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HomeMy WebLinkAbout04-5979 F \FILESIDATAFlLE\Genera!\Current\11405.! COMPLAINT Created: 11123/04 ! 1:43AM Revised. 11123/04 ! 16PM Jennifer L. Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- S'9?9 C;ui.L'-r-B1-~ CIVIL ACTION - LAW MIRIAM D. BRADLEY Plaintiff EDWIN J. J. BRADLEY, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IFYOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MIRIAM D. BRADLEY Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- S91J9 C;U~C ~~~ CIVIL ACTION - LAW EDWIN J. J. BRADLEY, Defendant IN DIVORCE DIVORCE COMPLAINT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. Plaintiff is Miriam D. Bradley, who currently resides at 614 South Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Edwin J. J. Bradley, who currently resides at 614 South Hanover Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 7, 2000, in Carlisle, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiffhas 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. 8. Plaintiff requests the Court to enter a decree of divorce. Date: ~\ \19 \a-f MARTSrtEARDORFF WILLIAMS & OTTO By t f~~j'j n ^ I) JennIfer ~. ~~s~ E:qUire Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff VERIFICA nON The foregoing Divorce Complaint is based upon information which has been gathered bymy counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Divorce Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ~.~ \ lJ. 1.Gl~ Min D. Bradley '.. "', IV i ~ (") ...., ~ 0 - C c:::> ~ ....0 ~'~~- .;:::- -n G = -I () I; C.) :r: -::: rn:o - ~ i: (~" ~~iQ V) - 0 ~ 0 ':_10 ~ ~ :r: -r'i 00 ~ ......"... ,,-')'"1 b -,.~~ ~:5f w cs ~ :;:-\ N fj 0"\ -< 1- F;\FILES\DAT AFILEIGenera1\Currenlll1405, I ,affidavit/Ide Created' 11/23/04 11;43AM Revised; 12110/04 !0:42AM 114051 Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. 87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff MIRIAM D. BRADLEY Plaintiff IN THE COURT OF COMMON PLEAS OF CUlJBERL~)COUNTY,PENNSYLV~ v. NO. 04-5979 CIVIL ACTION - LAW EDWIN J. J. BRADLEY, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTHOFPENNSYLV~ ) : SS. COUNTY OF CUlJBERLAND ) I hereby certify that a copy of the Complaint in Divorce was mailed to Defendant Edwin J. J. Bradley at 614 South Hanover Street on November 30, 2004, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed "Edwin J. J. Bradley" and dated December 1,2004. o Sworn to and subscribed before me this /6 day of Q~~ ,2OdY. tf:-bu~ Notary Public NOTARIAL SEAL VICTORIA l. OTTO, NOTARY PUBLIC CARLISLE BORO~I CUMBERLAND 2C02UONOTY6 MY COMMISSIO~ EXPIRES DEC .::r ...D CJ I"- r:O r:O ....=I ....=I U.S Postal Service CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provi ed) ce. Pft7l1C i ALL ,JJ,.S (: ,/ "" $0.60 Postage $ ',' ';;<~~'";:,''' ~"'., \. --,' '~ ," l~ po~ 'l~' ! .~~, .,' '\ '" C\.~ f :r' .' , ~'.' "~.,.'. '" ,.....'" I .....0 ,'~~ . ~/ ....=I CJ CJ Return Reclept Fee CJ (Endorsement Required) CJ Restricted Delivery Fee ....=I (Endorsement Required) CJ ....=I Total postege & Fll9S Certified Fee $ $8.15 lTl CJ CJ I"'- ~_ !L~~.~ j ,..", c::" L :~ C', I", " t - .: .l ,") -'71 ::-1 ..1. -,-, 11'1,-:;;, r'fl (~~~I (') '"( c:, C,) . F:\FILESIDATAFlLEIGeneral\CurrenIII1405.1.amendedcom Created 11/23/04 llA3AM Revised: 4/4105 4:05PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff I MIRJAM D. BRADLEY Plaintiff IN THE COURT OF COM \t!ON PLEAS OF CUMBERLAND COUNT " PENNSYLVANIA v. NO. 04-5979 CIVIL ACTION - LAW EDWIN J. J. BRADLEY, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the laims set forth in the following pages, you must take prompt action. You are warned that if you fai to do so, the case may proceed without you and a decree of divorce or annulment may be entered ag inst you by the Court. Ajudgment may also be entered against you for any other claim or reliefre uested in these papers by the Plaintiff. You may lose money or property or other rights important to 'ou, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. Upon your request, the Court ma) require you and your spouse to attend up to three sessions. A request for counseling must be ma le in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DlVIS14 N OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OF ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF TI EM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A 1 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 :;ET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION BOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OF ICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES HAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 , J enni fer 1. Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff MIRIAM D. BRADLEY Plaintiff IN THE COURT OF COM vION PLEAS OF CUMBERLAND COUNT' ,PENNSYLVANIA v. NO. 04-5979 CIVIL ACTION - LAW EDWIN J. J. BRADLEY, Defendant IN DIVORCE AMENDED DIVORCE COMPLAINT UNDER SECTION 3301 (c) AND SECTION 3301 (a )(2) OF THE DIVO RCE CODE I. Plaintiff is Miriam D. Bradley, who currently resides at 614 outh Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Edwin J. J. Bradley, who currently resides at 614 outh Hanover Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in th Commonwealth of Pennsylvania for at least six months immediately previous to the filing ofthi Complaint. 4. The Plaintiff and Defendant were married on October " 2000, in Carlisle, Pennsylvania. 5. There have been no prior actions of divorce or for annulment petween the parties. 6. The marriage is irretrievably broken. 7. Plaintiffhas been advised that counseling is available and that Dlaintiffmay have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. COUNT I 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. Defendant has committed adultery and has admitted same to Plaintiff and Defendant's family, II. This action is not collusive as defined by 93309 of the Divor e Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a dec e of divorce pursuant to 93301 (a)(2) of the Divorce Code. Date: ~ Ie; {OS By Jennife pears, Esquire Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE 1, Tricia D. Eckenroad, an authorized agent for Martson DeardorffW lliams & Otto, hereby certify that a copy of the foregoing Amended Complaint was served this date y depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed a follows: Dated.[}pW 5', ZOOs Lindsay Dare Baird, Esquire 37 South Hanover Street Carlisle, P A 17013 MARTS ON DEARDORFF W LIAMS & OTTO Icia D. Eckenroad T East High Street Carlisle, P A 17013 (717) 243-3341 ~ VERIFICATION The foregoing Amended Divorce Complaint is based upon inform tion which has been gathered by my counsel in the preparation of the lawsuit. The language oft e document is that of counsel and not my own. I have read the Amended Divorce Complaint an to the extent that the document is based upon information which I have given to my counsel, it is rue and correct to the best of my knowledge, information and belief. To the extent that the content fthe document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties ofl8 a. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I ake knowingly false averments, I may be subject to criminal penalties. ~ <"> <OJ' ",. -0 ?'J I <f1 n (; .<".~.. .....---. i~t! rT,f f1 -7 -J.\ :::;;;1' t~~ :~~=,~, >"C -, ::-.\ ...., ~- ""0 :;. Q. ~-n r" r: -em ';')9 1,_',)C.) -,~~ ::ri '()p, ~~j\ E,"\ :..<. - ., <f1 ..&> - - F.',F]LES\DATAFlLE\(i~n~ml\Cul1'Crll\114115, I ,lTlsa~/tJc Created Ili2}i1l4 1143AM RniscJ: 4/22/5 8J5am 114051 Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. 87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff MIRIAM D. BRADLEY Plaintiff IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYL ANIA v. NO. 04-5979 CIVIL ACTION - LAW EDWIN J. J. BRADLEY, Defendant IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this t<ll--<.A L , 2005, by and between EDWIN J. J. BRADLEY, of C Z'2~_l WITNESSETH: WHEREAS, the parties were married on October 7, 2000, in Carlisle, Pennsylvani WHEREAS, no children have been born of the marriage of the parties; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen b tween the parties and it is the intention of Wife and Husband to live separate and apart, and the arties hereto are desirous of settling fully and finally their respective financial and property rig ts and obligations as between each other, including, without limitation by specification: the sett ing of all matters between them in relation to the ownership and equitable distribution of re 1 and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; nd in general, the settling of any and all claims and possible claims by either party against the es ate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual pro ises, covenants and undertakings hereinafter set forth and for other good and valuable considera on, , receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wi , each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authori ,and contact by the other, as fully as though he or she were single and unmarried, except as ay be necessary to carry out the provisions of this Agreement. Neither party shall molest the 0 her or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or 'n any way harass or malign the other, nor in any way interfere with the peaceful existence, s arate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grou ds or to any defense as may be available to either party. This Agreement is not intended to co done and shall not be deemed to be a condonation on the part of either party hereto of any act acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSE~UENT