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HomeMy WebLinkAbout08-7106DIANE K. BRADSHAW, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 6 - 7l GCP C 1 li' l ?!? ?i'?'? ROBERT T. BRADSHAW, Defendant IN DIVORCE 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 York 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS,,ELOWER &.WND$AY SAMIS, FLOWER & LINDSAY nr uw ATTOOM 26 West High Street Carlisle, PA Carol J. Linds Attorney Id. 4 693 26 West High el Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff DIANE K. BRADSHAW, Plaintiff V. ROBERT T. BRADSHAW, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 4 f-- 17 /a6 ' ZI T?.w. IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is Diane K. Bradshaw, an adult individual, residing at 1602 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania. 2. The Defendant is Robert T. Bradshaw, an adult individual, residing at 1602 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania. 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 March 5, 1983 in Harrisburg, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the SAMIS, DOWER & LINDSAY u uw 26 West High Street Carlisle, PA parties in this or in any other jurisdiction. 6. 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. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. SAIDIS, FLOWER & Carol J. Lindsay/EE Attorney Id. 4093 26 West High tre Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS, FLOWER & LINDSAY ATMENUS-AMAN 26 West High Street Carlisle, PA A Ilk 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. Date: I I ?mil vg SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Di A,,A- 4 &0 ak." Diane K. Bradshaw NOV 2 6 2000 1 i :7 a DIANE K. BRADSHAW, Plaintiff V. ROBERT T. BRADSHAW, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7106 Civil Term : CIVIL ACTION -- DIVORCE ACCEPTANCE OF SERVICE I, Nora F. Blair, Esquire, am the Attorney for the Defendant, Robert T. Bradshaw, in the collaborative law process for resolution of his family law issues. In that capacity, I am authorized to and have accepted service of the Complaint in Divorce, as of this the -J; ? day of -? 2008. As a part of the collaborative law process, I will be unable to represent Robert T. Bradshaw if the parties leave the collaborative law process and proceed with litigation. Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 ,a, lag c3 .?- 51 c;. j 'J' 7 DIANE K. BRADSHAW, Plaintiff VS. ROBERT T. BRADSHAW, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7106 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE NOTICE You are hereby notified to file a written response to the enclosed Petition within twenty (20) days from service hereof or a judgment may be entered against you. 4?'%h MAX J. SMITH, JR., quire Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Max J. Smith, Jr., Esquire Attorney I.D. #32114 Jarad W. Handelman, Esquire Attorney I.D. #82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: mis@jsdc.com DIANE K. BRADSHAW, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-7106 CIVIL TERM ROBERT T. BRADSHAW, CIVIL ACTION -LAW Defendant IN DIVORCE PETITION FOR ECONOMIC RELIEF AND NOW comes the Plaintiff, DIANE K. BRADSHAW, by her attorney MAX J. SMITH, JR., Esquire, and respectfully states as follows: COUNT II EQUITABLE DISTRIBUTION OF PROPERTY 1. Plaintiff filed a divorce Complaint pursuant to the no-fault provisions of the Pennsylvania Divorce Code on December 3, 2008, entered to the within term and number. 2. There has been no responsive pleading filed to date in this matter by the Defendant. 3. During the course of the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution by the court. 4. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. COUNT III ALIMONY 5. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 6. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 7. Defendant earns substantially more income per year than Plaintiff and has substantial assets. 8. Plaintiff requests the Court to enter an award of reasonable temporary alimony and additional sums as they may become necessary from time to time hereafter until final hearing and permanently thereafter. COUNT IV ALIMONY PENDENTE LITE ATTORNEY FEES, COSTS AND EXPENSES 9. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case, in the employment of counsel and payment of costs and expenses. 10. Plaintiff is without sufficient means to support herself and to meet the costs and expenses of this litigation, and is unable to appropriately maintain herself during the pendency of this action. 11. Plaintiff does not have adequate income to provide for her reasonable needs and pay her counsel fees and the costs and expenses of this proceeding. 12. Defendant has adequate earnings to provide for the support of Plaintiff during the pendency of this litigation and to pay her attorney fees, costs and expenses; and therefore Plaintiff demands counsel fees and expenses under Section 3702 of the Divorce Code. WHEREFORE, Plaintiff prays this Honorable Court to: (a) equitably divide the marital property remaining between the parties; (b) order the Defendant to pay alimony to the Plaintiff; (c) award Plaintiff alimony pendente lite, reasonable attorney fees, costs and expenses; and (d) order such further relief as the Court may determine equitable and just. Dated: December 2g , 2009 Respectfully bmitted, MAX J. SMITH, JR., 4pfuire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Petition 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. n,a).-, 4. `/Yo dr ha, Dt,kNE K. BRADSHAW DIANE K. BRADSHAW, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-7106 CIVIL TERM ROBERT T. BRADSHAW, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this day of December, 2009, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Petition for Economic Relief by depositing a copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Cunningham & Chernicoff, PC Attn: Kelly M. Knight, Esquire P.O. Box 60457 Harrisburg, PA 17106-0457 y MAX J. SMITH, JR., uire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 CL Pr`r (?a,,ti-Es d a- ?7 3' 6`1 top'-/ DIANE K. BRADSHAW, Plaintiff vs. ROBERT T. BRADSHAW, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ca ?_ NO. 08-7106 CIVIL TERM G' CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: -?J N Please withdraw the appearance of Carol J. Lindsay, Esquire as counsel for Diane K. Bradshaw, Plaintiff in the above-captioned matter. Date: January 7 , 2010 Carol r Y,i sad squire I.D. No. 4 26 West High Street Carlisle, PA 17013 (717) 243-6222 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Max J. Smith, Jr., Esquire, as counsel for Diane K. Bradshaw, Plaintiff in the above-captioned matter. Date: January , 2010 Max J. SmithftEsquir I.D. No. 32114 Jarad W. Handelman, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 _J n 2 _n m r0r •-i 7 jj M 4 DIANE K. BRADSHAW, Plaintiff V. ROBERT T. BRADSHAW, Defendant IN THE COURT OF COMMON PICAS CUMBERLAND COUNTY, C PENNSYLVANIA m = , r*v rn NO: 08-7106 -; cn -f -,; CIVIL ACTION -LAW S ? A =IC Cz DIVORCE co PRAECIPE TO WITHDRAW APPEARANCE Kindly withdraw the appearance of Nora F. Blair, Esquire on behalf of Robert T. Bradshaw, in the above captioned action. By N a F. Blair, Esquire PA Supreme Court ID No: 5440 Jonestown Road Harrisburg, PA 17112 Telephone: (717) 541-1428 PRAECIPE TO ENTER APPEARANCE Please kindly enter the appearance of Kelly M. Knight, and the Law Firm of Cunningham and Chernicoff, P.C., on behalf of Robert T. BradshawAhe Defendant, in the above captioned action. I / By PA Supreme C&urt4 87365 CUNNINGHAM CHERNICOFF, P.C. 2320 North Second. Street Harrisburg, PA 17110 Dated: C/ CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Secretary for the law office of Cunningham & Chernicoff, P.C., do hereby certify that a true and correct copy of the Praecipe to Withdraw Appearance/Enter Appearance in the above-captioned matter was sent first class U.S. Mail, First Class Mail, postage prepaid on this date, to the following: Nora F. Blair, Esquire 5440 Jonestown Road Harrisburg, PA 17112 Date: February 1, 2010 Max J. Smith, Esquire James, Smith, Dietterick & Connelly P.O. Box 650 Hershey, PA 17033 C GHA CHERNICOFF, P.C. B rt'-?eCC ?- ft !'.Julieanne Ametran2320 North Second Street Harrisburg, PA 17110 Telephone: (717)238-6570 F:\Home\KKNIGHT \DOCS\BRADSHA W. ROBERT\Entry. Withdraw. WPD MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN ROBERT T. BRADSHAW AND DIANE K. BRADSHAW Kelly M. Knight, Esquire Cunningham & Chernicoff, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (Attorney for Robert T. Bradshaw) /'1 A ( J -0 w c-n t.-!"3 Max J. Smith, Jr., Esquire James, Smith, Dietterick, & Connelly, L.P. P.O. Box 650 Hershey, PA 17033 (Attorney for Diane K. Bradshaw) MARITAL SETTLEMENT AGREEMENT MADE AND CONCLUDED this 2eday of 2010, by and between ROBERT T. BRADSHAW, of 6250 Stirrup Court, Harrisburg, Dauphin County, Pennsylvania 17111 (hereinafter referred to as "HUSBAND"). AND DIANE K. BRADSHAW, of 517-G Spring Forest Road„ Greenville, North Carolina 27834 (hereinafter referred to as "WIFE"). WITNESSETH WHEREAS, the parties hereto are husband and wife, having been married on March 5, 1983; WHEREAS, unfortunate and irreconcilable differences have arisen between the parties by reason of which continued cohabitation as HUSBAND and WIFE has been rendered impossible; and WHEREAS, the parties have made full disclosure to each other of their assets and liabilities, and have agreed on a settlement to resolve all property rights and differences existing between them; and WHEREAS, it is the desire of the parties after long and careful consideration, to amicably adjust, compromise and settle all property rights, and all rights in, to, or against each other's property or estate, including property heretofore subsequently acquired by either party, and to settle all disputes existing between them, including any and all claims for HUSBAND's and/or WIFE's maintenance and/or for spousal support, alimony pendente lite, alimony, counsel 2 fees and expenses, equitable distribution; and WHEREAS, the parties intend this Agreement to be a full and complete Marital Settlement Agreement, providing for the absolute and final settlement of all of their respective marital and property rights and claims for spousal support, alimony pendente lite, alimony, counsel fees and expenses, and equitable distribution of the marital property. NOW THEREFORE, for and in consideration of the mutual benefits to be derived by the parties and intending to be legally bound hereby, the parties hereby covenant and agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to HUSBAND by his counsel, Kelly M. Knight, Esquire. The provisions of this Agreement and their legal effect have been fully explained to WIFE by her counsel, Max J. Smith, Jr., Esquire. HUSBAND and WIFE declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of her and his selection. Each party further acknowledges that each fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, 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. In addition, each party hereby acknowledges that he or she is aware of the impact of the Pennsylvania Divorce Code, 23 Pa. C.S.A. §3101, et M., whereby the Court has the right and duty to determine all martial rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendent lite, equitable distribution of all marital property, counsel fees and costs of litigation, or any other right arising from the parties' marriage. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to engage in discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure and each of the parties specifically waives his or her right to engage in any further discovery. Each party further acknowledges that he or she is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the Courts of this Commonwealth or any other Court or competent jurisdiction. The respective parties do hereby warrant that there has been full and fair disclosure to the other of his or her income, assets and liabilities, and each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that, based upon the warrants of disclosure, the division of the marital assets as set forth in this Agreement is considered fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenant and agree for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was any duress, undue influence, or that there was a failure to have available full, proper and independent representation by legal counsel. 4 3. EQUITABLE DISTRIBUTION. (A) REAL PROPERTY L The Marital Home. The parties acknowledge that HUSBAND and WIFE are the owners of a parcel of real property known and numbered as 1602 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania 17241 (the "Marital Home"). Within forty-five (45) days from the date of execution of this Agreement, HUSBAND agrees to obtain refinancing of the mortgage currently held on the Marital Home due and owing to F & M Trust Account #902000265 to a mortgage solely in his name. HUSBAND shall furnish to WIFE a copy of the evidence of the release of WIFE from any liability or obligation on all mortgage notes presently existing with respect to the Marital Home upon which both parties are currently liable. Upon the refinancing of the Marital Home, HUSBAND shall pay to WIFE the sum of $220,000.00. In exchange, WIFE shall execute and deliver all documents in the usual form conveying, transferring and granting to HUSBAND all her right, title and interest in and to the Marital Home. Subsequent to the refinancing of the Marital Home by HUSBAND, the parties agree that the Marital Home shall be privately sold to a third party within two (2) years from the date of execution of this Agreement. Upon the sale of the Marital Home, HUSBAND shall pay to WIFE an additional $120,000.00 at the time of closing of the Marital Home. HUSBAND shall be entitled to all remaining proceeds from the sale of the Marital Home. If the HUSBAND is unable to sell the Marital Home to a private third party, then a $60,000.00 payment to WIFE 5 from HUSBAND shall be made at the expiration of each year, for a period of two (2) years, from the date of the execution of this Agreement. i(a). Real Estate Expenses for the Marital Home From the date of execution of this Agreement, HUSBAND agrees to assume as his sole obligation any and all mortgage payments, taxes, utility charges, insurance, maintenance, repairs, claims, damages and all other expenses incurred in connection with the Marital Home. HUSBAND further agrees and covenants to hold WIFE harmless from any liability or obligation arising from any expense incurred in connection with the Marital Home. In exchange, HUSBAND shall be entitled to claim all mortgage and house equity interest for federal income tax purposes in calendar year 2010. ii. The North Carolina Beach House The parties acknowledge that HUSBAND and WIFE are the owners of a parcel of real property known and numbered as 907 Emerald Court, Corolla, North Carolina 27927 (the "Beach House"). Within forty-five (45) days from the date of execution of this Agreement, WIFE agrees to obtain refinancing of the mortgage currently held on the Beach House due and owing to Bank of America Account #871547175-4 to a mortgage solely in her name. WIFE shall furnish to HUSBAND a copy of the evidence of the release of HUSBAND from any liability or obligation on all mortgage notes presently existing with respect to the Beach House upon which both parties are currently liable. 