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HomeMy WebLinkAbout09-7588MARK L. McCLEAF, Plaintiff V. VANESSA A. McCLEAF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. ?q - 701"CIVIL TERM CIVIL ACTION - LAW IN DIVORCE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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 CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 OM C'SZ" &U ULAKIs Michelle L. Sommer, Esquire Attomey I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 MARK L. McCLEAF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. VANESSA A. McCLEAF, Defendant NO. G 9- IT PF CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 1. Plaintiff is Mark L. McCleaf, who currently resides at 9 Chestnut Grove, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is Vanessa A. McCleaf, who currently resides at 9 Chestnut Grove, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Plaintiff and 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 June 20, 1998 in Chambersbu.rg, Franklin County, Pennsylvania. COUNT I - DIVORCE 5. Paragraphs one (1) through four (4) of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, 553301(a), (c) and 3301(d), in that: a. Plaintiff is the innocent and injured spouse as the Defendant has committed adultery. b. The marriage is irretrievably broken. c. Plaintiff and Defendant have lived separate and apart since October 7, 2009 and continue to do so. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in such counseling. 9. The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs one (1) through nine (9) of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from June 20, 1998, until October 7, 2009, the date of their separation, which property is "marital property" 12. Plaintiff and Defendant may have owned, prior to marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, the Plaintiff requests this Honorable Court to equitably divide all marital property. COUNT III - ALIMONY PENDENTE LITE AND ALIMONY 14. Paragraphs one (1) through thirteen (13) of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff lacks sufficient property to provide for his reasonable means and is unable to support himself through appropriate employment. 16. Plaintiff requires reasonable support to maintain himself adequately in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and thereafter to enter an award for alimony. COUNT IV - COUNSEL FEES AND COSTS 17. Paragraphs one (1) through sixteen (16) of this Complaint are incorporated herein by reference as though set forth in full. 18. Plaintiff has retained the law offices of AsoM & KUTULAKIS, L.L.P., but is unable to pay the necessary and reasonable attorney's fees for said counsel. 19. Plaintiff may need to hire experts to appraise the marital property but he lacks funds to pay the necessary and reasonable fees. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate, and at final hearing to award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, DATE l` N Awm & KUTULA%IS, L.L.P. Michelle L. Sommer squire Supreme Court ID No. 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Plaintiff I, MARK L. McCLEAF, verify that the statements made in this Divorce 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 /O _12 AARk L. McCLEAF AND NOW, this 3fd day of November, 2009, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Divorce Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified mail and First-class mail, postage prepaid addressed to the following: Vanessa A. McCleaf 9 Chestnut Grove Shippensburg, Pennsylvania 17257 Respectfully submitted, ABom & KUTULAKr4 L.L.P. Michelle L. So er, Esquire Supreme Court ID No. 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintif nr THE PLC )N rTAPY 71 2QD9 FJOiI -3 At l l : 39 NTY << `? 7 ? 1 e5)6 -19 a OM & j N UI AKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 MARK L. McCLEAF, Plaintiff V. VANESSA A. McCLEAF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-7588 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE I, Michelle L. Sommer, Esquire, hereby certify that I did serve a true and correct copy of the Complaint under Sections 3301 (a), (c) and (d) of the Divorce Code, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, postage prepaid, on Vanessa A. McCleaf, at Shippensburg, Pennsylvania, addressed as follows: Vanessa A. McCleaf 9 Chestnut Grove Shippensburg, PA 17257 Return card acknowledging receipt on November 4, 2009 is attached as Exhibit "A". Date: I I b ABom & KUTULAKIs, L.L.P. Michelle L. Somm , Esquire Attorney I.D. No.: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney, for Plaintiff • 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 maiiplece, or on the front if space permits. 1. Article Addressed to: vaxllov? 