HomeMy WebLinkAbout06-3094' 1:\Client Directory\Cunninghta Gail\Pleadings\Divoree Pleadmgs\Divorce Complaint.wpd
MARIA P. COGNETM & ASSOCIATES
KRISTOPHER T. SMULL, ESQUIRE
Attorney I.D. No. 69140
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No.(717)909-4060
May 26, 2006
Attorneys for Plaintiff
GAILL L. CUNNINGHAM,
Plaintiff
IN THE COURT OF
CUMBERLAND CC
PLEAS
, PENNSYLVANIA
V.
JOHN A. CUNNINGHAM, JR.,
Defendant
NO. (9G _ 3a9y
CIVIL ACTION - LA
IN DIVORCE
You have been sued in Court. If you wish to defend against the c
pages, you must take prompt action. You are warned that if you fail
proceed without you and a Decree of Divorce or annulment may be
Court. A judgment may also be entered against you for any other cl;
papers by the Plaintiff. You may lose money or property or other ril
When the ground for divorce is indignities or irretrievable breakdo
request marriage counseling. A list of marriage counselors is availabl
Prothonotary at the Cumberland County Courthouse, One Courthouse
Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR AA
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT
7u
ms set forth in the following
do so, the case may
ered against you by the
i or relief requested in these
important to you.
n of the marriage, you may
in the office of the
Square, Carlisle,
PROPERTY,
LMENT IS
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 ET LEGAL HELP.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800) 990-9108
LThent Duectory\Cumringham-Gail\Plmdings\Divorce Pleadings?Divome Complaint.wpd
MARIA P. COGNETTI & ASSOCIATES
KRISTOPHER T. SMULL, ESQUIRE
Attorney I.D. No. 69140
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Plaintiff
GRILL L. CUNNINGHAM,
Plaintiff
V.
JOHN A. CUNNINGHAM, JR.,
Defendant
IN THE COURT OF
CUMBERLAND CC
NO. 66 • 3b9y
CIVIL ACTION - LAW
IN DIVORCE
OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, Gaill L. Cunningham, by
May 26, 2006
LION PLEAS
', PENNSYLVANIA
7i'_
through her attorney,
Kristopher T. Smull, Esquire, with this Complaint in Divorce, of whi h the following is a statement:
1. Plaintiff is Gaill L. Cunningham, an adult individua ,who has resided at 909
Grahams Woods Road, Newville, Cumberland County, Pennsylvania 7241, for the last fifteen
(15) years.
2. Defendant is John A. Cunningham, Jr., an adult
909 Grahams Woods Road, Newville, Cumberland County,
twenty-five (25) years.
3. Plaintiff and Defendant have been bona fide
at least six (6) months immediately previous to the filing of this
4. The Plaintiff and Defendant were married on
who has resided at
17241, for the last
in the Commonwealth for
28, 1993 in Cumberland
County, Pennsylvania.
I.NClient Dirmtory\Cunningham-Gail\Pieadings\Divoree PleadingslDivome Complaint.wpd
5.
parties.
6.
7.
8.
There have been no prior actions of divorce or for
Neither of the parties in this action is presently a
May 25, 2006
between the
of the Armed Forces.
The Plaintiff and Defendant are both citizens of thO United States.
Plaintiff has been advised of the availability of
may have the right to request the Court to require the parties to pa
Being so advised, Plaintiff does not request that the Court require
counseling prior to a divorce decree being handed down by the
9. Plaintiff avers that there are two (2) children
counseling and that she
in such counseling.
parties to participate in
under the age of
eighteen (18), namely: Amber Cunningham, born August 10, 1991 (a?e 14); and Colten
Cunningham, born, December 31, 1992 (age 13).
COUNT I - DIVORCE
10. The Plaintiff avers that the grounds on which the ai
That the marriage is irretrievably broken.
11. During the marriage, Plaintiff and Defendant have
marital property, both real and personal, which are subject to
35 of the Divorce Code.
is based are as follows:
various items of
distribution under Chapter
1.\Client Dimctory\Cunningham-Gail\Pleadings\Divome Pleadings\Divome Complaint.wpd May 25, 2006
ATTORNEY'S FEES AND COSTS
12. Plaintiff lacks sufficient property to provide for h reasonable needs.
13. Plaintiff is unable to sufficiently support herself ough appropriate
employment.
14. Defendant has sufficient income and assets to pro de continuing support for
the Plaintiff.
15. By reason of this action, Plaintiff will be put to co siderable expense in the
preparation of her case in the employment of counsel and the payme t of costs.
16. The Plaintiff is without sufficient funds to support erself and to meet the costs
and expenses of this litigation and is unable to appropriately maintai herself during the pendency
of this action.
17. Plaintiffs income is not sufficient to provide for he reasonable needs and pay
her attorney's fees and the costs of this litigation.
18. Defendant has adequate earnings to provide for the laintiffs support and to
pay her counsel fees, costs and expenses.
WHEREFORE, Plaintiff requests this Honorable Court:
(a) Enter a Decree in Divorce;
(b) Equitably distribute all property, both personal and eal, owned by the parties;
(c) Compel the Defendant to pay alimony pendente lit e to Plaintiff;
(d) Grant Plaintiff attorney's fees and costs;
I:1Client Directory\Cunningbam-Gail\Plmdings?Divorce PlmdingsTivome Complaint.wpd
(e) Compel the Defendant to pay post-divorce
(f) Grant such further relief as the Court may deem
Respectfully Submitted:
Date: May 26, 2006 By:
MARIA P. COGNETTI
Attorney I.D. No. 69140
May 25, 2006
to the Plaintiff, and
and just.
ASSOCIATES
ESQUIRE
210 Grandview Avenue, Sui e 102
Camp Hill, PA 17011
Telephone No. (717) 909-4000
Attorney for Plaintiff
VERIFICATION
I, Gaill L. Cunningham, hereby verify and state that the facts
document are true and correct to the best of my information,
that false statements herein are made subject to the penalties of 18
unworn verification to authorities.
Date: 51 a (' `N
Gaill L. Cunningham
forth in the foregoing
and belief. I understand
C.S.A. §4904 relating to
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i'
GAILL L. CUNNINGHAM,
Plaintiff
V.
JOHN A. CUNNINGHAM, JR.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-3094 Civil Term
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF ACCEPTANCE OF SERVICE
I, JAMES A. MILLER, ESQUIRE, do hereby accept service of a true and correct copy of
the Complaint in Divorce directed to my client, JOHN A. CUNNINGHAM, JR., Defendant in the
above-captioned matter, pursuant to Pennsylvania Rule of Civil Procedure No. 402(b).
Respectfully submitted,
DATE: ` q 4 e &LdOO By:
r, Esquire
James A. Mil ILILC
Miller Lipsit 2157 M ke Street
Camp I it A i701 1
Counse r Defendant, John A
Cunningham, Jr.
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JOHN A. OU' 'OHW M,
Defmdad
j?'? THE COURT OF COMMON PIXAS
s
PTO. 46. 3o9`1''
IN DIVORCE
POST NUPTIAL AND PROPERTY SETTLEMENT
AGREEMENT BY AND BETWEEN
GAILL L CUNNINGHAM &
JOHN A CUNNINGHAM, JR.
Maria P Cognetti & Associates
Kristopher T Smull, Esquire
21o Grandview Avenue Suite 102
Camp Hill PA 17011
717 909 4o6o
Atttorney for Plaintiff
Miller Lipsitt LLC
James A Miller, Esquire
2157 Market Street
Camp Hill PA 17011
717 737 6400
Attorney for Defendant
oLp
DATE: o2 6
TABLE OF CONTENTS
1. SEPARATION AND NON INTERFERENCE .......................................................... 3
2. RECONCILIATION ................................................................................................... 4
3. ENFORCEMENT ....................................................................................................... 5
4. SPOUSAL SUPPORT, ALIMONY, ALIMONY PENDENTE LITE (APL), &
COSTS AND EXPENSES .................................................................................................. 6
ALIMONY - From Husband to Wife ............................................................................. 7
WIFE'S HEALTH INSURANCE ............................................................. . 7
CHILD SUPPORT ..................................................................................... . 8
CHILDREN'S HEALTH INSURANCE ................................................... . 9
TAX EXEMPTION ................................................................................... . 9
HUSBAND'S PRUDENTIAL LIFE INSURANCE POLICY .................. . 9
DOMESTIC RELATIONS SUPPORT ACTION ..................................... . 9
5. EQUITABLE DISTRIBUTION ............................................................................... 11
A. WAIVER OF PERSONAL 1) MARITAL, TANGIBLE AND INTANGIBLE,
ASSETS AND 2) NON-MARITAL, TANGIBLE AND INTANGIBLE, ASSETS.... 11
CEMETERY LOTS .................................................................................. 11
1 CASH PAYMENT(S) TO WIFE: .................................................................... 11
2 JOHN'S MOBILE REPAIR SERVICE, Inc and SSAC ENTERPRISES, LLC
12
3. VEHICLES ....................................................................................................... 13
4 REAL ESTATE - 909 Grahams Wood Road: ................................................. 13
B. INTENT ................................................................................................................ 14
ADDITIONAL DOCUMENTS ................................................................ 14
TAXES ...................................................................................................... 14
6. AFTER ACQUIRED PROPERTY: .......................................................................... 15
7. DEBTS ...................................................................................................................... 15
A. Wife's Debts .......................................................................................................... 15
B. Husband's Debts .................................................................................................... 15
WIFE'S RELEASE FROM DEBTS ....................................................... 15
C. Indemnification ..................................................................................................... 16
8. FULL DISCLOSURE ............................................................................................... 16
9. RELEASES ............................................................................................................... 18
10. BREACH .................................................................................................................. 18
11. REPRESENTATION ................................................................................................ 19
12. VOLUNTARY EXECUTION .................................................................................. 19
13. ENTIRE AGREEMENT :.......................................................................................... 20
14. PRIOR AGREEMENT ............................................................................................. 20
15. MODIFICATION AND WAIVER ........................................................................... 20
16. GOVERNING LAW ................................................................................................. 20
17. INDEPENDENT SEPARATE COVENANTS ........................................................ 20
18. VOID CLAUSES ...................................................................................................... 20
19. CONSENTS TO DIVORCE ..................................................................................... 21
20. DISTRIBUTION DATE ........................................................................................... 21
21. DATE OF EXECUTION/COUNTERPARTS ......................................................... 21
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this P"f-day of , 2oo6, by
and between John A Cunningham, Jr hereinafter called "Husband", and Gaill L
Cunningham, hereinafter called "Wife".
WHEREAS, Husband and Wife were lawfully married on August 23 1993
in Cumberland County, Pennsylvania;
WHEREAS, differences have arisen between the parties and it is the
intention of Wife and Husband to live separate and apart, and the parties hereto
desire to settle fully and finally their respective financial and property rights and
obligations as between each other including, without limitation by specification:
the settling of all matters between them relating to the ownership and equitable
distribution of real and personal property; the settling of all matters between
them relating to the past, present and future support, alimony and/or
maintenance of Wife by Husband or of Husband by Wife; and in general, the
settling of any and all claims and possible claims by one against the other or
against their respective estates;
WHEREAS, neither party admits that this action is a result of his or her
actions that may give rise to a fault divorce pursuant to 23 Pa.C.S.A. section
33o1(a);
NOW THEREFORE, in consideration of the premises and of the mutual
promises, covenants and undertakings hereinafter set forth and for other good
and valuable consideration, receipt of which is hereby acknowledged by each of
the parties hereto, Wife and Husband each, intending to be legally bound hereby
covenant and agree as follows:
1. SEPARATION AND NON INTERFERENCE:
It shall be lawful for each party at all times hereafter to live separate and
apart from each other at such place as he or she from time to time shall choose or
deem fit. The foregoing provision shall not be taken as an admission on the part
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of either party of the lawfulness or unlawfulness of the causes leading to their
living apart.
Each party shall be free from interference, authority and control by the
other, as fully as if he or she were single and unmarried, except as may be
necessary to carry out the provisions of this Agreement. Neither party shall
molest or attempt to endeavor to molest the other, or in any way harass or malign
the other, nor in any other way interfere with the peaceful existence, separate and
apart from the other.
The parties are the natural parents of two children namely, Amber
Cunningham, DOB 8/10/91 and Colten Cunningham, DOB 12/31/92. Wife filed
to Cumberland County Court of Common Pleas, Cumberland County,
Pennsylvania, docket number o6-3804, a complaint in custody whereby at the
time of execution hereof, a temporary order of court dated August 10,, 2oo6, was
entered. The custody matter shall continue to be governed pursuant to the
docket so referenced.