6 Upon receipt of evidence of refinancing, for, and in, consideration of the sum of $1.00 to be paid at the time of refinancing, HUSBAND shall execute and deliver all documents in the usual form conveying, transferring and granting to WIFE all his right, title and interest in and to the Beach House. ii(a). Real Estate Expenses for the Beach House From the date of execution of this Agreement, WIFE agrees to assume as her sole obligation any and all mortgage payments, taxes, utility charges, insurance, claims, damages and all other expenses incurred in connection with the Marital Home, except for certain repairs and home owner's association fees, as more fully described in this Agreement. WIFE further agrees and covenants to hold HUSBAND harmless from any liability or obligation arising from any expense incurred in connection with the Marital Home, not otherwise covered by the provisions of this Agreement. In exchange, WIFE shall be entitled to claim all mortgage and house equity interest for federal income tax purposes in calendar year 2010. fl(b) Homeowner's Assoc. Fees for the Beach House HUSBAND shall be responsible for the payment of the Homeowner's Association Fees incurred for the Beach House for a period of two (2) years from the date of execution of this Agreement. WIFE shall forward all notice of amounts due for Homeowner's Association Fees that are due to HUSBAND immediately upon her receipt of the same. At the expiration of two (2) years from the date of execution of this Agreement, WIFE shall be solely responsible for all Homeowner's Association Fees due for the Beach House. 7 ii(c) Repairs to the Beach House WIFE shall be responsible for the first $1000.00 of necessary repairs and maintenance item to the Beach House per year for a period of two (2) years from the date of execution of this Agreement. For a period of two (2) years from the date of execution of this Agreement, the parties agree that HUSBAND shall be responsible for any necessary repair cost incurred in connection with Beach House in excess of $1000.00 per year. WIFE agrees that she will provide HUSBAND with receipts of all necessary repairs and maintenance items for the first $1000.00 for each year. For purposes of this Agreement, a "repair" shall be limited to those emergency repairs necessary to ensure the home is suitable to receive renters - i.e. basic electrical, plumbing heating and structural systems. A "repair," for purposes of this Agreement shall not include any painting, appliance repair or replacement, carpeting or other home furnishings. The parties agree that all necessary repair costs, in excess of $1000.00 per year, must first be submitted to HUSBAND for approval, with at least two (2) estimates, prior to proceeding with the necessary repair. In addition, the parties agree that all necessary repairs, in excess of $1000.00 shall be submitted as a claim to the insurance carrier carrying the current insurance on the Beach House prior to be submitted for payment by HUSBAND. ii(c)(I) Pool Repairs at the Beach House HUSBAND and WIFE shall equally share responsibility for all emergency pool repairs for the beach house pool. For purposes of this Agreement, a "repair" shall be limited to those emergency repairs necessary to ensure the pool is usable. A "repair" shall not include routine maintenance for the upkeep of the pool. HUSBAND'S liability under this provision shall not, under any circumstances, exceed $5000.00 per year. Any emergency repairs in excess of HUSBAND'S share of $5000.00 shall be the sole responsibility of WIFE. (B) PERSONAL PROPERTY L Each of the parties recognize that during the marriage they acquired certain furnishings and personal property. Each of the parties recognize that the furnishings and personal property acquired by them during their marriage is marital property as that term is defined in the Divorce Code. fl. Miscellaneous Property: All property not specifically addressed herein shall be hereafter owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence transfer of any and all rights in such property from each to the other. M. Property to Wife: The parties agree that WIFE shall own, possess, and enjoy, free from any claim of HUSBAND, the property awarded to her by the terms of this Agreement. HUSBAND hereby quitclaims, assigns and conveys to WIFE all such property, together with any insurance policies covering that property, and any escrow amounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from HUSBAND to WIFE. 9 iv. PropeM to Husband: The parties agree that HUSBAND shall own, possess, and enjoy, free from any claim of WIFE, the property awarded to him by the terms of this Agreement. WIFE hereby quitclaims, assigns and conveys to HUSBAND all such property, together with any insurance policies covering that property, and any escrow amounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from WIFE to HUSBAND. (C) BANK/ INVESTMENT /401(k) ACCOUNTS WIFE and HUSBAND hereby covenant and agree that, unless specifically provided otherwise herein, all of the funds contained in any savings, checking, investment, pension and / or 401(k) account held in WIFE'S name shall hereinafter be the sole and exclusive property of WIFE. HUSBAND and WIFE hereby covenant and agree that, unless specifically provided otherwise herein, all of the funds contained in any savings, checking, investment, pension and / or 401(k) account held in HUSBAND'S name shall hereinafter be the sole and exclusive property of HUSBAND. (D) BUSINESS INTERESTS The parties acknowledge that HUSBAND is a managing member of Contingency Management Consulting Group, LLC located in Mechanicsburg, PA. The parties agree that HUSBAND shall retain and receive as his sole and separate property any and all interest he has in and to the above listed entity and WIFE hereby waives and releases any and all right, title, claim or interest she may have in and to HUSBAND'S interest in the above listed corporate entity, including but not limited to, fixed assets and accounts receivable. 10 (E) ASSUMPTION OF LIABILITIES L HUSBAND shall be solely liable for all debt he has incurred in his name alone and HUSBAND further agrees that he will indemnify and hold WIFE harmless from any liability, cost or expense, including attorney's fees, associated with these obligations. ii. WIFE shall be solely liable for all debt she has incurred in her name alone and WIFE further agrees that she will indemnify and hold HUSBAND harmless from any liability, cost or expense, including attorney's fees, associated with these obligations. M. WIFE and HUSBAND represent and warrant to each other that, except as provided herein, neither one has contracted since separation, or will in the future contract, any debts, charges or liabilities whatsoever for which the other party or their property or their estates shall or may be or become liable or responsible, and they covenant that they will at all times keep each other free, harmless, and indemnified against and from any and all debts and liabilities heretofore or hereafter contracted or incurred by the other, except as expressly provided in this Agreement. iv. Liability Not Listed: Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall be due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 4. ALIMONY (A) HUSBAND shall pay to WIFE the sum of $1500.00 per month in alimony beginning on the fifteenth (] 5`h) day of the first (1 S) month after the execution of this Agreement. 11 Such payments shall continue to be paid by HUSBAND to WIFE on the fifteenth (15`'') day of each month thereafter for a period of seven (7) years from the date of execution of this Agreement. (B) The provisions of this Paragraph are non-modifiable and not subject to change due to a change in circumstances with the following exception: (1) WIFE's death, in that event, HUSBAND's duty to pay alimony shall terminate as of the date of WIFE's death. (C) The parties agree that the entire amount being paid to WIFE pursuant to this Paragraph is a separate periodic maintenance payment, included and intended to be included with the income of the WIFE within the meaning and intent of Section 71 of the United States Internal Revenue Code of 1954 and deductible from the HUSBAND's gross income pursuant to the provisions of Section 215 of the United States Internal Revenue Code of 1954. WIFE agrees that all said payments shall be included as income of the WIFE in her applicable tax returns and that she shall pay such taxes as may be required by reason of such inclusion. (D) HUSBAND agrees to make all alimony payments directly to WIFE. In the event that HUSBAND defaults on his obligation to pay alimony directly to WIFE in accordance with the schedule set forth in this Agreement, then the parties agree that each shall execute a stipulation and prepare an order to be filed with the Office of Domestic Relations in the appropriate jurisdiction. Such stipulation and order shall provide that all remaining alimony payments due under this Agreement shall be wage attached from HUSBAND and paid to WIFE through the appropriate Office of Domestic Relations. HUSBAND shall be provided with a ten (10) day notice of default and opportunity to cure from WIFE prior to the wage attachment provisions of this section becoming effective. 12 5. WAIVER OF RIGHTS AND MUTUAL RELEASE. The parties hereto have been informed of their rights under and pursuant to Divorce Code of Pennsylvania, particularly the provisions concerning alimony, alimony pendente lite, equitable distribution, marital property, counsel fees, and expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the substantive law and hereby waive, release, and relinquish any further rights they may respectively have against the other for alimony, alimony pendent e lite, equitable distribution, marital property, counsel fees, and expenses. From the date hereof, each party may acquire personal or real property in his or her own name. Any property so acquired shall be owned solely by that party and shall not be subject to any claim whatsoever by the other party. Subject to the provisions of this Agreement, each party has released, discharged and, by this Agreement, does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either of the parties ever had, now have, or can have at any time against the other, specifically including rights or claims to spousal support, alimony, alimony pendente lite, counsel fees, and expenses, equitable distribution of marital property, except for any cause of action for divorce from the bonds of matrimony and any cause of action for breach of any provisions of this Agreement. The parties hereto expressly relinquish and waive any and all rights that they may have now or in the future to claim and/or obtain spousal support, alimony pendente lite, alimony, counsel fees, and expenses or other equitable distribution of property. This Agreement is not intended to be, nor shall it be construed or deemed to be, a release or waiver of any right WIFE or HUSBAND may have to claim, assert, or obtain Social Security benefits to which either may have been entitled by virtue of the marriage relationship between WIFE and HUSBAND. 13 6. WAIVER OF PENSION AND OTHER EMPLOYEE BENEFITS. The parties hereby waive any and all right to claim any interest or share in each other's pension, profit-sharing plans and other employee benefits, if any, from their present or past employers. Both acknowledge that they have received information regarding the existence or non-existence of such employment benefits (including but not limited to profit sharing, ESOP plans, pension contributions and plans and 401k plans) and are satisfied with the information provided. The parties acknowledge that they have been informed of their right to obtain an independent appraisal of each other's retirement and employment interests. Both parties agree to sign any and all documents necessary to cause the transfer of his or her interest in any pension/employment benefit, upon request by the other spouse. Further, both parties acknowledge that they understand they must notify their employer and/or appropriate plan administrator of the removal. and/or change of any such beneficiary designation. The execution of this Agreement is intended by the parties to operate as an effective consent under 29 U.S.C. § 1055(c) et seq. by the non-participant spouse to the election by the participant spouse to waive the QJSA and QPSA. Further, the execution of this Agreement is intended to operate as a valid spousal consent in compliance with 29 U.S.C. §(c)(2)(A) which sets forth the three requirements for the non-participant spouse's consent to the participant's election to waive the QJSA and the QJPS. 7. LIFE INSURANCE POLICY / BENEFICIARY DESIGNATION Both parties acknowledge that the HUSBAND is currently the owner of a life insurance policy in the amount of $250,000.00, which names WIFE as the sole beneficiary. The parties agree that HUSBAND shall maintain this existing life insurance policy and shall continue listing WIFE as the sole beneficiary for a period of two (2) years from the date of execution of this Agreement. 