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HomeMy WebLinkAbout05-5779 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MINDY S. DOLBIN, v. NO. {)5- _577<<1 CIVIL TERM DAVID E. DOLBIN, 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 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 divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. 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 LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE 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. '1!1Z/b1-____ By: LAW OFFICES SNELBAKER & BRENNEMAN. P.c. Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05"';:;77 ') CIVIL TERM MINDY S. DOLBIN, v. DAVID E. DOLBIN, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT I. Plaintiff Mindy S. Dolbin is an adult individual residing at 1116 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant David E. Dolbin is an adult individual residing at 1116 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Both Plaintiff and Defendant have been bona fide residen1s of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing ofthis Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on April 7, 2001 in Summerdale, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto 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 between the parties hereto is irretrievably broken. LAW OFFICES SNELBAKER & BRENNEMAN. P.c. 8. The 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. 9. The Plaintiff requests this Court to enter a decree of divorce. WHEREFORE, the Plaintiff requests this Court to: (a) enter a decree of divorce, divorcing the Plaintifffrom the bonds of matrimony; and (b) order such other relief as this Court deems just and reasonable. SNELBAKER, & BRENNEMAN, P.c. ,~ Date: November 7, 2005 By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff Mindy S. Dolbin -2- LAW OFFICES SNELBAKER & BRENNEMAN, P.c. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. VERIFICATION 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. Date: November 7 2005 , r f(~\ . mdy S. Dolbin Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MINDY S. DOLBIN, v. NO. t>j'. 577 'I CIVIL TERM DAVID E. DOLBIN, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT MINDY S. IJOLB1N bemg 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 . n 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. S 4904 relating to unsworn falsification to authorities. ate: November 7, 2005 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. \, ~. " '0 '<: ~ ....... --J \) ~ w --- '- ~. '-. :..f\\ \.!' ,~ \ ~ ~~ \0, ~ \_0 ,~ \,. ~- " ~.. ~. ~ r ~~ o c-_~ l ....., C:':l (:.;;:) lC...n o -n .-1 :'..~ ~:..''::...:~-. S~ .---. 1 -' '-,"- =~ - ~'? --..l MINDY S. DOLBIN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 05-5779 CIVIL DAVID E. DOLBIN, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDA VII OF SERVICE COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND ) Keith O. 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 Mindy S. Dolbin, Plaintiff in the above captioned action in divorce; that on November 7, 2005 he did send to Defendant David E. Dolbin by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Divorce Complaint which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. 7003 1010 0000 8131 0029; that both the Complaint and cover letter were duly received by Defendant David E. Dolbin as evidenced by the return receipt card for said certified mail dated November 12,2005; that a copy of the aforementioned cover letter dated November 7, 2005 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for Certified Mail and the Domestic Return Receipt are 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 SNELBAKER & BRENNEMAN, P,C. LAW OFFICES SNELBAKER & BRENNEMAN. P.C. owledge, information and belief. worn to and subscribed before me his 15th day of November, 2005. X Notary Public COMMONWEALTH OF PENNSYLVANIA Notanal Seal Susan L. MalraZl. Notal)! Public Mechaoicsburg Boro. Cumberland County My Commission Expires Nov. 24, 2007 Member, Pennsylvan'O'J Association Of Notaries \tVVL-- Keith O. Brenneman -2- SNELBAKER & BRENNEMAN, P.c. A PROFEssrONAL CORPOR.ATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG. PENNSYLVANIA 17055 RICHARD C. SNELBAKER KEITH O. BRENNEMAN 717-697.8528 P. Q. BOX 318 FACSIMILE (717) 697.76Bl November 7,2005 David E. Dolbin 1116 Kent Drive Mechanicsburg, PAl 7050 Re: Dolbin v. Dolbin No. 2005-5779 Civil Term, Cumberland County (Divorce) Dear Mr. Dolbin: Enclosed please find a certified copy of a Divorce Complaint, the original of which was filed this date with the Prothonotary. Yours truly, Keith O. Brenneman KOB/sm Enclosure CC: Mindy S. Dolbin (w/enclosure) Via certified mail, return receipt requested, restricted delivery, parcel No. 7003 1010000081310029 EXHIBIT A LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Ir ru o o .-'I ", .-'I '" U.S. Postal Service," CERTIFIED MAIL" RECEIPT >(Domeslil: Mall Only; No Insurance Coverage Provided) o D Certified Fee o o Return Reciept Fee (Endorsement Required) D Restricted Delivery Fee M (Endorsement Required) o .-'I Total Postage & Fees $ ", o SentTo David E. Dolbin o f'- s;;;ei,-AiifN~;"h'H-l.