divorce be obtained by
either of the parties in this or any other state, country or jurisdiction, each of the parties hereby
consents and agrees that this Agreement and all of its covenants shall not be affected in any
way by any such separation or divorce; and that nothing in any such decree, judgment, order or
further modification or revision thereof shall alter, amend or vary any term of this Agreement,
whether or not either or both of the parties shall remarry, it being understood by and between
the parties hereto that this Agreement shall be incorporated in but shall not be merged into any
decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a
copy of this Agreement or the substance of the provisions thereof, may be incorporated by
reference into any divorce, judgment or decree. This incorporation, however, shall not be
regarded as a merger, it being the specific intent of the parties to permit this Agreement to
survive any judgment and to be forever binding and conclusive upon the parties.
2. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of
execution" or "execution date", defined as the date upon which it is executed by the parties if
they have each executed the Agreement on the same date. Otherwise, the "date of execution" or
"execution date" of this Agreement shall be defined as the date of execution by the party last
executing this Agreement. Transfer of property, funds and/or documents shall occur on the
effective date unless otherwise specified herein.
3. AGREEMENT NOT A BAR TO DIVORCE. This Agreement shall not be
considered to affect or bar the right of either party to a divorce on lawful grounds as may be
now or hereafter available to either party. This Agreement is not intended to be and shall not
be a condonation on the part of either party of any act or acts of either party hereto. Both parties
hereto agree that the marriage is irretrievably broken and agree at the time of execution hereof
to execute any and all affidavits or other documents necessary for the parties to obtain an
absolute divorce pursuant to Section 3301(c) of the Divorce Code. Each party waives the right
to request Court ordered counseling.
4. DEBTS AND OBLIGATIONS. Each party hereto represents and warrants that
he or she has not, and in the future will not, contract or incur any debt, obligation or liability for
2
which the other party or his or her estate may be responsible or liable, except as provided for in
this Agreement. Except as provided for herein, each party hereto agrees to be solely
responsible for the prompt and timely payment of the debts identified to be paid by him or her.
Each party hereto agrees to indemnify and hold harmless the other from any and all claims,
debts, obligations or demands made against him or her by reason of debts or obligations
incurred by him or her or identified to be paid by him or her. The parties are jointly responsible
for the existing mortgage of approximately $240,000 on the Marital Residence; two car loans,
each with an approximate balance of $10,000 and a personal loan used for joint purposes, owed
to PSECU with an approximate balance of $11,500. Each party hereto, on a timely basis and
before due, shall pay one half (1/2) of the monthly debt for the mortgage, two car loans and
personal loan at PSECU until paid in full by being amortalized or by being paid out of the
proceeds of the sale of the Marital Residence currently pending.
5. EQUITABLE DISTRIBUTION. It is specifically understood and agreed that
this Agreement constitutes an Equitable Distribution of property that was legally or beneficially
acquired by Husband and Wife or either of them, during the marriage, as contemplated by the
Act of April 2, 1980 known as the Divorce Code, 23 Pa.C.S. § 3101 et. seq., as amended, of the
Commonwealth of Pennsylvania. The parties hereto agree that the division of marital property
provided herein is fair, adequate and satisfactory to them. Each agrees to accept the provisions
of this Agreement in lieu of and in full and final settlement in satisfaction of all claims and
demands that either may now or herein after have against the other for equitable distribution of
martial property.
6. MUTUAL RELEASES. Husband and Wife hereby mutually remise, release,
quit-claim and forever discharge the other and the estate of such other, for all time to come, and
for all purposes whatsoever, from any and all rights, title and interest, or claims in or against
the estate of such other, of whatever nature and wherever situate, which he or she now has or
at any time hereafter may have against such other, the estate of such other or any part thereof,
whether arising out of any former acts, contracts, engagements or liabilities of such other or by
way of dower or courtesy, of claims in the nature of dower or courtesy, or 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; or any rights which either party may now have or at
any time hereafter have for past, present or future support or maintenance, alimony, alimony
pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or
otherwise, except and only except all rights and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the breach of any provision
thereof. It is the intention of Husband and Wife to give to each other by the execution of this
Agreement a full, complete and general release with respect to any and all property of any kind
or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except,
and only except, all rights and agreements and obligations of whatsoever nature arising or
which may arise under this Agreement or for the breach of any provision thereof. It is further
agreed by each party that this Agreement constitutes a full and final resolution and settlement
of all claims of any kind, and especially and claims arising under the Pennsylvania Divorce
Code, which either party may have against the other.