14 8. FULL AND FAIR DISCLOSURE OF ASSETS. Both parties acknowledge that they have been given an opportunity to conduct investigations of the other party's assets or the parties' joint assets as he or she so desired, including formal appraisals, but do not wish to conduct such additional investigation or to receive any additional information concerning the other party's assets, present or future income and financial condition, and both parties hereby waive any rights which he may have to receive such additional information or to challenge the validity of this Agreement on the grounds that he did not receive a full and fair disclosure. 9. ESTATE RELEASE. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights that he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, courtsy, statutory allowance, widow's allowance, or to take property under equitable distribution, right to take in intestacy, right to take against the will of the other, and the right to act as an administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. 10. AFTER ACQUIRED PERSONAL PROPERTY. Each the parties shall hereafter own and enjoy, independently of any claims or rights of the other, items of real and personal property, tangible or intangible, hereinafter acquired by him or her, with full power of 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. 15 11. PRIOR INCOME TAX RETURNS. The parties have heretofore filed joint federal and state income tax returns. WIFE agrees that in the event any deficiency in federal, state, or local income taxes is proposed, or in the assessment of such tax is made against HUSBAND by reason of her having joined in the filing of said joint returns, WIFE will indemnify and hold HUSBAND harmless from and against any loss or liability for such tax deficiency or assessment or any interest in penalty incurred as a result of WIFE's misrepresentation or failure to disclose the nature and extent of WIFE's separate income, and HUSBAND agrees that in the event any deficiency in federal, state, or local income taxes is proposed, or in the assessment of such tax is made against WIFE by reason of him having joined in the filing of said joint returns, HUSBAND hereby agrees the he will indemnify and hold harmless WIFE from and against any loss or liability for any tax deficiency or assessment of any interest or penalty incurred as a result of HUSBAND's misrepresentation or failure to disclose the nature and extent of HUSBAND's separate income. 12. REPRESENTATIONS AND WARRANTIES. The parties acknowledge that they have the right to require the filing of financial disclosure statements by the other, prior to the entering into this Agreement, and being so advised the parties acknowledge that they have waived their right to request such financial disclosures. 13. 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 may from time to time choose or determine fit. 16 14. NO INTERFERENCE. Each party shall be free from interference, authority, and control, direct and indirect, by the other as if he or she were single and unmarried. Neither shall molest the other, compel, nor endeavor to compel, the other to cohabit or dwell with him or her, or to interfere with friendships, society, or acquaintances, which either of the parties hereto may choose or have from this day forward. . 15. DOCUMENTS. Each party shall, at the request of the other, execute, acknowledge, and deliver to the other party any documents which may be reasonably necessary to give full force and effect to this Agreement. 16. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of WIFE or HUSBAND to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the dispute or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual covenant, no fault divorce pursuant to the terms of the Divorce Code of Pennsylvania. The parties agree to sign all necessary documents, including affidavits of consent, concurrent with the execution of this Agreement, to secure the said no fault divorce. 17 17. ABSOLUTE AND FINAL SETTLEMENT. The provisions of this Agreement are intended to consider, determine, and distribute all of the Assets of the parties hereto as part of the terms of this Marital Settlement Agreement. This Agreement is intended by the parties hereto to be a valid Marital Settlement Agreement, providing for the absolute and final settlement of their respective property rights and obligations of spousal support. This Agreement is not intended to be a mere separation agreement. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or promises, other than those expressly set forth in this Agreement. 18. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT. Each party acknowledges that this Agreement has been entered into of his or her own volition, (with full knowledge of the facts and full information as to the legal rights, liabilities, and the assets of the other), and that each believes this Agreement to be reasonable under the circumstances and not the results of any duress or undue influence. 19. MODIFICATION AND WAIVER. Neither this Agreement nor any provision thereof shall be amended or modified or deemed amended or modified, except by an agreement in writing duly subscribed and acknowledged with the same formality as this Agreement. Any waiver by either party of any provision of this Agreement, or any right or option hereunder shall not be deemed a continuing waiver, and shall prevent or estop such party from thereafter enforcing such provision, right, or option, and the failure of either party to insist in any one or more instances upon the strict performance of any of the terms or provisions of this Agreement by the other party shall not be construed as a waiver or a relinquishment for the future of any such or provision, but the same shall continue in full force and effect. 18 20. EFFECTIVE DATE. The effective date of this Agreement shall be the date of execution of this Agreement by both parties. 21. SITUS. This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 22. INDEPENDENT SEPARATE COVENANTS. It is hereby understood and agreed upon between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 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. 23. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They should have no effect whatsoever in determining the rights or obligations of the parties. 19 24. SURVIVAL OF THIS AGREEMENT / INCORPORATION NOT MERGER. It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by other parties and no order, judgment, or decree of divorce (temporary, interlocutory, final, or permanent) shall effect or modify the financial terms of this Agreement. This Agreement, at the option of either party, may be submitted court having jurisdiction over the martial action between HUSBAND and WIFE so that this Agreement can become part of any decree of Divorce issued by said Court and may be made a part of said Decree and any judgment thereon with jurisdiction remaining in the Court so that the terms hereof are complied with. The Agreement, however, will survive the Decree of Divorce and not be merged into it. Regardless of whether this Agreement is made a part of a Court Order, this Agreement may be enforced as provided in Sections 3502(e) and 3105(a) of the Divorce Code. 25. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other legal or equitable remedies or relief as may be available to him or her; and the party breaching this contract hereby agrees to be responsible for payment of attorneys fees, legal costs, and expenses incurred by the other and enforcing their rights under this Agreement. 26. BINDING EFFECT. Each of the parties hereto intends to be legally bound hereby, and this Agreement shall be binding upon their heirs, personal representatives, and assigns of their respective parties hereto. 20 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and date first written, each adopting the seal following his or her signature as his or her own. WITN S ; I (SEAL) ROBERT T. BRADSHAW _? { Y- • i cf d S? ( (SEAL) DIANE K. BRADSHAW 20 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS. On this, the 23`d day of August, 2010, before me, the undersigned officer, personally appeared, ROBERT T. BRADSHAW, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. JN WITNESS WHEREOF, I hereunto set my hand and official seal. of,k'A, a Public (_"`)1V,,N40NWEALTH Ur rtwwa, Ld, NOTARIAL SEAL .lL_'EANNE AMETRANO, Notary Public City of Harrisburg, Dauphin Gounty k ,.ily commission Expires February 22, 2011 V 'q-V IV 0, 4'>1 ??R r C 1, n g COUNTY OF ,` t 4 SS. On this, the 30-"'day of 4, iA 5 , 2010, before me, the undersigned officer, personally appeared, DIANE K. BRA SHAW, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public WCQMMISSON EXMR3,?A 12, X/ 3 F:`,Home\KKNIGHT\DOCS\B RADSHA W.ROBERrMSA.08.20.10-FINAL, wpd 21 DIANE K. BRADSHAW, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-7106 CIVIL TERM ROBERT T. BRADSHAW, CIVIL ACTION -LAW ??. o n Defendant IN DIVORCE -? -003 AFFIDAVIT OF CONSENT AND ;<,_, WAIVER OF COUNSELING ; 5-- I . A Complaint in Divorce under Section 3301(c) of the Divorce Code w file&n cn December 3, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. 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. Section 4904, relating to unsworn falsification to authorities. Date: 3 0 , 2010 IiA K• C, Awwl DIANE K. BRADSHAW DIANE K. BRADSHAW, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 08-7106 CIVIL TERM ROBERT T. BRADSHAW, CIVIL ACTION -LAW C -> =n Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER C: §3301(c) OF THE DIVORCE CODE c n - cn -? 1. I consent to the entry of a Final Decree of Divorce without further 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. Section 4904, relating to unsworn falsification to authorities. Date: Au J f _3y , 2010 Diu4 YL• Dd f ? Uy DIANE K. BRADSHAW DIANE K. BRADSHAW, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO: 08-7106 c V r ROBERT T. BRADSHAW, CIVIL ACTION - LAW t , DIVORCE C` -a Defendant C tV =?i c-n AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 3, 2008 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: LT l -:? -/o A ?J? 1, Robert T. Bradshaw DIANE K. BRADSHAW, Plaintiff V. ROBERT T. BRADSHAW, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA oc:: ' NO: 08-7106 CAA: ` c l w > CIVIL ACTION - LAW DIVORCE ?C N rn cn cn -? WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A 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: Robert T. Bradshaw DIANE K. BRADSHAW, Plaintiff VS. ROBERT T. BRADSHAW, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-7106 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 0 ?zFE C c., V) --v W PRAECIPE TO TRANSMIT RECORD To the Prothonotary: ro a cn C', a Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section (X 3301 c) ( ) 3301 (d) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the complaint: By regular mail on December 5, 2010, see Affidavit of Service. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff _ August 30, 2010 ; by Defendant September 2, 2010 (b)(1) Date of execution of the Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: Defendant: (2) date of service of the Plaintiff's affidavit upon the 4. Related claims pending: None P'?' ' Attorney for (X) Pla iff ( ) Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE K. BRADSHAW v. ROBERT T. BRADSHAW ; . NO. 2008-7106 CIVIL TERM DIVORCE DECREE AND NOW, r~r~tr~t,. ~ , 2010 , it is ordered and decreed that DIANE K. BRADSHAW ,plaintiff, and ROBERT T. BRADSHAW ,defendant, are divorced from the bonds of matrimony. 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.") Marital Settlement Agreement dated 30 August 2010, is hereby incorporated into the Final Divorce Decree. By the Court, ,. Attest: .1 l Prothonotary q ~to ~ t o 9~ Co~~o ~~' ~~ /l~~h' ~. ~.~ t~ S -~ ma,~1e~ ~ O ~~ ~~~~ Max J. Smith, Jr., Esquire Attorney I.D. #32114 Jessica E. Lowe, Esquire Attorney I.D. #208041 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: mis@jsdc.com F f! '- r) . n i,1 41-0 tt o, At( Q pln S 3a e a` Gala ?L RLAN+D r"I;!'!T" DIANE K. BRADSHAW, Plaintiff/Petitioner vs. ROBERT T. BRADSHAW, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7106 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PETITION FOR SPECIAL RELIEF TO ENFORCE MARITAL SETTLEMENT AGREEMENT TO THE HONORABLE JUDGES OF SAID COURT: AND NOW comes the Petitioner, DIANE K. BRADSHAW, by her attorney, MAX J. SMITH, JR., Esquire, and respectfully states the following: 1. The Petitioner is DIANE K. BRADSHAW, an adult individual residing at 367 Great Forest Road, Grimesland, North Carolina. 2. The Respondent is ROBERT T. BRADSHAW, an adult individual residing at 6250 Stirrup Court, Harrisburg, Pennsylvania. 3. Petitioner and Respondent are formerly husband and wife, having been married on March 5, 1983 and having been subsequently divorced by Decree of this Honorable Court on September 8, 2010; a true and correct copy of the Decree in Divorce is marked Exhibit "A", attached hereto and made part hereof. 4. The parties executed a Marital Settlement Agreement dated August 30, 2010, which was incorporated into said Decree in Divorce (See copy of Marital Settlement Agreement marked Exhibit "B", attached hereto and made part hereof). 5. Both parties were represented by counsel when negotiating and finalizing the terms of said Marital Settlement Agreement. 6. Paragraph 3.(A).i. of said Marital Settlement Agreement provides that "If the HUSBAND is unable to sell the Marital Home to a private third party, then a $60,000.00 payment to WIFE from HUSBAND shall be made at the expiration of each year, for a period of two (2) years, from the date of the execution of this Agreement." 7. Respondent has failed to comply with said provision of the Marital Settlement Agreement, by not paying the sum of $60,000.00 to Petitioner by August 30, 2011, despite repeated requests for payment. Instead, Respondent has only paid the sum of $23,000.00 to Petitioner. 