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HomeMy WebLinkAbout09-8273By: Stephen J. Barcavage, Esquire Owens Barcavage & McInroy, LLC ID #78867 2000 Linglestown Road Suite 303 Harrisburg, PA 17110 717-909-2500 Attorney for Plaintiff BRADLEY CARL DUNLEAVY, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. SUSAN ELIZABETH DUNLEAVY, : Defendant DIVORCE ACTION NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested 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 divorce is indignities or irretrievable breakdown of the marriage, you may request counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 By: Stephen J. Barcavage, Esquire Owens Barcavage & McInroy, LLC ID #78867 2000 Linglestown Road Suite 303 Harrisburg, PA 17110 717-909-2500 Attorney for Plaintiff BRADLEY CARL DUNLEAVY, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. SUSAN ELIZABETH DUNLEAVY, Defendant No. Oqi- Fa 73 DIVORCE ACTION COMPLAINT IN DIVORCE AND NOW comes Bradley Carl Dunleavy, by and through his counsel, Owens Barcavage & McInroy, LLC, who represents as follows: COUNT I -DIVORCE UNDER SECTION 3301(c), SECTION 3301(d) OR SECTION 3301(a) OF THE DIVORCE CODE 1. Plaintiff, Bradley Carl Dunleavy, is an adult individual, who currently resides at 7101 Salem Park Circle, Mechanicsburg, PA 17050, since on or about October 2001. Plaintiffs date of birth is November 13, 1965. 2. Defendant, Susan Elizabeth Dunleavy, is an adult individual, who currently resides at 7101 Salem Park Circle, Mechanicsburg, PA 17050, since on or about October 2001. Defendant's date of birth is September 11, 1965. 3. Plaintiff and Defendant have been bonafide residents in the Commonwealth of Pennsylvania of a period of at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 19, 1995, in Mechanicsburg, Pennsylvania. 5. Plaintiff avers that there are no children of the parties. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. 7. There have been no other prior actions of divorce or annulment filed by either of the parties hereto. 8. Plaintiff is aware of the availability of counseling and that Plaintiff has the right to request that the Court require the parties to participate in counseling. 9. The marriage is irretrievably broken. 10. Defendant has offered such indignities to Plaintiff, who is an innocent and injured spouse, so as to render his condition intolerable and life burdensome. 11. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff prays this Honorable Court to enter a Decree in Divorce divorcing the Plaintiff from the bonds of matrimony heretofore existing between Plaintiff and Defendant. COUNT II - EQUITABLE DISTRIBUTION 12. Paragraphs one through eleven are incorporated herein by reference as if fully set forth. 13. During the course of the marriage, Plaintiff and Defendant acquired items of personal property and real property. 14. The property acquired by the parties is subject to equitable distribution. 15. The property Defendant believes is subject to equitable distribution includes, but is not limited to, the marital residence and marital debts. WHEREFORE, Plaintiff respectfully requests the court to enter a decree dividing the property equitably between the parties and such other relief as the court seems just. OWENS BARCAVAGE & McINROY, LLC By: Zs t . Barcavag , uire Attorney for Plaintiff ID# 78867 2000 Linglestown Road Suite 303 Harrisburg, PA 17110 717-909-2500 Dated: VERIFICATION I, Bradley Carl Dunleavy, hereby state and aver that I have read the foregoing document which has been drafted by my counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief although the language is that of my counsel, and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa.C.S.§4904 relating to unworn falsification to authorities. radley Carl Dunleavy 1 t 1.? ('bt ?i 1 *-t ? k : ,5 1 1 1, a,si, r ? t All - 11-1-0 •_.-/ alb// i?ll e /r, AV/Y ,g1v-1lrwj4( 1% r r BRADLEY CARL DUNLEAVY, Plaintiff v. SUSAN ELIZABETH DUNLEAVY, Defendant ~at~ ~ ~ 200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N NO. 09-8273 CIVIL TERM r- " ~=% 4J rt Z-' { C' -~~ ~ r` ~ s-~ IN DIVORCE ~ ORDER OF COURT -- -y- r-- ___ ~ tTJ ~~ :~ `~ A. _ '~ ~ ;> C'i -- ~ ~Jm ~'' :~ ~ r -~c AND NOW, this 43 ~, day of Z1?1 2010 upon agreement of the parties thereto, the attached Stipulation for Plaintiffs Exclusive Possession of the Marital Residence is incorporated herein and entered as an Order of this Court. Distribution: Deb D. Cantor, Esquire, McNees, Wallace and Nurick, LLC, 100 Pine Street, Harrisburg, PA 08 1166 Stephen J. Barcavage, Esquire, Owens Barcavage & Mclnroy, LLC, 2000 Linglestown Road, Suite 303, Harrisburg. PA 17110 / !S/!~ ~~ McNEES WALLACE ~ NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 Lynnore K. Seaton Attorney ID No. 210241 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile dcantor@mwn.com Iseaton@mwn.com Attorneys for Defendant ~~~ ~-!c~ TF',~Np~ARX 2010 JAN -$ AM $: 20 C{11~1~~:~N;~.