&nK-ent'-flri'\l'ehnmm- .m___hm__. __h___ ~!_~?_~~_"!~_n___Mg_~_hgJ].j.s_~_l?_~f&.L_r.b_.n___t?9_2SLm.._u___ City, State, Z/P+4 PS Form 3800, June 2002 See Reverse for InstructIons SENDER: COMPLETE )IllS SECTION . . . . . . Complete Items 1, 2, and 3. Also complete ftom 4 ff 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: A. Signature x D. Is delivery address different from item 1? ~ ff YES,eD~dellvery addl'eS$.Wow: 1'>,.; ,"" <' David E. Dolbin 1116 Kent Drive Mechanicsburg, PA 17050 , I ~~ , i1~ 3. Service Ty~ ,; ''-9@e~IJ!!od;Man D'?legmIered o Insured Mall o Add...... DYes DNa D Express Mall o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number rr- /rom service /SboI) PS Form 3811, February 2004 7003 1010 0000 8131 0029 Domestic Return Receipt EXHIBIT B Yes 10259S-Q2-M-1540 -- Q L :z u. --< C )> z :P C~, U~ c-.. -TI .---1 de; ;r; '~nm :c ~..~_l .' Oi (... LAW OFFICES SNELBAKER & BRENNEMAN, P.C. II :' MINDY S. DOLBIN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 05-5779 CIVIL TERM DAVID E. DOLBIN, I I I Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDA VII OF CONSENT UNDER SECTION 330!(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) ofthe Divorce Code was filed on November 7, 2005. I 2. Tho morri", of lho PI.,liff ,,' lho nor,"""" I, Irrctriowbly bro'" "" ,I,., (90) \dayS have elapsed from the date of the filing and service of the Complaint. I 3. I consent to the entry ofa final decree of divorce after service of notice of intention to i !request 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. !l 4904, relating to unsworn falsification to authorities. ak: February 16, 2006 ,Pla~ ~<7> , .-~ ';1 - II MINDY S. DOLBIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5779 CIVIL TERM DAVID E. DOLBIN, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330l(c) OF THE DIVORCE CODE 1. I COJ1sent to the entry of ~ 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 ofthe decree will be sent to me immediately after it is filed with the IIProthonotary. I I 4. I verify that the statements made in this affidavit are true and correct. I understand I Ithat false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Date: February 16, 2006 LAW OFFICES SNELBAKER & BRENNEMAN, P .C. -,-~----~--- (' "',-', (::) { ~. - LAW OFFICES SNEL8AKER & BRENNEMAN, P.C. II MINDY S. DOLBIN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 05-5779 CNIL TERM DAVID E. DOLBIN, Defendant CNIL ACTION - LAW IN DNORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(<:) nfthe Divorce Code was filed on November 7, 2005. 2. The marriage ofthe 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 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. 9 4904, relating to . I I unsworn falsification to authorities. Date~ \,~ b~ 1/.--4 '= 12- DaVId E. Dolbin, Defendant '-, ." LAW OFFICES SNELBAKER & BRENNEMAN, P.c. II i MINDY S. DOLBIN, , I : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. : NO. 05-5779 CNIL TERM DAVID E. DOLBIN, Defendant : CNIL ACTION - LAW : IN DIVORCE DEFENDANT'S WANER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330l(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! 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 nd that a copy ofthe decree will be sent to me immediately after it is filed with the Frothonotary. ! 4. I verify that the statements made in this affidavit are true and correct. I understand I lliat false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904 relating to nsworn falsification to authorities. ate: a!'!Ob ~~ ' )?- David E. Dolbin, Defendant ...~ ., , -.-) - c:.) c--. - " POST-NUPTIAL AGREEMENT THIS AGREEMENT, made and entered into this 2005, by and between: :rf day of ,M,"""~fll... , DAVID E. DOLBIN, of 1116 Kent Drive, Mechanicsburg, Pennsylvania, party of the first part, hereinafter "Husband" AND MINDY S. DOLBIN, of 1116 Kent Drive, Mechanicsburg, Pennsylvania, party of the second part, hereinafter "Husband" WITNESSETH: WHEREAS, Husband and Wife (collectively referred to herein as the "parties") were married to each other on April 7, 2001 in Summerdale, Pennsylvania; and WHEREAS, the parties presently reside with each other at 1116 Kent Drive, Mechanicsburg, Pennsylvania; and WHEREAS, the parties have accumulated certain assets and incurred certain debts during their marriage; and WHEREAS, the parties have one child of their marriage; namely Bailey E. Dolbin, born December 5, 2004; and WHEREAS, certain differences have arisen between the. parties, as a consequence of which they are contemplating living separate and apart from each other; and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status and with respect to the terms and provisions of this Post-Nuptial Agreement (also referred to herein as the "Agreement") and the meaning and legal effect thereof and have either obtained such advice or voluntarily and knowingly chosen not to do so; and; WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate 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, which they believe to be fair, just and equitable. 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: 1. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. 