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HomeMy WebLinkAbout10-2465 ? ? t1f 11 14 R E' v J JULIE DELBRIDGE, Plaintiff, VS. JAMES DELBRIDGE Defendant r : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE NO- 10 - olgb5 Civi (Term NOTICE 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 in 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 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 Dauphin County, Front and Market Streets, Harrisburg, 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 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 t 1.50 PA ?Yrl 1 D30 'C "?# ay0q80 add; JULIE DELBRIDGE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DIVORCE JAMES DELBRIDGE Defendant NO. COMPLAINT IN DIVORCE 1. Plaintiff Julie Delbridge who currently resides at 1108 Yverdon Drive, Apt. 13- 1, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is James Delbridge who currently resides 37 Willow Way Drive, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 13, 1992, in San Diego, California. 5. One child was born of this marriage, Hayden Delbridge (D.O.B. 9-4-06). 6. Neither Plaintiff nor Defendant are 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 it amendments. 7. There have been no prior actions of divorce or for annulment between the parties. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 10. Plaintiff requests the court to enter a Decree of Divorce divorcing Plaintiff and Defendant. WHEREFORE, Plaintiff requests that this Court enter a Decree in Divorce divorcing Plaintiff and Defendant and such other Orders as are just and appropriate. COUNT II EQUITABLE DISTRIBUTION 10. The averments of paragraphs 1-9 are incorporated herein by reference. 11. During the marriage the parties acquired marital property, assets and debts which Plaintiff requests the Court equitably distribute and assign. WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce divorcing Plaintiff and Defendant, enter an Order equitably distributing marital property and such other orders as may be just and appropriate. Respectfully submitted, vi4-?f ? 1 v Melissa L. Van Eck, Esquire Attorney ID No. 85869 7810 Allentown Blvd. Suite B Harrisburg, PA 17112 (717)540-5406 Date: '? Attorney for Plaintiff VERIFICATION I, Julie Delbridge, verify that the statements made in the foregoing COMPLAINT in DIVORCE are true and correct to the best of my knowledge, information and belief I understand that false statements herein are mad subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: 1`-4 - (a- I ?? JULIE DELBRIDGE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW ~ ~ --; DIVORCE <:__ --r ~ -~ JAMES DELBRIDGE '~ - , , ~, Defendant NO. 10-2465 Civil Term r`~~,. -c - _1> ~;"3 ~., `,~ ~ -c AFFIDAVIT OF SERVICE I do hereby state that I served a true and correct copy of the Complaint in Divorce, in the above captioned matter, by placing the same in the United States mail, first-class, postage prepaid, certified mail, return receipt requested, in Harrisburg, Pennsylvania, and delivered on Apri126, 2010, as per the attached return receipt card, addressed to: James Delbridge 37 Willow Way Drive Enola, PA 17025 Date: ~J'7~U Respectfully submitted, ~O,.r~a c~4-~b.~~e.~ Melissa L. Van Eck, Esquire Attorney ID No. 85869 7810 Allentown Blvd. Suite B Harrisburg, PA 17112 (717)540-5406 Attorney for Plaintiff Exhibit "A" ^ Complete items 1, 2, and 3. Atso complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 'C~mLS ~1 bra dlo~~ 3 ~l ~~ 11 ow ~Ua.y T~r~ ono -a ~A l\ (q ~~~ a ttrr~r~rrrt~rr~rerttr~irr~r~~-;~r~rr~~ n rt~rrrtrrr~ ~rrr~ A. Signatu ~~ ~ ~, . - ~ Addressee by to artZeh . Da a of Delivery D. Is delivery ad ress diffe kem 1? ^ Yes If YES, enter delivery address below: ^ No ~ ~ ll U a 5 3. service Type Cartifled Mall ^ Express Mail ^ Registered Retum Receipt for Merchandise ^ Insured Mali O C.O.D. 4. Restricted Delivery? (E.xtra Fee) ^ Yes z. Article Number 7 p p 8 2 810 a o a 1 6 2 3 5 9 415 (Transfer from service label) apr - PS Form 3811, February 2004 Domestic Return Receipt to25s5-o2-M-t5ao r T ~~ Z L 6L 6 t/d `6~ngs~~~eH 8 'a~S 'P~I9 unno~uallb' OL81 ess~~ady :u}~y '~'d`~I~3ueA ~ ~1~3UeA xoq s{y; ui b+d~Z pue `ssa~ppe `aweu ~no~(;uud asea~d :~apuas Ol•-J 'oN;Iw~ad SdSfl pled saa~ ~ a6e;sod IieW sseiD-;snd 3O1/~LI3S 1t11SOd S31`dlS 17311N(~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JULIE ANN DELBRIDGE, Plaintiff ) NO. 10-2465 v. ~ ) JAMES D. DELBRIDGE, ) CIVIL ACTION -LAW Defendant ) IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY Kindly enter the appearance of Lesley J. Beam, Esquire and the law firm of Howett, Kissinger & Holst, P.C., as counsel for James D. Delbridge, Defendant in the above-captioned divorce action. Date: ~ ~ i~singer & Holst, P.C. 130`~alnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, James D. Delbridge ~~ °p a f ~ ..__ ,~ ~~ z ; -~; ~=;~ ,,._ YfT __. ~--- J .-. i .