Wife also filed an action in support against Husband to Cumberland
County Court of Common Pleas, Cumberland County, Pennsylvania, docket
number o6-o0577 S 2oo6 Domestic Relations, PACSES Number 2981o8424.
The support matter shall continue to be governed pursuant to the docket so
referenced or as so provided herein but, the August 25, 20o6, Interim Order shall
be modified in accordance with the terms set forth hereinbelow in section 4.
2. RECONCILIATION:
This Agreement shall not be deemed to have been waived, extinguished,
discharged, terminated, invalidated or otherwise affected by a reconciliation
between the parties hereto, cohabitation between the parties, a living-together or
resumption of marital relations between them. They shall not be deemed to have
reconciled with the intention of vitiating or terminating this Agreement unless
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they make such actions through a written instrument, executed and
acknowledged in the same manner as this Agreement.
3. ENFORCEMENT:
The parties acknowledge that Wife filed to Cumberland County Court of
Common Pleas, Cumberland County, Pennsylvania, docket number o6-3094 Civil
Term, a no-fault divorce action pursuant to section 3301(c) of the Pennsylvania
Divorce Code, including counts for Equitable Distribution, Alimony, Alimony
Pendente Lite, Attorney's Fees and Costs and counsel for Husband accepted
service of the complaint on behalf of Husband on June 20, 2006.
Wife's counsel shall prepare and submit accurate Affidavits of Consent and
Waivers of Notice for the parties to execute simultaneously with their respective
executions of the herein agreement and promptly thereafter, forward the
Praecipe to Transmit the Record to the court for final entry of the Decree in
Divorce. Wife acknowledges that there are certain obligations that Husband has
agreed to undertake in this agreement which trigger upon certain events
occurring; accordingly, Wife shall timely perform the procedures and
submissions required by the court in order to obtain the final decree.
It is specifically understood and agreed by the parties that the provisions
of this agreement relating to equitable distribution of property and all other
matters contained herein including but not limited to support, alimony, alimony
pendente lite, counsel fees, costs and/or expenses are accepted by each party as a
final settlement for all purposes whatsoever, as contemplated by the
Pennsylvania Divorce Code. Each party shall execute any and all documents
which may require his or her signature for the purpose of effectuating all of the
terms and conditions of this Agreement so as to give full force and effect to this
Agreement.
Should a decree, judgment or order of separation or divorce be obtained
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by either of the parties in this or any other state, country or jurisdiction, each of
the parties hereby consents and agrees that this Agreement and all of its
covenants shall not be affected in any way by any such separation or divorce; and
that nothing in any such decree, judgment, order or further modification or
revision thereof shall alter, amend or vary any term of this Agreement. It is
specifically agreed, however, that a copy of this Agreement or the substance of the
provisions thereof, may be incorporated by reference into any divorce, judgment
or decree. This incorporation, however, shall not be regarded as a merger, it
being the specific intent of the parties to permit this Agreement to survive any
judgment and to be forever binding and conclusive upon the parties.
4. SPOUSAL SUPPORT, ALIMONY, ALIMONY
PENDENTE LITE (APL), & COSTS AND EXPENSES:
Husband and Wife hereby acknowledge that they have been advised that
each may have the right to assert a claim for spousal support, alimony, alimony
pendent lite, costs and/or expenses. Further, Husband and Wife acknowledge
that they understand that said rights are available in the divorce action. Husband
and Wife further acknowledge that they are aware of the income, education,
income potential, and assets and holdings of the other or have had full and ample
opportunity to become familiar with such items. Nevertheless, Husband and
Wife acknowledge that they are able to support and maintain themselves
comfortably, without contribution from the other beyond that as provided for in
this Property Settlement Agreement, upon the income and assets owned by each
of them. Husband's 2005 tax return has been received and reviewed by Wife and
Wife's counsel and Wife's income information has been reviewed by Husband
and Husband's counsel. In the opinion of Husband and Wife, the negotiated
support terms herein take into consideration their respective incomes and assets
and debts as disclosed and as distributed herein.
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Husband and Wife hereby accept the mutual covenants and terms of this
Agreement and the benefits and properties passed to them hereunder in lieu of
any and all further rights to support or alimony for themselves, counsel fees, and
alimony pendente lite at this time and during any and all further or future actions
of divorce brought by either of the parties hereto and the parties do hereby
remise, release, quit claim, and relinquish forever any and all right to support,
alimony, alimony pendente lite, counsel fees and expenses beyond those provided
for herein, during the pendency of or as a result of any such actions, as provided
by the Divorce Code of Pennsylvania or any other applicable statute, at this time
and at any time in the future.
ALIMONY - From Husband to Wife
Commencing upon the execution hereof, Husband hereby agrees that he
shall pay to Wife in the form of alimony the sum of Eight Hundred ($800.00)
Dollars and no cents per month. Husband's alimony obligation to Wife shall
terminate one hundred twenty (120) consecutive months from December 31 2010
(the date upon with the parties' youngest child will/would turn 18). Said
payments shall be deductible by Husband and declared as income by Wife for
purposes of filing their respective annual tax returns. Said alimony obligation
shall also terminate at anytime after the execution hereof in the event of Wife
cohabitating with a member of the opposite sex, remarriage or death.
WIFE'S HEALTH INSURANCE: Additionally, Husband shall continue to
keep in full force and effect his health insurance policy coverage on Wife until the
final decree in divorce is entered at which time Husband shall then pay for the
premiums on a health insurance policy for Wife commensurate with the terms
and conditions of her current coverage and at the time of execution of this
agreement. Husband's payment of said premiums for Wife's health insurance
coverage shall be for a period of sixty (60) consecutive months from the date of
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the final decree in divorce being entered. Husband's payments for Wife's health
insurance shall not be considered as income to Wife and shall not be a
permissible deduction by Husband on their respective annual tax return filings.
CHILD SUPPORT:
Husband shall pay to Wife the total monthly child support sum of
$1600.0o per month in accordance with the following terms:
1. commencing upon the execution hereof through the period in which
the parties' son, Colten, attains the age of 18, and so long as the
parties share physical custody or Wife has primary custody of
Colten, then Husband shall pay to Wife $800.0o per month
through Cumberland County Domestic Relations Section o6-00577
S 2006.
2. in addition, so long as the parties share physical custody or Wife
has primary custody of the parties' daughter, Amber, then Husband
shall pay to Wife an additional $800.0o per month until Amber
turns 18 years of age or graduates from high school, whichever shall
last occur.
3. the parties acknowledge that the child support provision(s) herein
are negotiated terms of settlement and wholly take into
consideration the alimony and equitable distribution provisions
herein. Further, the structure and design of the alimony
provision(s) and equitable distribution provision(s) take into
account the child support consideration hereunder. While the
parties acknowledge that child support can not be bargained away
by either party, the financial provisions as set forth herein
adequately consider the parties finances and circumstances and
thus constitute satisfactory support figures in the opinion of the
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parties. It is the intention of the parties to not petition to modify
support and have intended for this agreement by its design to
effectuate sufficient financial consideration in order to avoid such
modifications.
CHILDREN'S HEALTH INSURANCE: Additionally, Husband shall
remain liable for:
1. the health insurance premiums on the children until each:
a. turns 18;
b. graduates high school; and/or
c. throughout the course of their college education years - husband's
obligation under such circumstances shall be limited to the normal,
ordinary four (4) year college education curriculum. Husband's
obligation for said premium coverage shall terminate in the event
either child voluntarily interrupts his or her college education.
2. Husband shall remain solely liable for the current orthodontics bill in the
approximate amount of $3400.00.
TAX EXEMPTION: Wife shall be entitled to claim the children on Wife's tax
returns during the minority of each child.
HUSBAND'S PRUDENTIAL LIFE INSURANCE POLICY: During the effective
term of Husband's obligations as set forth herein, he shall maintain in full force
and effect his Prudential Life Insurance policy in an equal amount commensurate
with the balance of his child support and alimony obligations as set forth
hereunder along with any balance(s) due pursuant to equitable distribution
defined hereinbelow. Husband shall upon Wife's request, but no more than one
(1) time per calendar year, provide to Wife evidence that said policy is paid in full
and in full force and effect.
DOMESTIC RELATIONS SUPPORT ACTION: The parties agree that the
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current Interim Order in support arising from Wife's case docketed to
Cumberland County Court of Common Pleas, Cumberland County, Pennsylvania,
docket number o6-00577 S 2006 Domestic Relations, PACSES Number
298108424, shall continue for the purposes of Husband's payments to Wife as
defined herein. The terms hereof shall be incorporated into the existing case and
shall modify the existing order accordingly which is presently pending appeal and
scheduled for a de novo hearing before Master Rundle on November 20, 2006, at
1:30 pm. Wife shall take immediate action in terminating the appeal and
Husband shall concur with the termination request.
Child and spousal support arrears shall be assessed against Husband from
the date of Wife's filing of her complaint in support at domestic relations at the
rate of $2400.00 per month and shall be adjusted according to the time frames
and events as set forth herein; in particular, the attainment of the age of 18 by
each child . All payments from Husband to Wife from the date of filing through
the date of execution hereof shall be credited against the outstanding arrears
balance. Husband shall pay to Wife the total, adjusted arrears balance within
thirty (30) days of execution hereof.
In the event either party were to breach the terms of support as set forth in
this agreement, then the non-breaching parry shall not require the breaching
parry's consent to file a complaint in support or modification thereof in seeking
the entry of an order consistent with the terms hereof and the enforcement of the
same through domestic relations. The alleged breach shall be assessed in
accordance with the "reasonable man standard" and shall not be established by a
subjective interpretation.
Each party shall be responsible for their respective fees, expenses and
costs associated with this case excepting anything provided in this agreement to
the contrary. Neither party shall be obligated to pay the other's fees, expenses
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and/or costs. In the event Wife remarries, cohabitates with a member of the
opposite sex and/or dies, Husband's alimony obligation set forth herein shall
automatically terminate by operation of law.
5. EQUITABLE DISTRIBUTION:
A. WAIVER OF PERSONAL 1) MARITAL, TANGIBLE AND
INTANGIBLE, ASSETS AND 2) NON-MARITAL, TANGIBLE
AND INTANGIBLE, ASSETS:
Husband and Wife do hereby acknowledge that they have heretofore
divided to their mutual satisfaction all non-marital and marital assets including,
but without limitation, business interests without limitation, corporations,
partnership(s), limited liability companies, inheritance(s), jewelry, clothing,
guns, brokerage accounts, stocks, bonds, life insurance policies or other
securities, Individual Retirement Accounts, checking and savings accounts,
mutual funds, and other assets whether real, personal or mixed, tangible or
intangible.
CEMETERY LOTS: The parties acknowledge that they are the owners of
two (2) cemetery lots at the time of execution of this agreement that are currently
title in Wife's name yet, it is Husband and Wife's respective, specific intent to
each retain one (1) lot for himself and herself and they shall each cooperate fully
in effectuating this intent at anytime either is called upon to do so.
Husband and Wife further acknowledge and agree that the assets in the
possession of the other spouse shall be that spouses sole and separate property,
each party hereto specifically waiving, releasing, renouncing and forever
abandoning whatever claim, if any, he or she may have with respect to any of the
foregoing items which are the sole and separate property of the other.
1 CASH PAYMENT(S) TO WIFE:
Husband shall pay to Wife the sum of $500,000.oo. Husband's initial
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payment of $300,000.00 shall be received by Wife within thirty (3o) days of
execution hereof. The $20o,ooo.oo balance shall be paid to Wife over four (4)
consecutive years commencing January 20o8 with the initial installment due in
the amount of $12,500.oo and for each quarter thereafter (April, July, October
payments of $12,500.oo each), Husband shall pay $12,500.00 to Wife for a total
annual payment to Wife of $50,000.00. Husband's payments to Wife shall be
$12,500.00 in advance on a quarterly basis and shall be paid in full with the final
payment being received by Wife October 2011.
Wife understands that Husband shall obtain financing in order to pay Wife
her initial installment and accordingly, Wife hereby agrees to grant Husband and
his lender, M&T Bank, reasonable time in order to complete the lender's due
diligence and settlement. In no event shall Wife's initial payment extend beyond
November 30, 2oo6. Should Husband fail to pay to Wife said sum on or before
November 30, 2oo6, then:
1 Wife shall have the right to immediately petition the court for the
liquidation of sufficient assets named herein in order to cover said
payment to Wife; and,
2 Husband shall pay all reasonable costs, fees, and expenses incurred by
Wife in enforcing her rights in this regard.
The parties acknowledge that the foregoing payments in Equitable
Distribution to Wife shall not be considered as income to Wife.