2. MUTUAL SEP ARA nON. Husband and Wife shall be free from constraint or control by the other as fully as ifhe or she were unmarried. Neither shall disturb, trouble nor interfere in any way with the other or with any person for associating with the other. 3. TANGIBLE PERSONAL PROPERTY. Husband and Wife agree that they have voluntarily agreed to divide and distribute between themselves their personal property, furnishings and furniture in accordance with the inventory attached hereto and incorporated by reference herein as "Exhibit A", with Husband to own and possess those items of property listed under his name on the attached inventory and Wife to own and possess those items of property -2- . listed under her name thereon, and with each to own and possess such property free and clear of any claim, right or use of the other. The parties acknowledge and agree that the division and distribution of property as set forth above has occurred whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and subject to equitable distribution. The parties declare and acknowledge that they are fully aware and familiar with all assets and property that each has brought into the marriage and that has been obtained or acquired separately or jointly by them during the course of their marriage and therefore waive any valuation thereof. Each party expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed in accordance with this Agreement and hereby declares and acknowledges that the voluntary division by them of all property, whether marital or not, is fair and equitable. 4. MARITAL RESIDENCE AT 1116 KENT DRIVE, MECHANICSBURG. PENNSYL VANIA. Husband and Wife acknowledge that they have jointly acquired title to certain real property improved with a residential dwelling located at 1116 Kent Drive, Mechanicsburg, PelU1sylvania (hereinafter the "marital residence"). The parties further acknowledge that the marital residence is encumbered by a primary or first mortgage to for which both parties are responsible (the "mortgage"). The parties acknowledge and agree that Wife shall move out of the marital residence no later than the date of Husband's refinancing of the mortgage or thirty (30) days from the date of this Agreement, whichever is later. -3- Husband agrees that prior to the parties' divorce and within sixty (60) days of the date of this Agreement, he will refinance the mortgage in his own name in order to extinguish any liability on the part of Wife for same. Wife agrees to execute any documentation reasonably required by Husband's lender or title insurance company to facilitate Husband's refinancing efforts, with the understanding that Wife will not be required to be responsible financially in any way for the mortgage loan to be obtained by Husband. In the event Husband is able to refinance the mortgage in his own name, then Wife shall, on or before settlement on Husband's refinancing, deliver a properly executed special warranty deed in recordable form to Husband conveying all of her right, title and interest in the marital residence to Husband, free and clear of all encumbrances except the mortgage obligation in exchange for receiving from Husband the sum of $17,000 in cash or certified funds. In the event Husband is unable to refinance the mortgage on the marital residence in his own name within sixty (60) days of the date of this Agreement, the parties agree that they shall promptly list the marital residence for sale through a licensed real estate agent or broker and sell the marital residence with the net proceeds of such sale to be divided equally between the parties at settlement, or with Wife receiving $17,000 thereof, whichever is greater. Upon Wife moving out of the marital residence and until such time as the marital residence is either refinanced or sold as described above, Husband agrees to pay and be solely responsible for the mortgage obligation identified above and to pay all utilities, maintenance and real estate taxes associated with the marital residence. Husband agrees to indemnify and hold Wife harmless of and from any liability relating to the above mortgage, utility expenses and real estate taxes. -4- 5. BANK ACCOUNTS. All bank accounts, whether or not jointly held by the parties during their marriage, have been divided by mutual agreement to their satisfaction. 6. MARITAL DEBT AND FUTURE OBLIGATIONS. The parties agree as follows concerning the assumption and responsibility for payment of the following debt, whether or not said debt is or is not considered marital debt: A. Husband agrees to pay and be solely responsible for paying the following debts for which Husband is identified as the sole or primary cardholder or obligor: I. Members I st VISA Credit Card 2. Discover Credit Card 3. National City VISA 4. Home Depot Credit Card 5. Chase Credit Card 6. Members I st Service loan 7. Members 151 Auto loan B. Wife agrees to pay and be solely responsible for paying the following debts for which Wife is identified as the sole or primary cardholder or obligor: I. Avenue Credit Card 2. MBNA Credit Card 3. CitiCard Both parties acknowledge that they are each aware of the amount of debt they