~ ,~, ,4__~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JULIE ANN DELBRIDGE, Plaintiff ) NO. 10-2465 v. ) JAMES D. DELBRIDGE, ) CIVIL ACTION -LAW Defendant ) IN DIVORCE CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, counsel for James D. Delbridge, Defendant in the above- captioned action, hereby certify that a true and correct copy of the foregoing Praecipe for Entry of Appearance was served upon Melissa L. Van Eck, Esquire, counsel for Plaintiff, Julie Ann Delbridge, by depositing same in the United States mail, first class, on August 16, 2010, addressed as follows: Melissa L. Van Eck, Esquire Van Eck & Van Eck PC 7810 Allentown Boulevard Harrisburg, PA/Ir1112-3765 Date: 0 T,es . Beam, Esquire H TT, KISSINGER & HOLST, P.C. 13 alnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, James D. Delbridge JULIE DELBRIDGE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW DIVORCE MET) JAMES DELBRIDGE Defendant NO. 10-2465 Civil Term r Y u? N .Jn AFFIDAVIT OF CONSENT r I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 14, 2010. 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: We Delbri ge Plaintiff JULIE DELBRIDGE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. DIVORCE JAMES DELBRIDGE ?-= Defendant NO. 10-2465 Civil Term _r WAIVER OF NOTICE OF INTENTION TO REQUE ST:-,=-c-- ENTRY OF A DIVORCE DECREE UNDER y §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. 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.§ 4904 relating to unsworn falsification to authorities. Date: e?, /1L,/- J ie Delbridge Plaintiff CUMBERLAND COUNTY f)E NSYLVANIA MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN JAMES D. DELBRIDGE AND JULIE A. DELBRIDGE Lesley J. Beam, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for James D. Delbridge Melissa L. Van Eck, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110 Telephone: (717) 232-5000 Counsel for Julie A. Delbridge MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this 3-?- day of '?-t rq 12011, by and between. James D. Delbridge, of Cumberland County, Pennsylvania, and Julie A. Delbridge, of Lebanon County, Pennsylvania; WITNESSETH: WHEREAS, James D. Delbridge (hereinafter referred to as "Husband"), presently resides at 37 Willow Way Drive, Enola, Cumberland County, Pennsylvania 17025; WHEREAS, Julie A. Delbridge (hereinafter referred to as "Wife"), presently resides at 217 South Harrison Street, Palmyra, Lebanon County, Pennsylvania 17078; WHEREAS, the parties hereto are husband and wife, having been lawfully married on February 13, 1992 in San Diego, California; WHEREAS, the parties have lived separate and apart since on or about March 10, 2010; WHEREAS, the parties are the parents of one minor child, namely, Hayden J. Delbridge, who is four years of age (hereinafter referred to as "Hayden"); WHEREAS, the parties share custody of Hayden equally at the time of execution of this Agreement; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency 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. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Lesley J. Beam, Esquire for Husband and Melissa L. Van Eck, Esquire for Wife). Each party 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 the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands 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, 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 pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek 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. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees 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 a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Husband has already commenced a divorce action pursuant to §3301(c) of the Divorce Code in Cumberland County, docketed to Civil Action No. 2010-2465. The parties further acknowledge the ninety-day waiting period provided for under §3301(c) of the Divorce Code has expired, and agree to finalize the divorce action pursuant to the mutual consent no-fault provisions set forth within §3301(c) of the Divorce Code. Simultaneously with the execution of this Agreement, both of the parties will execute Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Husband, who shall file them of record along with any and all other necessary documents to ensure the prompt entry of a divorce decree. 4 5. EQUITABLE DISTRIBUTION. (a) Marital Residence. Husband is the titled owner of that certain house and lot and all improvements thereupon situated at 37 Willow Way Drive, Enola, Cumberland County, Pennsylvania 17025 (hereinafter referred to as the "Marital Residence") The parties agree as follows with respect to the Marital Residence: (1) Husband shall remain the sole and exclusive owner of the Marital Residence and shall be permitted to take any action with respect thereto that he deems appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest she may have in and to the Marital Residence. (2) Wife agrees that as of the date of execution of this Agreement, if not already performed, any and all title policies and any other policies of insurance with respect to the Marital Residence shall be endorsed to reflect Husband as sole owner thereof and Wife further agrees that Husband shall be entitled to receive any payments now or hereafter due under any such insurance policies. (3) Commencing on the execution date of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys' fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in the Marital Residence. 