2 JOHN'S MOBILE REPAIR SERVICE, Inc and SSAC
ENTERPRISES, LLC:
Wife hereby waives any and all past, present and/or future right, title,
interest and/or claim she may make to Husband's business known as John's
Mobile Repair Service, Inc., 1511 East Commerce Avenue, Carlisle, Pennsylvania
17013, including all personal and real property associated therewith regardless of
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title, as well as the limited liability company owned by Husband namely, SSAC
Enterprises, LLC, and assets associated therewith including but not limited to
the real property known as 1513 East Commerce Avenue, Carlisle, Pennsylvania
17013.
Wife shall execute upon request all Deeds and any other document relating
to the businesses and real property reflecting her relinquishment, waiver and
abandonment forever of right, title, claim and/or interest Wife may have therein.
Husband shall indemnify and hold Wife harmless for all past, present and future
indebtedness on the premises and any unidentified debts associated therewith as
well as all costs/expenses/fees associated with the collection thereof, if any.
3. VEHICLES:
Wife shall retain the Dodge pickup that the parties have already transferred to
Wife solely which has no debt associated therewith in that Husband has paid it
off entirely. Husband shall waive all right, title and interest he may have therein.
All other vehicles of any nature, whether car, truck, motorcycle, and/or 4
wheeler, etc., owned by the parties individually and/or jointly shall remain
Husband's sole and separate property with Husband indemnifying and holding
Wife harmless thereon. Wife does hereby waive all right, title and interest she
may have unto said vehicles retained by Husband.
4 REAL ESTATE - 909 Grahams Wood Road:
Husband is the owner of gog Grahams Wood Road, Newville, Upper Frankford
Township, Cumberland County, Pennsylvania 17241 (referred to herein as the
"premise"). Wife hereby conveys unto Husband any and all past, present and/or
future right, title and interest she may have therein and shall execute upon
request a Deed reflecting her relinquishment, waiver and abandonment forever.
Husband shall indemnify and hold Wife harmless for all past, present and future
indebtedness on the premise and any unidentified debts associated therewith as
well as all costs/expenses/fees associated with the collection thereof. Wife shall
I have read and understand the contents on this page. de'JAC. Jr CCU GLC 13
not be required to reimburse Husband for the funds she removed from the
parties' equity line of credit at the time she departed the marital residence and
Husband does hereby by the execution hereof agree to waive his right to receive
any reimbursement from Wife for such removal of funds in the approximate
amount of $12,500.
B. INTENT:
This Agreement is intended to distribute all property of the parties,
whether real or personal, and whether determined to be separate or marital
property. In the event that any property may be omitted from this Agreement, it
is understood and agreed that the person having possession and/or title to such
property following the execution of this Agreement shall be deemed the owner
thereof and each of the parties will execute any and all legal documents without
any charge therefor to evidence title to such property in the other party.
ADDITIONAL DOCUMENTS: Each of the parties shall on demand execute
and deliver to the other any deeds, documents, records or closing statements
relating to the sale of real estate under this Agreement, bills of sale, assignment,
consents to change of beneficiary on insurance policies, tax returns and other
documents and do or caused to be done any other act or thing that may be
necessary or desirable to the provisions and purposes of this Agreement.
The parties understand and agree that Wife's obligation to execute
documentation to reflect the intent expressed herein shall be coupled with
Husband's obligation to have Wife released from all obligations associated with
the particular property that the instrument so transfers. Once such release is
obtained or is evidenced by appropriate documentation that such release shall be
entered, Wife shall execute such documentation.
TAXES: Husband hereby agrees to pay all income taxes assessed against
him, if any, as a result of the division of the property of the parties hereunder.
I have read and understand the contents on this page.(LA!jfJ,4C, Jr C' . GLC 14
Wife hereby agrees to pay all income taxes assessed against her, if any, as a result
of the division of the property of the parties hereunder.
6. AFTER ACQUIRED PROPERTY:
Each of the parties shall hereafter own and enjoy, independently of any
claim or right of the other, all items of property, be they real, personal or mixed,
tangible or intangible, which are hereafter acquired by him or her, 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.
The parties hereby agree that, as to all assets not specifically mentioned
herein which are presently titled in the sole name of one of the parties hereto or,
if untitled, are presently in the sole possession of one of the parties hereto, the
party not having title thereto or possession thereof hereby waives, releases,
relinquishes and forever abandons any and all claims therein, and acknowledges
that the party having title or possession of such items shall be the sole and
exclusive owner thereof.
7. DEBTS:
A. Wife's Debts_ Wife represents and warrants to Husband that
since the parties' separation she has not and in the future she will not contract or
incur any debt or liability for which Husband or his estate might be responsible
and shall indemnify and save harmless Husband from any and all claims or
demands made against him by reason of debts or obligations incurred by her.
B. Husband's Debts: Husband represents and warrants to Wife
that since the parties' separation he has not and in the future he will not contract
or incur any debt or liability for which Wife or her estate might be responsible
and shall indemnify and save harmless Wife from any and all claims or demands
made against her by reason of debts or obligations incurred by him.
WIFE'S RELEASE FROM DEBTS: Further, Husband shall have Wife
I have read and understand the contents on this page J C, JrCgLO 15
removed and/or released within thirty (3o) days from the date of execution
hereof from all debts wherein Wife with Husband is jointly obligated as either a
mortgagor, borrower and/or surety/guarantor.
C. Indemnification:All further debts incurred by the parties shall
be their individual responsibility. Each party represents and warrants to the
other that he or she has not incurred any debt, obligation, or other liability, other
than described in this Agreement, on which the other party is or may be liable.
Each party covenants and agrees that if any claim, action or proceeding is
hereinafter initiated seeking to hold the other party liable for any other debts,
obligations, liability, act or omission of such party, such party will at his or her
sole expense, defend the other against any such claim or demand, whether or not
well-founded, and that he or she will indemnify and hold harmless the other
party in respect of all damages as resulting therefrom. Damages as used herein
shall include any claim, action, demand, loss, cost, expense, penalty, and other
damage, including without limitation, counsel fees and other costs and expenses
reasonably incurred in investigating or attempting to avoid same or in opposing
the imposition thereof or enforcing this indemnity, resulting to Husband or Wife
from any inaccurate representation made by or on behalf of either Husband or
Wife to the other in this Agreement, any breach of any of the warranties made by
Husband or Wife in this Agreement, or breach or default in performance by
Husband or Wife of any of the obligations to be performed by such party
hereunder. The Husband or Wife agrees to give the other prompt written notice
of any litigation threatened or instituted against either party which might
constitute the basis for a claim for indemnity pursuant to the terms of this
Agreement.
8. FULL DISCLOSURE:
The parties acknowledge that each of them have had a full and ample
I have read and understand the contents on this page. ,dj?-JAC, Jr CI:C,GLC 16
opportunity to consult with counsel of their choice regarding their claims arising
out of the marriage and divorce and that they have specifically reviewed their
rights to the equitable distribution of marital property, including rights of
discovery, the right to compel a filing of an Inventory and Appraisement and
associated exhibits, documentation and expert opinions thereon, and the right to
have the court review the assets and claims of the parties and decide them as part
of the divorce action. Being aware of those rights and being aware of the marital
and non-marital property owned by each of the parties, the parties hereto, in
consideration of all other terms and provisions of this agreement, do hereby
waive, release and quitclaim any further right to have this court or any other
tribunal equitably distribute or divide their marital property.
The parties acknowledge that they are familiar with and cognizant of the
wealth, real and/or personal property, estate and assets, earnings and income of
the other and have either been fully advised and informed of such and the values
thereof or has knowingly waived such advice and/or information. The parties
hereto have been fully advised and informed of all rights and interests which,
except for the execution and delivery hereof, have been conferred upon or vested
in each of them by law with respect to the property or estate of the other by
reason of their marital status, or has knowingly refused or waived such advice or
information. Either party's failure to engage in or demand discovery from the
other shall not be a reason to invalidate the terms of this agreement.
Notwithstanding the foregoing, the rights of either party to pursue a claim
for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any
interest owned by the other party in an asset of any nature at any time prior to
the date of execution of this Agreement that was not disclosed to the other party
or his or her counsel prior to the date of the within Agreement is expressly
reserved. In the event that either party, at any time hereafter, discovers such an
I have read and understand the contents on this Page.(/h?!lAC, Jr CaLC.,GLC 17
undisclosed asset, that party shall have the right to petition the Court of Common
Pleas of Cumberland County to make equitable distribution of the asset. The
non-disclosing parry shall be responsible for payment of counsel fees, costs or
expenses incurred by the other parry in seeking equitable distribution of the asset
provided said party is successful in obtaining the relief requested in his or her
petition. Notwithstanding the foregoing, the Agreement shall in all other respects
remain in full force and effect.
9. RELEASES:
Except as otherwise herein provided, each party releases and discharges
completely and forever the other from any and all right, title, interest or claim or
past, present or future support, division of property including income or gain
from property hereafter accruing, right of dower and courtesy, right to act as
administrator or executor in the estate of the other, right to distributive share in
the other's estate, right of exemption in the estate of the other, or any other
property rights, benefits or privileges accruing to either party by virtue of said
marriage relationship, or otherwise, and whether the same are conferred by the
statutory law or by the common law of the Commonwealth of Pennsylvania, or
any other state, or of the common law of the United States of America.
It is further specifically understood and agreed by and between the parties
hereto, that 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 party, including all
claims raised by them in the divorce action pending between the parties.
10. BREACH:
If either party breaches any provision of this Agreement, the other parry
I have read and understand the contents on this pageOA_c_JAC, Jr Git, GLC 18
shall have the right, at his or her election, to sue for damages for such breach
including attorney fees, costs and/or expenses. The party breaching this contract
shall be responsible for the payment of legal fees and costs incurred by the other
in enforcing his or her rights under this Agreement, or seeking such other remedy
or relief as may be available to him or her.
11. REPRESENTATION:
Both parties have been given the opportunity to obtain the advice of
counsel regarding the provisions of this Agreement and their legal effect in
advance of the date set forth above to permit such independent review. In the
event either party elects to execute this agreement without the advice of counsel,
he/she shall nevertheless be bound hereby and he/she specifically and knowingly
waives his/her right, if any, to utilize his/her lack of legal representation as a
basis to attack the validity of this Agreement.
Each party acknowledges that he or she has had the opportunity to receive
independent legal advice from counsel from his or her selection, and that each
fully understands the facts and has been fully informed as to his or her legal
rights and legal obligations, and each party acknowledges and accepts that this
Agreement is, and the circumstances, fair and equitable, and that it is being
entered into freely and voluntarily, after having had the opportunity to receive
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
improper or illegal agreement or agreements.
12. VOLUNTARY EXECUTION:
The provisions of this Agreement are fully understood by both parties and
each party acknowledges that this Agreement is fair and equitable, that it is being
entered into voluntarily and that it is not the result of any duress or undue
influence. Further, each party acknowledges that he or she has the mental
I have read and understand the contents on this page./)k-e J C, JrCa? GLC 19
capacity to understand the terms provided herein and has not been placed under
duress, coercion or any physical or mental stress.
13. ENTIRE AGREEMENT:
This Agreement contains the entire understanding of the parties and there
are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
14. PRIOR AGREEMENT:
It is understood and agreed that any and all property settlement
agreements which may or have been executed prior to the date and time of this
Agreement are null and void and of no effect.
15. MODIFICATION AND WAIVER:
Any modification or waiver of any provision 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.
16. GOVERNING LAW:
This Agreement shall be governed by and shall be construed in accordance
with the laws of the Commonwealth of Pennsylvania.
17. INDEPENDENT SEPARATE COVENANTS:
It is specifically understood and agreed by and between the parties hereto
that each paragraph hereof shall be deemed to be a separate and independent
covenant and agreement.
18. VOID CLAUSES:
If any term, condition, clause, or provision of this Agreement shall be
determined or declared to be void or invalid in law or otherwise, then only that
term, condition, clause or provision shall be stricken from this Agreement and in
I have read and understand the contents on this pace. C, Jr G GLC 20
all other respects this Agreement shall be valid and continue in full force, effect
and operation.
19. CONSENTS TO DIVORCE:
The parties agree that they shall execute Affidavits of Consent which shall
be filed with the court along with a Praecipe to Transmit the Record in order that
a Decree in Divorce incorporating the herein agreement can be issued in due
course.
20. DISTRIBUTION DATE:
The parties hereto acknowledge and agree that for purposes of distribution
of property as provided for in this agreement, the date of execution of this
agreement shall be known as the Distribution Date.
21. DATE OF EXECUTION/COUNTERPARTS:
The parties hereto acknowledge and agree that the date of execution
referred to herein shall be known as the last date upon which either party
executes this agreement. This Agreement may be executed by the parties in
counterparts and as such, shall be enforceable as if it were executed as one.
