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HomeMy WebLinkAbout04-6470 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~AVID W. LOVE, v. ; NO. 0 4-f.pL17 0 CIVIL TERM ~EBORAH L. LOVE, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the :ollowing pages, you must take prompt action. You are warned that if you fail to do so, the case :nay proceed without you and a decree of divorce or annulment may be entered against you by -:he Court. A judgment may also be entered against you for any other claim or relief requested in -hese papers by the Plaintiff. You may lose money or property or other rights important to you. ~ncluding custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, ,OU may request that the court require you and your spouse to attend marriage counseling prior -:0 a divorce decree being handed down by the court. A list of marriage counselors is available in -he Office of the Prothonotary at the Cumberland County Court House, Carlisle. Y Oll are advised that this list is kept as a convenience to you and you are not bound to choose a counselor Tom the list. All necessary arrangements and the cost of counseling sessions are to be borne by rou and your spouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, ~A WYER'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 LA WYER AT ONCE. IF YOU DO ~OT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE )FFICE SET FORTH BELOW WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER & BRENNEMAN, P.C. LAW OFFICES SNELBAKER a: BRENNEMAN By: (I;~ Attorneys for Plaintiff L.AW OFFICES SNELBAKER a BRENNEMAN JA VID W. LOVE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. CIVIL TERM )EBORAH L. LOVE, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. Plaintiff David W. Love is an adult individual residing at 5507 Bearcreek Drive, \1echanicsburg, Cumberland County, Pennsylvania. 2. Defendant Deborah L. Love is an adult individual residing at 2032 W. Carson Valley load, Duncansville, Blair County, Pennsylvania. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of ?ennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on February 14,2004 in 3lair County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties _1ereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4, above. 6. Neither party is a member of the armed forces of the United States of America. 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage ')etween the parties hereto is irretrievably broken. LAW OFFICES SNELBAKER a BRENNEMAN 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have -:he right to request that the Court require the parties to participate in counseling. 9, All economic issues have been resolved between the parties have been resolved .::mrsuant to the terms of a written Post-Nuptial Agreement dated December 21,2004. 10. The Plaintiff requests this Court to enter a Decree of Divorce. WHEREFORE, Plaintiff David W. Love requests this Court to enter a Decree of Divorce, iivorcing the Plaintiff and Defendant from the bonds of matrimony. SNELBAKER & BRENNEMAN, P.C. I~ Date: December 27, 2004 By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorneys for Plaintiff David W. Love -2- L.AW OFFICES SNELBAKER 8: BRENNEMAN VERIFICA nON I verify that the statements made in the foregoing Complaint 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. Q David W. Love Date: December 27. 2004 :::> LAW OFFICES SNELBAKER 8< BRENNEMAN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID W. LOVE, v. : NO. DEBORAH L. LOVE, Defendant CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDA VIT DAVID W. LOVE being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904 relating to unsworn falsification to authoriti . -...... Date: December 27, 2004 '~ ove, Plaintiff :t h -".. ."-- \ I () c.'J " " III - ., ~t I ~ -) t5: .-- \1- _:'r .' '-~. :J .. ..) c) to- '} (.J c...... <;: ~ E v C....,J. c-.3 <1J~ \.l} <.- ~ o OeD \t) 2\1) - .:f<:lr~ . c- . ~-'O}rl o ~ a..... OJ. LAW OFFlCES SNELBAKER & BRENNEMAN II 'i DAVID W. LOVE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 04-6470 CIVIL DEBORAH L. LOVE, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDA VII OF SERVICE COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND ) Keith 0, Brenneman, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of Snelbaker & Brenneman, P. C., being the attorneys for David W. Love, Plaintiff in the above captioned action in divorce; that on December 28, 2004 he did send to Defendant Deborah L. Love by certified mail, return receipt requested, restricted delivery, a duly certified copy ofthe Divorce Complaint which was filed in the above captioned action as evidenced by the attached cover letter of the' Sanle date and Receipt for Certified Mail No. 7003 101000008131 1651; that both the Complaint and cover letter were duly received by Defendant Deborah L. Love as evidenced by the return receipt card for said certified mail dated January 7, 2005; that a copy of the aforementioned cover letter dated December 28,2004 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for Certified Mail and the Domestic Return Receipt ar,~ attached hereto and incorporated by reference herein as "Exhibit B"; and that the foregoing facts are true and correct to the