4, Acle? 1-71-57 A. Signature APt x ? Aellrw B._ Received by (PWnNO1*W Of DdvwY -_ IV D. Is delivery addre*Otrerentfro?,tm Item 1? [3 Yee If YES, enter del4we addresAbebw: No 3. Service T" 17Aft bed Mail ? Express Mail ? Registered ? Return Receipt for Merchwx** ? insured mail ? C.O.D. 4. Restricted DsWW Pft Fee) Ir`Yes 2. Article Number 7008 1830 0003 5942 5197 PS FOrnt t, Frluewy 2004 Don left Retum Receipt 1osewws.aa401-1540 i EXHIBIT `A" F THE": IPP0 "',Nlr,)TARY 2009 NOY -5 PH 2: 26 tITY PENN LMA MARK L. MCCLEAF, IN THE COURT OF COMMON PLEAS O~ Plaintiff/Respondent :CUMBERLAND COUNTY, PENNS~LV~1IALLn v. NO. F.R. 2009-7588 CIVIL TERM ~ _~;-;-, ~a -~ ~ ~:~ -s . VANESSA A. MCCLEAF, :CIVIL ACTION -LAW " - __ - , ,;+~;-; j,R Defendant/Petitioner IN DIVORCE ~'= ~ ~ ~~ ~~ `~' t_-~ .,'.-' l.._~~__ PETITION FOR ECONOMIC RELIEF: ALIMONY PENDENTE _! ~,,' LITE AND ALIMONY ~~~y ~ ~ Duo AND NOW comes Petitioner, the above named Defendant, by and through her attorney, Hannah Herman-Snyder, Esquire, and the law firm of Griffie and Associates and avers as follows: 1. The Petitioner is the above named Defendant, an adult individual currently residing at 34 East Third Street, Apartment 2, Waynesboro, Franklin County, Pennsylvania. 2. Respondent is the above named Plaintiff, an adult individual currently residing at 9 Chestnut Grove Road, Shippensburg, Cumberland County, Pennsylvania. 3. A divorce action was filed by Respondent on November 3, 2009. 4. The divorce action included a count for Alimony Pendente Lite and Alimony on behalf of the Plaintiff/Respondent; however, he is ,not entitled to Alimony Pendente Lite and/or Alimony and the current request is being made on behalf of Defendant/Petitioner for Alimony Pendente Lite and Alimony. 5. Petitioner is without sufficient property and otherwise unable to financially support herself through appropriate employment. 6. Respondent is presently employed and receiving an income that is substantially higher than Petitioner's, with benefits, and is able to pay Alimony Pendente Lite and Alimony to Petitioner. 7. Counsel for Respondent, Michelle Sommer, Esquire, has been notified of the filing of this Petition. WHEREFORE, Petitioner requests your Honorable Court to enter an Order requiring Respondent to pay appropriate Alimony Pendente Lite and Alimony to Petitioner. Respectfully Submitted, Hannah Herman-Snyder, Esquire Attorney for Petitioner/Defendant GRIFFIE AND ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: ,' ' ~ -.,(7 a MARK L. MCCLEAF, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. F.R. 2009-7588 CIVIL TERM VANESSA A. MCCLEAF, :CIVIL ACTION -LAW Defendant/Petitioner IN DIVORCE CERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the ~"`~ day of January, 2010, cause a copy of Petitioner's Petition for Economic Relief: Alimony Pendente Lite and Alimony to be served upon Respondent by serving his attorney of record, Michelle L. Sommer, Esquire, by first-class mail, postage prepaid at the following address: Michelle L. Sommer, Esquire Abom & Kutulakis 2 West High Street Carlisle, PA 17013 DATE: ~ - .~ 1- ~ Hannah Herman-Snyder, Esq~ire Attorney for Petitioner/Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 MARK L. MCCLEAF, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE . ~ ~ ,c_ ~ ~ .. -, NO. 09-7588 CIVIL TERM ,~' ~' ~ ~ -,-, - VANESSA A. MCCLEAF, IN DIVORCE -- ~`~ ~ ; ; - -~ -~, Defendant/Petitioner _ - ~ _ ~ ' ~~'~~ ~' , _ PACSES NO: 417111422 - -a _ _. . F - ' i•.f1 ~ , -~; ORDER OF COURT AND NOW, this 22nd day of January, 2010, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on February 2, 2010 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Hannah Herman-Snyder, Esq. Michelle L. Sommer, Esq. Date of Order: January 22, 2010 BY THE COURT, Edward E. Guido, Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 MARK L. MCCLEAF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. VANESSA A. MCCLEAF, Defendant NO. F.R. 2009-7588 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, [select one by marking "X"] X prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce, hereby elects to resume the prior surname of VANESSA A. KULPAK, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. DATE: '(_.gr_Y VANESSA A. MCCLEAF n ` V NESSA A. KULPAK COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND On this, the 3' -day of 2011, before me the undersigned officer, personally appeared VANESSA A. MCCLEAF, now known as VANESSA A. KULPAK, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHERF I hereunto set my hand and official sea NOTARIAL SEAT J?CI 11 !JL! y PATTI OW-LOS (K i? ?33;i N, Paw g00it0?0110?I4M.?N Notary Public My Ca?laioa E?pkM Ore ?. p0i2 MARK L. MCCLEAF, Plaintiff V. VANESSA A. MCCLEAF, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. F.R. 2009-7588 CIVIL TER CIVIL ACTION -LAW IN DIVORCE r ? PRAECIPE -i O coo -?v N s c.) G? Please make note that Defendant has retaken her former last name; therefore, she is now known as Vanessa A. Kulpak. Please make note of the change in the caption accordingly: MARK L. MCCLEAF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. F.R. 2009-7588 CIVIL TERM VANESSA A. KULPAK, CIVIL ACTION -LAW Defendant IN DIVORCE Respectfully submitted, Date: ? ca --t ca o? Hannah Herman-Snyder, Esquire Attorney for Defendant Supreme Court ID 91537 GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 MARK L. MCCLEAF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. F.R. 2009-7588 CIVIL TERM VANESSA A. MCCLEAF, CIVIL ACTION -LAW Defendant IN DIVORCE =CERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the C1 4"' day of September, 2011, cause a copy of Defendant's Praecipe to be served upon Plaintiff by serving his attorney of record, Michelle L. Sommer, Esquire, by first-class mail, postage prepaid at the following address: DATE: 9- 9-11 Michelle L. Sommer, Esquire Abom & Kutulakis 2 West High Street Carlisle, PA 17013 Hannah Herman-Snyder, Esq 're Attorney for Defendant Supreme Court ID 91537 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 FROTOOTOF TH.PHNAR Y 2011 Noy -8 PM t: 39 CUMBERLAND COUNTY PENNSYLVANIA MARK L. MCCLEAF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-7588 CIVIL TERM VANESSA A. KULPAK, CIVIL ACTION -LAW Defendant IN DIVORCE PROPERTY AND SEPARATION AGREEMENT BETWEEN MARK L. MCCLEAF AND VANESSA A. KULPAK GRIFFIE AND ASSOCIATES 200 NORTH HANOVER STREET CARLISLE, PA 17013 THIS AGREEMENT, made this 1 ?v' day of W gug N\6 o r , 2011, by and between VANESSA A. KULPAK, formerly Vanessa A. McCleaf, of 34 East Third Street, Apartment 2, Waynesboro, Franklin County, Pennsylvania, party of the first part, hereinafter referred to as "Wife, " AND MARK L. MCCLEAF, of 9 Chestnut Grove Road, Shippensburg, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Husband," WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on June 20, 1998, in Franklin County, Pennsylvania. They are the parents of two children, namely Mark L. McCleaf, Jr., born August 7, 1999 and Megan L. McCleaf, born January 2, 2002. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other including the settling of matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and Husband by Wife. WHEREAS, the parties hereto wish finally and for all time to settle and determine their respective property and other rights growing out of their marital relation; wish to live separate and apart; and, wish to enter into this property and separation Agreement; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; WHEREAS, Wife acknowledges that she is thoroughly conversant with and knows accurately the size, degree, and extent of the estate and income of Husband, and Husband acknowledges that he is thoroughly conversant with and knows accurately the size, degree and extent of the estate and income of Wife; NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Hannah Herman-Snyder, Esquire for Wife, and Michelle L. Sommer, Esquire for Husband. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and 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 and the parties hereto state that he or she in the procurement and execution of this Agreement, has not been subjected to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. 2. WARRANTY OF DISCLOSURE: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of both formal and informal exchanges of information by the parties' attorneys and/or parties and this Agreement between the parties is based upon this disclosure. Husband and Wife represent and warrant that they have disclosed to each other, in full, their respective assets, liabilities and income valued as of October 9, 2010, the date of separation of the parties, that they have been given ample opportunity to identify and analyze and value the assets titled in the name of or held for the benefit of the other party and that this Agreement was negotiated and entered into on the basis of these disclosures and their substantial accuracy. The parties acknowledge that (a) some formal real estate appraisals haven been conducted and that the values assigned to other assets merely are the good faith estimates of the current fair market value/book value by the parties themselves, and that the values assigned to the assets might be very different if other methods of valuation were utilized; (b) the parties assign very different values to many of the assets; and (c) they are aware that but for this Agreement they might be entitled to additional formal discovery including by review of documents, inspections, interrogatories, depositions or likewise. Notwithstanding the foregoing, any further disclosure is specifically waived. 3. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever 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 as by way of dower or curtesy, or claims in the nature of dower or curtesy 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 (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may 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 thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not 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 thereof. 4. PERSONAL RIGHTS AND SEPARATION: Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 5. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301 (c) or (d) of the Divorce Code of 1980. 6. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all times. 7. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be 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. 8. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property, including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 9. BANK ACCOUNTS: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have to equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. 