IN WITNESS WHEREOF, the parties hereto, intending to be legally
bound hereby, have hereunto set their hands and seals the day and year first
above written.
WITNESS:
John A Cunningha , Jr
Gaill L Cunning am
I have read and understand the contents on this page(]A C_JAC, Jr C PLC 21
Commonwealth of Pennsylvania :
ss.
COUNTY OF .
On this, the day of l(/o20o6 before me, a
Notary Public, personally appeared John A Cunningham, Jr known to me to be
the person whose name is subscribed to the within Settlement Agreement and
acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
a Public F
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My Commission Expires:
Commonwealth of Pennsylvania
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COUNTY OF -j
On this, the Z day of 20o6 before me, a
Notary Public, personally appeared aill L Cunningham, known to me to be the
person whose name is subscribed to the within Settlement Agreement and
acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
I have read and understand the contents on this page.UAC JAC, Jr?GLC 22
NOTARY PUBLIC
NOTARIAL SEAL
My Commission Expires: ?A FIB' RNOTARY G, DA PUBUC
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GAILL L. CUNNINGHAM, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 06-3094 Civil Term
JOHN A. CUNNINGHAM, JR., : CIVIL ACTION - LAW
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
May 31, 2006.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90)
days have elapsed from the date of the 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.
4. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before the divorce is granted.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
Date:
Gaill L. Cunningham
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GAILL L. CUNNINGHAM,
Plaintiff
V.
JOHN A. CUNNINGHAM, JR.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-3094 Civil Term
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER
§ 3301fc1 OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a 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: , 11110 b Ao-j Od 411%,
Gaill L. Cunningham
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GAILL L. CUNNINGHAM, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 06-3094 Civil Term
JOHN A. CUNNINGHAM, JR., : CIVIL ACTION - LAW
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
May 31, 2006.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90)
days have elapsed from the date of the 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.
4. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before the divorce is granted.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
Date: H./C.906
ohn A. Cunningham, Jr.
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GAILL L. CUNNINGHAM,
Plaintiff
V.
JOHN A. CUNNINGHAM, JR.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-3094 Civil Term
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER
§ 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a 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: //,/0. 06
ohn A. Cunningham, Jr.
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MARIA P. COGNETTI & ASSOCIATES
KRISTOPHER T. SMULL ESQUIRE
Attorney I.D. No. 69140
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Plaintiff
GAILL L. CUNNINGHAM, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 06-3094 Civil Term
JOHN A. CUNNINGHAM, JR., : 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: Irretrievable breakdown under § 3301(c) of the Divorce
Code.
2. Date and manner of service of the Complaint: service was accepted by Counsel for
Defendant on June 20, 2006.
3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce
Code: by Plaintiff, Gaill L. Cunningham on November 27, 2006; by Defendant, John R.
Cunningham, Jr., on November 10, 2006.
4. Related claims pending: Settled by Agreement dated November 8, 2006.
5. Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the
Prothonotary: Waiver of Notice is being filed simultaneously herewith.
Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the
Prothonotary: Waiver of Notice is being filed simultaneously herewith.
Respectfully Submitted:
MARIA P. COGNETTI & ASSOCIATES
Date: I By:
kiiSf6P1iER T. SMULL, ESQUIRE
Attorney I.D. No. 69140
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
GAILL L. CUNNINGHAM, r
PLAINTIFF
VERSUS
JOHN A. CUNNINGHAM, JR.,
DEFENDANT
No.
DECREE IN
DIVORCE
06-3094 CIVIL TERM
IT IS ORDERED AND
AND NOW,
6
GAILL L. CUNNINGHAM
DECREED THAT PLAINTIFF,
AND
JOHN A. CUNNINGHAM,JR.
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
,DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECO IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The terms of the parties' Martial Settlement Agreement
Dated November 8, 2006 and attached hereto, are incorporated
-ne= i our nor mergea nerewirn.
BY TH52'000
ATTEST: J.
PROTHONOTARY
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Gaill L Cunningham,
Plaintiff
V.
John A Cunningham, Jr,
Defendant
In the Court of Common Pleas
Cumberland County, Pennsylvania
No.: 06-3094
Civil Action - Law
In Divorce
PETITION TO TERMINATE ALIMONY
PURSUANT TO 23 Pa.C.S.A SECTION 3706
and the November 8 2006 Marital Settlement Agreement
NOW COMES, Petitioner, John A Cunningham, Jr, by and through his attomeys Miller
Lipsitt LLC and James A. Miller, Esquire, and respectfully requests that your Honorable
Court grant the relief herein requested and for reasons thereof states as follows:
1. Petitioner, John A Cunningham, Jr ("Petitioner") and Respondent, Gaill L
Cunningham ("Respondent"), were divorced to the above term and docket on
December 6 2006 (see attached exhibit A - Decree in Divorce).
2. Petitioner and Respondent entered a comprehensive marital settlement
agreement dated November 8 2006 (hereinafter referred to as "agreement" -
Exhibit B) which in pertinent part provided for Petitioner to pay Respondent
alimony as follows:
ALIMONY - From Husband to Wife
Commencing upon the execution hereof Husband hereby agrees
that he shall pay to Wife in the form of alimony the sum of Eight
Hundred ($800.oo) Dollars and no cents per month, Husband's
alimony obligation to Wife shall terminate one hundred twenty
(120) consecutive months from December 31 2010 (the date upon
with the parties' youngest child will/would turn 18). Said payments
shall be deductible by Husband and declared as income by Wife
for purposes of filing their respective annual tax returns. Said
alimony obligation shall also terminate at an3time after the
execution hereof in the event of Wife cohabitatin with a
member of the opposite sex, remarriage or death (emphasis
added).
3. Petitioner believes and therefore avers that an adult individual male, namely
Paul Burris has resided with and at Respondent's residence.
r
4. Petitioner believes and therefore avers that said Paul Burris has resided with
Respondent since March 2007.
5. Petitioner believes and therefore avers that at various times since the entry of
the Final Decree incorporating the agreement, Respondent has resided with Mr
Burris.
6. Respondent wholly failed to disclose to Petitioner that Respondent and Mr
Burris were cohabitating.
7. Respondent omitted disclosure of such information to Petitioner while being
under a contractual duty to so disclose.
8. Petitioner believes and therefore avers that Respondent failed to inform
Petitioner of Respondent's cohabitation with Mr Burris in order for Respondent
to continue her receipt of alimony from Petitioner pursuant to the Agreement.
9. Petitioner believes and therefore avers that Respondent's omission arose solely
from her intent to deceive Petitioner so that he would continue his payment of
alimony to Respondent.
10. Petitioner believes and therefore avers that Respondent's selfish, financial
interests in protecting her receipt of alimony operated as her motivation in
intentionally deceiving Petitioner with respect to Respondent's cohabitation.
11. Petitioner believes and therefore avers that Respondent had intended for
Petitioner to rely upon her omission(s) and misrepresentations relative to the
extent of Respondent's cohabitation with Mr Burris.
12. To Petitioner's detriment, he relied upon Respondent's omission(s) and
misrepresentations.
13. As a direct and proximate cause of Respondent's conduct, Petitioner has
suffered severe financial damage in as much as he:
a. continued to pay Respondent alimony at the monthly rate of $800.00
while Respondent cohabited with a member of the opposite sex in
complete contravention of the agreement as well as 23 Pa.C.S.A. section
3706;
I 1
b. was caused to incur the costs and fees associated with his investigation
of Respondent's conduct relative to Respondent's misrepresentations
and omissions with regard to her cohabitation; and,
c. has suffered continuing responsibility for the payment of all attorneys'
fee, costs and expenses associated with the enforcement of the terms of
subject agreement.
14. Your Honorable Court has the necessary authority to terminate Respondent's
receipt of alimony from Petitioner pursuant to the agreement as well as 23 Pa.
C.S.A. section 3706, Bar to alimony, which provides:
a. No petitioner is entitled to receive an award of alimony where the petitioner,
subsequent to the divorce pursuant to which alimony is being sought, has
entered into cohabitation with a person of the opposite sex who is not a
member of the family of the petitioner within the degrees of consanguinity.
15. Petitioner requires your Honorable Court's intervention in this matter in order to
terminate Respondent's receipt of alimony pursuant to said agreement and 23
Pa.C.S.A section 3706.
WHEREFORE, Petitioner, John A Cunningham, Jr, respectfully requests that your
Honorable Court enter an Order:
1. finding that Respondent has cohabitated with a member of the opposite sex in
direct contravention to the parties' Marital Settlement Agreement;
2. terminating Respondent's receipt of alimony in this cause retroactively to the
date of March 2007 with all payments received by Respondent from said debt
credited to Petitioner; and,
3. awarding Petitioner all costs, expenses and fees incurred by Petitioner in
enforcing this matter.
Respectfully submitted,
MILLER LIPSLTTLLC
James A. iller, Esquire
765 P ar Church Road
CVKp Hill PA 17011
17) 737 6400
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
GAILL L. CUNNINGHAM, ?.
06-3094 CIVIL TERM
PLAINTIFF No.
VERSUS
JOHN A. CUNNINGHAM, JR.,
DEFENDANT
DECREE IN
DIVORCE
AND NOW, IT IS ORDERED AND
GAILL L. CUNNINGHAM
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, PLAINTIFF,
,DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECOJ ?THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The terms of the parties' Martial Settlement Agreement
Dated November 8, 2006 and attached heret-6, are incorporated
heretn bat not merged herewtth.
BY T
ATTEST: J.
PROTHONOTARY
DECREED THAT
JOHN A. CUNNINGHAM,JR.
AND
EXHIBIT A - DECREE IN DIVORCE - December 6 2006
POST NUPTIAL AND PROPERTY SETTLEMENT
AGREEMENT BY AND BETWEEN
GAILL L CUNNINGHAM &
JOHN A CUNNINGHAM, JR.
Maria P Cognetti & Associates
Kristopher T Smull, Esquire
21o Grandview Avenue Suite 102
Camp Hill PA 17011
717 909 4o6o
Atttorney for Plaintifff
DATE: 0,2-604
Miller Lipsitt LLC
James A Miller, Esquire
2157 Market Street
Camp Hill PA 17021
717 737 6400
Attorney for Defendant
EXHIBIT B - NOVEMBER 8 2006 MARITALSETTLEMENT AGREEMENT
f'.
TABLE OF CONTENTS
1. SEPARATION AND NON INTERFERENCE .......................................................... 3
2. RECONCILIATION .................................................................................................. .4
3. ENFORCEMENT ...................................................................................................... . 5
4. SPOUSAL SUPPORT, ALIMONY, ALIMONY PENDENTE LITE (APL), &
COSTS AND EXPENSES ................................................................................................. . 6
ALIMONY - From Husband to Wife ............................................................................ . 7
WIFE'S HEALTH INSURANCE ............................................................. . 7
CHILD SUPPORT ..................................................................................... . 8
CHILDREN'S HEALTH INSURANCE ................................................... . 9
TAX EXEMPTION ................................................................................... . 9
HUSBAND'S PRUDENTIAL LIFE INSURANCE POLICY .................. . 9
DOMESTIC RELATIONS SUPPORT ACTION ..................................... . 9
5. EQUITABLE DISTRIBUTION ............................................................................... 11
A. WAIVER OF PERSONAL 1) MARITAL, TANGIBLE AND INTANGIBLE,
ASSETS AND 2) NON-MARITAL, 'T'ANGIBLE AND INTANGIBLE, ASSETS.... 11
CEMETERY LOTS .................................................................................. 11
1 CASH PAYMENT(S) TO WIFE :.................................................................... 11
2 JOHN'S MOBILE REPAIR SERVICE, Inc and SSAC ENTERPRISES, LLC
12
3. VEHICLES ....................................................................................................... 13
4 REAL ESTATE - 909 Grahams Wood Road: ................................................. 13
B. INTENT ................................................................................................................ 14
ADDITIONAL DOCUMENTS ................................................................ 14
TAXES ...................................................................................................... 14
6. AFTER ACQUIRED PROPERTY: .......................................................................... 15
7. DEBTS ...................................................................................................................... 15
A. Wife's Debts .......................................................................................................... 15
B. Husband's Debts .................................................................................................... 15
WIFE'S RELEASE FROM DEBTS ....................................................... 15
C. Indemnification ..................................................................................................... 16
8. FULL DISCLOSURE ............................................................................................... 16
9. RELEASES ............................................................................................................... 18
10. BREACH .................................................................................................................. 18
11. REPRESENTATION ................................................................................................ 19
12. VOLUNTARY EXECUTION .................................................................................. 19
13. ENTIRE AGREEMENT :.......................................................................................... 20
14. PRIOR AGREEMENT ............................................................................................. 20
15. MODIFICATION AND WAIVER ........................................................................... 20
16. GOVERNING LAW ................................................................................................. 20
17. INDEPENDENT SEPARATE COVENANTS ........................................................ 20
18. VOID CLAUSES ...................................................................................................... 20
19. CONSENTS TO DIVORCE ..................................................................................... 21
20. DISTRIBUTION DATE ........................................................................................... 21
21. DATE OF EXECUTION/COUNTERPARTS ......................................................... 21
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this,?Y'c day of , 20o6, by
and between John A Cunningham, Jr hereinafter called "Husband", and Gaill L
Cunningham, hereinafter called "Wife".