and the other are agreeing to pay hereunder. The parties agree that any and all financial obligations which are or may be in his or her individual name shall be and remain the responsibility of the person in whose name the debt or obligation has been or will be incurred and that any and all obligations incurred subsequent to the date of this Post-Nuptial Agreement shall be the sole and separate liability and responsibility of the party incurring the debt or obligation and each party agrees that he/she will not incur or -5- attempt to incur any debts or obligations for or on behalf of the other party and will indemnify and hold harmless the other party of and from any and all claims, liability and attorney's fees arising from such future obligation and any other debts and obligations incurred prior to the parties' separation or divorce for which such party is obligated under the terms of this Post- Nuptial Agreement. 7. AUTOMOBILES. The parties acknowledge that Wife is the owner ofa 1996 Honda Civic which she purchased prior to the parties' marriage. The parties agree that Wife shall retain exclusive ownership, possession and use of the Honda Civic, free of any claim or interest of Husband. The parties further acknowledge that Husband is the sole owner of a 2005 Honda Pilot, which title is encumbered by a loan Husband has in his name with Members 1 st Credit (see paragraph 6.A.7, supra.). The parties agree that Husband shall retain exclusive ownership, possession and use of the Honda Pilot, free of any claim or interest of Wife. 8. COUNSEL FEES. Husband and Wife agree that each shall be responsible for paying his or her own legal fees and costs associated with the Divorce Action and the preparation, negotiation and consummation oftl1is Post-Nuptial Agreement. 9. PENSION, 401K. RETIREMENT PLANS, BENEFITS AND EMPLOYMENT BENEFITS. The parties acknowledge that Husband is the owner of a 401 K retirement account through his employer, Highmark, and Wife has no retirement account or benefit. Regardless of the value of Husband's retirement account or its increase in value during the parties' marriage, Wife waives and forever releases Husband of and from any claims she may have against his 40lK retirement account. Husband agrees to provide medical and dental insurance for Wife through Husband's -6- employer until the parties are divorced. 10. RELEASE OF SUPPORT AND RlGHTS UNDER DIVORCE CODE. Each party waives and forever releases the other party of and from any and all claims which either may have against the other for spousal support and for 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, cost and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 11. DIVORCE. The parties agree that Wife shall initiate a divorce action in the Court of Common Pleas of Cumberland County (the "Divorce Action"). The parties agree to terminate their marriage by mutual consent and each agrees to execute and deliver immediately after 90 days of the service of the divorce complaint, the necessary affidavits, waivers and consents in the Divorce Action. 12. TAX IMPLICATIONS AND MATTERS. The parties agree that in the event they are divorced in 2005, that they shall file separate income tax returns for 2005 and that Husband that year and thereafter shall solely use and benefit from any mortgage interest as a deduction on his returns. If the parties are not divorced in 2005, they shall file jointly for 2005 and divide equally any refund they will receive; and thereafter, Husband shall be entitled to claim any applicable mortgage interest deduction. The parties agree that in the event it is determined that there is any future tax liability of the parties, which liability relates to any year the parties were married and filed jointly, then in such event, the parties will contribute to the payment of such liability in proportion to their respective incomes for the year to which such liability pertains. -7- The parties hereto agree to retain all tax returns pertaining to the years of their marriage for a perio.d of five (5) years after the date of this Agreement. The parties further agree that Wife only shall be entitled to claim the parties' son as a dependent for tax purposes for 2005 if the parties are divorced in 2005 and all tax years thereafter. 13. CUSTODY AND CHILD SUPPORT. The parties agree that they shall have shared legal custody of their son, Bailey, and that Wife shall have primary physical custody of Bailey with Husband having such periods of physical custody of Bailey as they both shall agree. Husband agrees to pay Wife child support, commencing upon Wife moving from the marital residence in the amount of $600.00 each month, together with 55% of all daycare expenses for Bailey, with payments to be made no later than the 5th day of each month to Wife. Wife shall initiate a support proceeding in Cumberland County for purposes of the parties noting their agreement with respect to child support herein. Husband shall at his expense provide medical and dental insurance for Bailey. The parties acknowledge and agree that the provisions herein and amount of child support stated above may be modified at any time by Wife filing for child support or filing to modify child support in the Domestic Relations office of Cumberland County or in any other office or location having appropriate jurisdiction. 