10. AFTER-ACQUIRED PERSONAL PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her after the parties date of separation, 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. 11. MOTOR VEHICLES The parties agree to the division of their motor vehicles, acquired during their marriage, as follows: A. The 1996 Pontiac Sunfire currently titled in joint names shall remain the sole and exclusive property of Husband. Wife hereby waives any right, title, claim and/or interest she has or may have in said vehicle. B. The 1997 Ford F-150 currently titled in Husband's name alone shall remain the sole and exclusive property of Husband. Wife hereby waives any right, title, claim and/or interest she has or may have in said vehicle. C. The 1985 Ford F-150 currently titled in Husband's name alone shall remain the sole and exclusive property of Husband. Wife hereby waives any right, title, claim and/or interest she has or may have in said vehicle. D. The 2007 Chevy Cobalt currently titled in joint names shall remain the sole and exclusive property of Wife. Husband hereby waives any right, title, claim and/or interest he has or may have in said vehicle. E. The 2007 Harley Davidson Sportster currently titled in Husband's name alone shall remain the sole and exclusive property of Husband. Wife hereby waives any right, title, claim and/or interest she has or may have in said vehicle. F. The 1982 Honda Shadow currently titled in Wife's name alone shall remain the sole and exclusive property of Wife. Husband hereby waives any right, title, claim and/or interest he has or may have in said vehicle. G. The trailer currently titled in joint names shall remain the sole and exclusive property of Husband. Wife hereby waives any right, title, claim and/or interest she has or may have in said trailer H. In regards to the above vehicles that are jointly titled, the parties shall meet within ten (10) days of execution of this Agreement for the purpose of effectuating the within Agreement and for each to sign off the title(s) of the vehicle(s) of the other. 12. PENSION, RETIREMENT, PROFIT SHARING: A. Husband has a Defined Benefit Plan as a result of his employment with T. B. Woods, titled T. B. Woods, Inc. Retirement Savings & Investment Plan. The parties recognize that a portion of said Plan is not marital as Husband began contributing to the Plan on December 1, 1990 and married on June 20, 1998 such that the portion considered for purposes of this Agreement is the portion earned during the marriage and an estimate of the growth thereon. The parties agree that Wife shall receive and has the following interest in said Plan: i. SIXTY THOUSAND AND XX/100 DOLLARS ($60,000.00), effective as of the date of execution of this Agreement. In addition, Wife is entitled to earnings (dividends, interest, gains, and losses) from the date of execution of this Agreement to the date that the award is segregated from Husband's account. This amount shall be provided to Wife pursuant to a Qualified Domestic Relations Order. ii. TWELVE THOUSAND AND XX/100 DOLLARS ($12,000.00), made payable to Hannah Herman-Snyder, Esquire as attorney for Vanessa A Kulpak, which Husband shall take as a loan against his T. B. Woods, Inc. Retirement Savings & Investment Plan within thirty (30) days of the execution of this Agreement. If Husband is unable to effectuate a loan from his T. B. Woods, Inc. Retirement Savings & Investment Plan, he shall provide documentation to Wife of the same, no later than the thirty-first (31S) day from execution of this Agreement, and shall increase the amount of the SIXTY THOUSAND AND XX/100 DOLLARS ($60,000.00) Wife is to receive pursuant to the Qualified Domestic Relations Order to SEVENTY-TWO THOUSAND AND XX/100 DOLLARS ($72,000.00). If the amount is increased, Wife is entitled to earnings (dividends, interest, gains, and losses), on the SEVENTY-TWO THOUSAND AND XX/100 DOLLARS ($72,000.00), from the date of execution of this Agreement to the date that the award is segregated from Husband's account. iv. If Husband has to provide SEVENTY-TWO THOUSAND AND XX/100 DOLLARS ($72,000.00) pursuant to a Qualified Domestic Relations Order, Husband shall be responsible for the taxes Wife has to pay in order to obtain a net amount TWELVE THOUSAND AND XX/100 DOLLARS ($12,000.00). Wife shall provide documentation to Husband of the tax liability on the net amount of TWELVE THOUSAND AND XX/100 DOLLARS ($12,000.00) as soon as possible, and Husband shall pay the tax liability within thirty (30) days of being requested to do so by Wife. V. Once the proper amount for the Qualified Domestic Relations Order is determined, with the same being prepared by counsel for Wife, and it shall be executed by Husband within ten (10) days of him being requested to do so. vi. Wife waives all right, title, claim and/or interest to Husband's T. B. Woods, Inc. Retirement Savings & Investment Plan, except as set forth herein. B. Wife has no pension, retirement, or profit sharing earned during the marriage. 