8. Respondent's breach of agreement provisions has caused and continues to cause Petitioner financial harm. 9. Respondent's actions are contemptuous and in willful disregard of the Decree in Divorce issued by this Honorable Court. 10. Respondent has substantial income and assets and has the ability to pay Petitioner the sum that is due under the terms of the Marital Settlement Agreement. 11. 23 Pa. C.S.A. §3502(e) empowers the court to provide relief in cases where a party has failed to comply with the terms of an agreement as entered between the parties relative to equitable division of marital property. WHEREFORE, Petitioner requests your Honorable Court to: A. Order Respondent to comply with the terms of the Marital Settlement Agreement as incorporated into the Decree in Divorce; B. Find Respondent in contempt of court; C. Order Respondent to pay Petitioner's attorney's fees, costs, and expenses incurred in connection with enforcement of the Marital Settlement Agreement; D. Order such other relief as your Honorable Court deems appropriate. Respectfully submitted, Date: December 1 Q , 2011 *4?, MAX J. SMITH, ., Esquire I.D. No. 32114 JESSICA E. LOWE, Esquire I.D. No. 208041 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Petition 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. OJDIANE K. BRADSHAW ?????1`? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE K. BRADSHAW V. ROBERT T. BRADSHAW DIVORCE DECREE AND NOW, DIANE K. BRADSHAW ROBERT T. BRADSHAW September 8 2010 , it is ordered and decreed that , plaintiff, and 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.") Marital Settlement Agreement dated 30 August 2010, is hereby incorporated into the Final Divorce Decree. By the Court, Albert H. Masland Attest: J. re? Prothonotary NO. 2008-7106 CIVIL TERM Certified Copy Issued: September 8, 2010 Date a MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN ROBERT T. BRADSHAW AND DIANE K. BRADSHAW n - ; t' -z? C- J Cn - , c_n -< Kelly M. Knight, Esquire Cunningham & Chernicoff, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (Attorney for Robert T. Bradshaw) Max J. Smith, Jr., Esquire James, Smith, Dietterick, & Connelly, L.P. P.O. Box 650 Hershey, PA 17033 (Attorney for Diane K. Bradshaw) MARITAL SETTLEMENT AGREEMENT MADE AND CONCLUDED this &' day of C? , 2010, by and between J ROBERT T. BRADSHAW, of 6250 Stirrup Court, Harrisburg, Dauphin County, Pennsylvania 17111 (hereinafter referred to as "HUSBAND"). AND DIANE K. BRADSHAW, of 517-G Spring Forest Road„ Greenville, North Carolina 27834 (hereinafter referred to as "WIFE"). WITNESSETH WHEREAS, the parties hereto are husband and wife, having been married on March 5, 1983; WHEREAS, unfortunate and irreconcilable differences have arisen between the parties by reason of which continued cohabitation as HUSBAND and WIFE has been rendered impossible; and WHEREAS, the parties have made full disclosure to each other of their assets and liabilities, and have agreed on a settlement to resolve all property rights and differences existing between them; and WHEREAS, it is the desire of the parties after long and careful consideration, to amicably adjust, compromise and settle all property rights, and all rights in, to, or against each other's property or estate, including property heretofore subsequently acquired by either party, and to settle all disputes existing between them, including any and all claims for HUSBAND's and/or WIFE's maintenance and/or for spousal support, alimony pendente lite, alimony, counsel 2 fees and expenses, equitable distribution; and WHEREAS, the parties intend this Agreement to be a full and complete Marital Settlement Agreement, providing for the absolute and final settlement of all of their respective marital and property rights and claims for spousal support, alimony pendente lite, alimony, counsel fees and expenses, and equitable distribution of the marital property. NOW THEREFORE, for and in consideration of the mutual benefits to be derived by the parties and intending to be legally bound hereby, the parties hereby covenant and agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to HUSBAND by his counsel, Kelly M. Knight, Esquire. The provisions of this Agreement and their legal effect have been fully explained to WIFE by her counsel, Max J. Smith, Jr., Esquire. HUSBAND and WIFE declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of her and his selection. Each party further acknowledges that each fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, 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. In addition, each party hereby acknowledges that he or she is aware of the impact of the Pennsylvania Divorce Code, 23 Pa. C.S.A. §3101, et sec., whereby the Court has the right and duty to determine all martial rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and 3 equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation, or any other right arising from the parties' marriage. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to engage in discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure and each of the parties specifically waives his or her right to engage in any further discovery. Each party further acknowledges that he or she is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the Courts of this Commonwealth or any other Court or competent jurisdiction. The respective parties do hereby warrant that there has been full and fair disclosure to the other of his or her income, assets and liabilities, and each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that, based upon the warrants of disclosure, the division of the marital assets as set forth in this Agreement is considered fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenant and agree for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was any duress, undue influence, or that there was a failure to have available full, proper and independent representation by legal counsel. 4 3. EQUITABLE DISTRIBUTION. (A) REAL PROPERTY L The Marital Home. The parties acknowledge that HUSBAND and WIFE are the owners of a parcel of real property known and numbered as 1602 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania 17241 (the "Marital Home"). Within forty-five (45) days from the date of execution of this Agreement, HUSBAND agrees to obtain refinancing of the mortgage currently held on the Marital Home due and owing to F & M Trust Account #902000265 to a mortgage solely in his name. HUSBAND shall furnish to WIFE a copy of the evidence of the release of WIFE from any liability or obligation on all mortgage notes presently existing with respect to the Marital Home upon which both parties are currently liable. Upon the refinancing of the Marital Home, HUSBAND shall pay to WIFE the sum of $220,000.00. In exchange, WIFE shall execute and deliver all documents in the usual form conveying, transferring and granting to HUSBAND all her right, title and interest in and to the Marital Home. Subsequent to the refinancing of the Marital Home by HUSBAND, the parties agree that the Marital Home shall be privately sold to a third party within two (2) years from the date of execution of this Agreement. Upon the sale of the Marital Home, HUSBAND shall pay to WIFE an additional $120,000.00 at the time of closing of the Marital Home. HUSBAND shall be entitled to all remaining proceeds from the sale of the Marital Home. If the HUSBAND is unable to sell the Marital Home to a private third party, then a $60,000.00 payment to WIFE from HUSBAND shall be made at the expiration of each year, for a period of two (2) years, from the date of the execution of this Agreement. i(a). Real Estate Expenses for the Marital Home From the date of execution of this Agreement, HUSBAND agrees to assume as his sole obligation any and all mortgage payments, taxes, utility charges, insurance, maintenance, repairs, claims, damages and all other expenses incurred in connection with the Marital Home. HUSBAND further agrees and covenants to hold WIFE harmless from any liability or obligation arising from any expense incurred in connection with the Marital Home. In exchange, HUSBAND shall be entitled to claim all mortgage and house equity interest for federal income tax purposes in calendar year 2010. ii. The North Carolina Beach House The parties acknowledge that HUSBAND and WIFE are the owners of a parcel of real property known and numbered as 907 Emerald Court, Corolla, North Carolina 27927 (the "Beach House"). Within forty-five (45) days from the date of execution of this Agreement, WIFE agrees to obtain refinancing of the mortgage currently held on the Beach House due and owing to Bank of America Account #871547175-4 to a mortgage solely in her name. WIFE shall furnish to HUSBAND a copy of the evidence of the release of HUSBAND from any liability or obligation on all mortgage notes presently existing with respect to the Beach House upon which both parties are currently liable. 6 Upon receipt of evidence of refinancing, for, and in, consideration of the sum of $1.00 to be paid at the time of refinancing, HUSBAND shall execute and deliver all documents in the usual form conveying, transferring and granting to WIFE all his right, title and interest in and to the Beach House. ii(a). Real Estate Expenses for the Beach House From the date of execution of this Agreement, WIFE agrees to assume as her sole obligation any and all mortgage payments, taxes, utility charges, insurance, claims, damages and all other expenses incurred in connection with the Marital Home, except for certain repairs and home owner's association fees, as more fully described in this Agreement. WIFE further agrees and covenants to hold HUSBAND harmless from any liability or obligation arising from any expense incurred in connection with the Marital Home, not otherwise covered by the provisions of this Agreement. In exchange, WIFE shall be entitled to claim all mortgage and house equity interest for federal income tax purposes in calendar year 2010. ii(b) Homeowner's Assoc. Fees for the Beach House HUSBAND shall be responsible for the payment of the Homeowner's Association Fees incurred for the Beach House for a period of two (2) years from the date of execution of this Agreement. WIFE shall forward all notice of amounts due for Homeowner's Association Fees that are due to HUSBAND immediately upon her receipt of the same. At the expiration of two (2) years from the date of execution of this Agreement, WIFE shall be solely responsible for all Homeowner's Association Fees due for the Beach House. 7 ii(c) Repairs to the Beach House WIFE shall be responsible for the first $1000.00 of necessary repairs and maintenance item to the Beach House per year for a period of two (2) years from the date of execution of this Agreement. For a period of two (2) years from the date of execution of this Agreement, the parties agree that HUSBAND shall be responsible for any necessary repair cost incurred in connection with Beach House in excess of $1000.00 per year. WIFE agrees that she will provide HUSBAND with receipts of all necessary repairs and maintenance items for the first $1000.00 for each year. For purposes of this Agreement, a "repair" shall be limited to those emergency repairs necessary to ensure the home is suitable to receive renters - i.e. basic electrical, plumbing heating and structural systems. A "repair," for purposes of this Agreement shall not include any painting, appliance repair or replacement, carpeting or other home furnishings. The parties agree that all necessary repair costs, in excess of $1000.00 per year, must first be submitted to HUSBAND for approval, with at least two (2) estimates, prior to proceeding with the necessary repair. In addition, the parties agree that all necessary repairs, in excess of $1000.00 shall be submitted as a claim to the insurance carrier carrying the current insurance on the Beach House prior to be submitted for payment by HUSBAND. ii(c)(I) Pool Repairs at the Beach House HUSBAND and WIFE shall equally share responsibility for all emergency pool repairs for the beach house pool. For purposes of this Agreement, a "repair" shall be limited to those emergency repairs necessary to ensure the pool is usable. A "repair" shall not include routine maintenance for the upkeep of the pool. HUSBAND'S liability under this provision shall not, under any circumstances, exceed $5000.00 per year. Any emergency repairs in excess of HUSBAND'S share of $5000.00 shall be the sole responsibility of WIFE. 8 (B) PERSONAL PROPERTY i. Each of the parties recognize that during the marriage they acquired certain furnishings and personal property. Each of the parties recognize that the furnishings and personal property acquired by them during their marriage is marital property as that term is defined in the Divorce Code. ii. Miscellaneous Property: All property not specifically addressed herein shall be hereafter owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence transfer of any and all rights in such property from each to the other. iii. Property to Wife: The parties agree that WIFE shall own, possess, and enjoy, free from any claim of HUSBAND, the property awarded to her by the terms of this Agreement. HUSBAND hereby quitclaims, assigns and conveys to WIFE all such property, together with any insurance policies covering that property, and any escrow amounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from HUSBAND to WIFE. 9 iv. Properly to Husband: The parties agree that HUSBAND shall own, possess, and enjoy, free from any claim of WIFE, the property awarded to him by the terms of this Agreement. WIFE hereby quitclaims, assigns and conveys to HUSBAND all such property, together with any insurance policies covering that property, and any escrow amounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from WIFE to HUSBAND. (C) BANK / INVESTMENT / 401(k) ACCOUNTS WIFE and HUSBAND hereby covenant and agree that, unless specifically provided otherwise herein, all of the funds contained in any savings, checking, investment, pension and / or 401(k) account held in WIFE'S name shall hereinafter be the sole and exclusive property of WIFE. HUSBAND and WIFE hereby covenant and agree that, unless specifically provided otherwise herein, all of the funds contained in any savings, checking, investment, pension and / or 401(k) account held in HUSBAND'S name shall hereinafter be the sole and exclusive property of HUSBAND. (D) BUSINESS INTERESTS The parties acknowledge that HUSBAND is a managing member of Contingency Management Consulting Group, LLC located in Mechanicsburg, PA. The parties agree that HUSBAND shall retain and receive as his sole and separate property any and all interest he has in and to the above listed entity and WIFE hereby waives and releases any and all right, title, claim or interest she may have in and to HUSBAND'S interest in the above listed corporate entity, including but not limited to, fixed assets and accounts receivable. 