DIVORCE: The parties hereby acknowledge that Wife led a Complaint in Divorce in Cumberland County, Pennsylvania on November 30, 2004, cla mg that the marriage is irretrievably broken under Section 330l(c) of the Pennsylvania Di orce Code. The parties hereby express their agreement that the marriage is irretrievably broke and will execute any and all Affidavits or other documents necessary for the parties to obta n an absolute divorce pursuant to Section 3301(c) of the Divorce Code simultaneously wit the execution of this Agreement. The parties hereby waive all rights to request court or ered counseling under the Divorce Code. It is further specifically understood and agreed b the parties that the provisions ofthis Agreement as to equitable distribution of property of the p rties are accepted by each party as a full and final settlement for all purposes whatsoeve, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties i this or any other state, country or jurisdiction, each of the parties hereby consents and agrees tha this Agreement and all of its covenants shall not be affected in any way by such separatio or divorce; and that nothing in any such decree, judgment, order or further modification or rev' ion . thereof shall alter, amend or vary any term of this Agreement, whether or not either or oth of the parties shall remarry. It is the specific intent of the parties to permit this Agree ent to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further greed, rated covenanted and stipulated that this Agreement, or the essential parts hereof, shall be inco in any decree hereinafter entered by any court of competent jurisdiction in any vorce proceedings that have been or may be instituted by the parties for the purpose of enforci contractual obligations of the parties. This agreement shall not be merged in any such dec shall in all respects survive the same and be forever binding and conclusive upon the partie . g the e but 5. EFFECTIVE DATE: The effective date of this Agreement shall be the" execution" or "execution date," defined as the date upon which it is executed by the p they have each executed this Agreement on the same date. Otherwise, the "date of executi "execution date" of this Agreement shall be defined as the date of execution by the p last executing this Agreement. 6. DISTRIBUTION DATE: The transfer of property, funds and/or docu ents provided for herein, shall only take place on the "distribution" date which shall be defined s the date of execution of this Agreement unless otherwise specified herein. However, the su port and/or alimony payments, if any, provided for in this Agreement shall take effect as set fo th in this Agreement. 7. MUTUAL RELEASE: Husband and Wife each do hereby mutually re Ise, release, quit-claim and forever discharge the other and the estate of such other, for all ti e to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or elms in or against the property (including income and gain from property hereafter accruing) 0 the other or against the estate of such other, of whatever nature and wheresoever situated, whi he or she now has or at any time hereafter may have against the other, the estate of such oth r or any part hereof, whether arising out of any former acts, contracts, engagements or liabiliti s of such other or by way of dower or courtesy, or claims in the nature of dower or courte or , widow's or widower's rights, family exemption or similar allowance, or under the intesta laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a d eased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights whic either party may have or at any time hereafter shall have for past, present or future sup or maintenance, alimony, alimony pendente lite, counsel fees, division of property, c or expenses, whether arising as a result of the marital relations or otherwise, except, all rig ts and agreements and obligations of whatsoever nature arising or which may arise und this Agreement or for the breach of any provisions thereof. It is the intention of Husband an Wife to give each other by the execution of this Agreement a full, complete and general releas with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreemen and obligations of whatsoever nature arising or which may arise under this Agreement or r the breach of any provision thereof. It is further agreed that this Agreement shall be and const ute a full and final resolution of any and all claims which each of the parties may have again t the other for equitable division of property, alimony, counsel fees and expenses, alimony pe ente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws f any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agreeme t and their legal effect has been fully explained to the parties by their respective counsel, Jenni er