WHEREAS, Husband and Wife were lawfully married on August 23 1993
in Cumberland County, Pennsylvania;
WHEREAS, differences have arisen between the parties and it is the
intention of Wife and Husband to live separate and apart, and the parties hereto
desire to settle fully and finally their respective financial and property rights and
obligations as between each other including, without limitation by specification:
the settling of all matters between them relating to the ownership and equitable
distribution of real and personal property; the settling of all matters between
them relating to the past, present and future support, alimony and/or
maintenance of Wife by Husband or of Husband by Wife; and in general, the
settling of any and all claims and possible claims by one against the other or
against their respective estates;
WHEREAS, neither party admits that this action is a result of his or her
actions that may give rise to a fault divorce pursuant to 23 Pa.C.S.A. section
3301(a);
NOW THEREFORE, in consideration of the premises and of the mutual
promises, covenants and undertakings hereinafter set forth and for other good
and valuable consideration, receipt of which is hereby acknowledged by each of
the parties hereto, Wife and Husband each, intending to be legally bound hereby
covenant and agree as follows:
1. SEPARATION AND NON INTERFERENCE:
It shall be lawful for each party at all times hereafter to live separate and
apart from each other at such place as he or she from time to time shall choose or
deem fit. The foregoing provision shall not be taken as an admission on the part
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of either parry of the lawfulness or unlawfulness of the causes leading to their
living apart.
Each party shall be free from interference, authority and control by the
other, as fully as if he or she were single and unmarried, except as may be
necessary to carry out the provisions of this Agreement. Neither party shall
molest or attempt to endeavor to molest the other, or in any way harass or malign
the other, nor in any other way interfere with the peaceful existence, separate and
apart from the other.
The parties are the natural parents of two children namely, Amber
Cunningham, DOB 8/1o/91 and Colten Cunningham, DOB 12/31/92. Wife filed
to Cumberland County Court of Common Pleas, Cumberland County,
Pennsylvania, docket number o6-3804, a complaint in custody whereby at the
time of execution hereof, a temporary order of court dated August 10,, 20o6, was
entered. The custody matter shall continue to be governed pursuant to the
docket so referenced.
Wife also filed an action in support against Husband to Cumberland
County Court of Common Pleas, Cumberland County, Pennsylvania, docket
number o6-o0577 S 2oo6 Domestic Relations, PACSES Number 2981o8424.
The support matter shall continue to be governed pursuant to the docket so
referenced or as so provided herein but, the August 25, 2oo6, Interim Order shall
be modified in accordance with the terms set forth hereinbelow in section 4.
2. RECONCILIATION:
This Agreement shall not be deemed to have been waived, extinguished,
discharged, terminated, invalidated or otherwise affected by a reconciliation
between the parties hereto, cohabitation between the parties, a living-together or
resumption of marital relations between them. They shall not be deemed to have
reconciled with the intention of vitiating or terminating this Agreement unless
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they make such actions through a written instrument, executed and
acknowledged in the same manner as this Agreement.
3. ENFORCEMENT:
The parties acknowledge that Wife filed to Cumberland County Court of
Common Pleas, Cumberland County, Pennsylvania, docket number o6-3094 Civil
Term, a no-fault divorce action pursuant to section 3301(c) of the Pennsylvania
Divorce Code, including counts for Equitable Distribution, Alimony, Alimony
Pendente Lite, Attorney's Fees and Costs and counsel for Husband accepted
service of the complaint on behalf of Husband on June 20, 2006.
Wife's counsel shall prepare and submit accurate Affidavits of Consent and
Waivers of Notice for the parties to execute simultaneously with their respective
executions of the herein agreement and promptly thereafter, forward the
Praecipe to Transmit the Record to the court for final entry of the Decree in
Divorce. Wife acknowledges that there are certain obligations that Husband has
agreed to undertake in this agreement which trigger upon certain events
occurring; accordingly, Wife shall timely perform the procedures and
submissions required by the court in order to obtain the final decree.
It is specifically understood and agreed by the parties that the provisions
of this agreement relating to equitable distribution of property and all other
matters contained herein including but not limited to support, alimony, alimony
pendente lite, counsel fees, costs and/or expenses are accepted by each party as a
final settlement for all purposes whatsoever, as contemplated by the
Pennsylvania Divorce Code. Each party shall execute any and all documents
which may require his or her signature for the purpose of effectuating all of the
terms and conditions of this Agreement so as to give full force and effect to this
Agreement.
Should a decree, judgment or order of separation or divorce be obtained
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by either of the parties in this or any other state, country or jurisdiction, each of
the parties hereby consents and agrees that this Agreement and all of its
covenants shall not be affected in any way by any such separation or divorce; and
that nothing in any such decree, judgment, order or further modification or
revision thereof shall alter, amend or vary any term of this Agreement. It is
specifically agreed, however, that a copy of this Agreement or the substance of the
provisions thereof, may be incorporated by reference into any divorce, judgment
or decree. This incorporation, however, shall not be regarded as a merger, it
being the specific intent of the parties to permit this Agreement to survive any
judgment and to be forever binding and conclusive upon the parties.
4. SPOUSAL SUPPORT, ALIMONY, ALIMONY
PENDENTE LITE (APL), & COSTS AND EXPENSES:
Husband and Wife hereby acknowledge that they have been advised that
each may have the right to assert a claim for spousal support, alimony, alimony
pendent lite, costs and/or expenses. Further, Husband and Wife acknowledge
that they understand that said rights are available in the divorce action. Husband
and Wife further acknowledge that they are aware of the income, education,
income potential, and assets and holdings of the other or have had full and ample
opportunity to become familiar with such items. Nevertheless, Husband and
Wife acknowledge that they are able to support and maintain themselves
comfortably, without contribution from the other beyond that as provided for in
this Property Settlement Agreement, upon the income and assets owned by each
of them. Husband's 2005 tax return has been received and reviewed by Wife and
Wife's counsel and Wife's income information has been reviewed by Husband
and Husband's counsel. In the opinion of Husband and Wife, the negotiated
support terms herein take into consideration their respective incomes and assets
and debts as disclosed and as distributed herein.
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Husband and Wife hereby accept the mutual covenants and terms of this
Agreement and the benefits and properties passed to them hereunder in lieu of
any and all further rights to support or alimony for themselves, counsel fees, and
alimony pendente lite at this time and during any and all further or future actions
of divorce brought by either of the parties hereto and the parties do hereby
remise, release, quit claim, and relinquish forever any and all right to support,
alimony, alimony pendente lite, counsel fees and expenses beyond those provided
for herein, during the pendency of or as a result of any such actions, as provided
by the Divorce Code of Pennsylvania or any other applicable statute, at this time
and at any time in the future.
ALIMONY - From Husband to Wife
Commencing upon the execution hereof, Husband hereby agrees that he
shall pay to Wife in the form of alimony the sum of Eight Hundred ($800.00)
Dollars and no cents per month. Husband's alimony obligation to Wife shall
terminate one hundred twenty (120) consecutive months from December 312010
(the date upon with the parties' youngest child will/would turn 18). Said
payments shall be deductible by Husband and declared as income by Wife for
purposes of filing their respective annual tax returns. Said alimony obligation
shall also terminate at anytime after the execution hereof in the event of Wife
cohabitating with a member of the opposite sex, remarriage or death.
WIFE'S HEALTH INSURANCE: Additionally, Husband shall continue to
keep in full force and effect his health insurance policy coverage on Wife until the
final decree in divorce is entered at which time Husband shall then pay for the
premiums on a health insurance policy for Wife commensurate with the terms
and conditions of her current coverage and at the time of execution of this
agreement. Husband's payment of said premiums for Wife's health insurance
coverage shall be for a period of sixty (60) consecutive months from the date of
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the final decree in divorce being entered. Husband's payments for Wife's health
insurance shall not be considered as income to Wife and shall not be a
permissible deduction by Husband on their respective annual tax return filings.
CHILD SUPPORT:
Husband shall pay to Wife the total monthly child support sum of
$16oo.oo per month in accordance with the following terms:
1. commencing upon the execution hereof through the period in which
the parties' son, Colten, attains the age of 18, and so long as the
parties share physical custody or Wife has primary custody of
Colten, then Husband shall pay to Wife $800.0o per month
through Cumberland County Domestic Relations Section o6-00577
S 20o6.
2. in addition, so long as the parties share physical custody or Wife
has primary custody of the parties' daughter, Amber, then Husband
shall pay to Wife an additional $800.0o per month until Amber
turns 18 years of age or graduates from high school, whichever shall
last occur.
3. the parties acknowledge that the child support provision(s) herein
are negotiated terms of settlement and wholly take into
consideration the alimony and equitable distribution provisions
herein. Further, the structure and design of the alimony
provision(s) and equitable distribution provision(s) take into
account the child support consideration hereunder. While the
parties acknowledge that child support can not be bargained away
by either party, the financial provisions as set forth herein
adequately consider the parties finances and circumstances and
thus constitute satisfactory support figures in the opinion of the
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parties. It is the intention of the parties to not petition to modify
support and have intended for this agreement by its design to
effectuate sufficient financial consideration in order to avoid such
modifications.
CHILDREN'S HEALTH INSURANCE: Additionally, Husband shall
remain liable for:
1. the health insurance premiums on the children until each:
a. turns 18;
b. graduates high school; and/or
c. throughout the course of their college education years - husband's
obligation under such circumstances shall be limited to the normal,
ordinary four (4) year college education curriculum. Husband's
obligation for said premium coverage shall terminate in the event
either child voluntarily interrupts his or her college education.
2. Husband shall remain solely liable for the current orthodontics bill in the
approximate amount of $3400.00.
TAX EXEMPTION: Wife shall be entitled to claim the children on Wife's tax
returns during the minority of each child.
HUSBAND'S PRUDENTIAL LIFE INSURANCE POLICY: During the effective
term of Husband's obligations as set forth herein, he shall maintain in full force
and effect his Prudential Life Insurance policy in an equal amount commensurate
with the balance of his child support and alimony obligations as set forth
hereunder along with any balance(s) due pursuant to equitable distribution
defined hereinbelow. Husband shall upon Wife's request, but no more than one
(1) time per calendar year, provide to Wife evidence that said policy is paid in full
and in full force and effect.
DOMESTIC RELATIONS SUPPORT ACTION: The parties agree that the
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current Interim Order in support arising from Wife's case docketed to
Cumberland County Court of Common Pleas, Cumberland County, Pennsylvania,
docket number o6-00577 S 2006 Domestic Relations, PACSES Number
2981o8424, shall continue for the purposes of Husband's payments to Wife as
defined herein. The terms hereof shall be incorporated into the existing case and
shall modify the existing order accordingly which is presently pending appeal and
scheduled for a de novo hearing before Master Rundle on November 20, 20o6, at
1:30 pm. Wife shall take immediate action in terminating the appeal and
Husband shall concur with the termination request.
Child and spousal support arrears shall be assessed against Husband from
the date of Wife's filing of her complaint in support at domestic relations at the
rate of $2400.00 per month and shall be adjusted according to the time frames
and events as set forth herein; in particular, the attainment of the age of 18 by
each child . All payments from Husband to Wife from the date of filing through
the date of execution hereof shall be credited against the outstanding arrears
balance. Husband shall pay to Wife the total, adjusted arrears balance within
thirty (30) days of execution hereof.
In the event either party were to breach the terms of support as set forth in
this agreement, then the non-breaching party shall not require the breaching
party's consent to file a complaint in support or modification thereof in seeking
the entry of an order consistent with the terms hereof and the enforcement of the
same through domestic relations. The alleged breach shall be assessed in
accordance with the "reasonable man standard" and shall not be established by a
subjective interpretation.
Each party shall be responsible for their respective fees, expenses and
costs associated with this case excepting anything provided in this agreement to
the contrary. Neither party shall be obligated to pay the other's fees, expenses
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and/or costs. In the event Wife remarries, cohabitates with a member of the
opposite sex and/or dies, Husband's alimony obligation set forth herein shall
automatically terminate by operation of law.
