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HomeMy WebLinkAbout06-3591 LAURA JEAN JONES DEVLIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO.OL.- 3S'9 { dCJ~L l ffl-~ DAMIEN DEVLIN, Defendant CIVIL ACTION - 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. If the ground for the 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 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 LAWYER 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 South Bedford Street Carlisle, Pennsylvania 17013 (717)249-3166 #/. ~ ~CCaleb Attorney for Plaintiff LAW OFFICES MARLIN R. McCALEB LAURA JEAN JONES DEVLIN, ; IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO.lJb- 3S9{ (!.;c.JL ~~""I CIVIL ACTION - IN DIVORCE DAMIEN DEVLIN, Defendant COMPLAINT IN DIVORCE FIRST COUNT COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is LAURA JEAN JONES DEVLIN. an adult individual who currently resides at 2412 Rolling Hills Drive, Mechanicsburg (Upper Allen Township), Cumberland County, Pennsylvania 17055, since July 4, 2003. 2. Defendant is DAMIEN DEVLIN, an adult individual who currently resides at 4241 Brushfield Court, Apartment F, Harrisburg (Lower Paxton Township), Dauphin County, Pennsylvania 17109, since on or about October 1, 2005. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 23, 2000, in Baltimore, Maryland. LAW OFFICES MARLIN R. McCALEB -2- 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the Court to enter a Decree of Divorce. SECOND COUNT EQUITABLE DISTRIBUTION OF PROPERTY 9. The averments of Paragraphs 1 through 4, inclusive, above, are incorporated herein and made a part hereof by reference thereto. 10. Plaintiff and Defendant have acquired property during their marriage and until the date of their separation. 11. Plaintiff and Defendant have agreed to the equitable distribution of their marital property by reason of a certain Property Settlement Agreement dated April 27, 2006, which provides for said Agreement to be incorporated into, but not merged with, the Decree of Divorce. WHEREFORE, Plaintiff requests the Court to incorporate said Property Settlement Agreement dated April 27, 2006, into, but not merge it with, the Decree of Divorce. THIRD COUNT COMPLAINT FOR CUSTODY 12. The averments of Paragraphs 1 and 2, inclusive, above. are incorporated herein LAW OFFICES MARLIN R. McCALEB -3- and made a part hereof by reference thereto. 13. The Plaintiff seeks legal and physical custody of the following children: Name: Present Residence: Ae:e: Tamara Grace Devlin 2412 RoIling Hills Drive Mechanicsburg, P A 4 years (D08: June 24, 2002) Brynn Aine Devlin 2412 RoIling Hills Drive Mechanicsburg, P A I year (D08: February 28, 2005) The children were not born out of wedlock. The children are presently in the physical custody of the Plaintiff at the residence set forth in Paragraph I, above. During the past five (5) years. or since their respective births, the children have resided with the following persons and at the following addresses: Name: Addresses: Dates: Laura Jean Jones Devlin 100 South Newberry Street 06/30/00 to and Damien Devlin York, PA 07/04/03 Laura Jean Jones Devlin 2412 RoIling Hills Drive 07/04/03 to and Damien Devlin Mechanicsburg, P A 10/01105 Laura Jean Jones Devlin 2412 RoIling Hills Drive 1 % 1105 to Mechanicsburg, P A Present The mother of the children is LAURA JEAN JONES DEVLIN, currently residing at 2412 Rolling Hills Drive, Mechanicsburg (Upper Allen Township), Cumberland County, Pennsylvania. She is married to the Defendant herein, DAMIEN DEVLIN. The father of the children is DAMIEN DEVLIN, currently residing at 4241 LAW OFFICES MARLIN R. McCALEB -4- Brushfield Court, Apartment F, Harrisburg (Lower Paxton Township), Dauphin County, Pennsylvania. He is married to the Plaintiff. LAURA JEAN JONES DEVLIN. 