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HomeMy WebLinkAbout08-5056Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorney for Jason W. Donnelly JASON W. DONNELLY, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. SUZANNE E. DONNELLY, Defendant No. b$- ,So-r-(0 0ivi I -Em CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without 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, Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17113 (717) 249-3166 Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorney for Jason W. Donnelly JASON W. DONNELLY, Plaintiff, vs. SUZANNE E. DONNELLY, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. pS? - 5-6 SG c : X11 -Fe-/,. CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Jason W. Donnelly, an adult individual who resides at 329 15`h Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. Defendant is Suzanne E. Donnelly, an adult individual who resides at 1820 Willow Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 10, 2004, in Newport, Perry County, Pennsylvania. 5. There have been no prior actions in divorce or annulment between the parties. 6. The Defendant is not a member of the armed forces of the United States or any of its allies. 7. The Plaintiff avers that the marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. The Plaintiff does not desire counseling. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. Respectfully submitted, Date: r,k WSJ By: bu-ti O - A& aren W. Miller, Esquire Attorney I. D. # 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiff, Jason W. Donnelly 08278-001/137172 2 VERIFICATION I, Jason W. Donnelly, verify that the averments made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: Z 1 ©g Loo- J son W onn el \ ' ?-• C w N 00 R? 0 (11 r,,a -r c lD '-'C Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorney for Jason W. Donnelly JASON W. DONNELLY, Plaintiff, VS. SUZANNE E. DONNELLY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-5056 Civil Term CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I accept service of a Complaint on behalf of Defendant, Suzanne E. Donnelly, and certify that I am authorized to do so. Respectfully submitted, By: t 1 14 a- -.-% L nard Tintner, squire Attorney I.D. #6859 08278-001/137344 ?, .a C? `?? ...-t r, •'. ? - q"i .__., t, e --{-} .-<. ?.. JASON W. DONNELLY, Plaintiff, vs. SUZANNE E. DONNELLY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-5056 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 22, 2008. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: ) Z IILDr?' Jason t. D?(Welly' Pla' iff 08278-001/141291 ?. r7l F j 7r i JASON W. DONNELLY, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08-5056 Civil Term SUZANNE E. DONNELLY, CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTIONS 3301(c) AND 3301(d) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 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. 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: l L??S / , 7 Jzk-'I Jason . Do lly, rtiff 08278-001/141290 ` ?, Y,.._75 __'.'1 C?° ?? ?, ,?^" Y 1 M .°ti ; •r"'7 r,? `? r -? ` ` :?+? :? ,r. `" JASON W. DONNELLY, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 08-5056 Civil Term SUZANNE E. DONNELLY, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 22, 2008. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: a• g c.. Suz e E. Donnelly, Defendant ?? :y r???; `"? •: ? , ?_ - , ? .,w ?- c • ? ? ?_.. ` '- t ? ' ?.7 .? JASON W. DONNELLY, Plaintiff, VS. SUZANNE E. DONNELLY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-5056 Civil Term CIVIL ACTION - LAW 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTIONS 3301(c) AND 3301(d) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 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. 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: S .& j 9-0 VSan2rE. Donnelly, Defendant C ?m ? t ... v' d8 50.6(o Civil Term MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, dated theo?/ day of 2008, by and between JASON WILLIAM DONNELLY, 1820 Willow Road, Camp Hill, Cumberland County, Pennsylvania, 17011, Social Security No. 161-62-9121, hereinafter called the "HUSBAND", and SUZANNE ELIZABETH DONNELLY, 1820 Willow Road, Camp Hill, Cumberland County, Pennsylvania, 17011, Social Security No. 199-64-1911, hereinafter called the "WIFE", who agree as follows: WITNESSETH: WHEREAS, the parties are Husband and Wife, having been married on July 10, 2004; WHEREAS, diverse, unhappy and irreconcilable differences, disputes and difficulties have arisen between the parties, and it is the intention of Husband and Wife to live separate and the parties desire to enter into an Agreement settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation: ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and any and all claims and possible claims by one against the other or against their respective estates; NOW THEREFORE, in consideration of the promises 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, Husband and Wife, each intending to be legally bound hereby, mutually agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Husband or Wife to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to condone any act(s) of the other party which have occasioned the disputes or unhappy differences whether occurring prior or subsequent to the date of this Agreement. Upon initiation of an action in divorce by either party, the parties intend and agree to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code. 2. EFFECT OF DECREE, NO MERGER The provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment, or order of separation or divorce in any state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them for purposes of enforcement only of any provisions therein, but shall survive such decree. 