5. EQUITABLE DISTRIBUTION:
A. WAIVER OF PERSONAL 1) MARITAL, TANGIBLE AND
INTANGIBLE, ASSETS AND 2) NON-MARITAL, TANGIBLE
AND INTANGIBLE, ASSETS:
Husband and Wife do hereby acknowledge that they have heretofore
divided to their mutual satisfaction all non-marital and marital assets including,
but without limitation, business interests without limitation, corporations,
partnership(s), limited liability companies, inheritance(s), jewelry, clothing,
guns, brokerage accounts, stocks, bonds, life insurance policies or other
securities, Individual Retirement Accounts, checking and savings accounts,
mutual funds, and other assets whether real, personal or mixed, tangible or
intangible.
CEMETERY LOTS: The parties acknowledge that they are the owners of
two (2) cemetery lots at the time of execution of this agreement that are currently
title in Wife's name yet, it is Husband and Wife's respective, specific intent to
each retain one (1) lot for himself and herself and they shall each cooperate fully
in effectuating this intent at anytime either is called upon to do so.
Husband and Wife further acknowledge and agree that the assets in the
possession of the other spouse shall be that spouses sole and separate property,
each party hereto specifically waiving, releasing, renouncing and forever
abandoning whatever claim, if any, he or she may have with respect to any of the
foregoing items which are the sole and separate property of the other.
1 CASH PAYMENT(S) TO WIFE:
Husband shall pay to Wife the sum of $500,000.oo. Husband's initial
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payment of $300,000.00 shall be received by Wife within thirty (30) days of
execution hereof. The $200,ooo.oo balance shall be paid to Wife over four (4)
consecutive years commencing January 2oo8 with the initial installment due in
the amount of $12,500.oo and for each quarter thereafter (April, July, October
payments of $12,500.oo each), Husband shall pay $12,500.00 to Wife for a total
annual payment to Wife of $50,000.oo. Husband's payments to Wife shall be
$12,500.00 in advance on a quarterly basis and shall be paid in full with the final
payment being received by Wife October 2011.
Wife understands that Husband shall obtain financing in order to pay Wife
her initial installment and accordingly, Wife hereby agrees to grant Husband and
his lender, M&T Bank, reasonable time in order to complete the lender's due
diligence and settlement. In no event shall Wife's initial payment extend beyond
November 30, 20o6. Should Husband fail to pay to Wife said sum on or before
November 30, 20o6, then:
1 Wife shall have the right to immediately petition the court for the
liquidation of sufficient assets named herein in order to cover said
payment to Wife; and,
2 Husband shall pay all reasonable costs, fees, and expenses incurred by
Wife in enforcing her rights in this regard.
The parties acknowledge that the foregoing payments in Equitable
Distribution to Wife shall not be considered as income to Wife.
2 JOHN'S MOBILE REPAIR SERVICE, Inc and SSAC
ENTERPRISES, LLC:
Wife hereby waives any and all past, present and/or future right, title,
interest and/or claim she may make to Husband's business known as John's
Mobile Repair Service, Inc., 1511 East Commerce Avenue, Carlisle, Pennsylvania
17013, including all personal and real property associated therewith regardless of
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title, as well as the limited liability company owned by Husband namely, SSAC
Enterprises, LLC, and assets associated therewith including but not limited to
the real property known as 1513 East Commerce Avenue, Carlisle, Pennsylvania
17013.
Wife shall execute upon request all Deeds and any other document relating
to the businesses and real property reflecting her relinquishment, waiver and
abandonment forever of right, title, claim and/or interest Wife may have therein.
Husband shall indemnify and hold Wife harmless for all past, present and future
indebtedness on the premises and any unidentified debts associated therewith as
well as all costs/expenses/fees associated with the collection thereof, if any.
3. VEHICLES:
Wife shall retain the Dodge pickup that the parties have already transferred to
Wife solely which has no debt associated therewith in that Husband has paid it
off entirely. Husband shall waive all right, title and interest he may have therein.
All other vehicles of any nature, whether car, truck, motorcycle, and/or 4
wheeler, etc., owned by the parties individually and/or jointly shall remain
Husband's sole and separate property with Husband indemnifying and holding
Wife harmless thereon. Wife does hereby waive all right, title and interest she
may have unto said vehicles retained by Husband.
4 REAL ESTATE - 909 Grahams Wood Road:
Husband is the owner of 9o9 Grahams Wood Road, Newville, Upper Frankford
Township, Cumberland County, Pennsylvania 17241 (referred to herein as the
"premise"). Wife hereby conveys unto Husband any and all past, present and/or
future right, title and interest she may have therein and shall execute upon
request a Deed reflecting her relinquishment, waiver and abandonment forever.
Husband shall indemnify and hold Wife harmless for all past, present and future
indebtedness on the premise and any unidentified debts associated therewith as
well as all costs/expenses/fees associated with the collection thereof. Wife shall
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not be required to reimburse Husband for the funds she removed from the
parties' equity line of credit at the time she departed the marital residence and
Husband does hereby by the execution hereof agree to waive his right to receive
any reimbursement from Wife for such removal of funds in the approximate
amount of $12,500.
B. INTENT:
This Agreement is intended to distribute all property of the parties,
whether real or personal, and whether determined to be separate or marital
property. In the event that any property may be omitted from this Agreement, it
is understood and agreed that the person having possession and/or title to such
property following the execution of this Agreement shall be deemed the owner
thereof and each of the parties will execute any and all legal documents without
any charge therefor to evidence title to such property in the other party.
ADDITIONAL DOCUMENTS: Each of the parties shall on demand execute
and deliver to the other any deeds, documents, records or closing statements
relating to the sale of real estate under this Agreement, bills of sale, assignment,
consents to change of beneficiary on insurance policies, tax returns and other
documents and do or caused to be done any other act or thing that may be
necessary or desirable to the provisions and purposes of this Agreement.
The parties understand and agree that Wife's obligation to execute
documentation to reflect the intent expressed herein shall be coupled with
Husband's obligation to have Wife released from all obligations associated with
the particular property that the instrument so transfers. Once such release is
obtained or is evidenced by appropriate documentation that such release shall be
entered, Wife shall execute such documentation.
TAXES: Husband hereby agrees to pay all income taxes assessed against
him, if any, as a result of the division of the property of the parties hereunder.
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Wife hereby agrees to pay all income taxes assessed against her, if any, as a result
of the division of the property of the parties hereunder.
6. AFTER ACQUIRED PROPERTY:
Each of the parties shall hereafter own and enjoy, independently of any
claim or right of the other, all items of property, be they real, personal or mixed,
tangible or intangible, which are hereafter acquired by him or her, 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.
The parties hereby agree that, as to all assets not specifically mentioned
herein which are presently titled in the sole name of one of the parties hereto or,
if untitled, are presently in the sole possession of one of the parties hereto, the
party not having title thereto or possession thereof hereby waives, releases,
relinquishes and forever abandons any and all claims therein, and acknowledges
that the party having title or possession of such items shall be the sole and
exclusive owner thereof.
7. DEBTS:
A. Wife's Debts_ Wife represents and warrants to Husband that
since the parties' separation she has not and in the future she will not contract or
incur any debt or liability for which Husband or his estate might be responsible
and shall indemnify and save harmless Husband from any and all claims or
demands made against him by reason of debts or obligations incurred by her.
B. Husband's Debts: Husband represents and warrants to Wife
that since the parties' separation he has not and in the future he will not contract
or incur any debt or liability for which Wife or her estate might be responsible
and shall indemnify and save harmless Wife from any and all claims or demands
made against her by reason of debts or obligations incurred by him.
WIFE'S RELEASE FROM DEBTS: Further, Husband shall have Wife
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removed and/or released within thirty (3o) days from the date of execution
hereof from all debts wherein Wife with Husband is jointly obligated as either a
mortgagor, borrower and/or surety/guarantor.
C. Indemnification:All further debts incurred by the parties shall
be their individual responsibility. Each party represents and warrants to the
other that he or she has not incurred any debt, obligation, or other liability, other
than described in this Agreement, on which the other party is or may be liable.
Each party covenants and agrees that if any claim, action or proceeding is
hereinafter initiated seeking to hold the other party liable for any other debts,
obligations, liability, act or omission of such party, such party will at his or her
sole expense, defend the other against any such claim or demand, whether or not
well-founded, and that he or she will indemnify and hold harmless the other
party in respect of all damages as resulting therefrom. Damages as used herein
shall include any claim, action, demand, loss, cost, expense, penalty, and other
damage, including without limitation, counsel fees and other costs and expenses
reasonably incurred in investigating or attempting to avoid same or in opposing
the imposition thereof or enforcing this indemnity, resulting to Husband or Wife
from any inaccurate representation made by or on behalf of either Husband or
Wife to the other in this Agreement, any breach of any of the warranties made by
Husband or Wife in this Agreement, or breach or default in performance by
Husband or Wife of any of the obligations to be performed by such party
hereunder. The Husband or Wife agrees to give the other prompt written notice
of any litigation threatened or instituted against either party which might
constitute the basis for a claim for indemnity pursuant to the terms of this
Agreement.
8. FULL DISCLOSURE:
The parties acknowledge that each of them have had a full and ample
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opportunity to consult with counsel of their choice regarding their claims arising
out of the marriage and divorce and that they have specifically reviewed their
rights to the equitable distribution of marital property, including rights of
discovery, the right to compel a filing of an Inventory and Appraisement and
associated exhibits, documentation and expert opinions thereon, and the right to
have the court review the assets and claims of the parties and decide them as part
of the divorce action. Being aware of those rights and being aware of the marital
and non-marital property owned by each of the parties, the parties hereto, in
consideration of all other terms and provisions of this agreement, do hereby
waive, release and quitclaim any further right to have this court or any other
tribunal equitably distribute or divide their marital property.
The parties acknowledge that they are familiar with and cognizant of the
wealth, real and/or personal property, estate and assets, earnings and income of
the other and have either been fully advised and informed of such and the values
thereof or has knowingly waived such advice and/or information. The parties
hereto have been fully advised and informed of all rights and interests which,
except for the execution and delivery hereof, have been conferred upon or vested
in each of them by law with respect to the property or estate of the other by
reason of their marital status, or has knowingly refused or waived such advice or
information. Either party's failure to engage in or demand discovery from the
other shall not be a reason to invalidate the terms of this agreement.
Notwithstanding the foregoing, the rights of either party to pursue a claim
for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any
interest owned by the other party in an asset of any nature at any time prior to
the date of execution of this Agreement that was not disclosed to the other party
or his or her counsel prior to the date of the within Agreement is expressly
reserved. In the event that either party, at any time hereafter, discovers such an
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undisclosed asset, that parry shall have the right to petition the Court of Common
Pleas of Cumberland County to make equitable distribution of the asset. The
non-disclosing parry shall be responsible for payment of counsel fees, costs or
expenses incurred by the other parry in seeking equitable distribution of the asset
provided said party is successful in obtaining the relief requested in his or her
petition. Notwithstanding the foregoing, the Agreement shall in all other respects
remain in full force and effect.
9. RELEASES:
Except as otherwise herein provided, each party releases and discharges
completely and forever the other from any and all right, title, interest or claim or
past, present or future support, division of property including income or gain
from property hereafter accruing, right of dower and courtesy, right to act as
administrator or executor in the estate of the other, right to distributive share in
the other's estate, right of exemption in the estate of the other, or any other
property rights, benefits or privileges accruing to either party by virtue of said
marriage relationship, or otherwise, and whether the same are conferred by the
statutory law or by the common law of the Commonwealth of Pennsylvania, or
any other state, or of the common law of the United States of America.
It is further specifically understood and agreed by and between the parties
hereto, that 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.
10. BREACH:
If either party breaches any provision of this Agreement, the other parry
I have read and understand the contents on this pageDA c JAC, Jr GjGLC 18
shall have the right, at his or her election, to sue for damages for such breach
including attorney fees, costs and/or expenses. The party breaching this contract
shall be responsible for the payment of legal fees and costs incurred by the other
in enforcing his or her rights under this Agreement, or seeking such other remedy
or relief as may be available to him or her.
11. REPRESENTATION:
Both parties have been given the opportunity to obtain the advice of
counsel regarding the provisions of this Agreement and their legal effect in
advance of the date set forth above to permit such independent review. In the
event either party elects to execute this agreement without the advice of counsel,
he/she shall nevertheless be bound hereby and he/she specifically and knowingly
waives his/her right, if any, to utilize his/her lack of legal representation as a
basis to attack the validity of this Agreement.
