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HomeMy WebLinkAbout06-3613 ROBIN L. BURNHISEL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW / SEAN S. BURNHISEL, NO. 0(°- 301`3 Defendant IN DIVORCE l NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 Respectfully submitted, IS FWWM'& LINDSAY 26 West High Street Carlisle, PA SA IS, FL MERINDSAY Carol J. Lindsa , quire 26 West High Stvalet Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff Dated: 6/1, i7 la ROBIN L. BURNHISEL, Plaintiff V. SEAN S. BURNHISEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0 b- 3413 L' ,V IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE COUNTI 1. The Plaintiff is Robin L. Bumhisel, an adult individual residing at 54 Tabor Road, Newburg, Pennsylvania 17240. 2. The Defendant is Sean S. Burnhisel, an adult individual residing at 54 Tabor Road, Newburg, Pennsylvania 17240. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 3, 1992, in Cumberland County, Pennsylvania. 5. The Plaintiff has been advised that counseling is available and that she has the right to request that the court require the parties to participate in counseling. 6. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with SA OE S, FWWER Sz LINDSAY 26 West High Street Carlisle, PA §3301 of the Pennsylvania Divorce Code. COUNT 11 UNDER SECTION 3301(a)(ii) OF THE DIVORCE CODE 7. The averments in paragraphs 1 through 6 are incorporated herein by reference. 8. Defendant has committed adultery. 2 WHEREFORE, Plaintiff requests the entry of a Decree in Divorce, divorcing Plaintiff from Defendant. COUNT III UNDER SECTION 3301(a)(vi) OF THE DIVORCE CODE 9. The averments in paragraphs 1 through 8 are incorporated herein by reference. 10. Defendant has offered Plaintiff, an innocent and injured spouse, such indignities as to render her condition intolerable and her life burdensome. WHEREFORE, Plaintiff requests the entry of a Decree in Divorce, divorcing Plaintiff from Defendant, COUNT IV - EQUITABLE DISTRIBUTION 11. The averments in paragraphs 1 through 10 are incorporated herein by reference. 12. During their marriage, the parties have acquired certain property, both personal and real. WHEREFORE, Plaintiff requests this Court to equitably divide the marital property. COUNT V - ATTORNEY' FEES AND COSTS 13. The averments in paragraphs 1 through 12 are incorporated hereto as if fully set forth herein. 14. Plaintiff is unable to sustain herself during the course of this litigation or to pay the necessary and reasonable attorney's fees and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. Respectfully submitted, FWVVERIS & LINDSAY a 26 West High Street Carlisle, PA SAIDIS, FLO R & Y ZZM Ca Ml I Lands y quire 26 West High S at Carlisle, PA 17013 (717)243-6222 Counsel for Plaintiff 3 ("l o C>> C _ ..n O o p T Id s, r.. ROBIN L. BURNHISEL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 0(0-31013 SEAN S. BURNHISEL, Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Robin L. Burnhisel, Petitioner, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property (Equitable Distribution) ( ) Annulment ( ) Support ( ) Alimony (X) Counsel Fees ( ) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is not complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant, appeared in the action and is represented by counsel, (3) The statutory grounds for divorce are §3301 (c) and/or (d) (4) Delete the inapplicable paragraph(s). (a) The action is contested. (b) An agreement has been reached with respect to the following claims: NONE. (c) The action is contested with respect to the following claims: ALL. (5) The action does not complex issues of law or fact. (6) The hearing is expected to take: one day (7) Additional information, if any, relevant to the motion: Defendant needs the following information from Plaintiff to proceed: 1. Plaintiffs 2005 Income Tax Return 2. Plaintiffs most recent pay stub SAIDIS, LINDSAY ATIOATUW 26 West High Street Carlisle, PA Date: Z SAIDIS, FLOWER & Y Carol J. Lindsay, 26 West High Str Carlisle, PA 1701 717-243-6222 ROBIN L. BURNHISEL, Plaintiff V. SEAN S. BURNHISEL, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Ob- 3`13 "c.?i ?.? IN DIVORCE PRAECIPE The attached Verification was inadvertently not attached to the Complaint in Divorce filed on June 26, 2006. Please attach it. SAIDIS, FLOWER & LINDSAY 1-11%-? SAIDIS, FLOWER & LINDSAY MEEIRMU-MAW 26 West High Street Carlisle, PA Dated: '7.7° 0(' Carol J-Lind y, E uire Supreme Co rt o. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. L "X d- 11YLZZ6?A- ?obin L. Bum isel Dated: G-) o - 0 G FLOWER & LEVDSAY 26 West High Street Carlisle, PA 3 . li CERTIFICATE OF SERVICE On this day of 2006, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individuals, via first class mail, postage prepaid, addressed as follows: Sean S. Bumhisel 54 Tabor Road Newburg, PA 17240 SAIDIS, FLOWER & LINDSAY Supreme C u 44693 26 West Hig et Carlisle, PA 17013 717-243-6222 FLOWER ? LEVDS" 26 West High Street Carlisle, PA r?-a ??_ ? -- t i i ., r .. ^--? _?_ s _.., .