2 3. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall take place simultaneously with the execution of this Agreement. 4. ADVICE OF COUNSEL The parties acknowledge that they have had the opportunity to receive and have received independent legal advice from counsel of their selection at their sole discretion and that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that the execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreements. 5. FINANCIAL DISCLOSURE Husband and Wife represent and agree that they have made a full and complete disclosure to the other of all information of financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner misrepresented. Each party acknowledges that they have been informed they may have the right, as provided by statute and Pennsylvania Rules of Civil Procedure, to obtain information regarding the parties' finances. Such information would include, without limitation, their present and past income; and the identity and value of assets both presently owned and transferred previously. 6. FILING INVENTORIES AND APPRAISEMENT The parties further acknowledge their understanding that they each have the right to file Inventories and Appraisement with the Court and to require the other party to do so. Such Inventories and Appraisement require a party to indicate, under oath, information regarding all 3 marital property in which either party has an interest as of the date the action was commenced. Husband and Wife voluntarily and intelligently agree to waive any rights which they may have to receive an inventory and appraisement of all property owned by them jointly or individually, at the time of delivery of this Agreement or of the commencement of any action in divorce. 7. TAX LIABILITY The parties believe and agree, and have been so advised, each at their sole discretion by their attorneys that the division of property made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of property. Each party promises not to take any position with respect to the property assigned to him or her or which is inconsistent with this position on his or her Federal, State or local income tax returns. 8. PERSONAL RIGHTS Husband and Wife may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest or interfere with each other, nor shall either of them attempt to compel the other to cohabit or dwell with her or him, by any means whatsoever, nor in any way interfere with the peaceful existence, separate and apart from the other. Neither party shall harass or be verbally or physically abusive to the other. 9. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and 4 from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 10. EQUITABLE DISTRIBUTION OF PROPERTY It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage, as contemplated by The Act of April 2, 5 1980 (P.L. 63, No. 26) known as "The Divorce Code," 23 P.S. 3101 et. seq. of the Commonwealth of Pennsylvania. And further, that the parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in 3502 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage, the prior marriages, if any, of the parties; the age, the health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of one party to the education, training, or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 11. DISTRIBUTION OF PERSONAL PROPERTY The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property, including but not limited to bank accounts, household goods, furniture, furnishings and contents of the marital home. Neither party shall make any claim to any such other items of marital property, or of their separate personal property, which are now deemed in the respective possession and/or under the control of the other party. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or 6 control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written certificate of insurance or other similar writing is in the possession or control of the party. Each of the parties, subject to the terms hereof, hereby specifically waives, releases, renounces and forever abandons any claim which he or she may have with respect to those items of personal property hereby assigned to the other, which such items shall hereafter be the sole and exclusive property of the other. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible and intangible, subsequently acquired by a party. A. VEHICLES Distribution of the personal property is deemed to include motor vehicles previously owned or leased by the parties, and any substitutions and replacements thereof. It is agreed that the 2005 Pontiac Sunfire, together with any substitutions or replacements thereof, with all right, title, possession and interest therein, shall become and remain the sole and exclusive property of Husband. Husband agrees to assume, indemnify and respectively hold the Wife harmless from any and all liability for any and all liens, currently held by BELCO, encumbrances, lease and other obligations with respect to such vehicle retained by Husband, as well as be responsible for any and all maintenance, taxes and insurance with respect to this vehicle. 7 It is agreed that the 1995 Toyota Tercel, together with any substitutions or replacements thereof, with all right, title, possession and interest therein, shall become and remain the sole and exclusive property of Wife. Title thereto shall be transferred to the name of the Wife who, in exchange therefore, agrees to assume, indemnify and respectively hold the Husband harmless from any and all liability for any and all liens, encumbrances, lease and other obligations with respect to such vehicle retained by Wife, as well as be responsible for any and all maintenance, taxes and insurance with respect to this vehicle. B. BANK ACCOUNTS Husband and Wife acknowledge and agree that all rights, title and interest to the parties' joint BELCO Credit Union savings and checking accounts shall become and remain the sole and exclusive property of Husband. Wife acknowledges and agrees that upon execution of this Agreement, she shall not be an authorized user, and shall be removed as such authorized user, from any and all savings and checking accounts with BELCO Credit Union. C. 2007 TAX LIABILITY Husband and Wife acknowledge and agree that the 2007 IRS Federal Income Tax refund or liability for taxes owed shall be divided fifty-percent (50%) to Wife and fifty-percent (50%) to Husband. D. HOUSEHOLD ITEMS Husband and Wife acknowledge and agree that the following items will remain the Husband's property. Husband's books; Husband's family wedding ring; armoire, dining room suit, roll-top desk, and bedroom suit, including the double bed and two (2) dressers; the laptop; the custom-made desktop; the Keltec P11 handgun; the Savage 223 rifle; and the exercise/weight equipment. 8 Husband and Wife agree that all other household items will remain the sole property of Wife. 12. HUSBAND'S DEBTS Husband represents and warrants to Wife that since the 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 and obligations incurred by the Husband prior to the date of the delivery of this Agreement, and all further debts incurred by the Husband from and after the date of delivery hereof, shall be the Husband's individual responsibility. 13. WIFE'S DEBTS Wife represents and warrants to Husband that since the 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 the Wife prior to the date of delivery of this Agreement, and all further debts incurred by the Wife from and after the date of delivery hereof, shall be the Wife's individual responsibility. 14. MARITAL DEBTS Husband and Wife acknowledge that there is outstanding joint indebtedness which has been incurred as provided hereinafter. The joint mortgage obligation regarding the marital home is addressed in paragraph 17 hereof. Husband and Wife agree to jointly assume responsibility for the parties' BELCO Credit Union Platinum Visa credit card balance, with a current balance of $9,903.98 (as of August 1, 2008), for which the entire payment shall be made and satisfied out of the proceeds of the sale of the marital home, discussed in paragraph 17 hereof. Husband and Wife further agree that any remaining 9 proceeds will be divided equally between Husband and Wife. Husband and Wife hereby acknowledge and agree that Husband shall remain responsible for all Husband's student loans, currently serviced by American Education Services (AES). Husband agrees to assume, indemnify and respectively hold the Wife harmless from any and all liability for any and all liens, currently held by AES, encumbrances, and other obligations with respect to such student loans. Husband and Wife hereby acknowledge that there are no other outstanding joint bills or indebtedness which have been incurred by either for the liability of the other, and both parties hereby covenant and agree that neither shall have any financial obligation to pay any financial obligations which are solely the financial obligation of the other and which have been contracted by either party solely for their own benefit. Husband and Wife further agree that they will indemnify the other from any and all claims or demands made against the other by reason of any debts or obligations contracted in violation of this Agreement. In the event that either party contracted or incurred any debts, the party who incurred said debt shall be responsible for the payment thereof, regardless of the name in which the account may have been charged. Wife acknowledges and agrees that upon execution of this Agreement, she shall not be an authorized use, and shall be removed as such authorized user, from the BELCO Credit Union Visa on which Husband is the primary cardholder. 