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HomeMy WebLinkAbout05-4087 Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. oS'" l../ritIVIL TERM TANYA L. GAMBLE, Plaintiff KRIS D. GAMBLE, Defendant CIVIL ACTION - 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 Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 170 I3 (717) 249-3166 Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg,PA 17110 (717) 232-7200 TANYA L. GAMBLE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW v. KRIS D. GAMBLE, NO.OS' - 46n CIVIL TERM Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the above-narned Plaintiff, TANYA L. GAMBLE, by and through her attorney, CONSTANCE P. BRUNT, ESQUIRE, and seeks to obtain a Decree in Divorce from the above-named Defendant, KRlS D. GAMBLE, upon the grounds hereinafter set forth. COUNT I DIVORCE 1. Plaintiff is T ANY A L. GAMBLE, an adult individual, who currently resides at 2809 Warren Way, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is KRIS D. GAMBLE, an adult individual, who currently resides at 1115 Saffron Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 20, 1997, in Manassas, Virginia. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff and Defendant are both citizens of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States or any of its allies. 8. The Plaintiff has been advised of the availability ofrnarriage counseling and understands that she may request that the Court require the parties to participate in counseling. 9. The Plaintiff avers that the grounds on which the action is based are that the marriage is irretrievably broken. 10. Plaintiff requests the Court to enter a Decree in Divorce. COUNT II REOUEST FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(8) OF THE DIVORCE CODE 11. Paragraphs 1 through 7 inclusive of Count I are specifically incorporated by reference as though fully set forth hereinafter. 2 12. Plaintiff and Defendant have individually or jointly acquired real and personal property during the rnarriage, in which they individually or jointly have a legal or equitable interest, which marital property is subject to equitable distribution. 13. Plaintiff requests the Court to determine and equitably distribute, divide or assign said marital property, pursuant to Section 3502 of the Divorce Code. WHEREFORE, Plaintiff prays that your Honorable Court enter a Decree in Divorce as follows: (a.) dissolving the marriage between the parties; (b.) equitably distributing, dividing or assigning the rnarital property of the parties; and (c.) granting such other further relief as the Court deems appropriate. Respectfully submitted, ~ CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID# 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, P A 17110-3339 (717) 232-7200 Attorney for Plaintiff 3 VERIFICATION I verify that the statements made in the foregoing Complaint In Divorce are true and correct. I understand that false staternents herein are rnade subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. DATED: gk/or ~&~dI~ T ANY A L. GAMBLE, Plaintiff (J IV ^ 11: ~ --. -. >v '" C) ~ ~ ~ ~ '6g. ~R.l:O C> () C> . . Crt () V'? c; () C> I I p::~ ~~ '-'~ ~ ~ "''' ~ ~p1 c:: t!l. Gi 15y C; ~~1 ~71 ''T,. -:'3 -<? ~~ :::J: 6' t..:> .'-i .. JD '< Q ~? d;"r1 -"':-;:;". " ~.t..: ~.~~ ~ 8 C) Constance P. Brunt. Esquire Supreme Court tD #29933 Beaufort Professional Center 1820 Linglcstown Road Harrisburg, FA 11110 (717) 232.7200 cpbrunt@paonlille.com TANYA L. GAMBLE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW NO. 05 - 4087 CIVIL KIDS D. GAMBLE, Defendant IN DIVORCE CERTIFICATE OF SERVICl);, 1, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that: 1. On August 10, 2005, a Complaint In Divorce, properly endorsed with a Notice To Defend And Claim Rights, was filed on behalf of Plaintiff and against Defendant in the above matter. 2. On August 15,2005, I forwarded, by certified mail, return receipt requested, restricted delivery, a certified copy of the Complaint In Divorce, properly endorsed with a Notice To Defend And Claim Rights, to Defendant, KRIS D, GAMBLE, addressed to 1115 Saffron Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, as evidenced by the sender's receipt attached hereto. 3. The aforesaid certified copy of the Complaint In Divorce sent to the Defendant, KRIS D. GAMBLE, was delivered on August 30, 2005, as evidenced by the return receipt card signed by the Defendant and attached hereto. 4. To the best of my information and belief, the signature on Part 5 of the return receipt card is, in fact, the signature ofthe Defendant, KRIS D. GAMBLE. DATE: rr/lfr:-' ~ CONSTANCE P. BRUNT, ESQUIRE Supreme Court J.D. No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, P A 17110 (717) 232-7200 Attorney for Plaintiff .