- { t " i L E ? IOG6 ROBIN L. BURNHISEL, IN THE COURT OF COMMONPEERB" Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SEAN S. BURNHISEL, NO C)&- 3/013 Defendant IN DIVORCE ORDER APPOINTING MASTER [t . /A)ND? NOW, this ?f{ a _ day of 12006, G . ?? triXA 1 r 1 t? _ Esquire, is appointed master with respect to the following claims: Y c 1 - f ??TT SAM FWWSRIS'& lams" 26 West High Street Carlisle. PA ROBIN L. BURNHISEL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW : NO. dL' 3Le I SEAN S. BURNHISEL, Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please reinstate the Complaint in Divorce in the captioned case. SAIDIS, FLOWER & LINDSAY Carou. Linds quire Supreme C rt ID o. 44693 26 West Hi h S et Carlisle, PA 17013 717-243-6222 Dated: qlz- 7/01";7 SAIDIS, FLOWER & LINDSAY ATTORMY6•AT-1 26 West High Street Carlisle, PA ::.?, _? _ ?, cra '-? ?n -?fi; i`+,? -?{ ?°. `?.:.. 1. ; ?`?l _ <. ?: - r (.?? :i? ?.7 •^G: ROBIN L. BURNHISEL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO.apc- 03? 13 SEAN S. BURNHISEL, Defendant IN DIVORCE ACCEPTANCE OF SERVICE SAIDIS, FLOWER & LINDSAY A170 ruw 26 West High Street Carlisle, PA matter. I, Sean S. Burnhisel, accept service of the Divorce Complaint in the above-captioned 10119106 Date Sean S. Burnhisel cM `? i r1, r' - wpb '' C kl&n L. 4,1-f2hise'l vs ??C n .S• >Qc??n ? is? Case No. ()? - 3 40 13 Statement of Intention to Proceed To the Court: ?Ob 1 n • 4u. r n h i s f-11 intends to proceed with the above captioned matter. Print Name `?? b1 ?7 h . U rn kiS C sign Name Explanatory Comment Date: ? LOAttorney for The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1498) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Ru1e230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. RM-oFeE OF THE PROTHONOTARY 209 OCT 27 PSI 12: 30 CUMBL.Fi, -- 46 cl, uwy P?'Jl XVANIA ROBIN L. BURNHISEL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 06-3613 SEAN S. BURNHISEL, Defendant IN DIVORCE ) r:: t PRAECIPE TO WITHDRAW APPEARANCE `•'' TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Plaintiff, Robin L. Bumhisel, in the above captioned case. Respectfully submitted. SAIDIS, NDSAY Carol J. Lindley uire Supreme Cou No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: / P4/1V PRAECIPE TO ENTER APPEARANCE SAIDIS, FLOWER & LINDSAY ,?rtow?s•,?T uw 26 West High Street Carlisle, PA TO THE PROTHONOTARY: Please enter my appearance as counsel of record for the Plaintiff, Robin L. Burnhisel. bin L. Burnhis I, pro se ROBIN L. BURNHISEL, Plaintiff VS. SEAN S. BURNHISEL, Defendant AND NOW, this THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 3613 CIVIL IN DIVORCE ORDER OF COURT day of 7)j , 2010, the parties having received a notice from the Master's office to appear for a conference on March 8, 2010, at 9:00 a.m., and neither of the parties having appeared nor having been in contact with the Master's office regarding the conference, the appointment of the Master is vacated. BY THE COURT, cc: v?•W' O O , O? /obin L. Burnhisel Plaintiff /ean S. Burnhisel Defendant t N 2 Q La ;e. O -n UT r ?. f71 r -OM i _ i-° _ 5 m C c ROBIN L. BURNHISEL, rnm c IN THE COURT OF COMMON S r- -TJ rn -01 Plaintiff CUMBERLAND COUNTY, PE N ?YLVtU11AMt= rte-- 2 CD C> --io V. CIVIL ACTION - LAW CD 2s ='n NO. 06-3613 zc> s SEAN S. BURNHISEL, y,c co =3M Defendant IN DIVORCE fi- Cr, DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on June 26, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: can S. Burnhisel DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVO DECREE UNDER& 3301 (c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: s can S. Burnhisel ROBIN L. BURNHISEL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW C11 N0.06-3613 c 3 SEAN S. BURNHISEL, rn w Defendant IN DIVORCE mw= rte-- -ar- -<> a PLAINTIFF'S AFFIDAVIT OF CONSENT =CD s••? 1. A Complaint in Divorce under § 3301(c) of the Divorce Code wai7f o'?PJun<4 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days h ave elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: L1,5-111 A-klta-,? Robin L. Burnhisel PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to they penalties of 18 Pa.C.S. 4904 relating to unsworn fal,.ication to authorities. / 1 , Date: -711,5111 bin L. Bu ROBIN L. BURNHISEL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANK V. CIVIL ACTION - LAW S r r 'rn NO. 06-3613 ? , o SEAN S. BURNHISEL, ! -- Defendant IN DIVORCE co PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this '5v4L- day of J , 204 ; between ROBIN L. BURNHISEL, of 54 Tabor Road, Newburg, Cumberland County, Pennsylvania, hereinafter referred to as Wife, and SEAN S. BURNHISEL of 54 Tabor Road, Newburg, Cumberland County, Pennsylvania, hereinafter referred to as Husband. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on October 3, 1992, in Cumberland County, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 06-3613, Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. R4: The parties also desire to settle their issues of custody of their minor children, Anna E. Bumhisel, born July 2, 1994 and Jacob S. Bumhisel, born February 28, 1997, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. 