~u ~;~ PF~'Jte'SYl.VAN~A ~~ BRADLEY CARL DUNLEAVY, Plaintiff v. SUSAN ELIZABETH DUNLEAVY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8273 CIVIL TERM IN DIVORCE STIPULATION FOR DEFENDANT'S EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE ,1m AND NOW, this ~ day of January, 2010 come the Plaintiff, Bradley Carl Dunleavy, by and through his attorneys, Owens, Barcavage 8 Mclnroy, LLC, and Defendant, Susan Elizabeth Dunleavy, by and through her attorneys, McNees, Wallace and Nurick, LLC intending to be legally bound, stipulate and agree as follows: 1. The Plaintiff is Bradley Carl Dunleavy, an adult individual, residing at 7101 Salem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter the "marital residence"). 2. The Defendant is Susan Elizabeth Dunleavy, an adult individual, residing at the marital residence. 3. The parties were married on August 19, 1995, in Mechanicsburg, Pennsylvania. 1 4. Plaintiff filed a Complaint in Divorce docketed to No. 09-8273, on November 30, 2009, in the Cumberland County Court of Common Pleas. 5. Plaintiff has agreed that he will obtain an apartment no later than January 9, 2010. 6. Effective with the execution of this agreement by the last party to execute the document, but commencing no later than midnight on January 9, 2010, Defendant shall have exclusive possession of the marital residence until further agreement of the parties, or further Order of Court, upon the following terms and conditions, which the parties intend and agree shall be entered as an Order of Court: a. Defendant shall be responsible for making payments on the mortgage, utilities, taxes and insurance associated with the marital residence during the duration of her residency, provided that Plaintiff promptly and completely pays the biweekly spousal support obligation owed to Defendant as outlined in the parties' support stipulation. b. The parties stipulate and agree that, by granting Defendant exclusive possession of the residence at this time, this Agreement does not constitute a transfer of the ownership of the marital property and that each party's right to raise claim to the property, or equity therein, in equitable distribution is reserved hereby. c. Defendant and Plaintiff agree that until further Order of Court, neither parry, personally, or by agent, may sell, alienate transfer, dispose of dissipate and/or encumber assets of the marital estate as they existed at the date of separation, whether funds, realty or personalty and regardless of whether titled individually or jointly. d. Defendant and Plaintiff agree that Defendant shall be entitled to change the locks on the residence if she sees fit to do so. e. Contemporaneously with the execution of this agreement, the Plaintiff shall return all keys to the marital residence, the garage door opener, and Defendant's vehicle and 1 shall not enter the marital residence, Defendant's vehicle (2003 Chevy Impala), or the garage without Defendant's express agreement. f. Any items of personal property or household goods which remain in the Defendant's possession, the marital residence, in Plaintiff's residence or possession, and which disposition in equitable distribution is presently unresolved shall not be sold, alienated transferred, disposed of or dissipated in the absence of a written agreement of the parties. g. In the event that the marital residence needs maintenance or repair work in order to preserve the value of the residence which shall exceed the cost of $500, Defendant's exclusive possession of the residence shall not relieve Plaintiff of responsibility for a contribution there on, which shall be resolved at the time of equitable distribution by an adjustment to the value of the equity in the residence received by the party that retains the property in final distribution. Should neither party retain the residence and the residence be sold, the maintenance costs and reasonable expenses to prepare the home for sale, shall be borne equally by the parties. 7. The parties stipulate and agree that pending further agreement of the parties, or an Order of Court, Defendant shall have exclusive use and possession of the 2003 Chevy Impala and Plaintiff shall have exclusive use and possession of the 2007 Honda Accord. In furtherance thereto, Defendant and Plaintiff shall turn over possession of all keys to the vehicles identified above no later than 5:00 p.m. January 8, 2010. The parties further agree that they shall separate their vehicle insurance policies and each shall be responsible to insure the vehicle in their possession. 8. Should either party breach the terms of this Agreement, the breaching party shall be solely responsible for paying in full, the non-breaching party's attorneys fees in connection with enforcing the terms of this Agreement. 9. The parties agree and intend that this Stipulation be made an Order of Court. 10. Cumberland County Court of Common Pleas shall retain jurisdiction of this matter. Date: ~ Ll 10 Date: ~~ ~ Date: ~ ~ Date: De or, Esquire Counsel for Defendant L ' { JAN. 112010 BRADLEY CARL DUNLEAVY, Plaintiff v. SUSAN ELIZABETH DUNLEAVY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY cn ~ ; , PENNSYLVANIA ~ o , -, -'' -t `'~ ~ cr NO. 09-8273 CIVIL TERM ~ °" -- . ~' CT1 ~ -, r J C IN DIVORCE ~= ` ~, _ ~,.