-'l m I'- I'- I'- a- ::r ...D I'- e e e e .-'l IJ1 ru ::r e 0 e Mr. Kris D. Gamble I'- lIiiiii('Aj;i'fIiiJ................................m..........m....................... MPO~M> 1115 Saffron Drive ~~'7:i~~.b~~................._......._...................._........ LJ S. Postal SI" vice CERTIFIED MAIL RECEIPT I DomestIc Mall Only, No Insurance Coverage ProvIded) . . . . .. .. . I OFFICIAL USE l -- $ .83 c-.. Fee 2.30 1'- Retum ~Fee 1.75 Ho", (Endorsement ReQuired) AeetrIctBcI De~ Fee 3.50 .f/t l10r (Endonlement ReqUired) $ 8.38 '1btaI Postage & Fen . ". ",eO' " " , ,. " "."e. '''''''', """"c,' '.}" .,- . r ,',,' (0) c" ~ ;;;; c::::-~ e,.r\ U) jtj n\} I u.... () -n ;::::! r~:I7} r'" -onl -:-~J~ .-) ~r' I~.! ~f: ,;-j:\j ._0 ~,jrf1 :---\ ~jj .< -,j w c::::> ROGER J. RICHWINE, JR., Plaintiff * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, * PENNSYLVANIA * * VS. * NO. 05-4088 CIVIL TERM * * TIFFANY L. RICHWINE, Defendant * CIVIL ACTION - LAW IN CUSTODY * AFFIDAVIT OF SERVICE I, ,Jeanette L. Roberts. being duly sworn. deposes and says that she is an adult and that she served the within Complaint on the Defendant. at the Defendant's last known address as follows: 33 Miller's Gap. Enola, PA 17025 by certified mail. restricted delivery. return receipt requested on the IS'" day of August, 2005. The Certified Mail Receipt and PS Form 381] 1 are attached hereto. marked Exhibit "A" and made a part hereof by reference thereto. Date: September 2. 2005 WJLEY, LENOX, COLGAN & MARZZACCO, P.c. B';;!"Ilf\diJ ~,~~ ~o. Roberts COMMONWEt::ALTH OF PENNSYLVANIA: SS COUNTY OF On this, e 2'" day of September. 2005. before me. a notary public. personally appeared Jeanette L. Roberts known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. NOTARYPlJ IC My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal S. Dawn GladIeIter, Notary Public 0iIIsblJg Boro, YOlk County My Commission Expires May 17, 2009 Member, Pennsylvania Association of Notaries .- ..,.-''--.'''- .",~.'.~ EXHIBIT "An (') c: ~ -:::~ 1,~::: !~~ \': ~; l,_ {.r~ r~: C.-' >:,:1- ~'.O' (:-.J ~...c: z =<! r-.> C..? 5\ (/) p1 -'" I 0> -<\ -0 ::l1: W .. 0:> Constance P. Brunt, Esquire Supreme Court 10 #29933 Beaufort Professional Center 1820 LingJestown Road Harrisburg, PA 17110 (717) 232-7200 cpbrun~cpbruntlaw.com TANYA L. GAMBLE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW NO. 05 - 4087 CIVIL KRIS D. GAMBLE, Defendant IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT . , .' MARRIAGE SETTLEMENT AGREEMENT oW. SW1Uvtbif THIS AGREEMENT, made this ~ day of AHgnst, 2006, by and between TANYA L. GAMBLE (Wife) of Cumberland County, Pennsylvania, and KRIS D. GAMBLE (Husband) of Cumberland County, Pennsylvania. WHEREAS, the parties are Husband and Wife having been lawfully married on December 20, 1997, in Manassas, Virginia; and WHEREAS, there were no children born of the marriage; and WHEREAS, Husband and Wife have been and are now living separate and apart and they have no expectations of resuming marital relations; and WHEREAS, said parties desire to enter into this Agreement for the settlement of their property and marital affairs and to determine their respective and mutual rights, duties, obligations and liabilities relative to their marital property and marital relationship. NOW, THEREFORE, that, for and in mutual consideration ofthe covenants, promises and agreements contained herein, and intending to be legally bound, the parties agree as follows: 1. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as he or she shall respectively deem fit, free from any control, restraint or interference, direct or indirect, by the other. Neither party shall molest the other or endeavor the other to cohabit or dwell with him or her by any legal or other proceedings. 2. The parties mutually agree to have effected a satisfactory division of furniture, household furnishings, appliances, and other household personal property between them and they mutually agree each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether such property was owned jointly or individually by the parties. This Agreement shall have the effect of an assignment or a bill of sale from each party to the other for such property. 