3
7. DIVISION OF REAL ESTATE HOUSEHOLD AND PERSONAL PROPERTY.
Husband and Wife acknowledge that, except as herein provided, their intention is to equitably
divide all marital property. Husband agrees that all the property in the possession of Wife shall
be the sole and separate property of Wife and hereafter Wife agrees that all the property in the
possession of Husband shall be the sole and separate property of Husband. Each of the parties
hereto does hereby specifically waive, release, renounce, and forever abandon whatever claims,
if any, she or he may have with respect to any of the above items that are the sole and exclusive
property of the other. The parties agree that all the items of personal property at the Marital
Residence except a leather sofa and a big screen television are the property of Wife. Husband
agrees to remove the said sofa and television, without doing any damage to the Marital
Residence, so as not to interfere with any sale or settlement of the Marital Residence.
Marital Residence The parties acknowledge that they own a home and property
located at 934 Hawthorne Street, Enola, Cumberland County, Pennsylvania (herein referred to
as "Marital Residence'.) Wife resides in the Marital Residence with Ian Aunkst, the parties'
minor child. The parties jointly listed the Marital Residence for sale and a sale is pending. Until
sold, the parties shall each, on a timely basis prior to the due date, each make one half (1/2) of
the monthly mortgage payments, which payments include insurance and real estate taxes and
one half (1/2) of all utilities and charges, other costs and expenses. Wife and child shall
continue exclusive occupancy as long as Wife may desire until sold and settled. A sale is
pending.
It is expressly agreed that Wife will deduct the mortgage interest and real estate taxes
when filing her federal, state, and local income tax return for tax year 2010.
Motor Vehicle The parties agree that any motor vehicles in the possession of either
party shall be solely the property of that person and, in the event any documents are necessary
to transfer title into the sole name of either Husband or Wife, consistent herewith, the other
shall reasonably cooperate to achieve the said purpose. Wife shall retain as her exclusive
possession the 2005 Mitsubishi Endeavor and Husband shall retain exclusive possession of the
2007 Dodge Caliber. Each party will be solely responsible for the payment which encumber the
automobile attributable to him or her.
Household Furnishings It is agreed that the Household Furnishings have been divided
between the parties in accordance with the mutual understanding of the parties and that all
personal property at the Marital Residence belongs to Wife except a leather sofa, big screen
television, weights in the basement and his tool box and tools which Husband shall remove so
as not to interfere with sale and settlement of the Marital Residence now pending.
Checking and Savings Accounts The parties understand that they each have
individually titled savings and checking accounts with PSECU. Each party hereto releases any
claim on the accounts of the other party.
8. CHILD DEPENDENCY EDUCATION AND CUSTODY. Custody has been
determined and is controlled by existing orders to Cumberland County Docket No. 2009-6539.
The parents agree that they will alternate taking the annual tax dependency deduction for their
4
child with Husband taking the deduction for tax year 2010 and Wife taking the deduction for 2011
and alternating annually thereafter.
9. PENSIONS, RETIREMENT ACCOUNTS, AND CERTIFICATE OF
DEPOSITS. Each party hereto works for and has a pension associated with PHEAA.
Husband also has a military pension. Each party specifically waives any claim he or she may
have against the retirement or any retirement of the other not specifically defined herein.
10. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect
have been fully explained to Wife by her counsel, Bruce D. Foreman, Esquire, and Husband,
after having the opportunity and ability to retain the services of an attorney, and being Sui
Juris, has determined to enter into this agreement without legal counsel. Husband and Wife
each covenants that he or she has made a full financial disclosure to the other of his or her
respective property, holdings and income. Husband and Wife each acknowledge that each
fully understands the facts of this agreement and has been fully informed as to her or his 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, with
such knowledge and that execution of this Agreement is not the result of any duress or undue
influence and that it is not the result of any collusion or improper or illegal agreement or
agreements.
11. DIVORCE. The parties agree and acknowledge that their marriage is
irretrievably broken, that they do not desire marital counseling, and that they both consent to
the entry of a decree in divorce pursuant to 23 Pa. C.S.A. § 3301(c). Accordingly, both parties
agree to forthwith execute such consents, affidavits, or other documents and to direct their
respective attorneys to forthwith file such consents, affidavits, or other documents as may be
necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa. C.S.A. § 3301(c).
Upon request, to the extent permitted by law, and the applicable rules of civil procedures, the
named defendant in such divorce action shall execute any waivers of notice or other waivers
necessary to expedite such divorce.