5 (4) The Marital Residence is secured by a mortgage through the Veterans' Administration, which mortgage has an approximate balance of $280,000. Husband shall be solely liable for payment of this mortgage, and shall, no later than eighteen (18) months after the date that the divorce is final, refinance, close or transfer the mortgage into his name alone so that Wife shall bear no further liability towards this debt. (b) Furnishings and Personalty. (1) The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. (2) Except as otherwise set forth herein, Husband shall retain, as his sole and separate property, free of any and all right, title, claim or interest of Wife, all of the personalty and furnishings remaining in the Marital Residence. (3) Except as otherwise set forth herein, Wife shall retain, as her sole and separate property, free of any and all right, title, claim or interest of Husband, all of the personalty and furnishings currently in her possession. (c) Motor Vehicles. (1) Husband agrees that Wife shall retain possession of and receive as her sole and separate property the 2001 Toyota 4-Runner that was the automobile that she was driving and that was titled in her name at the parties' separation, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. At the time of execution of this Agreement, it is understood that Wife has 6 already disposed of the 2001 Toyota 4-Runner and has obtained a Volvo sedan. Wife shall retain sole possession and ownership of this vehicle. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorneys' fees, incurred in connection with any vehicle belonging to Wife by virtue of this subparagraph. Any joint liability associated with a vehicle received by Wife under this section shall be closed or refinanced within 60 days of execution of this Agreement. (2) Wife agrees that Husband shall retain possession of and receive as his sole and separate property the 2006 Nissan Titan currently titled in his name alone, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorneys' fees, incurred in connection with any vehicles belonging to Husband by virtue of this subparagraph. Any joint liability associated with a vehicle received by Husband under this section shall be closed or refinanced within 60 days of execution of this Agreement. (3) The parties agree that they will cooperate in effectuating any transfer of titles and insurance necessary to accomplish the purposes of this subparagraph. (d) Life Insurance. The parties acknowledge and agree that each shall retain as his/her sole property, any and all life insurance policies in his/her name, free of any right, title or interest of the other party. The parties agree to execute and deliver any documents necessary to formally release all claims to the presently existing life insurance of the other. 7 (e) Pension and Retirement Benefits. Wife and Husband each hereby specifically release and waive any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including, but not limited to, pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts, or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations hereunder. (f) Financial Accounts. Wife and Husband each hereby specifically release and waives any and all right, title, claim or interest that he or she may have in and to any and all other financial accounts not otherwise stated of the other party. Wife shall retain her all financial accounts in her name alone. Husband shall receive all financial accounts in his name alone. The parties agree that their joint financial accounts have already been closed and the contents divided equally between the parties. The parties shall be able to retain those funds that they already received from the joint accounts, and no further exchange of money shall be warranted. (g) Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be 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 the transfer of any and all rights in such property from each to the other. (h) 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, and 8 waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts 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. (i) 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, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts 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. (j) Liabilities. (1) In addition to those liabilities identified elsewhere in this Agreement, Wife shall be solely liable for repayment of all of those debts in her name alone, specifically to include the Wells Fargo Mastercard, which had an approximate balance of $2,500.00 at the time of the parties' separation and to which debt Wife has already removed Husband's name. Wife shall also be solely liable for repayment of the line of credit at Sovereign Bank, account # 689116233 which is currently held in the names of Husband and Wife's parents, James P. and Donna C. Delbridge with an approximate balance of