3. The parties were the owners of a tract of real estate improved with a resiqence situate at 1115 Saffron Drive, Hampden Township, Mechanicsburg, Cumberland County, Pennsylvania which was sold to Debra 1. Savidge on May 31, 2006. The parties agree that the net sale Gamble MSA - Final Draft 8/24/06 1 proceeds have been divided as follows: (1) the first $15,000.00 to Husband, and (2) fifty (50%) of the balance to each party. For the purposes ofthe present Agreement, "net sale proceeds" are calculated as follows: A. Purchase price received minus realtor's commission (if any); and minus the following: B. Mortgages, judgments, and any other outstanding liens or encumbrances (if any); and C. Customary settlement expenses, including transfer tax, preparation of deed; and D. Pro-ration of real estate taxes, dues, assessments and the like (if any). The parties further acknowledge and agree that the sum of$I,200.00 is being held by the buyer's counsel pursuant to an Escrow Agreement dated May 31, 2006, to ensure that certain work is completed, including, but not limited to, radon remediation. All costs associated with the completion of the work shall be shared equally by the parties and when the balance of the escrowed funds are released after the payment of all expenses incurred in completing the work, they shall be distributed evenly between the parties. Finally, the parties agree that any refund of funds being held in escrow by the mortgage company for real estate taxes and insurance shall be distributed evenly between the parties when it is received. 4. Wife shall be the sole and exclusive owner of the Erie Family Life Insurance Policy Number 839535 and Husband releases, relinquishes and waives any right, title or claim he may have in said policy, including, but not limited to, the cash surrender value and the right to be designated as beneficiary. This policy is intended to be Wife's sole and separate property. 5. Husband shall be the sole and exclusive owner ofthe Erie Family Life Insurance Policy Number 807108 and Wife releases, relinquishes and waives any right, title or claim she may have in said policy, including, but not limited to, the cash surrender value and the right to be designated as beneficiary. This policy intended to be Husband's sole and separate property. 6. Wife has accrued certain benefits as a result of her employment with Capital Blue Cross and Clarity Vision, some or all of which may be marital property. Husband releases, relinquishes and waives any and all interest he has in all of the benefits accrued by Wife, including, but not limited to, any amounts accrued in a defined benefit pension plan, all amounts contained in the Highmark Investment Plan, the right to receive a periodic or lump sum payment, now or in the Gamble MSA - Final Draft 8/24/06 2 " future, from these plans and the right to be designated as the beneficiary of these plans. All such benefits accrued by Wife as a result of her employment, before, during and after the marriage, are intended to remain her sole and separate property. 7. Wife is the owner of an IRA account with Morgan Stanley. Husband releases, relinquishes and waives any and all interest he has in this account, including, but not limited to, the right to a periodic or lump sum payment, now or in the future, and the right to be designated as the beneficiary of said account. This account is intended to be Wife's sole and separate property. 8. Husband has accrued certain benefits as a result of his employment with Harley- Davidson Motor Company, some or all of which may be marital property. Wife releases, relinquishes and waives any and all interest she has in all of the benefits accrued by Husband, including, but not limited to, all amounts accrued in the Retirement Annuity Plan for Salaried Employees of Harley-Davidson, all amounts contained in the Harley-Davidson Motor Company Retirement Savings Plan, the right to receive a periodic or lump sum payment, now or in the future, from these plans and the right to be designated as the beneficiary of these plans. All such benefits accrued by Husband as a result of his employment, before, during and after the marriage, are intended to remain his sole and separate property. 9. Husband is the owner of an IRA account with Morgan Stanley. Wife releases, relinquishes and waives any and all interest she has in this account, including, but not limited to, the right to a periodic or lump sum payment, now or in the future, and the right to be designated as the beneficiary of said account. This account is intended to be Husband's sole and separate property. 10. The parties are the owners of an investment account with Morgan Stanley, account number 410 016069, which is titled in joint names. The funds contained in this account are comprised of contributions of pre-marital assets as well as marital assets accrued during the marriage. Since the date of separation, the parties have withdrawn amounts from this account for their respective individual uses as well as for joint obligations. Husband has also deposited amounts in this account. All of the withdrawals and deposits have been disclosed and accounted for to each of the parties' satisfaction. The parties acknowledge that Husband has received more withdrawals than Wife. The parties agree that the assets contained in this account shall be divided Gamble MSA - Final Draft 8/24/06 3 ." evenly as of the date of distribution and that any adjustments and credits for Husband's excess withdrawals are hereby forgiven by Wife and accounted for in other areas of the distribution of the marital assets. The parties further agree that each shall be responsible for claiming fifty (50%) of all income, gain, or loss as a result of all transactions, including capital gain or loss, payment or dividends or interest which were incurred prior to distribution of the assets into two (2) individually titled accounts. Each party, furthermore, shall be responsible for all income tax consequences incurred after the distribution of the assets into two (2) individual accounts. 