14. 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 -8- 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. 15. 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 a divorce action, but this Agreement shall not be merged into said order or decree in divorce. 16. 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. 17. BREACH; INDEMNIFICATION. If either party hereto breaches any provision hereof, then the nonbreaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be responsible for payment of all reasonable legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. Each party agrees and covenants to indemnify and hold harmless the other party from any and all liability and/or claims and/or damages and/or expenses (including attorneys' fees and expenses oflitigation) that the indemnitee may sustain or may become liable or answerable in any way whatsoever, or shall pay upon, or in the consequence of, the indemnitor's breach of any obligation, term or covenant of -9- " indemnitor under this Agreement, including, but not limited to, indemnitor's obligation to make any payment provided for herein. 18. VOLUNTARY EXECUTION. The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect explained to them by independent counsel of their choosing and 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. 19. ENTIRE AGREEMENT, This Post-Nuptial Agreement contains the entire understanding ofthe parties and there are no representations, warranties, covenants or undertakings 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~d 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 -10- ~ enforcing the provisions of this Agreement. 20. W AIVER/MODIFICA nON. The waiver of any term, condition, clause or provision of this Post-Nuptial Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. This Agreement can only be modified in writing executed by both parties hereto. 21. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 22. HEADINGS. The headings or titles of the numbered paragraphs ofthis 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. 23. EFFECTlVE DATE. This Agreement shall be dated and become effective on the date when executed by the latter of the two parties. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals intending to legally bind themselves and their respective heirs, personal representatives and assigns. WITNESSED BY: ~V~ Y.--4 David E. Dolbin . Date: II-z-o,S' r: /l2 (SEAL) ~l~~~~ cdd(n~~Of t in y S. Ibin Date: I) - 2- US (SEAL) -11- .1 ... Husband's Personal Propertv 1. Sectional sofa 2. All end tables 3. Coffee table 4. Big screen TV 5. Big screen TV cabinet 6. DVDNCR combo 7. Stereo Equipment 8. Bar stools 9. 2 Refrigerators 10. WasherandDryer 11. Grill 12. Fire Pit 13. Lawn rnower and gardening tools 14. All hand and power tools IS. Office computer 16. Printer 17. Desk and file cabinets 18. Double bed 19. Double bed sheets 20. Yz the towels and washcloths 21. Exercise equipment 22. Y2 the holiday decor 23. Rocking chairs - 3 chairs in total 24. All window treatments 25. Brown bench 26. 2 Banquet tables 27. All plastic shelving 28. Trailer 29. 2005 Honda Pilot 30. Both dogs - Skeeter and Skooter 31. Tall Cherry TV cabinet 32. Yz kitchen appliances, silverware and servmgware 33. Y2 entertaining dishes EXHIBIT A Wife's Personal Property I. All bedroom furniture 2. Bedroom TV 3. Corner TV cabinet 4. Kitchen table and chairs 5. Bakers Rack 6. Kitchen Trashcan 7. Small apple cabinet 8, Recliner 9. Glider chair 10. Laptop and wireless router 11. Kodak camera and camera dock 12. Large picture in living room 13. Majority of baskets 14. All apple decor I want 15. Apple dishes 16. Yz entertaining dishes 17. Fichus tree 18. Ivy topiary 19. Yz the towels and washcloths 20. All sheets for King size bed 21. Patio furniture and umbrella 22. Yz the holiday decor 23. All craft items 24. Seashell bathroom decor 2S. Crib 26. All nursery furniture 27. All toys 28. Both car seats 29. Card table and chairs 30. 96 Honda Civic 31. Yz kitchen appliances, glasses, silverware and servingware /-- r~ ~,'. .-:; -. ( ::1 '- - -- LAW OFFICES SNELBAKER & BRENNEMAN. P.C. MlNDY S. DOLBlN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 05-5779 CIVIL TERM DA VlD E. DOLBlN, Defendant CIVIL ACTION - LAW IN DIVORCE PRAEClPE 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: I. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of Complaint: by certified mail, restricted delivery on Defendant on November 12, 2005 (see Affidavit of Service filed concurrently herein). 3. Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff: February 16, 2006; by the Defendant: February 13,2006. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: February 16, 2006; by the Defendant: February 13, 2006. 5. Related pending claims: None. SNELBAKER & BRENNEMAN, P. C. Date: February 17,2006 ,11 Z1/1/1.----.. By: Attorneys for Plaintiff ("\ ,---, ,-..- _ul By THE C07td '?-#f5Y ~7.2 t?"p '<?;ff r~u:. ~~P' ;Z ?7~/~) /V . ~ -;?U' ) e C" ':7,--: /,0 " \. '--.l -