13. REAL ESTATE: Husband is the sole owner of real estate located at 9 Chestnut Grove Road, Shippensburg, Cumberland County, Pennsylvania. Said real estate is owned solely by Husband but was purchased during the parties' marriage. The parties have a joint mortgage with Citicorp Trust Bank, fsb, Loan Number 001120975712. From the time of execution of this Agreement forward, Husband shall be solely responsible for said mortgage and shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever. Husband shall refinance said mortgage within thirty (30) days of execution of this Agreement so as to remove Wife from any and all obligations regarding said mortgage. Wife shall sign any document necessary, including a spousal waiver or deed, to permit Husband to complete said refinance. Said document(s) shall be held by counsel for Wife until such time as the refinance is complete. Wife shall receive consideration for her interest in the real estate pursuant to Paragraph 12. 14. LIFE INSURANCE: Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other, with the right to designate a beneficiary as each of the party sees fit for his/her respective policy, except as set forth herein. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policies. 15. MARITAL DEBT: The parties shall and do hereby mutually remise, release and forever discharge each other from any and all actions, suits, debts, claims, demands and obligations whatsoever, both in law and in equity, which either of them ever had, now has, or may hereafter have against the other upon or by reason of any matter, cause or thing up to the date of the execution of this Agreement. Upon execution of this Agreement, each of the parties is responsible for any and all credit card debt, or any other kind of outstanding liability, that exists in each individual name. 16. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 17. ALIMONY, ALIMONY PENDENTE LITE SPOUSAL SUPPORT AND MAINTENANCE: A. Husband hereby waives any right or claims of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. Wife hereby waives any right or claims of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. B. The support obligation currently paid to Wife through the Cumberland County Domestic Relations Office at PACSES Case No. 417111422 shall terminate upon finalization of the divorce. On that date, Wife shall notify the Domestic Relations Office of the finalization of the divorce. 18. DIVORCE: Husband has commenced an action for divorce from Wife pursuant to Section 3301 (c) of the Pennsylvania Divorce Code by the filing of a Divorce Complaint. Each of the parties shall sign an Affidavit of Consent and Waiver of Notice of Intention to Request the Entry of a Divorce Decree at the same time of execution of this Agreement and shall provide the same to counsel for Husband. It is further agreed and understood that any Decree of Divorce issuing in this matter shall reflect the fact that Husband shall bear the cost of same in his individual capacity. A. Each of the parties agree that this Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under Section 3501 (Equitable Distribution) of the Pennsylvania Code, Act No. 1990- 206. B. This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 19. LEGAL FEES: In the review and preparation of this Agreement, each party shall bear his/her own legal fees. 20. REMEDY FOR BREACH: In addition to the above, if either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment for reasonable legal fees and costs incurred by the other in. enforcing their rights hereunder, or to seek such other remedies or relief as may be available to him or her. 21. EQUITABLE DISTRIBUTION: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of December 19, 1990 (P.L. No. 1240, No. 206) known as "The Divorce Code," 23 P.S. 3501 et seq. of the Commonwealth of Pennsylvania, and as amended. 22. SUMMARY OF EFFECT OF AGREEMENT: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each parry, including all claims raised by them in the divorce action pending between the parties. 23. TAX CONSEQUENCES: By this agreement, the parties have intended to effectuate and have equitably divided their marital property. The parties have determined that such equitable 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 and the division is being effected without the introduction of outside funds of other property not constituting a part of the marital estate. 24. MUTUAL COOPERATION/DUTY TO EFFECTUATE AGREEMENT: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 25. RECONCILIATION: The parties shall only effect a legal reconciliation which supersedes this agreement by their signed agreement containing a specific statement that they have reconciled and that this agreement shall be null and void; otherwise, this agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal effect or this agreement or cause any new marital rights or obligations to accrue. 