1 NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to cant' out the terms of this Agreement. (2) DIVORCE: Except as otherwise provided for in this Agreement, this Agreement shall remain in full force and effect even if no final decree in divorce is entered. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 54 Tabor Road, Newburg, Cumberland County, Pennsylvania. On the same day as the date of this Agreement, Husband will execute a special warranty deed transferring to Wife all his right, title and interest in the marital home. Said deed shall be held in escrow by Wife's attorney to be recorded upon Wife's refinance or otherwise removing Husband's name as a responsible party on the mortgage/home equity loan(s). Wife shall be solely and exclusively responsible for the payment of all obligations related to the marital home including the mortgage, home equity line of credit, taxes, homeowner's insurance and utilities. With regard to all such expenses, Wife shall indemnify and hold Husband harmless from any loss. Within forty-five (45) days of the date of this Agreement, Wife will refinance the marital home so that Husband is no longer liable thereon. Further, within ten (10) days of the date of this Agreement, Husband will notify the electric company and the telephone 2 company that the accounts are to be transferred into Wife's name and she will be solely responsible for them. Husband shall move from the marital home and Wife shall have exclusive possession of the home on the 14th day after the date of this Agreement. The parties also have a one-third (1/3) interest in 33 acres of land in Cumberland County, Pennsylvania owned with Husband's father and brother. Wife hereby waives all her right, title and interest to the 33 acre tract and will execute a special warranty deed provided by Husband transferring to him all such interest. Husband or Husband's attorney shall prepare the deed to transfer Wife's interest in this property to Husband's name individually, or the deed shall otherwise be prepared at Husband's expense. With respect to any obligation related to the 33 acre tract, including the taxes and insurance, Husband hereby indemnifies and holds Wife harmless against any loss thereon. (4) DEBT: A. Marital Debt: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement, except as follows: i. The mortgage and home equity loan encumbering the marital home; ii. The obligation encumbering the 2006 Chevrolet Trailblazer; iii. A jointly titled Visa in the amount of approximately $9,000.00. Wife shall pay the obligations on the marital home as set out in paragraph 3 above and also the Trailblazer and Visa obligations by making timely monthly payments in at least the minimum amount required by the creditors until paid in full. With regard to all such debt, Wife indemnifies Husband and holds him harmless from any and all claims and demands made against either of them by reason of such debt. 3 B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on June 26, 2006, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this Agreement, neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Specifically, Wife shall retain the 2006 Chevrolet Trailblazer subject to its lien. Wife shall also retain her pre- marital 1979 Camaro Z-28 T-top. Husband will retain the 1998 Chevrolet % ton truck and the 2002 truck, neither of which are encumbered. Within ten (10) days of the date of this Agreement, each party shall execute any documents necessary to have said vehicles properly registered in the name of the party who is retaining them. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. (6) TANGIBLE PERSONAL PROPERTY: Attached hereto as Exhibit "A" is a list of personal property to be retained by Husband. All other personal property shall be the sole and separate property of Wife. With regard to the property retained by the parties, they mutually agree that they waive any interest in the property set out to each property set out to each party by the terms of this Agreement whether said property was heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the 4 parties hereto. With regard to the items set out on Exhibit W, Husband shall remove the items from the marital home within two weeks of the date of this Agreement. In the event that Husband does not remove the items within the time stated, the items will be Wife's sole and separate property. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401K plans and the like. Specifically, the parties will retain their own bank accounts, their own retirement accounts and their own life insurance policies. (8) CUSTODY OF CHILDREN: The parties agree that they shall share legal custody of their minor children, Anna E. Bumhisel, born July 2, 1994 and Jacob S. Bumhisel, born February 28, 1997. Each parent shall be entitled to all records and information pertaining to the children including, but not limited to, school and medical records and information. Wife shall have the ability to make the day-to-day decisions regarding the children's health, education and welfare. Wife shall exercise primary physical custody and Husband shall"exercise periods of partial physical custody from time to time as the parties can agree. Husband shall provide working contact information, including telephone numbers and the address where he will exercise custody, to Wife prior to exercising his periods of partial custody. (9) CHILD SUPPORT: At the time of execution of this Agreement, Wife does not collect child support payments from Husband. (10) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or 5 she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (11) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this Agreement with which to consult with counsel. Wife is represented by Carol J. Lindsay, Esquire and Husband is represented by John Mangan, Esquire. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the 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. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (12) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (13) INCOME TAX: A: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the 6 cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B: Wife shall take the parties' children as dependency exemptions on her Federal income tax return so long as she continues to be the primary custodian of the children. (14) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (15) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (16) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (17) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is 7 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 party's rights against the other for 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 the party, including all claims which have been raised or may be raised in an action for divorce. (18) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. a F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (19) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (20) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (21) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (22) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral 9 or written, of any nature whatsoever, other than those herein contained. (23) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: *RBIN BURNHISEL SEAN S. BURNHISEL 10 COMMONWEALTH OF P IAN YLVANIA - Af ON, 1!5? D ?1S :SS. COUNTY OF CUMBERLAND On this day of - 201p, before me, the undersigned, personally appeared SEAN S. BUR Ht EL, whose name is subscribed to the within instrument, and acknowledged that executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL JANE ADAMS Notary Public CARLISLE BORO., CUMBERLAND COUNTY My Commission Expires Sep 6, 2012 COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF CUMBERLAND On this 5_ day of 2G%-before me, the undersigned, personally appeared ROBIN L BU SEL, whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. c Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Barbara E. Steel, Notary Public Carlisle Borough, Cumberland County My Commission Expires June 07, 2015 11 EXHIBIT "A" Master bedroom suite and mattress set Living room couch, loveseat and chair Living room wooden rocker Grandfather clock Living room television Living room television stand Living room telephone stand Living room braided rugs Living room fox pictures Dining room Indian print All contents of den Deep freezer in garage All tools in garage Small refrigerator in garage Garage dehumidifier Christina's World print Wolf picture in hallway 12 ROBIN L. BURNHISEL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW c C::? N0.06-3613 ,n Co e 2-1 SEAN S. BURNHISEL, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD 31- 3 X- c-? co ....l To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on October 19, 2006. An Affidavit of Service was filed with the Court on October 25, 2006. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was signed: By Plaintiff: July 15, 2011 and filed with the Prothonotary contemporaneously herewith. By Defendant: July 1, 2011 and filed with the Prothonotary contemporaneously herewith. 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated July 15, 2011 are incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: By Plaintiff: July 15, 2011 and filed with the Prothonotary contemporaneously herewith. By Defendant: July 1, 2011 and filed with the Prothonotary contemporaneously herewith. Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 SAIDIS, SULLIVAN & ROGERS r Mar?I as, Esjuire Supreme ourt ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Attorney for Plaintiff ROBIN L. BURNHISEL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SEAN S. BURNHISEL No. 2006-3613 DIVORCE DECREE AND NOW, 20 it is ordered and decreed that ROBIN L. BURNHISEL , plaintiff, and SEAN S. BURNHISEL bonds of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE. (The terms of the attached Marital Settlement Agreement, dated July 15, 2011, are incorporated but not merged into this Decree in Divorce.) By the Court, Prothonotary 7 e e A ?? ?Pq, ye d /V ?? Aloj? ywf6s A91,700