L. Spears, Esquire, counsel for Wife and Lindsay Dare Baird, Esquire, counsel for Husband. The parties acknowledge that each has received independent legal advice from coun el of his or her own selection, that each has fully disclosed his or her respective financial situati s to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, ea ings and income of the other, and that each has been fully informed as to his or her legal right and obligations. Each of the parties acknowledges and agrees that, after having received such a vice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equit ble, that it is being entered into freely, voluntarily, and in good faith and that the execution 0 this agreement is not the result of any duress, undue influence, coercion, collusion and/or i or illegal agreement. The parties further acknowledge that they have each made to the full and complete disclosure of their respective assets, estate, liabilities, and sources of and that they waive any specific enumeration thereof for the purposes of this agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party rep esents that they have not heretofore incurred or contracted for any debt or liability or obligat on for which the estate of the other party may be responsible or liable except as may be provide for in this Agreement. Each party agrees to indemnify and hold the other party harmless fr and against any and all such debts, liabilities or obligations of every kind which may have her tofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth n this Agreement, neither of them shall hereafter incur any liability whatsoever for which the es ate of the other may be liable. Each party shall indemnify and hold harmless the other party fro and against any and all debts, charges and liabilities incurred by the other after the execution ate of this Agreement, except as may be otherwise specifically provided for by the terms f this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the arties have divided between them, to their mutual satisfaction, the personal effects, household fu iture and furnishings, and all other articles of personal property which have heretofore been u d by them in common, and neither party will make any claim to any such items which are now 'n the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounc sand forever abandons whatever claims he or she may have with respect to any personal pr perty which is in the possession of the other, and which shall become the sole and separate prop y of the other from the date of execution hereof. , 12. DIVISION OF REAL PROPERTY: Simultaneously with the execution of this Agreement, Husband shall execute a deed prepared by counsel lor Wife conveying all of his interest in, right and title to the parties' marital residence at 614 South Hanover Street, C r1isle, Cumberland, Pennsylvania, to Wife. From the date of the deed, Wife shall be the sole 0 ner of the property. Wife shall remain solely responsible for any and all mortgage payments, taxes, utilities, insurance premiums, or other liabilities relating to said property. Wife shall re nance the mortgage or otherwise obtain Husband's release from liability on the mortgage withi sixty (60) days of this Agreement. Wife shall pay Husband $7,000.00 simultaneously wi h the execution of this Agreement in return for which Husband agrees to vacate the marital res dence by 7:00 p.m., April 24, 2005, Thereafter, the amount Wife will pay Husband will decre se by $500.00 for each day that Husband remains in the marital residence after April 24, 2005. nder all circumstances, Husband must be out of the marital residence by May I, 2005 and he fi rfeits all sums due to him under this section if he is not out altogether by that date. 13. BANK ACCOUNTS CERTIFICATES OF DEPOSIT AND IFE INSURANCE: Husband and Wife acknowledge that all joint bank accounts have been losed and divided to their mutual satisfaction. They hereby agree that each shall become sole 0 er of their individual bank accounts, certificates of deposit and life insurance policies, and the each hereby waive any interest in, or claim to, any funds held by the other in any bank acc unts, certificates of deposit and the cash value of the other's life insurance policies. 14. MOTOR VEHICLES: Husband and Wife agree that each will retai the vehicle in their possession as their own property and shall indemnify the other as t any liabilities, maintenance and insurance payments regarding their respective vehicles. The p rties agree to execute any necessary documents to transfer title to their respective vehicles. 'Hu and shall immediately obtain his own auto insurance and take all necessary steps to ensure hi car payments are not withdrawn or debited from Wife's account. Husband shall also remove ife's name from liability on his car loan within ten (10) days from the date of this Agreement. 