~ _~_'~_ ~ - . cri ORDER OF COURT AND NOW, this t 3 ~ h day of ~ '7>7 2010, upon agreement of the parties thereto, the attached Stipulation for Support is incorporated herein and entered as an Order of Court. Di tribution: Debra D. Cantor, Esquire, McNees Wallace & Nurick LLC, 100 Pine Street, Harrisburg, Pa., 171 -1166 Stephen J. Barcavage, Esquire, Owens Barcavage & Mclnroy, LLC, 2000 Lingelstown Road, Suite 303, Harrisburg, Pa., 17110 ~D p t ~~ i'I't~ t I i~ rl~v ~-1-r~ RY THE (:Cll IRT• . Y BRADLEY CARL DUNLEAVY, Plaintiff v. SUSAN ELIZABETH DUNLEAVY, Defendant ~~~ ~~~~~ 101 p JAN _8 AN 8: 20 ~{{'~!!jj tt r IN THE COURT OF COMNfO~ r~+.I ~;0' OF CUMBERLAND COUNTY, ~~(~S~`/~rA PENNSYLVANIA NO. 09-8273 CIVIL TERM ~ IN DIVORCE STIPULATION FOR SUPPORT AND NOW, this ~~ day of , 2010, come the parties, Susan E. Dunleavy, (hereinafter referred to as "Wife") and Bradley Carl Dunleavy (hereinafter referred to as "Husband") and executes the following Stipulation regarding spousal support for Susan E. Dunleavy; and WHEREAS, the parties wish to enter into an agreement relative to the spousal support related to the above-captioned matter; and WHEREAS, Wife is represented by McNees, Wallace and Nurick, LLC and Debra D. Cantor; and WHEREAS, Husband is represented by Owens Barcavage 8~ Mclnroy, LLC and Stephen J. Barcavage; and WHEREAS, both parties have been afforded a full opportunity to review this Stipulation with counsel of his or her choosing prior to executing same; and WHEREAS, both parties desire to enter into an agreement regarding the spousal support. Page 1 of 2 .~ THEREFORE, in consideration of the mutual covenants, promises and agreements as set forth here below and intending legally bound hereby, the parties each agree as follows: 1. Effective January 1, 2010 and commencing thereafter, Husband agrees to pay to Wife the sum of $550.00 biweekly for spousal support. 2. This support obligation was reached by agreement of the parties, with consideration of the fact that Wife is assuming responsibility for the expenses of the marital residence, as further outlined in paragraph 4. 3. Said sum shall be paid to Wife in the amount of $550.00 biweekly for the support of wife. Beginning January 15, 2010, Obligor shall pay said sum of $550.00 biweekly every other Friday directly to Wife, either through check or direct deposit. The parties specifically agree that if Obligor is ever 7 days or more delinquent in said obligation, a wage attachment shall be issued. 4. The parties specifically acknowledge that Wife is remaining in the marital residence and shall be solely responsible for payment of mortgages, taxes, utilities and other liens and insurance associated with the property and indemnifies Husband and holds him harmless thereon as long as payments of support are made pursuant to the Stipulation for Exclusive Possession. WHEREFORE, the parties further agree that this Stipulation shall be reduced to Court Order. IN WITNESS, WHEREFORE, each party sets forth his or her signature here below Page 2 of 2 intending to be legally bound. i Bra' ey C. Dunleavy BRADLEY CARL DUNLEAVY, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : - No. 09-8273 Civil Term SUSAN ELIZABETH DUNLEAVY, W r Defendant DIVORCE ACTION AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on November 30, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 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: B DLEY CARL DUNLEAVY Plaintiff BRADLEY CARL DUNLEAVY, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 09-8273 Civil Term SUSAN ELIZABETH DUNLEAVY, Defendant DIVORCE ACTION ` - ,.., CSi WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(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: BRADLEY CARL DUNLE Plaintiff BRADLEY CARL DUNLEAVY, Plaintiff V. SUSAN ELIZABETH DUNLEAVY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8273 CIVIL TERM, - IN DIVORCE ?- .r AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 30, 2009. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 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. Section 4904 relating to unsworn falsification to authorities. Susan E. Dun eavy Date: lv ?$ l ? ?, BRADLEY CARL DUNLEAVY, Plaintiff V. SUSAN ELIZABETH DUNLEAVY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-8273 CIVIL TERM NO . IN DIVORCE ' il WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. 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. a6iVt- P DIAIn Susan E. Dunleavy Date: /?/?? 