15. RETIREMENT FUNDS A. Husband acknowledges that Wife has accrued and is entitled to certain pension, profit sharing or other retirement and employment benefits as a result of her employment with Scottsdale Parks and Recreation, Scottsdale, Arizona. Husband hereby waives any right, title and interest he may have, if any, in any retirement savings plan, pension or other retirement and employment benefits, including but not limited to interest, dividends and increase in value thereafter accruing, 10 which said Plan benefit and account shall be and remain the sole and exclusive property of Wife. B. Wife acknowledges that Husband has accrued and is entitled to certain pension, profit sharing or other retirement and employment benefits as a result of his employment with the University of Phoenix and ITT. Wife hereby waives any right, title and interest she may have, in any and all retirement savings plan, pension or other retirement and employment benefits of Husband, including but not limited to his stock and 401 K Account, including interest, dividends and increase in value thereafter accruing, which said Plans and benefits shall be and remain the sole and exclusive property of Husband. C. Husband and Wife shall each be deemed to retain and remain in possession and control of any social security benefits which either party may respectively have a vested or contingent right or interest, for which they are eligible, if any, at the time of signing of this Agreement. 16. LIFE AND HEALTH INSURANCE At the present time, by reason of their marriage to each other, Wife and Husband are eligible for participation in and coverage under the health insurance policy maintained for Husband and his dependents by Harrisburg University, through its health insurance carrier, Highmark/Blue Shield. Both parties acknowledge that upon the issuance of the final Divorce Decree between Husband and Wife, Wife shall no longer be a dependent of Husband entitled to such health insurance coverage, but will be entitled to have offered to her, at her own costs, continued coverage known as "COBRA" coverage. Husband agrees to maintain Husband and Wife's health insurance coverage on his health insurance plan through his employer at his own expense until the final Divorce Decree is issued pursuant to Section 3301(c) of the Divorce Code, addressed in paragraph 1 hereof. 11 17. REAL ESTATE A. 1820 Willow Road, Camp Hill, Cumberland County, Pennsylvania, 17011. The parties are the joint owners of real estate which had previously been their marital home, known as 1820 Willow Road, Camp Hill, Cumberland County, Pennsylvania, 17011 (hereinafter "Property"). Husband and Wife agree that the property will be sold for the purchase price of $160,000.00, by October 31, 2008. Husband and wife are jointly responsible for the September, 2008 mortgage payment to Wachovia Mortgage. Thereafter, beginning in October, 2008, Wife, solely, will commence mortgage payments on the property. Upon sale of the property, Husband and Wife will execute a Deed, transferring all rights, title and interest in and to the aforementioned marital home to Randy and Jeanne Davis. From the gross proceeds of settlement, there shall be paid the following: 1. existing joint mortgage obligation, currently held by Wachovia Mortgage in the amount of $137,689.20 (as of August 4, 2008); 2. normal and incidental costs associated with sale of real estate, exclusive of realty transfer tax, as the instant transaction constitutes an exempt transfer; 3. existing joint indebtedness carried on the BELCO Credit Union Platinum Visa credit card in the amount of $9,903.98 (as of August 1, 2008); 4. remaining proceeds shall be divided equally between Husband and Wife. Wife agrees that upon execution of this Agreement, she shall indemnify and hold harmless, Husband from all further liability or responsibility with regard thereto. It is further agreed that Wife shall assume, indemnify and hold harmless Husband, upon execution of this Agreement, from any and all liability for any and all other liens, mortgages, maintenance, costs, expenses, trash, sewer, water, taxes and insurance, utilities and all other obligations of whatsoever nature with respect to the 12 property. 18. WAIVER OF SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or other maintenance. It shall be from the date of this agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. In the event that Wife has initiated against Husband any legal or other action for or pertaining to any form of support or maintenance, such as spousal support, alimony or alimony pendente lite, said action shall be deemed withdrawn and be terminated for all purposes effective immediately upon execution of this Agreement. 19. ATTORNEY FEES, COSTS & EXPENSES The parties agree to waive receipt of and to be responsible for their own attorney fees, costs and expenses in connection with the negotiation and preparation of this agreement and the granting of a divorce decree. 20. BREACH OF AGREEMENT If either party fails in the due performance of obligations under this agreement at their election, the non-breaching party shall have the right to sue for damages for breach of this agreement or to rescind same and seek such legal remedies as may be available to them. The breaching party will be responsible for actual legal fees and costs incurred by the non-breaching party necessary to the enforcement of this agreement. 