15. AFTER-ACOUlRED PROPERTY: Each of the parties shall hereafter wn and enjoy, independently of any claim or right of the other, all items of property, be they eal. personal or mixed, tangible or intangible, which are hereafter acquired by him or her, 'th full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 16. INCOME TAX: Husband and Wife have filed separate tax returns for he tax year 2004. Both parties agree that in the event any deficiency in Federal, State or local ncome tax is proposed, or any assessment of any such tax is made against either of them, ea h will indemnify and hold harmless the other from and against any loss or liability for any s ch tax deficiency or assessment and any interest, penalty and expense incurred in connection the ewith. Such tax, interest, penalty or expense shall be pajd solely and entirely by the individual ho is finally determined to be the cause of the misrepresentations or failures to disclose the nat re and extent of his or her separate income on the aforesaid joint returns. Wife shall be entitled t claim all mortgage interest for 2004 and 2005. 17. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant 0 this Agreement shall be within the scope and applicability of the Deficit Reduction Act 0 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the trans ers of property between spouses and former spouses. The parties agree to sign and cause to filed any elections or other documents required by the Internal Revenue Service to render t e Act applicable to the transfers set forth in this Agreement without recognition of gain 0 such transfer and subject to the carry-over basis provisions of said Act. 18. WAIVER OF ALIMONY: Except as othelWise provided herein, Husba d and Wife recognize and acknowledge that the foregoing provisions for their individual ben fit are satisfactory with regard to support and maintenance, past, present and future. The parties elease and discharge the other absolutely and forever for the rest of their lives for all clai sand demands, past, present or future, for alimony, alimony pendente lite or for any provisi ns for support and maintenance. The parties further acknowledge that in consideration of the tr nsfers made herein, each completely waives and relinquishes any and all claims and/or deman s they may now have or hereafter have against the other for alimony, alimony pendente lite, s ousal support, counsel fees and court costs, except for alimony pendente lite or spousal s pport payable by Husband to Wife prior to the date of execution of this Agreement. 19. PENSIONS! RETIREMENT! INVESTMENT ACCOUNTS: Each pa y will retain the retirement accounts in their respective names. 20. MARIT AL DEBT: Except as provided herein, all marital debt has been p id off or divided to mutual satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands suits, actions or liabilities relating to or nsmg out of any debt in that party's name. Specifically, each party has credit cards in their own ames with approximate balances totaling $14,000.00 each. Husband must remove Wife's nam from all liability on his car loan within ten (l0) days of the execution of this Agreement, nd is responsible for all loan payments due on or after April 21, 2005. 21. HEALTH INSURANCE: Each party IS responsible for their own ealth insurance and uninsured medical expenses. 22. EFFECT OF DIVORCE DECREE: The parties agree that, exce t as otherwise specifically provided herein, this Agreement shall continue in full force and ffect after such time as a final Decree in Divorce may be entered with respect to the parties. 23. BREACH: If either party breaches any provision of this Agreement, the ther 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, and the party breaching this co tract shall be responsible for payment of reasonable legal fees and costs incurred by the ot r m enforcing their rights under this Agreement. 24. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes an and all rights he or she shall now have or hereafter acquire, under the present and future laws 0 any jurisdiction, to share in the property or the estate of the other as a result of the m rital relationship. including without limitation, dower, courtesy, statutory allowance, wid w's allowance, right to take in intestacy, right to take against the Will of the other, and the rig t to , act as administrator or executor of the other's estate, and each will, at the request of th other, execute, acknowledge and deliver any and all instruments which may be necessary or ad isable to carry into effect this mutual waiver and relinquishment of such interests, rights and clai s. 25. ENTIRE AGREEMENT: This Agreement contains the entire understan ing of the parties and there are no representations, warranties, covenants or undertakings oth than those expressly set forth herein. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be bindi g on and shall inure to the benefits of the parties hereto and their respective heirs, exe tors, administrators, successors and assigns. 27. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all f1 rther instruments that may be reasonably required to give full force and effect to the provisions this Agreement. 28. VOID CLAUSES: If any term, condition, clause or provision of this Agree ent shall be determined or declared to be void or invalid in law or otherwise, then only that erm, condition, clause or provision shall be stricken from this Agreement and in all other respect this Agreement shall be valid and continue in full force, effect and operation. 29. INDEPENDENT SEPARATE COVENANTS: It is specifically under ood and agreed by and between the parties hereto that each paragraph hereof shall be deemed t be separate and independent Agreement. 30. FINANCIAL DISCLOSURE: The parties confirm that they have relied 0 the completeness and substantial accuracy of the financial disclosure of the other as an induce ent to the execution of this Agreement. 31. MODIFICATION AND WAIVER: A modification or waiver of any 0 the provisions of this Agreement shall be effective only if made in writing and executed with the same fOIDlality as this Agreement. The failure of either party to insist upon strict perform nce of any of the provisions of this Agreement shall not be construed as a waiver of any subs quent defaults of the same or similar nature. 32. DESCRIPTIVE HEADINGS: The descriptive headings used herein re for convenience only. They shall have no affect whatsoever in determining the rights or obli ations of the parties. 33. APPLI CABLE LAW: This Agreement shall be construed under the laws f the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 a d any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the da and year first above written. ()., , ./'.<-k-' ~.~(2~ EDWIN . BRAD Y L~a~d}t7 MI AM D. DLEY (SE ) (SE L) COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND On this, .JJAtI day of ~I / ,2005 before me a Notary Public, per onally appeared EDWIN J. J. BRADLEY, known to me to be the person whose name is subscr bed to the within Marriage Settlement Agreement and acknowledged that he executed the same or the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (- t'vlcl.t10 ( ;{j tary Public, Notarial Seal [Jr1dsay 0 Baird. Notary Public Carlisle Boro, Cumbertand Coun My Commission Expires Oct. 21, 2 06 Member. Pennsylvania Association Of N taries COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND . On this, the,J;l"{day of + L , 2005 before me, a Notary Public, pers nally appeared MIRIAM D. BRADLEY, k1i.own to me to be the person whose name is subscri ed to the within Marriage Settlement Agreement and acknowledged that she executed the same f r the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ad official seal. glAtt Notary Public NOTARIAL SEAL VICTORIA L. ono, NOTARY PUBLIC CARLISLE BORO. CUMBERLAND COUNTY MY COMMISSION EXPIRES DEC, 2 2006 (") ....> ~ c,~ ~'~ c;..:.> (:"...""1 T.'''' -' -,;", r~1 -:'1 :;:0 ," " r--.' -:s (~} v' () () .:J :~~ , , --<... ~--- \ C;.) ,\ ~r::v en :0 - -< .......- F:\FlLES\DAT AJILE\GenerallCulTentll1269 1 ,consent/tde Revised, 4/22/5 \(',(3am 1]4051 Jennifer L. Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO LD. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MIRIAM D. BRADLEY Plaintiff IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYLV IA v. NO. 04-5979 CIVIL ACTION - LAW EDWIN J. J. BRADLEY, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 9 3301(c) of the Divorce Code was fil d on November 30, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninet 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 noti e of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understan that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904 relati g to unsworn falsification to authorities. Date: Nft,"1- 2>:::/ :;:>j:JO~- ~ ~ ~ ?V rv t..f') t~'~ =2. """ "-' --.. ~ ..... :~ -T~ \l's:-. -cJ ',,....-, ~\}j~:~!: 1 -::~~ ':'~:~_,\'-6, ::.~.\ - 9 ~'~2 <..11 ~-...) Jennifer L. Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO LD. 87445 10 East High Street Carlisle, PAl 7013 (717) 243-3341 Attorneys for Plaintiff MIRIAM D. BRADLEY Plaintiff IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYLV NIA v. NO. 04-5979 CIVIL ACTION - LAW EDWIN J. J. BRADLEY, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) AND & 3301 (d) OF THE DIVORCE CODE I. 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 pro erty, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I-understand that I will not be divorced until a divorce decree is entered b the Court and that a copy of the decree will be sent to me immediately after it is filed wit the prothonotary. I verify that the statements made in this waiver are true and correct. I understan that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relati g to unsworn falsification to authorities. Date: NfA.L 22, 2(YJ.