14. The relationship of the Plaintiff to the children is that of natural mother. The Plaintiff currently resides with the following persons: Name: Relationship: Tamara Grace Devlin Daughter Brynn Aine Devlin Daughter 15. The relationship of the Defendant to the children is that of natural father. The Defendant currently resides with the following persons: Name: Relationship: None None 16. Plaintiff has not participated as a party or witness or in any other capacity in any other litigation concerning the children in this or any other Court. Plaintiff has no information of any other custody proceedings concerning the children, or either of them, pending in a Court in this Commonwealth. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 17. The best interest and permanent welfare of the children will be served by granting the relief requested because: (a) Plaintiff is the more fit and suitable custodian for the children; LAW OFfiCES MARLIN R. McCAlEB -5- (b) Plaintiff has been the primary caretaker of and caregiver for the children; (c) Plaintiff is better able than the Defendant to provide a good home and stable environment for the children. 18. Each parent whose parental rights to the children have not been terminated and the parents who have physical custody of the children have been named as parties to this Action. WHEREFORE, Plaintiff requests the Court to grant shared legal custody of the children to Plaintiff and Defendant herein, and to grant primary physical custody of the children to Plaintiff, with reasonable rights of supervised visitation or supervised temporary physical custody in Defendant at such times and under such conditions as the parties may from time to time mutually agre~~ /2 " Date: June ~:2. , 2006 ,~ Marlin R. McCaleb Attorney J.D. No. 06353 2] 9 East Main Street P.O. Box 230 Mechanicsburg, Pennsylvania] 7055 (717) 691-7770 FAX: (717) 69]-7772 Attorney for Plaintiff ] verify that the statements made in this Complaint are true and correct. ] understand that false statements herein are made subject to the penalties of 18 Pa. C.S., S ction 4904, relating to unsworn falsification to authoritie , Date: June &c52 , 2006 - LAW OFFICES MARLIN R. McCALEB -6- vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.tJ' _ .3S'i I LAURA JEAN JONES DEVLIN, Plaintiff DAMIEN DEVLIN, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING Laura Jean Jones Devlin, 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 that 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., Section 4904, relating to unsworn falsific Date; June C)fX , 2006 'on to Laura Jean Jo es Devlin, Plaintiff LAW OffICES MARLIN R. McCALEB -7- ~ ~ \I ~ ~ ..() ": ='0 \) () vt 0 . () D CY ~ I C , p:!~~ f. ~ r'- --.t:" ----< Cf:) o ( o -n (~- .~ c" :1:" r-,l=..; ~;~ r"._': ~G C,:O --< , /tit LAURA JEAN JONES DEVLIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 06-3591 CIVIL TERM DAMIEN DEVLIN, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF SERVICE MARLIN R. McCALEB, Esquire, certifies and says: that he is the attorney for Laura Jean Jones Devlin, the Plaintiff in the above-captioned action; that on behalf of said Plaintiff, he did file Plaintiff's Complaint in Divorce in the Office of the Prothonotary of Cumberland County, Pennsylvania, on June 23, 2006; that pursuant to Rule No. 1930.4(c) of the Pennsylvania Rules of Civil Procedure, he did serve said Complaint