11. Each party shall be the sole and exclusive owner of any motor vehicle titled in his or her individual name and each shall be responsible for the payment of all expenses associated with the ownership of that vehicle from the date of separation, including, but not limited to, principal and interest on any loans, repairs, maintenance, fuel and motor vehicle insurance premiums. 12. Husband is the owner of a tract of real estate located in Potter County, Pennsylvania which was acquired prior to the marriage. Wife releases, relinquishes and waives any and all right, title or interest she may have in the value of this real estate, including any increase in value during the marriage, ifany. This asset is intended to remain Husband's sole and separate property. 13. Husband is the owner of an interest in four (4) acres of vacant land located on East Locust Street, Mt. Holly Springs, Cumberland County, Pennsylvania which was acquired after the parties' final separation. Wife releases, relinquishes and waives any and all right, title or interest she may have in the value ofthis real estate. This asset is intended to remain Husband's sole and separate property. 14. The parties acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources for their comfort, maintenance and support. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge, give up and release any and all rights and claims which they may now or hereafter have by reason of the parties' marriage, separation or divorce to alimony, alimony pendente lite, support or maintenance. From the date of separation it shall be the sole responsibility of each party to sustain himself or herself without seeking any support from the other. 15. From the date of final separation, each party shall be responsible for obtaining and Gamble MSA - Final Draft 8/24/06 4 paying for health insurance for himself or herself and each shall have no responsibility to do so for the other. 16. Except as otherwise provided herein, Husband and Wife covenant, warrant and represent that they have not incurred any debts or obligations, and will not incur any debt and obligation, for which the other party may be held liable now or in the future. Each party hereby agrees to pay and agrees to hold the other harmless from any and all personal debts and obligations incurred by such party subsequent to the date of the present Agreement. If any claim, action or proceeding is hereafter brought seeking to hold the other party liable on account of such debts and obligations of the other, such party shall at his or her sole expense, defend the other party against such claim, action or proceeding, whether or not well-founded, and shall indemnify the other party against any loss, cost and expenses resulting therefrom. 17. By this Agreement, the parties have intended to effectuate and by this Agreement have equally 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, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the equal 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 the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, such additional liability shall be divided equally between the parties. 18. Except as provided for herein, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest or claims in or Gamble MSA - Final Draft 8/24/06 5 " against the property (including the 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 contracts, engagements or liabilities of such other or 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, equitable distribution, costs or expenses, whether arising as a result of the marital relationship 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 provisions thereof It is the intention of Husband and Wife to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind and nature, real, personal and 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 Each party shall, 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 interest, rights and claims. It is the further intention of the parties to give each other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 19. The parties