26. SEVERABILITY: The parties agree that the separate obligations contained in this Agreement shall be deemed to be interdependent. If any term, clause, or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the Agreement may be reviewed and renegotiated in order to fulfill as closely as possible the purpose of the invalid provision. Notwithstanding any release contained herein, the parties intend that they may reinstate any and all economic claims to the extent available under the Divorce Code of 1980. Further, any court of competent jurisdiction may, under the equitable provisions and purposes of the Divorce Code, reinstate any economic claim which was available at the time of the parties' separation or avoid any waiver herein contained to renegotiate or effectuate as nearly as possible the purpose of the unenforceable provision. 27. NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such parry hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 28. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as written contract separate from such judgment for divorce and may be enforced as an independent contract. 29. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 30. NOTICES: Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: A. To the Wife, at 34 East Third Street, Apartment 2, Waynesboro, Pennsylvania, 17268. B. To the Husband, at 9 Chestnut Grove Road, Shippensburg, Pennsylvania, 17257. 31. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 32. CAPTIONS: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 33. AGREEMENT BINDING ON HEIRS: The Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 34. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. Witness: Seal) Vanessa A. Kulpak Mark L. McCleaf COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF 131,44BER1,D ??? U i? U 1J ) On this, the _ day of 2011, before me, a notary public, the undersigned officer, personally appeared Vanessa A. Kulpak, 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, 1 hereunto set my hand and notarial seal. <T , Notary Public Notarial Seal Jeanne M. Nemine, Notary Public COMMONWEALTH OF PENNSYLVANIA ) Boro of Chambersburg, Franklin County y Commission Expires April 18, 2015 COUNTY OF CUMBERLAND ) On this, the J'I4 day of d , 2011, before me, a notary public, the undersigned officer, personally appeared Mark L. McCleaf, 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 my hand and notarial seal. Notary Public COMMONWEALTH OF PENNSYLVAMA NOTARIAL SEAL Deborah L. Ryan, Notary Public Carlisle Borough, Oberland County commissiam a fires June 11, 2014 _? OM & K? UI AKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 MARK L. McCLEAF, Plaintiff V. FILED-OFFICE OF THE PROTHONOTARY 1011 NOV -8 PM 1: 39 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-7588 CIVIL TERM VANESSA A. KULPAK, CIVIL ACTION - LAW Defendant IN DIVORCE 1. A Complaint in divorce under §§3301(a), (c) and 3301(d) of the Divorce Code was filed on November 3, 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 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. Date: L. McCLEAF, Plaintiff ?j T ? OM & Nu l.AKIS Michelle L. Sommer, Esquire Attorneyl.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 MARK L. McCLEAF, Plaintiff V. VANESSA A. KULPAK, Defendant 'FJ EO=OFFICE OF THE PROTHONOTARY 7011 NOV -8 PM 1; 38 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-7588 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 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 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: r6) -,.,2 // MARK L. McCLEAF, Plaintiff _ ABOM & KuTUr_nxis Michelle L. Sommer, Esquire Attorney LD. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 MARK L. McCLEAF, Plaintiff V. VANESSA A. KULPAK, Defendant FILED-OFFICE OF THE PROTHONOTARY 1011 NOV -8 PM 1= 39 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA . NO. 09-7588 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 1. A Complaint in divorce under §§3301(a), (c) and 3301(d) of the Divorce Code was filed on November 3, 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 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. Date: 1T ?' /( VANESSA A. KULPAK, De ndant TAB OM & NuTULAKIS AEichelle L Sommer, Esquire Attorney LD. #: 93034 2 [Pert High Sheet Carfisk, PA 17013 (717) 249-0900 MARK L. McCLEAF, Plaintiff V. OF THE FILED-OFFICE 1011 NOY -8 PM 1: 39 CUMBERLAND C4UNTy PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-7588 CIVIL TERM VANESSA A. KULPAK, CIVIL ACTION - LAW Defendant IN DIVORCE 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 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: ll - 7- /1 ai ANESSA A. KULPAK, Defen ant 'OF THE PROTHONOTARY 2011 NOV -g PM 1: 39 CUMBERLAND COUNTY PENNSYLVANIA MARK L. MCCLEAF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-7588 CIVIL TERM VANESSA A. KULPAK, CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: 3301(c) of the Divorce Code 2. Date and manner of service of the Complaint: Complaint was made by certified mail, restricted delivery on November 4, 2009. 3. Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff. November 7, 2011, by Defendant: October 24, 2011 4. Related claims pending: none. 5. Date plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: November 8, 2011. Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: November 8, 2011. v Hannah Herman-Snyder, Esqu e Attorney for Plaintiff Attorney ID No. 91537 GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552