0 r By: Stephen J. Barcavage, Esquire Owens Barcavage & McInroy, LLC ID # 78867 2000 Linglestown Road _ Suite 303 Harrisburg, PA 17110 y r 717-909-2500 Attorney for Plaintiff, BRADLEY CARL DUNLEAVY, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. SUSAN ELIZABETH DUNLEAVY, : No. 09-8273 Civil Term Defendant DIVORCE ACTION AFFIDAVIT OF ACCEPTANCE OF SERVICE I, Susan Elizabeth Dunleavy, Defendant herein, do hereby swear and affirm that I accepted service of a true and correct copy of the Complaint in Divorce on December A, 2009. P? Susan Elizabeth D leavy BRADLEY CARL DUNLEAVY, Plaintiff vs. SUSAN ELIZABETH DUNLEAVY, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-8273 Civil Term DIVORCE ACTION E MARRIAGE SETTLEMENT AGREEMENT This Agreement made this day of June 2012, by and between Bradley Carl Dunleavy, who resides at 4060 Nancy Drive, Dauphin County, Harrisburg, PA 17109, hereinafter referred to as "Husband", AND Susan Elizabeth Dunleavy, who resides at 7101 Salem Park Circle, Cumberland County, Mechanicsburg, PA 17050, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully joined in marriage on August 19, 1995, in Mechanicsburg, Pennsylvania and have been residents of Pennsylvania for a period of at least six (6) months, but differences have arisen between them in consequence of which they are living separate and apart from each other; and WHEREAS, there are no children of the parties under the age of 18; and WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations, particularly those rights and obligations growing out of their marriage relationship, including by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Wife by Husband or Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife each acknowledge that he or she is fully cognizant of the assets, liabilities, and general financial condition of the parties jointly and of each other individually and both parties are of full and complete understanding that they have the right to seek advice of separate legal counsel; and NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Debra D. Cantor, Esquire, of McNees Wallace and Nurick, LLC, for Wife and Stephen J. Barcavage, Esquire, of Owens, Barcavage and McInroy, LLC, for Husband. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to 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 hereto acknowledges that he or she has had the opportunity to be fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital 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 a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. SEPARATION The parties hereby acknowledge that they separated in November of 2009, and that they agree to live separate and free from the marital authority and control of the other as fully as if single and unmarried. Neither party shall molest, malign or interfere with the other, nor compel or attempt to compel the other to live with him or her by any means whatsoever. Each may live wherever he or she may see fit, subject only to the provisions of this Agreement. 3. DISCLOSURE OF ASSETS Each of the parties hereto acknowledges that he or she is aware of his or her right to 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. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel, the concept of marital property under Pennsylvania law and each 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 of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. 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. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. In the event that one party subsequent to the execution of this Agreement discovers that the other party failed to disclose an asset valued in excess of $1,000.00, then in such event, the parties agree that the Court of Common Pleas of Cumberland County Pennsylvania shall retain jurisdiction over the Equitable Distribution of said asset. In the event the parties are unable to agree as to the distribution of the after discovered asset, either party may petition the court for the Equitable Distribution of said asset. 4. REAL PROPERTY The parties acknowledge that they jointly own property at 7101 Salem Park Circle, Cumberland County, Mechanicsburg, PA 17050. Wife is solely responsible for all mortgages and property taxes associated with the real property. Wife shall have sole and exclusive possession of the marital residence as of the Date of Execution of this Agreement. The home is encumbered by one (1) loan, specifically PSECU Account No. ending in 47364. It is agreed that Wife shall retain the Marital Residence and shall refinance or otherwise assume the obligations owed to PSECU within five (5) years from the date of the execution of this Agreement. Should Wife fail to refinance the obligations within five (5) years, the Marital Residence shall be listed for sale immediately and Wife shall be solely entitled to the proceeds of the sale. Likewise, Wife shall be solely obligated for any shortfall upon sale of the property. Upon his removal from any obligation associated with the home, Husband waives any right, title and interest he may have in the home and shall execute any documents necessary to waive such interest within 10 days of a request to do so. In the event Wife fails to make two consecutive mortgage payments, Husband may use the alimony payments outlined herein to directly make the mortgage payments. Any balance remaining after the payment of the mortgage payment shall be made to Wife on a monthly basis. 5. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY The parties have divided between them, to their mutual satisfaction, all personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 6. ALIMONY Husband shall pay to Wife alimony in the amount of $650.00 bi-weekly for a period of nine (9) years beginning the first pay period of the month following the entry of the Divorce Decree. Said amount shall be increased by 1.5% per annum beginning July 1 of each calendar year. This alimony award shall be secured by a life insurance policy with a face value of $100,000 and which names Wife as the irrevocable beneficiary of such policy. Husband shall provide to Wife proof of the existence of such policy and the beneficiary designation within ten (10) business days of the execution of this agreement. Thereafter, said proof shall be provided on January 3 of each year that the alimony award is in existence. Except as provided for in this Agreement, it shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any additional support from the other party. In the event that either of the parties shall seek a modification of the terms of this paragraph, or in the event that Wife makes any claim for spousal support or alimony other than as provided for by the terms of this Agreement, that party shall indemnify and hold the other party harmless from and against any loss resulting therefrom, including counsel fees and costs. Husband's obligation to make payments pursuant to this paragraph will end and he will be released from the obligation of payment upon Wife's remarriage or cohabitation, or the death of either party. All payments by Husband pursuant to this paragraph will be made concurrently with his paycheck on a bi-weekly basis. Said payments shall be made via direct deposit into the parties jointly held PSECU account, if Husband's employer so allows. If Husband's employer does not allow for direct deposit, Husband and Wife shall make arrangements for a direct transfer between bank accounts and shall cooperate with the provision of the account information as necessary. In the event Husband fails to pay said amount of a one month period, this agreement shall be submitted to the Cumberland County Domestic Relations office for the entry of an alimony order and wage attachment. Cohabitation For purposes of this Agreement, cohabitation shall be defined as continuous shared residence for a period in excess of thirty days, with no requirement that either cohabitor contribute to the support of the other, and/or; For purposes of this Agreement, "cohabitation" is further defined as financial, social, and sexual interdependence where Wife and the person with whom she is living actually reside together in the manner of spouses, assuming the rights and duties generally associated with a marriage relationship. This definition is derived from Miller v. Miller, 508 A.2d 550 (Pa. Super. 1986) and shall be controlling upon the parties regardless of changes in the statutory or case law of Pennsylvania. Reduction, Modification The parties expressly agree that alimony is modifiable in the event of Husband's disability. For purposes of this Agreement, disability is defined as a physical or mental incapacity which prevents Husband from working at his present level of income for a period of at least 90 consecutive days. 7. BANK ACCOUNTS The parties maintain, and will continue to maintain, a joint PSECU bank account through which the jointly held mortgage is paid. Said account shall remain open as long as the joint mortgage is in existence. Nonetheless, Husband agrees that this account is to be used solely by Wife and Husband shall not access any of its funds. Said account shall be closed upon the satisfaction of the jointly held mortgage. The parties agree that each shall be responsible for maintaining their own bank accounts. Furthermore, the parties agree that the funds in their own, separate accounts will not be subject to distribution. 8. ADDITIONAL DEBT The parties are obligors on additional PSECU debt, specifically account number L-21 ******6713 and account number L-9 ******6713. It is agreed that Husband shall assume both of these debts. Husband shall remove Wife's name, if necessary, from said accounts within ninety (90) days of the execution of this Agreement. Husband agrees that from the date of separation forward, he has been solely responsible for the payments on said debt and agrees to indemnify and hold Wife harmless from such. Husband shall be solely liable for all credit card debt in his name alone. Wife shall be solely liable for all credit card debt in her name alone. Wife shall also be solely liable for all Wife's student loans. 9. RETIREMENT, PENSION, IRA/401(K), STOCK Husband is the owner of retirement benefits. The parties agree that the funds in Husband's own, separate accounts will not be subject to distribution. Wife does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, she may have in any retirement account that is to become the sole and separate property of Husband pursuant to the terms hereof. 10. HEALTH INSURANCE The parties agree that each shall be responsible for securing their own health, dental, vision, and pharmaceutical insurance coverage. 11. INCOME TAX RETURNS The parties have heretofore filed joint Federal, State and/or local income tax returns. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. In the event the deficiency is the result of an oversight, error or mistake, the parties agree that any resulting tax, interest, penalty or expense shall be shared equally by the parties. 