10 (E) ASSUMPTION OF LIABILITIES i. HUSBAND shall be solely liable for all debt he has incurred in his name alone and HUSBAND further agrees that he will indemnify and hold WIFE harmless from any liability, cost or expense, including attorney's fees, associated with these obligations. ii. WIFE shall be solely liable for all debt she has incurred in her name alone and WIFE further agrees that she will indemnify and hold HUSBAND harmless from any liability, cost or expense, including attorney's fees, associated with these obligations. iii. WIFE and HUSBAND represent and warrant to each other that, except as provided herein, neither one has contracted since separation, or will in the future contract, any debts, charges or liabilities whatsoever for which the other party or their property or their estates shall or may be or become liable or responsible, and they covenant that they will at all times keep each other free, harmless, and indemnified against and from any and all debts and liabilities heretofore or hereafter contracted or incurred by the other, except as expressly provided in this Agreement. iv. Liability Not Listed: Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall be due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 4. ALIMONY (A) HUSBAND shall pay to WIFE the sum of $1500.00 per month in alimony beginning on the fifteenth (15") day of the first (1 ") month after the execution of this Agreement. II Such payments shall continue to be paid by HUSBAND to WIFE on the fifteenth (15`h) day of each month thereafter for a period of seven (7) years from the date of execution of this Agreement. (B) The provisions of this Paragraph are non-modifiable and not subject to change due to a change in circumstances with the following exception: (1) WIFE's death, in that event, HUSBAND's duty to pay alimony shall terminate as of the date of WIFE's death. (C) The parties agree that the entire amount being paid to WIFE pursuant to this Paragraph is a separate periodic maintenance payment, included and intended to be included with the income of the WIFE within the meaning and intent of Section 71 of the United States Internal Revenue Code of 1954 and deductible from the HUSBAND's gross income pursuant to the provisions of Section 215 of the United States Internal Revenue Code of 1954. WIFE agrees that all said payments shall be included as income of the WIFE in her applicable tax returns and that she shall pay such taxes as may be required by reason of such inclusion. (D) HUSBAND agrees to make all alimony payments directly to WIFE. In the event that HUSBAND defaults on his obligation to pay alimony directly to WIFE in accordance with the schedule set forth in this Agreement, then the parties agree that each shall execute a stipulation and prepare an order to be filed with the Office of Domestic Relations in the appropriate jurisdiction. Such stipulation and order shall provide that all remaining alimony payments due under this Agreement shall be wage attached from HUSBAND and paid to WIFE through the appropriate Office of Domestic Relations. HUSBAND shall be provided with a ten (10) day notice of default and opportunity to cure from WIFE prior to the wage attachment provisions of this section becoming effective. 12 5. WAIVER OF RIGHTS AND MUTUAL RELEASE. The parties hereto have been informed of their rights under and pursuant to Divorce Code of Pennsylvania, particularly the provisions concerning alimony, alimony pendente lite, equitable distribution, marital property, counsel fees, and expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the substantive law and hereby waive, release, and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution, marital property, counsel fees, and expenses. From the date hereof, each party may acquire personal or real property in his or her own name. Any property so acquired shall be owned solely by that party and shall not be subject to any claim whatsoever by the other party. Subject to the provisions of this Agreement, each party has released, discharged and, by this Agreement, does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either of the parties ever had, now have, or can have at any time against the other, specifically including rights or claims to spousal support, alimony, alimony pendente lite, counsel fees, and expenses, equitable distribution of marital property, except for any cause of action for divorce from the bonds of matrimony and any cause of action for breach of any provisions of this Agreement. The parties hereto expressly relinquish and waive any and all rights that they may have now or in the future to claim and/or obtain spousal support, alimony pendente lite, alimony, counsel fees, and expenses or other equitable distribution of property. This Agreement is not intended to be, nor shall it be construed or deemed to be, a release or waiver of any right WIFE or HUSBAND may have to claim, assert, or obtain Social Security benefits to which either may have been entitled by virtue of the marriage relationship between WIFE and HUSBAND. 13 6. WAIVER OF PENSION AND OTHER EMPLOYEE BENEFITS. The parties hereby waive any and all right to claim any interest or share in each other's pension, profit-sharing plans and other employee benefits, if any, from their present or past employers. Both acknowledge that they have received information regarding the existence or non-existence of such employment benefits (including but not limited to profit sharing, ESOP plans, pension contributions and plans and 4011 plans) and are satisfied with the information provided. The parties acknowledge that they have been informed of their right to obtain an independent appraisal of each other's retirement and employment interests. Both parties agree to sign any and all documents necessary to cause the transfer of his or her interest in any pension/employment benefit, upon request by the other spouse. Further, both parties acknowledge that they understand they must notify their employer and/or appropriate plan administrator of the removal and/or change of any such beneficiary designation. The execution of this Agreement is intended by the parties to operate as an effective consent under 29 U.S.C. § 1055(c) et seq. by the non-participant spouse to the election by the participant spouse to waive the QJSA and QPSA. Further, the execution of this Agreement is intended to operate as a valid spousal consent in compliance with 29 U.S.C. §(c)(2)(A) which sets forth the three requirements for the non-participant spouse's consent to the participant's election to waive the QJSA and the QJPS. 7. LIFE INSURANCE POLICY / BENEFICIARY DESIGNATION Both parties acknowledge that the HUSBAND is currently the owner of a life insurance policy in the amount of $250,000.00, which names WIFE as the sole beneficiary. The parties agree that HUSBAND shall maintain this existing life insurance policy and shall continue listing WIFE as the sole beneficiary for a period of two (2) years from the date of execution of this Agreement. 14 8. FULL AND FAIR DISCLOSURE OF ASSETS. Both parties acknowledge that they have been given an opportunity to conduct investigations of the other party's assets or the parties' joint assets as he or she so desired, including formal appraisals, but do not wish to conduct such additional investigation or to receive any additional information concerning the other party's assets, present or future income and financial condition, and both parties hereby waive any rights which he may have to receive such additional information or to challenge the validity of this Agreement on the grounds that he did not receive a full and fair disclosure. 9. ESTATE RELEASE. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights that he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, courtsy, statutory allowance, widow's allowance, or to take property under equitable distribution, right to take in intestacy, right to take against the will of the other, and the right to act as an administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. 10. AFTER ACQUIRED PERSONAL PROPERTY. Each the parties shall hereafter own and enjoy, independently of any claims or rights of the other, items of real and personal property, tangible or intangible, hereinafter acquired by him or her, with full power of 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. 15 11. PRIOR INCOME TAX RETURNS. The parties have heretofore filed joint federal and state income tax returns. WIFE agrees that in the event any deficiency in federal, state, or local income taxes is proposed, or in the assessment of such tax is made against HUSBAND by reason of her having joined in the filing of said joint returns, WIFE will indemnify and hold HUSBAND harmless from and against any loss or liability for such tax deficiency or assessment or any interest in penalty incurred as a result of WIFE's misrepresentation or failure to disclose the nature and extent of WIFE's separate income, and HUSBAND agrees that in the event any deficiency in federal, state, or local income taxes is proposed, or in the assessment of such tax is made against WIFE by reason of him having joined in the filing of said joint returns, HUSBAND hereby agrees the he will indemnify and hold harmless WIFE from and against any loss or liability for any tax deficiency or assessment of any interest or penalty incurred as a result of HUSBAND's misrepresentation or failure to disclose the nature and extent of HUSBAND's separate income. 12. REPRESENTATIONS AND WARRANTIES. The parties acknowledge that they have the right to require the filing of financial disclosure statements by the other, prior to the entering into this Agreement, and being so advised the parties acknowledge that they have waived their right to request such financial disclosures. 13. 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 may from time to time choose or determine fit. 16 14. NO INTERFERENCE. Each party shall be free from interference, authority, and control, direct and indirect, by the other as if he or she were single and unmarried. Neither shall molest the other, compel, nor endeavor to compel, the other to cohabit or dwell with him or her, or to interfere with friendships, society, or acquaintances, which either of the parties hereto may choose or have from this day forward. . 15. DOCUMENTS. Each party shall, at the request of the other, execute, acknowledge, and deliver to the other party any documents which may be reasonably necessary to give full force and effect to this Agreement. 16. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of WIFE or HUSBAND to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the dispute or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual covenant, no fault divorce pursuant to the terms of the Divorce Code of Pennsylvania. The parties agree to sign all necessary documents, including affidavits of consent, concurrent with the execution of this Agreement, to secure the said no fault divorce. 17 17. ABSOLUTE AND FINAL SETTLEMENT. The provisions of this Agreement are intended to consider, determine, and distribute all of the Assets of the parties hereto as part of the terms of this Marital Settlement Agreement. This Agreement is intended by the parties hereto to be a valid Marital Settlement Agreement, providing for the absolute and final settlement of their respective property rights and obligations of spousal support. This Agreement is not intended to be a mere separation agreement. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or promises, other than those expressly set forth in this Agreement. 18. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT. Each party acknowledges that this Agreement has been entered into of his or her own volition, (with full knowledge of the facts and full information as to the legal rights, liabilities, and the assets of the other), and that each believes this Agreement to be reasonable under the circumstances and not the results of any duress or undue influence. 19. MODIFICATION AND WAIVER. Neither this Agreement nor any provision thereof shall be amended or modified or deemed amended or modified, except by an agreement in writing duly subscribed and acknowledged with the same formality as this Agreement. Any waiver by either party of any provision of this Agreement, or any right or option hereunder shall not be deemed a continuing waiver, and shall prevent or estop such party from thereafter enforcing such provision, right, or option, and the failure of either party to insist in any one or more instances upon the strict performance of any of the terms or provisions of this Agreement by the other party shall not be construed as a waiver or a relinquishment for the future of any such or provision, but the same shall continue in full force and effect. 18 20. EFFECTIVE DATE. The effective date of this Agreement shall be the date of execution of this Agreement by both parties. 21. SITUS. This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 22. INDEPENDENT SEPARATE COVENANTS. It is hereby understood and agreed upon between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 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. 23. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They should have no effect whatsoever in determining the rights or obligations of the parties. 