acknowledge that Wife has instituted an action in divorce in the Court of Common Pleas of Cumberland County, Pennsylvania indexed to No. 05-4087. In this regard, Husband and Wife mutually acknowledge and agree that their marriage is irretrievably broken and that they agree to the entry of a mutual consent, no-fault divorce decree in such action by said Court. Husband agrees, inter alia, to execute and deliver unto Wife's attorney Husband's Affidavit of Consent, in proper form, simultaneously with the execution of this Agreement. Gamble MSA - Final Draft 8/24/06 6 " 20. The parties acknowledge and agree that this Marriage Settlement Agreement shall be incorporated into the Decree of Divorce entered by the Court of Common Pleas of Cumberland County, Pennsylvania. The Agreement shall not merge in such decree, but shall in all respects survive the same and be forever binding and conclusive upon the parties. All provisions herein shall be binding upon both parties and enforceable by either party in accordance with the laws of this Commonwealth. 21. Each party to this Agreement acknowledges and declares that he or she respectively: A. Is fully and completely informed as to the facts relating to the subject-matter of this Agreement, and as to the rights and liabilities of both parties, and as to the holdings and assets of both parties; B. Enters into this Agreement free from fraud, undue influence, coercion or duress of any kind; C. Has given careful and mature thought in the making of this Agreement; D. Has carefully read each provision of this Agreement; E. Fully and completely understands each provision of this Agreement; F. Agrees that the provisions of this Agreement are fair, adequate, equitable, satisfactory and executed by both parties as final settlement and satisfaction of all claims and demands of any nature whatsoever, and after full and fair disclosure by the parties of all facts bearing upon and pertaining to the provisions of this Agreement including both parties' net worth. After consultation with their respective counsel regarding the options for use of legal services in divorce, the parties elected to use a Collaborative Law process to make the decisions necessary under the circumstances. Prior to commencing negotiations, the parties waived formal discovery unless they agreed otherwise. The collaborative law participation agreement under which the parties operated required the parties to commit to full and fair disclosure of all assets, incomes, debts and other information needed for full and complete settlement. Each party had the opportunity to request information and receive copies of any documents requested including, but not limited to, statements regarding investment, retirement, checking and savings accounts, deeds and real estate settlement sheets. Neither party wishes to make or append hereto any further enumeration or statement. Each party acknowledges that he or she is sufficiently familiar with the assets and income of the other to make an informed decision regarding the content of this Gamble MSA - Final Draft 8/24/06 7 agreement. Each party warrants that he or she is not aware of any marital asset which is not identified in this agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all property valued by means of appraisals or otherwise. In arriving at the agreement set forth in this agreement, Husband and Wife have applied their individual standards of reasonableness and acceptability. The conclusions they have reached are based in part on the respect and regard for each other. From time to time, in order to measure the appropriateness of their conclusions, the parties have considered what might happen if the matter were adjudicated in court but they have elected to make their final agreement without regard to whether a court might have adjudicated issues in the same manner as they have agreed here. Husband and Wife represented to one another throughout the collaborative law process that their negotiations were in good faith and that each had fully and completely disclosed all financial information necessary or requested in order to resolve the parties' property and support rights fairly. By their signature on this Agreement, they reaffirm those representations, upon which each of them has relied in making this Agreement. The parties acknowledge that no independent investigation has been made by their collaborative lawyers of the character or of the value of the parties' property, or the extent of debt or amount of income of the parties, other than an inspection of income tax returns and the documents voluntarily provided by the parties. The parties have instructed counsel that they desire to make this agreement without any further independent investigation by counsel. The parties understand and acknowledge that they are relying on their mutual disclosure in making this agreement and that they are not relying on their counsel for any independent verifications of the accuracy or completeness of these disclosures. Each party retains the right to assert a claim against the other for failure to fully and fairly disclose his or her income, assets and liabilities, if it is later determined that there has been a failure to disclose, including but not limited to, a claim of constructive trust. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Audrey E. Woloshin, Esquire ofKain, Brown & Roberts, LLP, 119 East Market Street, York, Pennsylvania for Husband and Constance P. Brunt, Esquire, 1820 Linglestown Road, Harrisburg, Pennsylvania for Wife. The parties acknowledge that each has Gamble MSA - Final Draft 8/24/06 8 received independent legal advice from counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980 as amended, and other applicable laws. Each party confirms that he or she fully understand the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing facts and circumstances. 22. It is possible that in the future Husband and Wife may have disagreements with one another concerning the interpretation of this Agreement and the resulting decree based on the Agreement. In keeping with their decision to utilize the Collaborative Law process for resolution ofthe issues set forth in this Agreement, the parties wish to not resort to any court before reasonable non-court alternatives have first been attempted to resolve any future issues. They have agreed that it is in their best interests to try to resolve informally any disputes that may arise in the future as set forth below, except in the case of urgent or emergency situations which would reasonably prevent such resolutions or make them impracticable, and they agree that they will seek resolution by the following steps: (a.) The parties first will attempt in good faith to confer with one another directly in an attempt to come to a fair and amicable resolution of any issue. (b.) If that is unsuccessful, then as the second step the parties agree to each retain collaborative counsel and reconvene the collaborative process pursuant to the Collaborative Participation Agreement previously signed by Husband and Wife and counsel in this proceeding, a copy of which is attached hereto marked as Exhibit "A" and incorporated herein by reference. (c.) If there is no resolution after these steps have been taken in good faith, either party may commence contested court proceedings. If either party breaches any provisions of this Agreement, the other party shall have the right to sue for damages for such breach, and the breaching party shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement or may seek such other remedies as may be available to him or her. 23. 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. 24. This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. Gamble MSA - Final Draft 8/24/06 9 25. If any provisions of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way. 26. The waiver of one party of any breach of this Agreement by the other party shall not be deemed to be a waiver of any subsequent breaches of any other provision of the Agreement. 27. This Agreement, except as otherwise expressly provided herein, shall be binding upon and shall inure to the benefit ofthe respective parties, heirs, executors, and administrators, successors and assigns, 28. A modification or waiver of any other 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 or similar nature. 29. Both parties hereby agree to make, acknowledge and deliver any and all documents which are necessary or appropriate to complete and perform the exchanges, transfers, agreements and arrangements provided for and/or acquired by this Agreement. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above mentioned. WITNESS: tifJ3r ~~ ;tJd/~ 9- /9-0(., TANYA L. GAMBLE Y~uU )(, ~ ! !J Gamble MSA - Final Draft 8/24/06 10 . . COMMONWEALTH OF PENNSYL VANIA SS COUNTY OF !JAttL On the If/IA -4ay Oft~006, before me, a Notary Public, the undersigned officer, personally appeared T ANY A L. GAMBLE known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. c1af NOT AR Y PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Constance P. Brunt, Notary Public SUSCluehanna Twp., Dauphin County My Commission Expires Oct. 20. 2009 COMMONWEALTHOFPENNSYLV~A SS COUNTY OF YORK (\~ ~p+ClY\bt"r- On the ~ day of August, 2006, before me, a Notary Public, the undersigned officer, personally appeared KRIS D. GAMBLE known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. &~ r? f1(Yl(ct- NOT AR Y PUBLIC NOTARIAL SEAL Stacey L. Houck, Notary Public York, York County My commission expires December 16, 2007 Gamble MSA - Final Draft 8/24/06 11 __, , CI~~ ~ o (; ~,... r-..:t = \::.