12. WAIVER It is hereby mutually agreed that neither party hereto shall seek and does hereby waive, their right to seek now and in the future, payment alimony pendente lite, counsel fees, costs and expenses any other charges of any nature whatsoever pertaining to any divorce proceeding which may be instituted in any Court in the Commonwealth or any jurisdiction, and each of the parties acknowledge that the provisions of this Agreement provide for their own separate and independent support and maintenance and each therefore waives his/her right to spousal support. 13. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 14. HUSBAND'S LIABILITY Wife agrees that she has not contracted as of the date the parties separated nor shall Wife contract in the future any debt or liability for which Husband or his property or his Estate might be responsible and shall indemnify and hold harmless Husband from any and all claims or demands made against him by reason of debts or obligations so incurred by her. 15. WIFE'S LIABILITY Husband agrees that he has not contracted as of the date on which the parties separated nor shall Husband contract in the future any debt or liability for which Wife or her property or her Estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations so incurred by him. 16. 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, in 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 such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. 17. BREACH A. If either party breaches any provision of this Agreement, the other shall have the rights, at his or her election, either to sue for specific performance of this Agreement or to sue for damages premised upon said breach. In such proceedings, the only issue shall be whether one or both of the parties has breached the Agreement and in no event shall either Husband or Wife, their attorneys or legal representatives, have the right to question any of the provisions of this Agreement. B. This Agreement, at the option of either party, may be submitted to a Court having jurisdiction over the marital 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. C. 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. D. In the event that either party brings an action based upon the breach of the other for any of the terms and conditions of this Agreement, the party having so breached the Agreement, "the responsibility for breaching the Agreement to be determined by a Court of competent jurisdiction," agrees to be responsible for the damages sustained by the non- breaching party, and also agrees to reimburse the non-breaching party for all reasonable attorney's fees and Court costs incurred because of the breach of the within Agreement. 18. WAIVER OF BENEFICIARY DESIGNATION Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit, or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pension, and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other pose-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If, and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 19. HUSBAND'S ESTATE Wife agrees that, as of the date of execution of this Agreement, she will release any and all claims which she would have in Husband's Estate, regardless of whether he would die testate or intestate, and Wife further agrees that she does hereby waive, release and forever give up any right which she would have to elect against her Husband's Will should any such Will now exist or hereafter come into being. Wife further releases any claim which she might have to act as Executrix or Administratrix of Husband's Estate, and further releases any claim which she would have to declare any exemption allowed by any surviving spouse under the applicable laws of the Commonwealth of Pennsylvania. 20. WIFE'S ESTATE Husband agrees that, as of the date of execution of this Agreement, he will release any and all claims which he would have in Wife's Estate, regardless of whether she would die testate or intestate, and Husband further agrees that he does hereby waive, release and forever give up any right which he would have to elect against his Wife's Will should any such Will now exist or hereafter come into being. Husband further releases any claim which he might have to act as Executor or Administrator of Wife's Estate, and further releases any claim which he would have to declare any exemption allowed by any surviving spouse under the applicable laws of the Commonwealth of Pennsylvania. 21. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS A. This Agreement shall not be considered to effect or bar the right of Wife or Husband to limited or absolute divorce 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 or any act or acts on the part of the other party which occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. B. At such time as one of the parties decides to file for a divorce, the parties agree that is shall be mutual consent or no-fault divorce pursuant to Section 3301(c) of the Divorce Code of 1980 as amended. 22. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided for herein, this Agreement shall continue to full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 23. DATE OF EXECUTION The "Date of Execution" or "Execution Date" of this Agreement shall be defined as the date upon which it is executed by the parties, if they have executed this Agreement on the same date. Otherwise, the "Date of Execution" or "Execution Date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. This Agreement shall be signed in triplicate, with each copy in full force and effect as an original. 24. CONFIRMATORY DOCUMENTS Husband and Wife covenant and agree that they will forthwith (and within at least fifteen (15) days after demand therefore), execute any and all written instruments, assignments, releases, satisfactions, deeds, titles, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. The parties will further deliver to each other whatever personal papers, documents or writings that each now possesses which are the property of the other. 25. MODIFICATION AND WAIVER A modification or waiver of any of the provisions of this Agreement shall be effected only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 26. ENTIRE AGREEMENT This Agreement contains the parties' entire understanding, with no representations, warranties, covenants or undertakings other than those expressly set forth herein. 27. INDEPENDENT SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 28. VOID CLAUSES If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 29. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 30. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 31. ACKNOWLEDGEMENT Each party to this Agreement acknowledges and declares that he or she respectively: a. Is fully and completely informed as to the facts relating to the subject matter of this Agreement, and as to the rights and liabilities of both parties; and b. Enters into this Agreement voluntarily and intelligently and after receiving the advice of independent counsel, or after having had the opportunity to seek the advice of independent counsel, or after having been fully advised of the advisability of seeking the advice of independent counsel, free from fraud, undue influence, coercion, or duress of any kind; and Has given careful mature thought to the making of this Agreement; and d. Has carefully read each provision of this Agreement; and e. Thoughtfully and completely understands each provision of this Agreement; f. Agrees that the provisions of this Agreement are fair, adequate, equitable, and satisfactory and executed by both parties in, as and for final settlement and satisfaction of all claims and demands or any nature whatsoever, and after a full and fair disclosure by the parties of all facts bearing upon and pertaining to the provisions of this Agreement, including both parties net worth. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and any year first above written. WITNESS: e-- ?J?j BRADLEY CARL DUNLEAVY C I o a I tl'? SUSAN ELIZAB H D AVY BRADLEY CARL DUNLEAVY, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 09-8273 Civil Term SUSAN ELIZABETH DUNLEAVY, : Defendant DIVORCE ACTION On this 1?)fk day of June 2012, before me a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, personally appeared SUSAN ELIZABETH DUNLEAVY, 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 purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. OTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jeanne M. Barnhart, Notary public city of Harrisburg, Dauphin County My Commisslon Expires June 7, 2015 BRADLEY CARL DUNLEAVY, Plaintiff vs. SUSAN ELIZABETH DUNLEAVY, Defendant COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA No. 09-8273 Civil Term DIVORCE ACTION On this 4+1day of June 2012, before me a Notary Public, in and for the Commonwealth of Pennsylvania and County of Dauphin, personally appeared BRADLEY CARL DUNLEAVY, 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 purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. MMONWEALTH OF PENNSYLVANIA Notarlal seal Sunni H. Elmore, Notary Pubic Susquehanna Twp., Dauphin County ComrAssion Mardi i9 2014 MEMBER, PE VAMA TM OF NOTAMB Bradley Carl Dunleavy vs. Susan Elizabeth Durl a'°' - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 09-8273 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under § (3301(c)) and (Strike out inapplicable section.) 2. Date and manner of service of the complaint: by Personal Service to Defendant on December 2, 2009 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff June 4, 2012 ; by defendant June 8, 2012 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the respondent opposing party: 4. Related claims pending: None 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: June 15, 2012 Date defendant's Waiver of Notice was filed with the Prothonotary: June 15, 2012 tt ey for Plat /D dant IN THE COURT OF COMMON PLEAS OF Bradley Carl Dunleavy CUMBERLAND COUNTY, PENNSYLVANIA V. Susan Elizabeth. Dunleavy NO. 09.8273 Civil Term DIVORCE DECREE AND NOW, 26 r2-- , it is ordered and decreed that Bradley Carl Dunleavy plaintiff, and Susan Elizabeth Dunleavy 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.") None By the Court, ThAas A, lacey AttftmeJucge Prothonotary •?27 /.fit y RI%lce 6 t ?- lAlD i.J