best of his LAW OFFICES SNEL8AKER & BRENNEMAN II knowledge, information and belief. Sworn to and subscribed before me this II th day ofJanuary 2005. ;( I , Notary Public COMMONWEALTH OF PENNSYLVANIA S Notarial Seal MechanlJSan L. Matrazi, NoIaJy Public My ~ Boro, CumbettandCoonty Membe p E"Pims Nov. 24,2()(l7 r, ennsylvania ASSOcIatIon Of Notaries JJVu1/Yl- Keith O. Brenneman -2- ., ' . , SNELBAKER (6 BRENNEMAN, P.c. ^ PR.OfESSIONAL CORPORATI()N ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG. PENNSYLV,\NIA 17055 RICHARD C. SNEL.BAK:ER KEITH O. BRENNEMAN 717.697-8528 P. O. BOX 318 FACSIMILE (717) 697.7681 December 28, 2004 Deborah 1. Love 2032 W. Carson Valley Road Duncansville, PA 16635 Re: Love v. Love No. 2004-6470, Divorce, Cumberland County, Pennsylvania Dear Ms. Love: Enclosed please find a certified copy of a Divorce Complaint, the original of which was filed December 27,2004 with the Prothonotary.. Yours truly, Keith O. Brenneman KOB/sm Enclosure CC: David W. Love (w/enclosure) By certified mail, return receipt requested, restricted delivery, parcel No. 7003 1010 0000 8131 1651 EXHIBIT A LAW OF'FICeS $NELBAKER 8< JRENNEMAN II I .... U1 ...D .... .... m .... <<J U.S. Postal Service,,, CERTIFIED MAILM REC~IPT (domestic""Mail Only; No Insurance Co erage Provided) c:J c:J c:J c:J Certified Fee .60 2.30 1. 75 ,.~"'~ A~"',:',}-}; '.. ' "".r-~.., ,"..' I. . :.' \. tmark , r!~ Retom Reciept Fee (Endorsement Required) t:] Restricted DelIVery Fee .....=I (Endorsement RequIred) c:J .... --, c / 3.50 $ '1, 16 "';i~ " Total Postage & Fees --. m CJ ent 0 o 1'- Deborah Love .=.,.................._______...___________..___.......m____mm....m.___..m.. o,_'~'N~; 3032 W. Carson Valley Road or PO Bax No. . ciii..s;,;i.;2y,;;4ilu=lltlsvi:tt-e-~...1"A....-1"6635-......--.--.-... PS Form 3800 Jun~ 2002 See R verse for Instructions 2.Jirt\\lilIl!i!.l~'.. ~~__ 7003 1010 0000 8],31 lb51 li>sliYrIri:ja1il~~*l1dlllt(~1 l! I III I HII 102596-1J2..M-1540 EXHIBIT B l'''~.) ~") c...r--' t::) -n .-1 --c '--- '''''- ~ "~ -n (..., tf _1 L.AW OF"FICES SNELBAKER & BRENNEMAN, P.C. AVIDW.LOVE, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 04-6470 CIVIL TERM EBORAH L. LOVE, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE I. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on December 21,2004. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I 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. S 4904, relating to unsworn falsification to authorities. Date: April 13, 2005 .' ' c:;,.c;(----.-.,.-c:"...-..-- -......."'.... David W. Love, Plaintiff "", <::::) (-, ~~:,~ -^il _.._1 hl (/) (.11 _1 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. AVID W. LOVE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 04-6470 CIVIL TERM EBORAH 1. LOVE, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. I consent to the entry 0f a final decree of divorce willIout notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's ees, 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 d that a copy of the decree will be sent to me immediately after it is filed with the rothonotary. 4. I verify that the statements made in this affidavit are true and correct. I understand hat false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to nsworn falsification to authorities. '~--'-"--""" .-') ate: April 13, 2005 ~ .( - -..::....::.... David W. Love, Plaintiff "~:J ,,;--~) /") '>'(\ ....- ~. ~'1' ,~ "~;< d'. -~, pA VID W. LOVE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-6470 CIVIL TERM pEBORAH L. LOVE, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE I. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on .'1"""""" '), ')"",1 ___........l;lJ...U.....i ~.l, ~vV--t. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) ays have elapsed from the date of the 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 equest entry ofthe decree. 4. 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. S 4904, relating to unsworn falsification to authorities. Date: April 13, 2005 ~ IlII-iAI li~:/<- ! Deborah L. Love, Detendant LAW OFFICES SNELBAKER & BRENNEMAN, P.c. ,..,~"I r, ~j ~'n CJ' """':.". -. -'...1 :;;.G - x:- ..e (,.n -, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AVIDW.LOVE, v. NO. 04-6470 CIVIL TERM EBORAH L. LOVE, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) 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 property, lawyer's fees, or expenses in 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 . 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penal1ies of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: April 13, 2005 ;; ") 4jjJ~1?lL ~.A't?- . Deborah L. Love, Defendant LAW OFF="ICES SNELBAKER & BRENNEMAN, P.C. r-> ...