Twenty Four Thousand Dollars ($24,000). The parties agree that James P. and Donna C. Delbridge took out a line of credit at Sovereign Bank, and allowed Husband and Wife to use funds from this line of credit during their marriage to assist with various expenses. As part of the distribution of the estate, 9 Wife shall be solely liable for repayment of the entirety of the current balance of the obligation, and Wife shall execute the attached promissory note showing Wife's sole responsibility for repayment of this obligation, a true and correct copy of which is attached hereto as Exhibit "A." Wife shall indemnify and hold Husband and his property harmless from any and all of her debts, obligations and liabilities under this Agreement that are her responsibility. (2) In addition to those debts identified elsewhere in this Agreement, Husband shall be solely liable for repayment of all debts in his name alone, including, but not limited to, his Citibank AT&T Visa, the debt balance of which was approximately $18,000.00 at the time of the parties' separation. Husband shall indemnify and hold Wife and her property harmless from any and all the debts, obligations and liabilities under this Agreement that are his sole responsibility. (k) 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 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. (1) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against 10 any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorneys' fees incurred by Wife in connection therewith. (m) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorneys' fees incurred by Husband in connection therewith. (n) Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys' fees, incurred in the event of breach hereof. 6. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any 11 rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 7. TAX MATTERS. The parties agree that for the current tax year and all tax years to come, the parties will file separate returns. In the event that any tax liability is owed as a result of past joint tax filings, the parties shall share responsibility for payment of said tax and any and all costs or expenses associated therewith equally. 8. DEPENDENCY EXEMPTIONS. The parties agree, that so long as the parties share custody of Hayden equally, they will alternate claiming the dependency exemption for Hayden. Husband shall be entitled to claim Hayden as a dependent for all even tax years, Wife shall be entitled to claim Hayden as a dependent for all odd tax years. 9. MEDICAL INSURANCE COVERAGE FOR PARTIES. The parties currently provide medical insurance coverage for their respective selves, and shall continue to do so. From the time of execution of this Agreement forward, neither party shall be responsible for providing or paying for medical insurance coverage of the other. 10. COUNSEL FEES COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 11. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waive all rights of inheritance in the estate of the other, any right to elect to take against the will 12 or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 12. 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, pensions 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 post-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. 13. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, 13 renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or 14 obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, courtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 14. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of two (2) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 15. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 16. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 15 17. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 18. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 19. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: James D. Delbridge 37 Willow Way Drive Enola, Pennsylvania 17025 and to Wife, if made or addressed to the following: Julie A. Delbridge 217 South Harrison Street Palmyra, Pennsylvania 17078 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 20. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 16 21. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 22. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 23. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 24. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 25. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 17 26. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 27. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 28. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 18 IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of r James D. Delbridge lie A. Delbridge 19 their acknowledgments. COMMONWEALTH OF PENNSYLVANIA COUNTY OF c•? 1n % ?-. BEFORE ME, the undersigned authority, on this day personally appeared JAMES D. DELBRIDGE, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Vt day of -u hk '2011. 