> cr- (/) r-q --0 N N ~ -4 :r::o rn..-: -0 iT16 -0 q .. :c~; 00 -;::, rn ~ ~ :..c;, -0 :J1,': N ., c.n , 'to Constance P. Brunt, Esquire Supreme Court 10 #29933 Beaufort Professional Center 1820 Llnglestown Road Harrisburg, PA 17110 (717) 232-7200 cpbruntC8!cpbruntlaw.com TANYA L. GAMBLE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW NO. 05 - 4087 CIVIL KRIS D. GAMBLE, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on August 10, 2005. 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. , " 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: 9- /9 -0 (p ~L /e:/~ TANYA L. GAMBLE, Plaintiff (") c ~ff, 7i' SJ:i- ~ ,),;;=- -- ~~~ ~ f"'..:l = = 0'"'" (/) rt -0 N N o -n ~ rl1 :n -oFn -",06 o '-\ } ~:r; (J_.J -,:;' (") om -'-'I ?b -< -0 :J: ~ UI I. ~ Constance P. Brunt, Esquire Supreme Court 10 #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232.7200 cpbrunt@cpbruntlaw.com TANYA L. GAMBLE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW NO. 05 - 4087 CIVIL KRIS D. GAMBLE, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 13301 (C) AND 13301 (Q) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree In 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. w _. .. 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. 94904 relating to unsworn falsification to authorities. DATE: 9-/9-0 ~ ~c -I d~ TANYA L. GAMBLE, Plaintiff (") c: -~~~ \"",' \"):' ~.~L~: '!::; ;;..~- 0}r' _ot~. I < 1.-..... '~-r L.,., :P ,....., = c::..? ct'"' (/) rt1 -0 N N -0 --.,," -"'" ~ ~-n rt1r=: -om :D9 06 ::;j -f", -(") :II - (") 2m ~ ~ =< l):> CJI t. - Constance P. Brunt, Esquire Supreme Court 10 #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 cpbrunt@cpbruntlaw.com TANYA L. GAMBLE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW NO. 05 - 4087 CIVIL KRIS D. GAMBLE, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on August 10, 2005. 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. ,( --.. 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: ~~~ Q ~ .c.",_ '0\J. e;L~ ~;;'f"" ~-= 1~: J::.,~--. ~t:~ ~ .-< ~ c:::> CF' ~ -0 N N -0 :::: ~ -\ ?fi:P -oh1 :at? go -:t:~ 00 2~rn 9 ~ ~ N .. - (..n ."... Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 cpbrunt@cpbruntlaw.com TANYA L. GAMBLE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW NO. 05 - 4087 CIVIL KRIS D. GAMBLE, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301 (C) AND ~3301 (Q) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree In 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: ~~~ o r- ,- <" S?t~:: (~':. ~p .c. ,'-~ f~ ~'-'. .1>(=::: Z --I -< f',,) <::3 = <7' (/) rr1 -0 N N a If ...... fii:n -o1Ti ~? ;:l~ (5 -d 20 Om ~ -< -0 :x '>? (.01 .. .... Constance P. Brunt, Esquire Supreme Court 10 #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232.7200 cpbrunt@cpbruntlaw.com TANYA L. GAMBLE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW NO. 05 - 4087 CIVIL KRIS D. GAMBLE, 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: Irretrievable breakdown under Section 3301 (c) or 3301(d)(1) of the Divorce Code. 2. Date and manner of service of the Complaint: certified mail, return receipt requested, restricted delivery, on August 30, 2005. See Certificate of Service filed September 6, 2005. 3. Complete either paragraph (a) or (b). I{' "" (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff on September 19, 2006 ; by Defendant on September 8, 2006. (b)(1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/A; (2) Date of filing and service of the Plaintiffs Affidavit upon the Defendant: N/A. 4. Related claims pending: None. 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: N/A. (b) Date Plaintiffs Waiver Of Notice was filed with the Prothonotary: September 21,2006. Date Defendant's Waiver Of Notice was filed with the Prothonotary: September 21,2006. Respectfully submitted, DATE: 9/~/dp a~ CONSTANCE P. BRUNT, ESQUIRE Supreme Court 1.0. No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Plaintiff (') c: ~ -0 C""! g;r.f: :;"::'f" ~~.~ . c::: .~~~ ./ ..::i ..-(' ", c::;:, = 0" en f"r1 -0 N N -0 :x ~ o " :i! ",:D -chi :00 0.1. '-iCJ I-f; ,-:) -n ~~ ~ ~D -< Ul <f.<f.i1i<f. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY PENNA. STATE OF TANYA L. GAMBLE, Plaintiff No. 05-4087 CIVIL TERM VERSUS KRIS D. GAMBLE. Defendant DECREE IN DIVORCE AND NOW'~~ 'Z..., , 2006 , IT IS ORDERED AND DECREED THAT TANYA L. GAMBLE , PLAINTIFF, AND KRIS D. GAMBLE , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE ROTHONOTARY iIiili i1iili~i1iili~i1i~ i1i~i1iili~i1iili~i1iiliiliili~~i1iiliiliiliiliiliiliiliiliili~i1iiliiliiliiliiliiliiliiliiliiliiliiliiliiliiliiliiliiliiliiliili<f. i1i<f.i1iili iIi J. . ~ ~ ~ ~ 'j(7-!Je'p ~~~~~-rt 7(/'/iC'-6 , .... . ' .