19 24. SURVIVAL OF THIS AGREEMENT / INCORPORATION NOT MERGER. It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by other parties and no order, judgment, or decree of divorce (temporary, interlocutory, final, or permanent) shall effect or modify the financial terms of this Agreement. This Agreement, at the option of either party, may be submitted court having jurisdiction over the martial action between HUSBAND and WIFE so that this Agreement can become part of any decree of Divorce issued by said Court and may be made a part of said Decree and any judgment thereon with jurisdiction remaining in the Court so that the terms hereof are complied with. The Agreement, however, will survive the Decree of Divorce and not be merged into it. Regardless of whether this Agreement is made a part of a Court Order, this Agreement may be enforced as provided in Sections 3502(e) and 3105(a) of the Divorce Code. 25. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other legal or equitable remedies or relief as may be available to him or her; and the party breaching this contract hereby agrees to be responsible for payment of attorneys fees, legal costs, and expenses incurred by the other and enforcing their rights under this Agreement. 26. BINDING EFFECT. Each of the parties hereto intends to be legally bound hereby, and this Agreement shall be binding upon their heirs, personal representatives, and assigns of their respective parties hereto. 20 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and date first written, each adopting the seal following his or her signature as his or her own. WITN P SEAL ROBERT T. BRADSH W T?, VY, <.((?? (? ? (SEAL) DIANE K. BRADSHAW 20 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. On this.. the 23`d day of August, 2010, before me, the undersigned officer, personally appeared, ROBERT T. BRADSHAW, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN, WI'T'NESS WHEREOF, I hereunto set my hand and official seal. tary Public ",'fAONWEAL-CHQFpE1?NSYLVAP+iA. ? NOTARIAL SEAL r j,-mEANNE AMETRANO, Notary Public city of Harrisburg, Dauphin County My C,,nMj lon EXpirae February 22.2411 COUNTY OF >L f' SS. On this, the a?'q clay of rqv2 c?S f , 2010, before me, the undersigned officer, personally appeared, DIANE K. BRA SHAW, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. r Notary Public ANCOAMM EX F \HomeAKKNIGHT\DOCS\BRADSFIA W.ROBFRT\MSA.08.20. I 0-FINAL.wpd 21 DIANE K. BRADSHAW, Plaintiff/Petitioner vs. ROBERT T. BRADSHAW, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-7106 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this day of December, 2011, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff/Petitioner, hereby certify that I have this day sent a copy of Petition for Special Relief, by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Cunningham & Chernicoff, PC Attn: Jordan D. Cunningham, Esquire P.O. Box 60457 Harrisburg, PA 17106-0457 MAX J. SMITH, JV,., Esquire I.D. No. 32114 JESSICA E. LOWE, Esquire I.D. No. 208041 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 DIANE K. BRADSHAW, Plaintiff/Petitioner vs. ROBERT T. BRADSHAW, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7106 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this ;.2 day of 2011, upon Motion of MAX J. SMITH, JR., Esquire, attorney for Petitioner, DIANE K. BRADSHAW, and upon consideration of the within Petition for Special Relief to Enforce Marital Settlement Agreement, a Rule is entered on the Respondent, ROBERT T. BRADSHAW, to show cause why the prayer of the within Petition should not be granted. Rule returnable withinH _ days from the date of service. Service shall be effected upon counsel of record for Respondent. BY THE COURT: Distribution: Max J. Smith, Jr., Esquire P.O. Box 650 Hershey, PA 17033-0650 717-533-3280 717-533-2795 (Fax) Email: mjsCa jsdc.com /Jordan D. Cunningham, Esquire P.O. Box 60457 ? Harrisburg, PA 17106-0457 -r? 717-238-6570 M M ' -n 717-238-4809 (Fax) - ? ?+ ? -t _4 C r - --? -a x?. Ca -rj ca r l Z; --c ?,, ? . : y Max J. Smith, Jr., Esquire Attorney I.D. #32114 Jessica E. Lowe, Esquire Attorney I.D. #208041 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA. 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: mjs@jsdc.com Pik i 9?'j 06? FIM 3; 36 C t r? 'J" T 1 ={,V" 1 11 t? R L kl{. 1 b.+°tk.kF?, DIANE K. BRADSHAW, Plaintiff/Petitioner vs. ROBERT T. BRADSHAW, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-7106 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PETITION FOR SPECIAL RELIEF TO ENFORCE MARITAL SETTLEMENT AGREEMENT TO THE HONORABLE JUDGES OF SAID COURT: AND NOW comes the Petitioner, DIANE K. BRADSHAW, by her attorney, MAX J. SMITH, JR., Esquire, and respectfully states the following: 1. The Petitioner is DIANE K. BRADSHAW, an adult individual residing at 367 Great Forest Road, Grimesland, North Carolina. 2. The Respondent is ROBERT T. BRADSHAW, an adult individual residing at 6250 Stirrup Court, Harrisburg, Pennsylvania. 3. Petitioner and Respondent are formerly husband and wife, having been married on March 5, 1983 and having been subsequently divorced by Decree of this Honorable Court on r September 8, 2010; a true and correct copy of the Decree in Divorce is marked Exhibit "A", attached hereto and made part hereof. 4. The parties executed a Marital Settlement Agreement dated August 30, 2010, which was incorporated into said Decree in Divorce (See copy of Marital Settlement Agreement marked Exhibit "B", attached hereto and made part hereof). Both parties were represented by counsel when negotiating and finalizing the terms of said. Marital Settlement Agreement. 6. Paragraph 3.(A).i. of said Marital Settlement Agreement provides that "If the HUSBAND is unable to sell the Marital Home to a private third party, then a $60,000.00 payment to WIFE from HUSBAND shall be made at the expiration of each year, for a period of two (2) years, from the date of the execution of this Agreement." 7. Respondent has failed to comply with said provision of the Marital Settlement Agreement, by not paying the sum of $60,000.00 to Petitioner by August 30, 2011, despite repeated requests for payment. Instead, Respondent has only paid the sum of $23,000.00 to Petitioner. 8. Respondent's breach of agreement provisions has caused and continues to cause Petitioner financial harm. 9. Respondent's actions are contemptuous and in willful disregard of the Decree in Divorce issued by this Honorable Court. 10. Respondent has substantial income and assets and has the ability to pay Petitioner the sum that is due under the terms of the Marital Settlement Agreement. 11. 23 Pa. C.S.A. §3502(e) empowers the court to provide relief in cases where a party has failed to comply with the terms of an agreement as entered between the parties relative to equitable division of marital property. WHEREFORE, Petitioner requests your Honorable Court to: A. Order Respondent to comply with the terms of the Marital Settlement Agreement as incorporated into the Decree in Divorce; B. Find Respondent in contempt of court; C. Order Respondent to pay Petitioner's attorney's fees, costs, and expenses incurred in connection with enforcement of the Marital Settlement Agreement; D. Order such other relief as your Honorable Court deems appropriate. Respectfully submitted, Date: December)-0 , 2011 14?, MAX J. SMITH, ., Esquire I.D. No. 32114 JESSICA E. LOWE, Esquire I.D. No. 208041 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Petition 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. J ? ? ' `?? a ?S?G(,?f DIANE K. BRADSHAW ?X ?i?? Tit DIANE K. BRADSHAW V. ROBERT T. BRADSHAW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-7106 CIVIL TERM DIVORCE DECREE AND NOW, September 8 DIANE K. BRADSHAW 2010 , it is ordered and decreed that ROBERT T. BRADSHAW bonds of matrimony. , plaintiff, and 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.") Marital Settlement Agreement dated 30 August 2010, is hereby incorporated into the Final Divorce Decree. By the Court, I Albert H. Masland Attest: J . Prothonotary Certified Copy Issued: September 8, 2010 Date ???1? ?? MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN ROBERT T. BRADSHAW AND DIANE K. BRADSHAW 0 -,-;. , c ;-TI Kelly M. Knight, Esquire Cunningham & Chernicoff, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (Attorney for Robert T. Bradshaw) Max J. Smith, Jr., Esquire James, Smith, Dietterick, & Connelly, L.P. P.O. Box 650 Hershey, PA 17033 (Attorney for Diane K. Bradshaw) MARITAL SETTLEMENT AGREEMENT MADE AND CONCLUDED this j?C" day of 2010, by and between ROBERT T. BRADSHAW, of 6250 Stirrup Court, Harrisburg, Dauphin County, Pennsylvania 17111 (hereinafter referred to as "HUSBAND"). AND DIANE K. BRADSHAW, of 517-G Spring Forest Road„ Greenville, North Carolina 27834 (hereinafter referred to as "WIFE"). WITNESSETH WHEREAS, the parties hereto are husband and wife, having been marred on March 5, 1983; WHEREAS, unfortunate and irreconcilable differences have arisen between the parties by reason of which continued cohabitation as HUSBAND and WIFE has been rendered impossible; and WHEREAS, the parties have made full disclosure to each other of their assets and liabilities, and have agreed on a settlement to resolve all property rights and differences existing between them; and WHEREAS, it is the desire of the parties after long and careful consideration, to amicably adjust, compromise and settle all property rights, and all rights in, to, or against each other's property or estate, including property heretofore subsequently acquired by either party, and to settle all disputes existing between them, including any and all claims for HUSBAND's and/or WIFE's maintenance and/or for spousal support, alimony pendente lite, alimony, counsel fees and expenses, equitable distribution; and WHEREAS, the parties intend this Agreement to be a full and complete Marital Settlement Agreement, providing for the absolute and final settlement of all of their respective marital and property rights and claims for spousal support, alimony pendente lite, alimony, counsel fees and expenses, and equitable distribution of the marital property. NOW THEREFORE, for and in consideration of the mutual benefits to be derived by the parties and intending to be legally bound hereby, the parties hereby covenant and agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to HUSBAND by his counsel, Kelly M. Knight, Esquire. The provisions of this Agreement and their legal effect have been fully explained to WIFE by her counsel, Max J. Smith, Jr., Esquire. HUSBAND and WIFE declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of her and his selection. Each party further acknowledges that each fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, 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. In addition, each party hereby acknowledges that he or she is aware of the impact of the Pennsylvania Divorce Code, 23 Pa. C.S.A. §3101, et sue., whereby the Court has the right and duty to determine all martial rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and 3 Tit equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation, or any other right arising from the parties' marriage. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to engage in discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure and each of the parties specifically waives his or her right to engage in any further discovery. Each party further acknowledges that he or she is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the Courts of this Commonwealth or any other Court or competent jurisdiction. The respective parties do hereby warrant that there has been full and fair disclosure to the other of his or her income, assets and liabilities, and each party agrees that any right to further disclosure. valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that, based upon the warrants of disclosure, the division of the marital assets as set forth in this Agreement is considered fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenant and agree for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was any duress, undue influence, or that there was a failure to have available full, proper and independent representation by legal counsel. 4 ,W 3. EQUITABLE DISTRIBUTION. (A) REAL PROPERTY L The Marital Home. The parties acknowledge that HUSBAND and WIFE are the owners of a parcel of real property known and numbered as 1602 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania 17241 (the "Marital Home"). Within forty-five (45) days from the date of execution of this Agreement, HUSBAND agrees to obtain refinancing of the mortgage currently held on the Marital Home due and owing to F & M Trust Account #902000265 to a mortgage solely in his name. HUSBAND shall furnish to WIFE a copy of the evidence of the release of WIFE from any liability or obligation on all mortgage notes presently existing with respect to the Marital Home upon which both parties are currently liable. Upon the refinancing of the Marital Home, HUSBAND shall pay to WIFE the sum of $220,000.00. In exchange, WIFE shall execute and deliver all documents in the usual form conveying, transferring and granting to HUSBAND all her right, title and interest in and to the Marital Home. Subsequent to the refinancing of the Marital Home by HUSBAND, the parties agree that the Marital Home shall be privately sold to a third party within two (2) years from the date of execution of this Agreement. Upon the sale of the Marital Home, HUSBAND shall pay to WIFE an additional $120,000.00 at the time of closing of the Marital Home. HUSBAND shall be entitled to all remaining proceeds from the sale of the Marital Home. If the HUSBAND is unable to sell the Marital Home to a private third party, then a $60,000.00 payment to WIFE 5 M from HUSBAND shall be made at the expiration of each year, for a period of two (2) years, from the date of the execution of this Agreement. i(a). Real Estate Expenses for the Marital Home From the date of execution of this Agreement, HUSBAND agrees to assume as his sole obligation any and all mortgage payments, taxes, utility charges, insurance, maintenance, repairs, claims, damages and all other expenses incurred in connection with the Marital Home. HUSBAND further agrees and covenants to hold WIFE harmless from any liability or obligation arising from any expense incurred in connection with the Marital Home. In exchange, HUSBAND shall be entitled to claim all mortgage and house equity interest for federal income tax purposes in calendar year 2010. ii. The North Carolina Beach House The parties acknowledge that HUSBAND and WIFE are the owners of a parcel of real property known and numbered as 907 Emerald Court, Corolla, North Carolina 27927 (the "Beach House"). Within forty-five (45) days from the date of execution of this Agreement, WIFE agrees to obtain refinancing of the mortgage currently held on the Beach House due and owing to Bank of America Account #871547175-4 to a mortgage solely in her name. WIFE shall furnish to HUSBAND a copy of the evidence of the release of HUSBAND from any liability or obligation on all mortgage notes presently existing with respect to the Beach House upon which both parties are currently liable. 