1 VLA 0 - VA44? Notary Public inland for Commonwealth of Pennsylvania Typed or printed name of Notary: To LAV-.C' r" C u C . My commission expires: COMMOMAITH OF PENNSYLVANIA NOTARIAL SEAL CITY OF A?RRISB RGI, N DAUPHIN PUBLIC UNIT Y C MMI SION EXPIRES APRIL 28 202 20 COMMONWEALTH OF PENNSYLVANIA ?l COUNTY OF DO-U BEFORE ME, the undersigned authority, on this day personally appeared JULIE A. DELBRIDGE, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2-4--Lday of % I ur1( '-) 2011. ?btn?sl- Not ry Public k and for 'brW C Aimonwealth ennsylvania Typed or printed name of Notary: ?j u((C A F-C A:?14h My commission expires: NW A OF PENNSYLVANIA Notarial Seal ]ulle A. Fawbush, Notary Public Susquehanna Twp., Dauphin County My Commission Expires Jan. 21, 2014 Member, Penns*ania Association of Notaries 21 A I r A EXHIBIT "A" UNSECURED PROMISSORY NOTE The undersigned, Julie Ann Delbridge ("Borrower"), hereby acknowledges herself indebted to James P. and Donna C. Delbridge ("Lenders"), for money received prior to the date of execution of this promissory note. The Lenders obligated themselves on a line of credit, account no. 689116233, at Sovereign Bank, the current balance of which is for money received by the Borrower, on the promise that the Borrower would be solely responsible for repayment of this line of credit directly to Sovereign Bank under the terms and conditions of this line of credit. The Borrower must make all minimum payments when due, and shall be fully obligated for repayment of this line of credit as if she were the original obligor. In the event that the Lenders so require for whatever reason, the Borrower shall pay off the remaining principal of this line of credit within sixty (60) days of written demand. In the event of default by Borrow in payment of any amount of principal or interest or other fees or expenses under this Promissory Note, the entire remaining principal sum and all interest accrued shall, at the option of the Lender, become immediately due and payable without notice or demand. The Borrower shall indemnify and defend Lenders against any liability for this line of credit and shall reimburse the Lenders for any attorney fees incurred in the event of a default of the Borrower. The Lender may assign all of its right, title, and interest in, to and under this Promissory Note. All payments required to be made hereunder shall be made by the Borrower without any right of set off or counterclaim. Date: J ie A. Delbridge, Burrower Date: Delbridge, Lender Date: Delbridge, Lender JULIE DELBRIDGE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW C") .. DIVORCE 2;v r- D ? p o JAMES DELBRIDGE t f Defendant NO. 10-2465 Civil Term a-r r. A o terr AFFIDAVIT OF CONSENT ? Q 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 14, 2010. 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: ie Delbn ge J Plaintiff JULIE DELBRIDGE, Plaintiff, VS. JAMES DELBRIDGE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVALZA' CIVIL ACTION - LAW z°M Z DIVORCE c i?D cv ? CO C-) -4(n • ^^ ?V Dn MW = =-n C:) -r,, NO. 10-2465 Civil Term K-C) , -_.. o C-: v ? CO .: 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: ?,? J J ie Delbridge Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JULIE A. DELBRIDGE, Plaintiff ) NO. 2010-2465 V. ) 'v3 rnCD C_ JAMES D. DELBRIDGE, ) CIVIL ACTION - LAW (n n Defendant ) IN DIVORCE ?-- N c10 o o ) Z-n s = i,c ? o c?C-1 n DEFENDANT'S AFFIDAVIT OF CONSENT ` -< -. t .:. 1. A complaint in divorce under §3301(c) of the Divorce Code was fil ed on April 14, 2010. 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 in divorce after service of no tice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 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. 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 above 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: -- afhes D. elbri ge, D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JULIE A. DELBRIDGE, C7 O _ k=r -; Plaintiff NO. 2010-2465°° ?-- `' z ?.., V. r 00 70 t mom C,- ' JAMES D. DELBRIDGE, ) CIVIL ACTION - LAW =C) Defendant ) IN DIVORCE ?''? co PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service accepted by certified mail on April 26, 2010; Affidavit of Service filed on: May 5, 2010. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff, June 24, 2011; by defendant, June 27, 2011. 4. Related claims pending: All claims resolved by Marital Settlement Agreement dated June 27, 2011. No related claims pending. 5. Date Plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: contemporaneously herewith; date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: contemporaneously herewith. Date: &--, ( " t? - Les4 . Bdam, Esquire HOW T, KISSINGER & HOLST, P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, James D. Delbridge IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA Julie A. Delbridge V. James D. Delbridge DIVORCE DECREE C?* 4 ;c* AND NOW, a , it is ordered and decreed that Julie A. Del ridge , plaintiff, and James D. Delbridge , 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. B Court, NO. 2010-2465 Attes J. Prothonotary /;, t CG/ ?:t# Ytrill?G? '?