It is the intention of the parties that the Agreement shall survive any action for divorce
which may be instituted or prosecuted by either party and no other judgment or decree of
divorce, temporary, final, or permanent, shall affect or modify the financial terms of this
Agreement. This Agreement shall be incorporated in but shall not merge into any such
judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement
only.
12. 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, deeds, titles or documents that may be reasonably required to give full force and
effect to the provisions of this Agreement, including all papers necessary to transfer title.
13. AFTER-ACQUIRED PROPERTY. Each party shall hereafter independently
own all property, real, personal or mixed; tangible or intangible, of any kind, acquired by him
5
or her, with full power to dispose of the same in all respects and for all purposes; as though he
or she were unmarried.
14. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFER. The parties
hereby agree and express their interest that any transfer of property under this Agreement shall
be within the scope and application of the Deficit Reduction Act of 1984, hereinafter referred to
as "the Act," and specifically the provisions of the Act pertaining to property transfers between
spouses and former spouses. The parties agree to sign and file any elections or other
documents required by the Internal Revenue Service to apply the Act to transfers under this
Agreement without recognition of gain and subject to the carry-over basis provisions of the Act.
15. MODIFICATION AND WAIVER. A modification or waiver of any of the
provisions of this Agreement shall be effective only if made in writing and executed with the
same formality as this Agreement. The failure of either party to insist upon the strict
performance of any of the provisions of this Agreement shall not be construed as a waiver of
any subsequent default of the same or similar nature.
16. ENTIRE AGREEMENT. This Agreement contains the entire understanding of
the parties, and there are no representations, warranties, covenants or undertakings other than
those expressly set forth herein.
17. 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.
18. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and
agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a
separate and independent agreement.
19. 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, to terminate
any further payments required to the other hereunder or seek such other remedies or relief as
may be available to him or her, 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 this
Agreement, or in seeking such other remedies or relief as may be available to him or her.
20. DISCLOSURE OF FINANCES. Each party hereto confirms that he or she has
relied on the completeness and substantial accuracy of financial disclosures of the other as an
inducement to enter into this Agreement. The parties acknowledge that there has been no
formal discovery conducted in their pending divorce action and that neither has filed and
Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code.
The rights of either party to pursue a claim for equitable distribution of any interest owned by
the other party in an asset prior to the date of execution hereof which interest was not disclosed
or known by the other party or his or her counsel prior to the execution of this Agreement is
expressly reserved.
6
21. APPLICABLE LAW. This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
22. VOID CLAUSES. If any term, condition, clause or provision of this Agreement
shall be determined or declared to be void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this Agreement, and, in all other respects,
this Agreement shall be valid and continue in full force, effect and operation.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
WITNESS:
WIFE:
6 ), J, 0 A
Andrea Aunkst
WITNESS:
HUSBAND:
at- Vj ?-?"
jo n Aunkst
7
ANDREA AUNKST, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 2009-6180
JOHN AUNKST, CIVIL ACTION - LAW s` 'W
Defendant IN DIVORCE
PRAECIPE TO TRANSMIT RECORD 3
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a
divorce decree:
1. Ground for Divorce: irretrievable breakdown under Section X 3301(c) or
3301(d)(1) of the Divorce Code.
2. Date and manner of service of the Complaint: Certified return receipt requested,
restricted delivery (copy of the Domestic Return Receipt attached). Served 9/16/2009.
3. Complete either Paragraph A. or B.
A.1 Date of execution of the Affidavit of Consent required by Section 3301 (c)
of the Divorce Code by Plaintiff: November 5, 2010
by Defendant: November 5, 2010
A.2 Date of filing of Plaintiffs and Defendant's Waiver of Notice of Intent:
by Plaintiff: Contemporaneously filed herein
by Defendant: Contemporaneously filed herein
4. Related claims pending. Please, incorporate without merging the attached Marital
Settlement Agreement of the parties into the Divorce Decree.
B.1 Date of execution of the Plaintiff's Affidavit required under Section 3301(d) of
the Divorce Code:
B.2 Date of service of Plaintiff s Affidavit upon Defendant:
Date of service of Notice to Intention to Enter:
FOREMAN &
Date:
P.C.
Bruce D. Foremast, Esquire
112 Market Street, 6th Floor
Harrisburg, Pennsylvania 17101
ID# 21193 Tel. (717) 236-9391
ANDREA AUNKST IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JOHN AUNKST
No. 2009-6180
DIVORCE DECREE
AND NOW, A1a? T° , -"Jo , it is ordered and decreed that
ANDREA AUNKST plaintiff, and
JOHN AUNKST
defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
The Marriage Settlement Agreement of the parties is incorporated, but does not
merge with this degree.
By the Court,
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