Each party acknowledges that he or she has had the opportunity to receive
independent legal advice from counsel from his or her selection, and that each
fully understands the facts and has been fully informed as to his or her legal
rights and legal obligations, and each party acknowledges and accepts that this
Agreement is, and the circumstances, fair and equitable, and that it is being
entered into freely and voluntarily, after having had the opportunity to receive
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
improper or illegal agreement or agreements.
12. VOLUNTARY EXECUTION:
The provisions of this Agreement are fully understood by both parties and
each party acknowledges that this Agreement is fair and equitable, that it is being
entered into voluntarily and that it is not the result of any duress or undue
influence. Further, each party acknowledges that he or she has the mental
I have read and understand the contents on this pagej)jL C, JrGLQ, GLC 19
capacity to understand the terms provided herein and has not been placed under
duress, coercion or any physical or mental stress.
13. ENTIRE AGREEMENT:
This Agreement contains the entire understanding of the parties and there
are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
14. PRIOR AGREEMENT:
It is understood and agreed that any and all property settlement
agreements which may or have been executed prior to the date and time of this
Agreement are null and void and of no effect.
15. MODIFICATION AND WAIVER:
Any modification or waiver of any provision 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.
16. GOVERNING LAW:
This Agreement shall be governed by and shall be construed in accordance
with the laws of the Commonwealth of Pennsylvania.
17. INDEPENDENT SEPARATE COVENANTS:
It is specifically understood and agreed by and between the parties hereto
that each paragraph hereof shall be deemed to be a separate and independent
covenant and agreement.
18. VOID CLAUSES:
If any term, condition, clause, or provision of this Agreement shall be
determined or declared to be void or invalid in law or otherwise, then only that
term, condition, clause or provision shall be stricken from this Agreement and in
I have read and understand the contents on this page.UkX, C, Jr C-aIGLC 20
all other respects this Agreement shall be valid and continue in full force, effect
and operation.
19. CONSENTS TO DIVORCE:
The parties agree that they shall execute Affidavits of Consent which shall
be filed with the court along with a Praecipe to Transmit the Record in order that
a Decree in Divorce incorporating the herein agreement can be issued in due
course.
20. DISTRIBUTION DATE:
The parties hereto acknowledge and agree that for purposes of distribution
of property as provided for in this agreement, the date of execution of this
agreement shall be known as the Distribution Date.
21. DATE OF EXECUTION/COUNTERPARTS:
The parties hereto acknowledge and agree that the date of execution
referred to herein shall be known as the last date upon which either party
executes this agreement. This Agreement may be executed by the parties in
counterparts and as such, shall be enforceable as if it were executed as one.
IN WITNESS WHEREOF, the parties hereto, intending to be legally
bound hereby, have hereunto set their hands and seals the day and year first
above written.
WITNESS:
John A Cunningha Jr
Gaill L Cunning am
I have read and understand the contents on this pad Al`JAC. Jr C LC.GLC 21
Commonwealth of Pennsylvania :
: ss.
COUNTY OF C&L-/ff!2/4 .
On this, the 1 day of 2oo6 before me, a
Notary Public, personally appeared John A Cunningham, Jr known to me to be
the person whose name is subscribed to the within Settlement Agreement and
acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NotarlF public
N RY PUBLI 1 gprp ? t
My Commission Expires:
Commonwealth of Pennsylvania
. ss.
COUNTY OF j
On this, the day of 2oo6 before me, a
ill L Cunningham, known to me to be the
Notary Public, personally appeared Z
person whose name is subscribed to the within Settlement Agreement and
acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
I have read and understand the contents on this Dage.Ude-JAC. JrGi-V ,GLC 22
NOTARY PUBLIC
NOTARIAL SEAL
KIN A. BUR?c,, OOAAUPPHINN CO,
My Commission Expires: C
r COMMISSION EMPIRES OCT. 24.2009
VERIFICATION
I verify that the statements made in the attached Petition to Terminate
Alimony are true and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: 1-03-08 Lv??? LI? I,
)o4hn'Ae!IC-'un,ningham Jr
s
Gaill L Cunningham,
Plaintiff
V.
John A Cunningham, Jr,
Defendant
In the Court of Common Pleas
Cumberland County, Pennsylvania
No.: 06-3094
Civil Action - Law
In Divorce
CERTIFICATE OF SERVICE
I, James A. Miller, Esquire, hereby certify that I have served a copy of the foregoing
PETITION TO TERMINATE ALIMONY PURSUANT TO 23 Pa.C.S.A SECTION 3706 and
the November 8 2006 Marital Settlement Agreement upon the following person(s) by
United States First Class Mail on the date indicated below:
1
DATE: \
Kristopher T Sm 1, Esquire
Maria P Cognetti & Associates
210 Grandview Ave Ste 102
Camp Hill, PA. 17011-1706
James it r, Esquire
MIL SITT LLC
7 P ar Church Road
a Hill PA 17011
17) 737 6400
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Gaill L Cunningham,
Plaintiff
V. ;
John A Cunningham, Jr, :
Defendant :
In the Court of Common Pleas
Cumberland County, Pennsylvania
No.: 06-3094
Civil Action - Law
In Divorce
AMENDMENT TO PETITION TO TERMINATE ALIMONY
PURSUANT TO 23 Pa.C.S.A SECTION 3706
and the November 8 2006 Marital Settlement Agreement
NOW COMES, Petitioner, John A Cunningham, Jr, by and through his attorneys Miller
Lipsitt LLC and James A. Miller, Esquire, and files this Amendment in conformity to
Cumberland County Local Rule 208.3(a)(2) and/or Rule 208.3(a)(9) and states as follows:
16. Petitioner hereby incorporates the averments contained in the original
Petition as if fully set forth herein.
17. On or about January 22 2008, Petitioner, John A Cunningham, Jr
("Petitioner") filed to the above term and docket a Petition to Terminate Alimony.
18. Petitioner requested that your Honorable Court enter a Rule upon
Respondent, Gaill L Cunningham ("Respondent"), to show cause why the relief
being requested should not be granted.
19. Petitioner has been notified by the Cumberland County Court Administrator
that the Petition submitted failed to include certain procedural matters.
20. Petitioner therefore represents that:
a. There has not been any matter or issue in this case ruled upon by any Judge
in and for Cumberland County Court of Common Pleas;
b. The parties have been involved in extensive discussions relative to the
pending Petition and opposing counsel has repeatedly expressed
Respondent's denial and objection to the substance thereof; accordingly,
Respondent does not concur with the relief being requested herein.
Respectfully submitted,
MILLE
765 PoplApChurch Road
C ill PA 17011
(717) 737 6400
CERTIFICATE OF SERVICE
I, James A. Miller, Esquire, hereby certify that I have served a copy of the herein
Amendment to PETITION TO TERMINATE ALIMONY PURSUANT TO 23 Pa.C.S.A
SECTION 3706 and the November 8 2006 Marital Settlement Agreement upon the
following person(s) by United States First Class Mail on the date indicated below:
DATE: Tuesday, January 29, 2008
Kristopher T Smull, Esquire
Maria P Cognetti & Associates
210 Grandview Ave Ste 102
Camp Hill, PA. 17011-1706
James filler, Esquire
MILLE LIPSITT LLC
765 oplar Church Road
mpHillPA17011
(717) 737 6400
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GAIL L. CUNNINGHAM, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
JOHN A. CUNNINGHAM, JR.,
Defendant NO. 06-3094 CIVIL TERM
ORDER OF COURT
AND NOW, this l lth day of February, 2008, upon consideration of Defendant's
Petition To Terminate Alimony Pursuant To 23 Pa. C.S.A. Section 3706, a hearing is
scheduled for Wednesday, March 19, 2008, at 1:30 p.m., in Courtroom No. 1,
Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
Kristopher T. Smull, Esq.
Maria P. Cognetti & Associates
210 Grandview Avenue
Suite 102
Camp Hill, PA 17011-1706
Attorney for Plaintiff
ZJames A. Miller, Esq.
765 Poplar Church Road
Camp Hill, PA 17011
Attorney for Defendant
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MARIA P. COGNETTI & ASSOCIATES
KRISTOPHER T. SMULL ESQUIRE
Attorney I.D. No. 69140
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Plaintiff
GAILL L. CUNNINGHAM,
Plaintiff/ Respondent
V.
JOHN A. CUNNINGHAM, JR.,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNYLVANIA
NO. 06-3094 Civil Term
CIVIL ACTION - LAW
IN DIVORCE
ANSWER TO PETITION TO TERMINATE ALIMONY
AND NOW, comes Plaintiff/Respondent, Gail L. Cunningham, by and through her
attorney, Kristopher T. Smull, Esquire, and files this Answer to Petition to Terminate Alimony,
and in support thereof respectfully avers as follows:
1. Admitted.
2. Admitted.
3. Denied. It is specifically denied that Paul Burris has ever resided at Respondent's
residence.
4. Denied. It is specifically denied that Paul Burris has resided with Respondent
since March, 2007.
5. Denied. It is specifically denied that Respondent has ever resided with Mr.
Burns.
6. Denied. It is denied that Respondent failed to disclose to Petitioner that
Respondent and Mr. Burris were cohabitating, as the Respondent and Mr. Burris were never
cohabitating.
7. Denied. It is denied that Respondent failed to disclose her cohabitation with Mr.
Burris, as she was not cohabitating with Mr. Burris.
s. Denied. It is specifically denied that Respondent failed to inform Petitioner of her
cohabitation in order to continue to receive alimony. Respondent and Mr. Burris never
cohabitated.
9. Denied. It is specifically denied that Respondent ever omitted anything from
Petitioner, or that Respondent had any intent to deceive Petitioner. Respondent and Mr. Burris
never cohabitated.
10. Denied. It is denied that Respondent had any selfish, financial interest in
protecting her alimony. Respondent never cohabitated with Mr. Burris.
11. Denied. It is denied that Respondent ever intended for Petitioner to rely upon her
omissions or misrepresentations. It is denied that Respondent ever committed any omissions or
misrepresentations. Respondent never cohabitated with Mr. Burris.
12. Denied. It is denied that Petitioner ever relied upon Respondents omissions and
misrepresentations, as Respondent never made any omissions or misrepresentations to Petitioner.
13. Denied. It is specifically denied that Petitioner has suffered any financial damage.
14. Admitted. It is admitted that this Honorable Court has the authority to terminate
Respondent's alimony. However, by way of further answer, Respondent's alimony should not
be terminated, as she never cohabitated with Mr. Burris.
15. Denied. It is denied that Petitioner requires this Honorable Court's intervention,
as Respondent's alimony should not be terminated.
WHEREFORE, Respondent, Gail L. Cunningham, respectfully requests that this
Honorable Court deny Petitioner's requested relief.
Respectfully Submitted:
MARIA P. COGNETTI & ASSOCIATES
Date: 1?1114 By:
O . SMULL, ESQUIRE
Attorney I.D. No. 69140
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Plaintiff/Respondent
CERTIFICATE OF SERVICE
I, Kristopher T. Smull, Esquire, hereby certify that on February 12, 2008, I served a true and
correct copy of the foregoing Answer to Petition to Terminate Alimony at the address indicated below:
James A. Miller, Esquire
765 Poplar Church Road
Camp Hill, PA 17011
Service by:
Personal service via hand delivery
X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill,
Pennsylvania, addressed as indicated above
Overnight delivery
Service by placing a copy of the above document in counsel's box in the Office of
the Prothonotary of County
Facsimile service
Certified/Registered Mail
Date: February 12, 2008
MARIA P. COGNETTI & ASSOCIATES
By: \ N4 AV
TKRf$TOP1NE_R T. SMULL, ESQUIRE
Attorney I.D. No. 69140
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Plaintiff/Respondent
VERIFICATION
I, Gaill L. Cunningham, hereby verify and state that the facts set forth in the foregoing
document are true and correct to the best of my information, knowledge and belief. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to
unsworn verification to authorities.
Date: -)A-4o8
Gaill L. Cunningham
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-03094 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUNNINGHAM GAILL L
VS ,
CUNNINGHAM JOHN A JR
NOAH CLINE Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within SUBPOENA was served upon
r'r Tl"1TlTn T'ATTT the
WITNESS , at 1715:00 HOURS, on the 17th day of March
at 250 LEFEVER ROAD
NEWVILLE, PA 17241 by handing to
a true and attested copy of SUBPOENA
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 10.56
Postage .58
Surcharge 10.00
.00
39.14
Sworn and Subscibed to
before me this day
of
So Answers:
t B
R. Thomas Kline
03/18/2008
JAMES A MILLER
By
Deputy Sheriff
A. D.
. 2008
GAIL L. CUNNINGHAM, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
JOHN A. CUNNINGHAM, JR.,
Defendant NO. 06-3094 CIVIL TERM
IN RE: DEFENDANT'S PETITION TO TERMINATE
ALIMONY PURSUANT TO 23 Pa. C.S.A. SECTION 3706
ORDER OF COURT
AND NOW, this 18th day of k 2008, upon agreement of counsel, the
hearing previously scheduled in the above matter for March 19, 2008, is rescheduled to
Thursday, June 19, 2008, at 1:30 p.m., in Courtroom No. 1, Cumberland County
Courthouse, Carlisle, Pennsylvania.
ristopher T. Smull, Esq.