-~ ~:s -r'...n ~; ..,.".J [:~ ....0 en .....J POST-NUPTIAL AGREEMENT r THIS AGREEMENT made and entered into this ;/'" day of ~ , 2004 by and between: DEBORAH L. LOVE, of2032 W. Carson Valley Road, Duncansville, Blair County, Pennsylvania party of the first part, hereinafter called "Wife", AND DAVID W. LOVE, of5507 Bearcreek Drive, Mechanicsburg, Cumberland County, PeIlIlSylvania, party of the second part, hereinafter called "Husband"; WITNESSETH: WHEREAS, Husband and Wife were married to each other on February 14,2004 in Blair County, PeIlIlSylvania; and WHEREAS, certain differences have arisen between the parties, as a consequence of which they have separated and now live separate and apart from each other; and WHEREAS, Husband intends to commence an action in divorce in the near future in the Court of Common Pleas of Cumberland County, PeIlIlSylvania (hereinafter called "Divorce Action"); and WHEREAS, Husband is represented by Philip H. Spare, Esquire of the firm ofSnelbaker, Brenneman & Spare, P. C. ; and WHEREAS, the parties having a full opportunity to be advised of their respective rights, duties and obligations arising out of the marriage and each having a full opportunity to investigate and evaluate the assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs. NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: I. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. 2. DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION. The parties agree that the items of property set forth in "Exhibit A" are all of the assets which they acquired during their marriage and which would be the subject of equitable distribution if submitted to a court for division under the provisions of the Pennsylvania Divorce Code. The parties declare and agree that they are familiar with said assets and hereby waive the evaluation thereof, although each party declares that shelhe has had full opportunity obtain such evaluation. 3. DIVISION OF ASSETS. Upon the execution of this Agreement and except as otherwise provided, the parties agree to divide, allocate, retain and/or transfer the assets shown on "Exhibit A" as follows (the items numbers refer to the corresponding numbers on "Exhibit A"): A. ASSETS TO WIFE I. Three thousand, five hundred dollars ($3,500.00) to be paid by husband to wife in reimbursement of the total amount invested by Wife in the purchase of the residence located at 5507 Bearcreek Drive, Mechanicsburg (Hampden Township) Cumberland County, Pennsylvania; 2. Any personal household goods and lor personal property that belonged to Wife prior to the marriage that has not been previously removed from the residence at 5507 Bearcreek Drive, Mechanicsburg (Hampden Township) Cumberland County, PeIlIlsylvania. B. ASSETS TO HUSBAND 3. The real estate located at 5507 Bearcreek Drive, Mechanicsburg (Hampden Township) Cumberland County, PeIlIlsylvania; 4. Any and all household goods and/or personal property that belonged to Husband prior to the marriage. 4. MARITAL DEBT AND REAL ESTATE. The parties agree that the only marital debt is the National City Mortgage loan on residence at 5507 Bearcreek Drive, Mechanicsburg, (Hampden Township) PeIlIlSylvania in the name of Deborah 1. Love, with a principal balance of $159,225.57 as ofJuly 16, 2004. Husband agrees to assume full responsibility for full payment of the debt. Husband hereby waives and forever releases Wife of and from any responsibility for payment of this debt. Husband agrees to refinance the marital residence into his name only within two (2) years from the date of this Agreement. In the event Husband is unable to refinance the loan within the two-year period, the home shall be sold and the proceeds used to pay off the balance of the mortgage loan. The proceeds from the sale after payment of the fees and expenses associated with the transfer, ifany, shall be distributed to Husband. Husband agrees to attempt to expedite this transaction as soon as feasibly possible. Wife shall execute a deed conveying her interest in the property to Husband at the time of execution of this Agreement. Husband shall not record the deed unless and until such time as he is able to refinance the property. 5. MUTUAL CONSENT DIVORCE. It is the intention ofthe parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and that a no-fault divorce shall be granted by mutual consent of the parties. 6. POST-SEPARATION OBLIGATIONS. The parties agree that any and all obligations incurred subsequent to March 14, 2004, the date of separation, shall be the sole and separate liability and responsibility of the party incurring the obligation. Each party agrees that he/she will not incur or attempt to incur any obligations for or on behalf of the other party and will indemnifY and hold harmless the other party of and from any and all liability arising from such post- separation and/or future obligations. 7. RELEASE OF RIGHTS UNDER DIVORCE CODE. Except only as specifically provided to the contrary hereinabove in this Agreement, each party hereby waives and forever releases the other party of and from any and all claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs and expenses, except that the performance of any obligations created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 8. INDIVIDUAL PROPERTY. Except only as may be provided specifically to the contrary hereinabove, each party shall retain all property, real, personal and otherwise, which is presently titled in his or her name and ownership, whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and each party hereby expressly releases the other of and from any and all right of equitable distribution in and to said individually owned property of such other party. 9. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this Agreement. This Agreement shall not be construed to affect or bar the right of either party to an action for the enforcement or performance of this Agreement which may be instituted pursuant to the remedies available under the PeIlIlSylvania Divorce Code. 10. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post- Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modifY the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. II. COOPERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post- Nuptial Agreement, 12. VOLUNTARY EXECUTION. Each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them. ]3. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertaldngs other than those expressly set forth herein. The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to the Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 14. WAIVER. The waiver ofany term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. 15. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 16. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been used only for the purpose of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement. 17. BREACH. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 18. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power 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. 19. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be responsible for his or her own legal fees, costs and expenses, if any, incurred in connection with their separation and/or the dissolution of their marriage. 20. INDEMNIFICATION. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligatioIl'l, liability, act or omission of such party, such party will at his or her sole expeIl'le, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnifY and hold harmless the other party in respect of all damages as resulting there from. Damages as used herein shall include any claim, action, demand, loss, cost, expeIl'le, penalty, and other damage, including without limitation, COUIl'lel fees and other costs and expeIl'les reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligatioIl'l to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might cOIl'ltitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 21. MODIFICATION. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 22. SEVERABILITY. If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisioIl'l hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 23. Husband agrees to keep Wife on his employer-sponsored health insurance plan at no cost to Wife for a minimum of ninety (90) days following the filing of a divorce action. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first above written intending to legally bind themselves and their respective heirs, personal representatives and assigns. WITNESSED BY: 4~ JL (SEAL) Deborah L Love ~Cl~. '- .".-- (SEAL) ".--..- David W. Love EXHIBIT A I. Residence located at 5507 Bearcreek Drive, Mechanicsburg (Hampden Township) Cumberland County, Pennsylvania; -, '."'" ~;.', Q, ::.~ s:- ::"\J /0 ~-R U' _l ::-::2 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. DAVID W. LOVE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW DEBORAH L. LOVE, Defendant NO. 04-6470 CIVIL IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) ofthe Divorce Code. 2. Date and marmer of service of Complaint: By certified mail, return receipt requested. restricted delivery on Defendant on January 7, 2005. (See Affidavit of Service filed on January 13,2005.) 3. Date of execution ofthe Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: April 13, 2005; by the Defendant: April 13, 2005. 4. Date of execution of Waiver of Notice in Section 330I(c) Divorce: by the Plaintiff: April 13, 2005; by the Defendant: April 13, 2005. 5. Related pending claims: None. SNELBAKER & BRENNEMAN, P. C. Date: April 14, 2005 ~ By: - Attorneys for Plaintiff r-' = ,-;;..... ~:j'-l ~<:' -;,:J :; () "'y"l :~ "-,'\ 0? (..f'\ 0"0 ,.+ :+: + :+: :+: :+. :+. :+: +. :+: ;+' :+: :+. ;+' +. ,. +. :+. +. ;+' 'f :+: 'f +. 'f ;+' +. :+: +. ;+' :+. +. :+' :+: :+' :+. :+: :+' :+: +. +. :+. +. +. +. :+. +. :+: +. ;+' +. +. +. :+' +. + +. +. +. '+ + +. :+: +. .~+. +. + + +. + +. +. +. + , , + + , + + + + , + + + + + , + , + + , + + + + + + + + + + + + , + + + + + + + , + + + + + + + + + + + + + + + + + + + + + + + + + , + + + + + + + + - + + + , + + + + + - + + + + + - + - + , + - + + + + , + ~+++.++.+:+:+.+.+:+:;+;;+.~+.++++:+.+++++;+'++:+.:+:+++++.++.++.+++++.+++.++.++.++~+.++.+.++.+.+++.++.++++.+++.~ + + + + + + + + + + + + + + + + + + + + + + + + + + + . + . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . . . + . + + + + . + + + + + . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNA. STATE OF DAVID W. LOVE, No. 2004-6470 CIVIL Plaintiff VERSUS DEBORAH L. LOVE, Defendant DECREE IN DIVORCE 'HY'''11 2005 20 , IT IS ORDERED AND AND NOW, DAVID W. LOVE , PLAI ~JTI FF. DECREED THAT DEBORAH L. LOVE , DEFENDANT. AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The oarties' Post Nuptial A~TP-pmpn~ n~~pn npPiPmhiPT 71 , 700la. None. 1S incorporated but not merged into this Decree. + . . . + By THE COYRTi / + . , + + + + + + J. # t ;'1fT"" ,~~ ill ;f?' .-~' 5- if""'-" ~ _1~7 50 ,t:}: -vt,~f__d"~ ' " ~r' ;:;'~V" ,7' v-P .- -" ' :~. - . .'