6 M Upon receipt of evidence of refinancing, for, and in, consideration of the sum of $1.00 to be paid at the time of refinancing, HUSBAND shall execute and deliver all documents in the usual form conveying, transferring and granting to WIFE all his right, title and interest in and to the Beach House. ii(a). Real Estate Expenses for the Beach House From the date of execution of this Agreement, WIFE agrees to assume as her sole obligation any and all mortgage payments, taxes, utility charges, insurance, claims, damages and all other expenses incurred in connection with the Marital Home, except for certain repairs and home owner's association fees, as more fully described in this Agreement. WIFE further agrees and covenants to hold HUSBAND harmless from any liability or obligation arising from any expense incurred in connection with the Marital Home, not otherwise covered by the provisions of this Agreement. In exchange, WIFE shall be entitled to claim all mortgage and house equity interest for federal income tax purposes in calendar year 2010. ii(b) Homeowner's Assoc. Fees for the Beach House HUSBAND shall be responsible for the payment of the Homeowner's Association Fees incurred for the Beach House for a period of two (2) years from the date of execution of this Agreement. WIFE shall forward all notice of amounts due for Homeowner's Association Fees that are due to HUSBAND immediately upon her receipt of the same. At the expiration of two (2) years from the date of execution of this Agreement, WIFE shall be solely responsible for all Homeowner's Association Fees due for the Beach House. 7 M ii(c) Repairs to the Beach House WIFE shall be responsible for the first $1000.00 of necessary repairs and maintenance item to the Beach House per year for a period of two (2) years from the date of execution of this Agreement. For a period of two (2) years from the date of execution of this Agreement, the parties agree that HUSBAND shall be responsible for any necessary repair cost incurred in connection with Beach House in excess of $1000.00 per year. WIFE agrees that she will provide HUSBAND with receipts of all necessary repairs and maintenance items for the first $1000.00 for each year. For purposes of this Agreement, a "repair" shall be limited to those emergency repairs necessary to ensure the home is suitable to receive renters - i.e. basic electrical, plumbing heating and structural systems. A "repair," for purposes of this Agreement shall not include any painting, appliance repair or replacement, carpeting or other home furnishings. The parties agree that all necessary repair costs, in excess of $1000.00 per year, must first be submitted to HUSBAND for approval, with at least two (2) estimates, prior to proceeding with the necessary repair. In addition, the parties agree that all necessary repairs, in excess of $1000.00 shall be submitted as a claim to the insurance carrier carrying the current insurance on the Beach House prior to be submitted for payment by HUSBAND. ii(c)(I) Pool Repairs at the Beach House HUSBAND and WIFE shall equally share responsibility for all emergency pool repairs for the beach house pool. For purposes of this Agreement, a "repair" shall be limited to those emergency repairs necessary to ensure the pool is usable. A "repair" shall not include routine maintenance for the upkeep of the pool. HUSBAND'S liability under this provision shall not, under any circumstances, exceed $5000.00 per year. Any emergency repairs in excess of HUSBAND'S share of $5000.00 shall be the sole responsibility of WIFE. ?Ir- (B) PERSONAL PROPERTY L Each of the parties recognize that during the marriage they acquired certain furnishings and personal property. Each of the parties recognize that the furnishings and personal property acquired by them during their marriage is marital property as that term is defined in the Divorce Code. ii. Miscellaneous Property: All property not specifically addressed herein shall be hereafter owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence transfer of any and all rights in such property from each to the other. iii. Property to Wife: The parties agree that WIFE shall own, possess, and enjoy, free from any claim of HUSBAND, the property awarded to her by the terms of this Agreement. HUSBAND hereby quitclaims, assigns and conveys to WIFE all such property, together with any insurance policies covering that property, and any escrow amounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from HUSBAND to WIFE. 9 iv. Property to Husband: The parties agree that HUSBAND shall own, possess, and enjoy, free from any claim of WIFE, the property awarded to him by the terms of this Agreement. WIFE hereby quitclaims, assigns and conveys to HUSBAND all such property, together with any insurance policies covering that property, and any escrow amounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from WIFE to HUSBAND. (C) BANK / INVESTMENT / 401(k) ACCOUNTS WIFE and HUSBAND hereby covenant and agree that, unless specifically provided otherwise herein, all of the funds contained in any savings, checking, investment, pension and/ or 401(k) account held in WIFE'S name shall hereinafter be the sole and exclusive property of WIFE. HUSBAND and WIFE hereby covenant and agree that, unless specifically provided otherwise herein, all of the funds contained in any savings, checking, investment, pension and/ or 401(k) account held in HUSBAND'S name shall hereinafter be the sole and exclusive property of HUSBAND. (D) BUSINESS INTERESTS The parties acknowledge that HUSBAND is a managing member of Contingency Management: Consulting Group, LLC located in Mechanicsburg, PA. The parties agree that HUSBAND shall retain and receive as his sole and separate property any and all interest he has in and to the above listed entity and WIFE hereby waives and releases any and all right, title, claim or interest she may have in and to HUSBAND'S interest in the above listed corporate entity, including but not limited to, fixed assets and accounts receivable. 10 (E) ASSUMPTION OF LIABILITIES L HUSBAND shall be solely liable for all debt he has incurred in his name alone and HUSBAND further agrees that he will indemnify and hold WIFE harmless from any liability, cost or expense, including attorney's fees, associated with these obligations. ii. WIFE shall be solely liable for all debt she has incurred in her name alone and WIFE further agrees that she will indemnify and hold HUSBAND harmless from any liability, cost or expense, including attorney's fees, associated with these obligations. iii. WIFE and HUSBAND represent and warrant to each other that, except as provided herein, neither one has contracted since separation, or will in the future contract, any debts, charges or liabilities whatsoever for which the other party or their property or their estates shall or may be or become liable or responsible, and they covenant that they will at all times keep each other free, harmless, and indemnified against and from any and all debts and liabilities heretofore or hereafter contracted or incurred by the other, except as expressly provided in this Agreement. iv. Liability Not Listed: Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall be due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 4. ALIMONY (A) HUSBAND shall pay to WIFE the sum of $1500.00 per month in alimony beginning on the fifteenth (15`x) day of the first (1 ") month after the execution of this Agreement. 11 Such payments shall continue to be paid by HUSBAND to WIFE on the fifteenth (15`h) day of each month thereafter for a period of seven (7) years from the date of execution of this Agreement. (B) The provisions of this Paragraph are non-modifiable and not subject to change due to a change in circumstances with the following exception: (1) WIFE's death, in that event, HUSBAND's duty to pay alimony shall terminate as of the date of WIFE's death. (C) The parties agree that the entire amount being paid to WIFE pursuant to this Paragraph is a separate periodic maintenance payment, included and intended to be included with the income of the WIFE within the meaning and intent of Section 71 of the United States Internal Revenue Code of 1954 and deductible from the HUSBAND's gross income pursuant to the provisions of Section 215 of the United States Internal. Revenue Code of 1954. WIFE agrees that all said payments shall be included as income of the WIFE in her applicable tax returns and that she shall pay such taxes as may be required by reason of such inclusion. (D) HUSBAND agrees to make all alimony payments directly to WIFE. In the event that HUSBAND defaults on his obligation to pay alimony directly to WIFE in accordance with the schedule set forth in this Agreement, then the parties agree that each shall execute a stipulation and prepare an order to be filed with the Office of Domestic Relations in the appropriate jurisdiction. Such stipulation and order shall provide that all remaining alimony payments due under this Agreement shall be wage attached from HUSBAND and paid to WIFE through the appropriate Office of Domestic Relations. HUSBAND shall be provided with a ten (10) day notice of default and opportunity to cure from WIFE prior to the wage attachment provisions of this section becoming effective. 12 5. WAIVER OF RIGHTS AND MUTUAL RELEASE. The parties hereto have been informed of their rights under and pursuant to Divorce Code of Pennsylvania, particularly the provisions concerning alimony, alimony pendente lite, equitable distribution, marital property, counsel fees, and expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the substantive law and hereby waive, release, and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution, marital property, counsel fees, and expenses. From the date hereof, each party may acquire personal or real property in his or her own name. Any property so acquired shall be owned solely by that party and shall not be subject to any claim whatsoever by the other party. Subject to the provisions of this Agreement, each party has released, discharged and, by this Agreement, does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either of the parties ever had, now have, or can have at any time against the other, specifically including rights or claims to spousal support, alimony, alimony pendente lite, counsel fees, and expenses, equitable distribution of marital property, except for any cause of action for divorce from the bonds of matrimony and any cause of action for breach of any provisions of this Agreement. The parties hereto expressly relinquish and waive any and all rights that they may have now or in the future to claim and/or obtain spousal support, alimony pendente lite, alimony, counsel fees, and expenses or other equitable distribution of property. This Agreement is not intended to be, nor shall it be construed or deemed to be, a release or waiver of any right WIFE or HUSBAND may have to claim, assert, or obtain Social Security benefits to which either may have been entitled by virtue of the marriage relationship between WIFE and HUSBAND. 13 6. WAIVER OF PENSION AND OTHER EMPLOYEE BENEFITS. The parties hereby waive any and all right to claim any interest or share in each other's pension, profit-sharing plans and other employee benefits, if any, from their present or past employers. Both acknowledge that they have received information regarding the existence or non-existence of such employment benefits (including but not limited to profit sharing, ESOP plans, pension contributions and plans and 401k plans) and are satisfied with the information provided. The parties acknowledge that they have been informed of their right to obtain an independent appraisal of each other's retirement and employment interests. Both parties agree to sign any and all documents necessary to cause the transfer of his or her interest in any pension/employment benefit, upon request by the other spouse. Further, both parties acknowledge that they understand they must notify their employer and/or appropriate plan administrator of the removal and/or change of any such beneficiary designation. The execution of this Agreement is intended by the parties to operate as an effective consent under 29 U.S.C. § 1055(c) et seq. by the non-participant spouse to the election by the participant spouse to waive the QJSA and QPSA. Further, the execution of this Agreement is intended to operate as a valid spousal consent in compliance with 29 U.S.C. §(c)(2)(A) which sets forth the three requirements for the non-participant spouse's consent to the participant's election to waive the QJSA and the QJPS. 7. LIFE INSURANCE POLICY / BENEFICIARY DESIGNATION Both parties acknowledge that the HUSBAND is currently the owner of a life insurance policy in the amount of $250,000.00, which names WIFE as the sole beneficiary. The parties agree that HUSBAND shall maintain this existing life insurance policy and shall continue listing WIFE as the sole beneficiary for a period of two (2) years from the date of execution of this Agreement. 