Maria P. Cognetti & Associates
210 Grandview Avenue
Suite 102
Camp Hill, PA 17011-1706
Attorney for Plaintiff
/mes A. Miller, Esq.
765 Poplar Church Road
Camp Hill, PA 17011
Attorney for Defendant
BY THE COURT,
J Wesley Ol , Jr., J.
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1 -.1 Wd 61 811 $OOZ
GAIL L. CUNNINGHAM, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
JOHN A. CUNNINGHAM, JR.,
Defendant NO. 06-3094 CIVIL TERM
IN RE: DEFENDANT'S PETITION TO TERMINATE
ALIMONY PURSUANT TO 23 Pa. C.S.A. SECTION 3706
ORDER OF COURT
AND NOW, this 6 h day of May, 2008, upon agreement of counsel, the hearing
previously scheduled in the above matter for June 19, 2008, is rescheduled to
Wednesday, July 30, 2008, at 1:30 p.m., in Courtroom No. 1, Cumberland County
Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
J. Wesley Oler, Jr:;1 J.
aria P. Cognetti, Esq.
210 Grandview Avenue
Suite 102
Camp Hill, PA 17011-1706
Attorney for Plaintiff
,/J/ames A. Miller, Esq.
765 Poplar Church Road
Camp Hill, PA 17011
Attorney for Defendant
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AftONIC)H iOdd 3HL d0
3011- CMH
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-03094 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUNNINGHAM GAILL L
VS
CUNNINGHAM JOHN A JR
WILLIAM CLINE
Cumberland County,Penn
says, the within SUBP
RT TR R T S PAUL
was served upon
the
WITNESS , at 001 :26 HOURS, on the 30th day of June , 2008
at 250 LEFEVER ROAD
NEWVILLE, PA 17241
PAUL BURRIS
a true and attested cc
by handing to
together with
and at the same time d4ecting His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Postage
7?I??oY C}?.. ?
Sworn and Subscibed to
before me this
Sheriff or Deputy Sheriff of
vania, who being duly sworn according to law,
of SUBPOENA
So Answers:
8.00
0.00
.00
0.00 R.rThomas Kline
.42
8.42 07/01/2008
JOHN CUNNINGHAM JR.
By.
day Deputy Sheriff
of 1, A. D.
GAIL L. CUNNINGHAM,
Plaintiff
V.
JOHN A. CUNNINGHAM, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO. 06-3094 CIVIL TERM
IN RE: DEFENDANT'S PETITION TO TERMINATE
ALIMONY PURSUANT TO 23 Pa. C.S.A. SECTION 3706
ORDER OF COURT
AND NOW, this 30ffi day of July, 2008, upon agreement of counsel, the hearing
previously scheduled for July 30, 2008, is CONTINUED GENERALLY.
Counsel are directed to notify the Court by motion if a hearing in this matter is
required or when a settlement has been reached.
BY THE COURT,
Maria P. Cognetti, Esq.
210 Grandview Avenue
Suite 102
Camp Hill, PA 17011-1706
Attorney for Plaintiff
James A. Miller, Esq.
765 Poplar Church Road
Camp Hill, PA 17011
Attorney for Defendant
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GAILL L. CUNNINGHAM,
Plaintiff
V.
JOHN A. CUNNINGHAM, JR.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-3094 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE
PRAECIPE TO ENTER AND WITHDRAW APPEARANCE
Kindly withdraw the appearance of Maria P. Cognetti, Esquire and Maria P. Cognetti and
Associates on behalf of the above-named Plaintiff, Gaill L. Cunningham, in connection with the
above captioned matter.
J
Date: /(l
Maria P. Cogn i Esquire
Kindly enter the appearance of Kristopher T. Smull, Esquire and Robinson & Geraldo, on
behalf of the above-named Plaintiff Gaill L. Cunningham, in connection with the above
captioned matter.
Date: l o l l loe
Kristopher T. §wAd,Es_qu1re_
ROBINSON & GERALDO
Attorney I.D. No. 69140
4407 North Front Street
P.O. Box 5320
Harrisburg, PA 17110
Telephone No. (717) 232-8525
CERTIFICATE OF SERVICE
wL
I, Kristopher T. Smull, Esquire, do hereby certify that on the Z day of October, 2008,
I caused a true and correct copy of the Praecipe to Enter and Withdraw Appearance to be served
upon the following individual by first class mail by depositing same in the United States, postage
prepaid, in Harrisburg, Pennsylvania.
James A. Miller, Esquire
765 Poplar Church Road
Camp Hill, PA 17011
ROBINSON&GE O
By:
topher T. Smull, Esquire
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsylvania
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 08/10/09
Case Number (See Addendum for case summary)
Employer/Withholder's Federal EIN Number
JOHNS MOBILE REPAIR SERV
1511 E COMMERCE AVE
CARLISLE PA 17013-9166
215-78-2984
Employee/Obligor's Social Security Number
2840000024
Employee/Obligor's Case Identifier
(See Addendlum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee'stobligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 800.0o per month in current child support
$ 100.00 per month in past-due child support Arrears 12 weeks or greater? (R) yes 0 no
$ o. oo per month in current medical support
$ 0.00 per month in past-due medical support
$ Boo. oo per month in current spousal support
$ 0.0o per month in past-due spousal support
$ o . oo
- per month for genetic test costs
$ 0.0
0 per month in other (specify)
$ one-time lump sum payment
for a total of $ 1,700.00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 392.31 per weekly pay period. $ 850.00 per semimonthly pay period
(twice a month)
$ 784.62 per biweekly pay period (every two weeks) $ 1, 700.00 per monthly pay period.
REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10)
working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of
withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work
state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of
the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding,
the following information is needed (See #9 on page 2).
Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic Payment method if an employer is
ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has
a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections
and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE
42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE D 'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) SOCIAL 01)?BER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL. ffc ?
BY THE COURT:
DRO: R.J. Shadday
Service Type M OMB No.: 0970-0154
864108406
544 S 2006
06-3094 CIVIL
OOriginal Order/Notice
@Amended Order/Notice
O Terminate Order/Notice
QOne-Time Lump Sum/Notice
RE: CUNNINGHAM, JOHN A. JR
Employee/Obligor's Name (Last, First, MI)
Form EN-028 Rev.5
Worker ID $IATT
J
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
I heck you are reqired to pr vide a opy of this form to youreedp m loyee. If yo r employee orks in a state that is
itierent from the state tuhat issuffthis order, a copy must be provito your employee even if tie box is not checked
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employeelobligor.
3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The
paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2327641090
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0
EMPLOYEE'S/OBLIGOR'S NAME:CUNNINGHAM, JOHN A. JR
EMPLOYEE'S CASE IDENTIFIER: 2840000024 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT-
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment,
refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit
Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of
employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social
Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is
supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is
increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may
deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section.
Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the
employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts
allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of
the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the
CCPA 0 5 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health
care premiums in determining disposable income and applying appropriate withholding limits.
10. Additional info:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state
that issued this order with respect to these items.
11. Send Termination Notice and
other correspondence to:
DOMESTIC RELATIONS SECTION
If you or your employee/obligor have any questions
contact WAGE ATTACHMENT UNIT
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
by telephone at (717) 240-6225 or
by FAX at (717) 240-6248 or
by internet www.childsupport.state.pa.us
Page 2 of 2 Form EN-028 Rev.5
Service Type M OMB No.: 0970-0154 Worker ID $IATT
1
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: CUNNINGHAM, JOHN A. JR
PACKS Case Number 235108927
Plaintiff Name
GAILL L. CUNNINGHAM
Docket Attachment Amount
06-3094 CIVIL$ 800.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACKS Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
Service Type M
Addendum
OMB No.: 0970-0154
PACSES Case Number 864108406
Plaintiff Name
GAILL L. CUNNINGHAM
Docket Attachment Amount
00544 S 2006 $ 900.00
Child(ren)'s Name(s): DOB
COLTEN CUNNINGHAM 12/31/92
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
Form EN-028 Rev.5
Worker I D $ IATT
CF THE Fr, , ;...:-)T RY
2009 AUG I 1 Psi 3: 4
GAILL L. CUNNINGHAM, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - DIVORCE
NO. 06-3094 CIVIL TERM
JOHN A. CUNNINGHAM. JR., . IN DIVORCE
Defendant/Respondent : PACSES CASE: 235108927
ORDER OF COURT
AND NOW to wit, this 25th day of August, 2009, it is hereby Ordered that the
Cumberland County Domestic Relations Section dismiss their interest in the above captioned
Alimony matter pursuant to the parties' Addendum Post Nuptial and Property Settlement
Agreement of August 11, 2009.
There were three (3) $800.00 payments that were posted to the Alimony account after
August 11, 2008, therefore a credit of $2400.00 will be directed to the child support case
#864108406.
BY ICE OURT:
C
Edgar B. Bayley, J.
DRO: R.J. Shadday
xc: Petitioner
Respondent
Kristopher T. Smull, Esq.
James A. Miller, Esq.
Form OE-001
Service Type: M Worker: 21005
O T FIl-Et ` c rr
c HP P4, TAR
2009 AUG 26 f3J, 3: 26
2 {? 4 i
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 06-3094 CIVIL
OOriginal Order/Notice
State Commonwealth of Pennsylvania 864108406 x Amended Order/Notice
Co./City/Dist. of CUMBERLAND 544 S 2006
Date of Order/Notice 08/25/09 OTerminate Order/Notice
Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice
RE: CUNNINGHAM, JOHN A. JR
Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI)
215-78-2984
Employee/Obligor's Social Security Number
JOHNS MOBILE REPAIR SERV 2840000024
1511 E COMMERCE AVE Employee/Obligor's Case Identifier
CARLISLE PA 17013-9166 (See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 800.00 per month in current child support
$ 0.00 per month in past-due child support Arrears 12 weeks or greater? Oyes ® no
$ 0.00 per month in current medical support
$ o. oo per month in past-due medical support
$ 0.00 per month in current spousal support
$ o . oo per month in past-due spousal support
$ o . oo per month for genetic test costs
$ 0._00 per month in other (specify)
$ one-time lump sum payment
for a total of $ Boo. oo per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 184.62 per weekly pay period. $ 400. oo per semimonthly pay period
(twice a month)
$ 369.23 per biweekly pay period (every two weeks) $ 800.00 per monthly pay period.
REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10)
working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of
withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work
state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of
the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding,
the following information is needed (See #9 on page 2).
Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is
ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has
a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections
and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE
42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDAN ' E AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SO?,/fI SECUR ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL. B
Y THE COURT:
DRO: R.J. Shadday
Service Type M
OMB No.: 0970-0154
B. Bayley, Judge
Form EN-028 Rev.5
Worker ID $IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
If your employee works in a state that is
If hecked you are required to provide a opy of this form to your .3m
diferent from the state that issued this or?er, a copy must be provi?ed to your employee even if the box is not checked.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employee/obligor.
3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The
paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2327641090
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 17-1
EMPLOYEE'S/OBLIGOR'S NAME:CUNNINGHAM, JOHN A. JR
EMPLOYEE'S CASE IDENTIFIER: 2840000024 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment,
refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of
employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social
Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is
supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is
increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may
deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section.
Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the
employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts
allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of
the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the
CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health
care premiums in determining disposable income and applying appropriate withholding limits.
10. Additional info:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state
that issued this order with respect to these items.
11. Send Termination Notice and
other correspondence to: If you or your employee/obligor have any questions,
DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT
13 N. HANOVER ST by telephone at (717) 240-6225 or
P.O. BOX 320 by FAX at (717) 240-6248 or
CARLISLE PA 17013
by internet www.childsupport.state.pa.us
Service Type M
Page 2 of 2
OMB No.: 0970-0154
Form EN-028 Rev.5
Worker I D $ IATT
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: CUNNINGHAM, JOHN A. JR
PACSES Case Number 864108406 PACSES Case Number
Plaintiff Name Plaintiff Name
GAILL L. CUNNINGHAM
Docket Attachment Amount Docket Attachment Amount
00544 S 2006 $ 800.00 $ 0.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s):
COLTEN CUNNINGHAM 12/31/92
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACKS Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
Addendum Form EN-028 Rev.5
Service Type M OMB No.: 0970.0154 Worker I D $ IATT
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