\- L ~ "" V' ~ -j0 1'-) ()\ "'\.."..... '0:: -'" i:? ("'..... -- ------- MIRIAM D. BRADLEY, Plaintiff : IN THE COURT OF COMMON PLEAS F : CUMBERLAND COUNTY, PENNSYL V NIA v : NO. 04-5979 CIVIL TERM EDWIN J. J. BRADLEY, Defendant . IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVOR E DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was fi d on November 30, 2004. 2. Defendant acknowledged receipt and accepted service of the Complaint n December 1, 2004. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ni ty days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. I understand that I may lose rights concerning alimony, division of prope lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. I understand that I will not be divorced until a divorce Decree is entered b the Court and that a copy of the Decree will be sent to me immediately after it is filed w h the Prothonotary. 7. I have been advised of the availability of marriage counseling and underst nd that I may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Oo/.2~~PS E~.'B~~Defendant n c f"'_) ;:~?, c.n " ~~ :;:;. (-} -Tl -::1 1'.;' (,). ~~, C;'\ F:\F1LES\DATAF1LE\General\CuITeTIt\114051.pra Created: 11123/04 11A3AM Revised: 4/25105 2:41PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. 87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff MIRIAM D. BRADLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V IA v. NO. 04-5979 CNIL ACTION - LAW EDWIN 1. J. BRADLEY, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for ent of a divorce decree: I. Ground for divorce: irretrievable breakdown under Section 3301(c) ofthe vorce Code. 2. Date and manner of service of the complaint: Via certified mail, restricted d livery on December I, 2004. 3. Date of execution of the Plaintiffs affidavit of consent required by Section 3 01 (c) of the Divorce Code; April 22, 2005; by the Defendant; Apri122, 2005. 4. Related claims pending: All claims have been settled by a Marital Set ement Agreement dated April 22, 2005. 5. Date Plaintiffs Waiver of Notice III 93301(c) Divorce was filed w th the Prothonotary: April 25, 2005. Date Defendant's Waiver of Notice III 93301(c) Divorce was filed Prothonotary: April 25, 2005. MARTSO D ARDORFF WILLIAMS & TO Date: April 25, 2005 By Jenn fer . pears, Esquire Ten Eas High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff "'-> '= C) ~:;:; -'1 ,~v Cj'f =2 S:,-' <::::> - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. .. . ~:f. Of.;f. Of ";:f.;t;;j.;:t:+;ti ~~;+:~~~~~~~+.+++++++~++'f+++'+++++'+++'++ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ++++++~+++++++.+++~ Of."';f. +. 'I';+: +. +. Of. +. +:f.'f'f.'f n IN THE COURT OF COMMON PLEAS . OFCUMBERLANDCOUNTY STATE OF MIRIAM D. BRADLEY Plaintiff No. VERSUS EDWIN J. J. BRADLEY AND NOW, DECREED THAT AND Defendant DECREE IN DIVORCE ~;\ 2-"g MIRIAM D. BRADLEY EDWIN J. J. BRADLEY ARE DIVORCED FROM THE BONDS OF MATRIMONY. PENNA. 04-5979 .700.<.. , IT IS ORDERED AND , PLAI NTI FF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE YET BEEN E'NTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT The Marital Settlement Agreement dated April ZZ, ZOOS, is hereby into this Decree, but not merged herein. ... :f' +. Of:+ ... . . By THE COURT: Ii PROTHONOTARY :+'I':+++.+'f+++'+' ++++.+++.++++++++++++++++++ J. ,r m:';/: , (Y'wf)II;'J fr!P . '. /1 /7/)"'/11/ fz~/ /" ~' . j-I4tJ ~-r7;yYV rit' rJ I ,/ . . .. , .' . ...; , , Tn;:.)[;/.' ,y77] r it '7) c> '7'" C' c; - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V Al\'1A JJ1 \'r-;om b .' bred) e.;:+ Plaintiff Vs FileNo. OLJ ,sq 7-CI IN DIVORCE WuJl n J. J. f}rcW Ie~ Defendaii{ NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff I defendant in the above matter, [select one by marking "x"] _ prior to the entry of a Final Decree in Divorce, or i after the entry of a Final Decree in Divorce dated L.I -;) g - 05 , hereby elects to resume the prior surname of 1h n n f', I I , and gives this written notice avowing his I her intention pursuant t the pr 'sions of 54 P.S. 704. Date: 12 - 2.C1 '0"5 COMMONWE.t)+,TH OF PENNSYLVANIA ) COUNTY OF ('--(I t'^1J,.Adi\.,( On the .d!i- day of LJ U r uv..iur , 20Ql, before me, the Prothonotary or the notary public, personally appeared the above affiant lmown to me to be the person whose name is subscribed to the within document and acknowledged that he I she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. , ~~ . C~-1i~, ,',' .JiliooomY:~ -~ PI-l Oy ~ ~ )~ /3f7J-3 ~ -!q r-') 0 c:;::l :'l C;,.:' -n <.;.)1 ~ ..~. C.J ~ rn - ,,) -.) N ~ \.f..) -cJ \) r ('i r- ....0 ~ """'~ r