21. LAW OF PENNSYLVANIA APPLICABLE This agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this agreement. 22. AGREEMENT BINDING ON HEIRS 13 This agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 23. SEVERABILITY If any term, condition, clause or provision of this agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this agreement and in all other respects this agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 24. INTEGRATION This agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 25. MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 26. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party upon request any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this agreement. 27. WAIVER 14 The failure of either party to insist upon strict performance of any of the provisions of this agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 28. HEADING NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this agreement nor shall they affect its meaning, construction or effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. WITNESS: W b, ? ??f ? Jaso /William Do elly c Suza??l Elizabeth Donnelly 08278-001/136284 15 COMMONWEALTH OF PENNSYLVANIA COUNTY OF .?Iq u10 %"v : SS: On this, the .7/ ,oz` day of 2008, before me, a Notary Public, the undersigned officer, personally appeared Jason William Donnelly, known to me to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. Mycammission expires: STATE OF PENNSYLVANIA COUNTY OF Public NOTARIAL SEAL DEBRA A. FIKE, NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN CQ IIY COMMISSION EXPIRES OCT. 24, 2009 : SS: On this, the {1 day of 2008, before me, a Notary Public, the undersigned officer, personally appeared Suzanne Elizabeth Donnelly, known to me to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that he executed the same for the purposes therein co ed. Notary Public My commission expires: 3 ) T-1Jcx6 COJIMONWEALTIi OF PENNSYLVAN A SEN DENISE LNF _ df Me O?STE 0 eP?? P? r> Karen W. Miller, Esquire Attorney I.D. No. 200037 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Plaintiff, Jason W. Donnelly JASON W. DONNELLY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND CO., PENNSYLVANIA VS. SUZANNE E. DONNELLY, Defendant TO THE PROTHONOTARY: : NO. 08-5056 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE Please file the attached Marriage Settlement Agreement in the above docket. Respectfully submitted, CALDWELL & KEARNS, P. C. Date: January 22, 2009 By: vj?k? aren W. Miller, Esquire Attorney I.D. # 200037 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 (717) 232-2766 Fax Attorney for Plaintiff, Jason W. Donnelly 08278-001/143621 CERTIFICATE OF SERVICE AND NOW, this 22nd day of January, 2009, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same via U.S. First Class Mail to: Leonard Tintner, Esquire Boswell, Tintner, Piccola & Alford 315 North Front Street P. O. Box 741 Harrisburg, PA 17108 CALDWELL & KEARNS By: 08278-001/143621 Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorney for Jason W. Donnelly JASON W. DONNELLY, Plaintiff, VS. SUZANNE E. DONNELLY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-5056 Civil Term CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I accept service of a Complaint on behalf of Defendant, Suzanne E. Donnelly, and certify that I am authorized to do so. A ' aoo? Respectfully submitted, By: L nard Tintner, esquire Attorney I.D. #6859 08278-001/137344 {? ?? :? r; c ? ? ? i r....; ? L` ` . ?..? 4 ? S ?_ , -` r i, s,. ?, ? 't ?.: ? ;; C_:S :.? ?, (?.-' L l _+ Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Plaintiff, Jason W. Donnelly JASON W. DONNELLY, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. SUZANNE E. DONNELLY, Defendant No. 08-5056 Civil Term CIVIL ACTION - LAW 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: by Acceptance of Service of Attorney Leonard Tintner on behalf of Defendant on August 27, 2008, and filed on September 2, 2008. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff, December 1, 2008; by Defendant, December 21, 2008. a (b) (1) Date of execution of the Affidavit required by § 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiff's Affidavit: N/A 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe a copy of which is attached: N/A (b) Date Plaintiff's Waiver of Notice was filed with the Prothonotary: Filed December 22, 2008. Date Defendant's Waiver of Notice was filed with the Prothonotary: Filed January 14, 2009. Respectfully submitted, Dated: January 22, 2009 CALDWELL & KEARNS By: t1" IN Karen W. Miller Attorney I.D. #200037 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff, Jason W. Donnelly 08278-001/141280 f T'; := t? , _ IN THE COURT OF COMMON PLEAS OF JASON W. DONNELLY CUMBERLAND COUNTY, PENNSYLVANIA V. SUZANNE E. DONNELLY NO. 08-5056 DIVORCE DECREE AND NOW, ?'1y11. 27 '4'001 , it is ordered and decreed that JASON W. DONNELLY plaintiff, and SUZANNE E. DONNELLY 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.") SUBJECT, HOWEVER, to the obligation of both parties to comply with the terms of Me Marriage Settlement Agreement betWeen Me parties dated August 2 1, , the terms of which are hereby made part of this Decree in Divorce, but shall not be merged herein. the Court, Attest: J. Prothonotary L - ??? A t t