14 S. FULL AND FAIR DISCLOSURE OF ASSETS. Both parties acknowledge that they have been given an opportunity to conduct investigations of the other party's assets or the parties' joint assets as he or she so desired, including formal appraisals, but do not wish to conduct such additional investigation or to receive any additional information concerning the other party's assets, present or future income and financial condition, and both parties hereby waive any rights which he may have to receive such additional information or to challenge the validity of this Agreement on the grounds that he did not receive a full and fair disclosure. 9. ESTATE RELEASE. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights that he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, courtsy, statutory allowance, widow's allowance, or to take property under equitable distribution, right to take in intestacy, right to take against the will of the other, and the right to act as an administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. 10. AFTER ACQUIRED PERSONAL PROPERTY. Each the parties shall hereafter own and enjoy, independently of any claims or rights of the other, iterns of real and personal property, tangible or intangible, hereinafter acquired by him or her, with full power of 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. 15 11. PRIOR INCOME TAX RETURNS. The parties have heretofore filed joint federal and state income tax returns. WIFE agrees that in the event any deficiency in federal, state, or local income taxes is proposed, or in the assessment of such tax is made against HUSBAND by reason of her having joined in the filing of said joint returns, WIFE will indemnify and hold HUSBAND harmless from and against any loss or liability for such tax deficiency or assessment or any interest in penalty incurred as a result of WIFE's misrepresentation or failure to disclose the nature and extent of WIFE's separate income, and HUSBAND agrees that in the event any deficiency in federal, state, or local income taxes is proposed, or in the assessment of such tax is made against WIFE by reason of him having joined in the filing of said joint returns, HUSBAND hereby agrees the he will indemnify and hold harmless WIFE from and against any loss or liability for any tax deficiency or assessment of any interest or penalty incurred as a result of HUSBAND's misrepresentation or failure to disclose the nature and extent of HUSBAND's separate income. 12. REPRESENTATIONS AND WARRANTIES. The parties acknowledge that they have the right to require the filing of financial disclosure statements by the other, prior to the entering into this Agreement, and being so advised the parties acknowledge that they have waived their right to request such financial disclosures. 13. 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 may from time to time choose or determine fit. 16 14. NO INTERFERENCE. Each party shall be free from interference, authority, and control, direct and indirect, by the other as if he or she were single and unmarried. Neither shall molest the other, compel, nor endeavor to compel, the other to cohabit or dwell with him or her, or to interfere with friendships, society, or acquaintances, which either of the parties hereto may choose or have from this day forward. . 15. DOCUMENTS. Each party shall, at the request of the other, execute, acknowledge, and deliver to the other party any documents which may be reasonably necessary to give full force and effect to this Agreement. 16. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of WIFE or HUSBAND to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the dispute or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual covenant, no fault divorce pursuant to the terms of the Divorce Code of Pennsylvania. The parties agree to sign all necessary documents, including affidavits of consent, concurrent with the execution of this Agreement, to secure the said no fault divorce. 17 17. ABSOLUTE AND FINAL SETTLEMENT. The provisions of this Agreement are intended to consider, determine, and distribute all of the Assets of the parties hereto as part of the terms of this Marital Settlement Agreement. This Agreement is intended by the parties hereto to be a valid Marital Settlement Agreement, providing for the absolute and final settlement of their respective property rights and obligations of spousal support. This Agreement is not intended to be a mere separation agreement. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or promises, other than those expressly set forth in this Agreement. 18. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT. Each party acknowledges that this Agreement has been entered into of his or her own volition, (with full knowledge of the facts and full information as to the legal rights, liabilities, and the assets of the other), and that each believes this Agreement to be reasonable under the circumstances and not the results of any duress or undue influence. 19. MODIFICATION AND WAIVER. Neither this Agreement nor any provision thereof shall be amended or modified or deemed amended or modified, except by an agreement in writing duly subscribed and acknowledged with the same formality as this Agreement. Any waiver by either party of any provision of this Agreement, or any right or option hereunder shall not be deemed a continuing waiver, and shall prevent or estop such party from thereafter enforcing such provision, right, or option, and the failure of either party to insist in any one or more instances upon the strict performance of any of the terms or provisions of this Agreement by the other party shall not be construed as a waiver or a relinquishment for the future of any such or provision, but the same shall continue in full force and effect. 18 W 20. EFFECTIVE DATE. The effective date of this Agreement shall be the date of execution of this Agreement by both parties. 21. SITUS. This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 22. INDEPENDENT SEPARATE COVENANTS. It is hereby understood and agreed upon between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 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. 23. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They should have no effect whatsoever in determining the rights or obligations of the parties. 19 24. SURVIVAL OF THIS AGREEMENT / INCORPORATION NOT MERGER. It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by other parties and no order, judgment, or decree of divorce (temporary, interlocutory, final, or permanent) shall effect or modify the financial terms of this Agreement. This Agreement, at the option of either party, may be submitted court having jurisdiction over the martial action between HUSBAND and WIFE so that this Agreement can become part of any decree of Divorce issued by said Court and may be made a part of said Decree and any judgment thereon with jurisdiction remaining in the Court so that the terms hereof are complied with. The Agreement, however, will survive the Decree of Divorce and not be merged into it. Regardless of whether this Agreement is made a part of a Court Order, this Agreement may be enforced as provided in Sections 3502(e) and 3105(a) of the Divorce Code. 25. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other legal or equitable remedies or relief as may be available to him or her; and the party breaching this contract hereby agrees to be responsible for payment of attorneys fees, legal costs, and expenses incurred by the other and enforcing their rights under this Agreement. 26. BINDING EFFECT. Each of the parties hereto intends to be legally bound hereby, and this Agreement shall be binding upon their heirs, personal representatives, and assigns of their respective parties hereto. 20 • s • IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and date first written, each adopting the seal following his or her signature as his or her own. (SEAL) ROBERT T. BRADSH W 1 f n R (SEAL) DIANE K. BRADSHAW 20 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN On this, the 23`d day of August, 2010, before me, the undersigned officer, personally appeared, ROBERT T. BRADSHAW, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. 1N WITNESS WHEREOF, I hereunto set my hand and official seal. taffy Public C ._" MONWEAC-TH OF PENNSYLVAkIA NOTARIAL SEAL Public WMEANNE AMETRANO, Notary City of Harrisburg, Dauphin CouMY My Co_ro"Ion Expirel5 February 2. 201 1 SS. COUNTY OF ?f On this, the 3?''`day of y'??2 c ?.?5 f , 2010, before me, the undersigned officer, personally appeared, DIANE K. BRA SHAW, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public CONEXPIRES «'" c ti i 3 F'\Home\KKNIGHI"?.DOCS\BRADSFIAW R03ERT\MSA.0820.10-1--INA1-.wpd 21 DIANE K. BRADSHAW, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 08-7106 CIVIL TERM ROBERT T. BRADSHAW, CIVIL ACTION -LAW Defendant/Respondent IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this )4 day of December, 2011, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff/Petitioner, hereby certify that I have this day sent a copy of Petition for Special Relief, by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Cunningham & Chemicoff, PC Attn: Jordan D. Cunningham, Esquire P.O. Box 60457 Harrisburg, PA 17106-0457 MAX J. SMITH, JR., Esquire I.D. No. 32114 JESSICA E. LOWE, Esquire I.D. No. 208041 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ?t 12 FEB -8 AN 10: 50 CUMBERLAND COUNTY PENNSYLVANIA DIANE K. BRADSHAW, Plaintiff/Petitioner V. ROBERT T. BRADSHAW, Defendant/Respondent Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: 717-238-6570 Facsimile: 717-238-4809 Email: icunnin am ,cclawpc.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7106 CIVIL ACTION - LAW DIVORCE NOTICE TO: Plaintiffs YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM THE DATE OF SERVICE HEREOF OR A DEFAULTJUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, COFF, P.C. Date: Z_ l," By: T9da;(lJ--Cunningham, Esquire VA Supreme Court I.D. No. 23144 P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: 717-238-6570 Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: 717-238-6570 Facsimile: 717-238-4809 Email: junningham&clayTc.com DIANE K. BRADSHAW, Plaintiff/Petitioner V. ROBERT T. BRADSHAW, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-7106 CIVIL ACTION - LAW DIVORCE RESPONSE TO MOTION MAKE RULE ABSOLUTE 1. The averments of Paragraph 1 are admitted. 2. The averments of Paragraph 2 are admitted. 3. The averments of Paragraph 3 are admitted. 4. The averments of Paragraph 4 are partially admitted and partially denied. 5. The averments of Paragraph 5 are partially admitted and partially denied. NEW MATTER 6. The averments of Paragraphs 1 through 5 of the Response to Motion to Make Rule Absolute are incorporated herein as if more fully set forth. 7. On or about January 16, 2012, Petitioner's counsel, Max Smith, and Respondent's counsel had an extensive discussion regarding a repayment agreement that might be possible and could be made by Respondent. Respondent could not make the lump sum payment as the real property he received in the Marital Settlement Agreement had dropped so much in value due to the economy that he could not obtain an equity loan on its current value. 8. On January 25, 2012, a formal offer was made to Petitioner's counsel for repayment of Respondent's obligation at the rate of $5,000.00 per month, which payment has been made over several months to the Petitioner until the debt was paid in full or Respondent secured an equity investor for his business. 9. At no time did Petitioner's counsel ever indicate to Respondent's counsel that he would file a Motion to Make Rule Absolute and left Respondent's counsel under the impression that the parties were still negotiating and would take no action until the negotiations were concluded. 10. As of the date of this Response to the Motion to Make Rule Absolute, Respondent's counsel has not received a communication from Petitioner's counsel whether the offer forwarded to him on January 25, 2012 was either acceptable or not. WHEREFORE, Respondent respectfully requests this Honorable Court to deny the Motion to Make Rule Absolute and to set a hearing with regard to the Petition for Special Relief to Enforce Marital Settlement Agreement. 2 Respectfully submitted, CUNNINGBA.M & CHERNICOFF, P.C. r Date: B ??C?/,? z- y: Jord D. Cunningham, Esquire PA Supreme Court I.D. No. 23144 P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: 717-238-6570 F:\Home\AHEWITT\DOCS\A-C\BRADSHAW\RESPONSE to motion to make rule absolute 020712.wpd 3 CERTIFICATE OF SERVICE I do hereby state that on the day of February 2012, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first- class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Max J. Smith, Jr., Esquire James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Angela L. Hewitt Legal Assistant DIANE K. BRADSHAW, PLAINTIFF/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT T. BRADSHAW, DEFENDANT/RESPONDENT 08-7106 CIVIL TERM ORDER OF COURT AND NOW, this ?O? day of February, 2012, upon consideration of Plaintiffs motion to make rule absolute and Defendant's response thereto, we direct that a hearing thereon be held on the 15th day of February, 2012, at 8:45 a.m., in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Max J. Smith, Jr., Esquire For Plaintiff/Petitioner Jordan D. Cunningham, Esquire For Defendant/Respondent : saa &,p, es M4" l" 0/ A'e' G Masland Albert H , . m ? DIANE K. BRADSHAW, IN THE COURT OF COMMON PLEAS OF PLAINTIFF/PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT T. BRADSHAW, DEFENDANT/RESPONDENT 08-7106 CIVIL TERM z +T ?ORDER OF COURT r = c^ ° 11* 0 a Cart ? AND NOW, this 15th day of February, 2012, upon representation i th(Qar have reached a stipulation we ORDER AND DIRECT as follows: This matter shall be continued for a period of 60 days. 2. Respondent shall pay the balance due and owing on the August 2011, $60,000 payment within 60 days. 3. Pending payment in full Respondent shall continue to pay to Petitioner $5,000 per month. 4. Respondent will provide documentation to Petitioner that reflects his financial position within seven days. 5. If the amount due and owing is not fully paid within 60 days either party may request a hearing on this matter. By the Court, G Albert H. Mail nd, J.. Max J. Smith, Jr., Esquire $A A For Plaintiff/Petitioner Jordan D. Cunningham, Esquire 4tA-+ - .( d?/!S'IjZ SA4 For Defendant/Respondent saa