upon Damien Devlin, the Defendant herein, by depositing a true and attested copy of said Complaint, properly endorsed with Notice to Defend and Claim Rights, in the mail in the post office at Mechanicsburg, Cumberland County, Pennsylvania, on June 26, 2006, properly addressed to the said Defendant at his place of residence at 4241 Brushfield Court, Apartment F, Harrisburg, PA 17109, with proper postage attached, certified United States mail (Receipt No. 7099 3400 0017 1940 0365, return receipt requested, restricted delivery); that thereafter he did receive a return receipt card bearing the signature of Damien Devlin, Defendant herein, and indicating receipt of said copy of the Complaint on June 28, 2006; that the said certified mail LAW OFFICES MARLIN R. McCALEB receipt and return receipt card are attached hereto and made a . . .AI,' LAW OFFICES MARLIN R. McCALEB , I part hereof, marked Exhibit "A". I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein relating to unsworn falsification. are made subject to the penalties of 18 Pa. C.S., Section 4904, Date: July 6 , 2006 -2- ~~~ Marlin R. McCaleb .' U.s. Postal '",,", , CERTIFIED MAIL ;H ( t~ IPT (Domes//( Md/IOnly No In<;[Jldlll (' COVI'/'/'!" P!OVlc!f>cI) Ltl ..lI ITI CJ ~ rt CJ CJ Postage $ .63 Certified Fee 2.40 Return Receipt Fee 1.85 (Endorsement Required) Restricted Delivery Fee 3 0 7'~ (Endorsement Required) Total Postage & Fees $ 8.58 CJ .:r a- rt CJ CJ .:r Recipient's Name (Please Print Clearly) (to be complet ITI -si---f~f-to~-~-~~:-~o~!1------- ____________________m________________ .--------- g:: 4~l~h Brushfield Court, A~~_~___~_____m___m______ ~ -tiiY.-state:zIP+1!~~-~i-~b~~~-:m~~---u17"i 09 ,1 . Complete IIeme 1. 2. and 3. ~ complete Item 4 If ReetrIcl8d DelIvery Is deIhd. . PrInt your /'I8m8 and lIdche8 on thereverae"'"' 80 th8t ~,..." the c8Id to you. . ~~==the rMIIPece. 1. AIticIe to: D~i.eat>>.vlin 4241 Bt.8hfield Harrisburg, PA Ct., Apt. F 17109 D. 18 as.s dIlfInnt from .." 11 If __ delivery 8ddnIIa below: [] No \ [] ~.MIIII C C Allam RIcIlpt b' MlIld..ldIIe [] hwInd MIll [] C.O.D. 4. Re8trIctId DIMry? jSrtnI Fee) ~ 2. AlticleNumber 7099 3400 0017 1M> 0365 ~ 'Nr,...."".. PS Form 3811. February 2004 ...... ....... ..... 3. s.rvIoe 1Cl2lill1Wl2-M-1540 EXHIBIT "A" LAW OFFICES MARLIN R. McCALEB '"T1 r~;:! ~."' t'-~ ',---) ~ .€:. -:J .../ ... i~~} --II :-j - ' , i ~ . .~ LAW OFFICE OF WILLIAM T. TULLY William T. Tully, Esquire 3964 Lexington Stm:t., Suite B Harrisburg, P A l7l 09 717/5~33 A 10#36410 LAURA JEAN JONES DEVLIN V. DAMIEN DEVLIN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3591 CIVIL TERM CIVIL ACTION - IN DIVORCE PRAECIPE F R ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of e William T. Tully, Esquire on behalf of Damien Devlin relative to the above matter. Date: 11/28/06 Respectfully Submitted, w~re ID# 36410 3964 Lexington Street, Suite B Harrisburg, P A 17109 717/540-6833 ,. ~ .. LAW OmCE OF WILLIAM T. TULLY William T. Tully, Esquire 3964 Lexington Street, Suite B Harrisburg, P A 17109 717/540-6833 ID #36410 LAURA JEAN JONES DEVLIN V. DAMIEN DEVLIN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3591 CNIL TERM CIVIL ACTION - IN DIVORCE I, Tammy L. Kelly, hereby certi that on this date, a true and correct copy of the foregoing document was served upon I interested parties by fIrst class mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as ollows: Date: 11/28/06 (') s-.;. s. -0 LX) Q!U: 2:' e:~ ft) .,< =<. ~~.~ ~C ~8 )>C ~~ ~ r--.:I = <::;:) c;r. Z o <.:: N 1.0 -0 :J:: N .. o "'" ~ ~~ 06 -.c.j". I"'d Qo om .,-1 ~ .z:- -.l LAURA JEAN JONES DEVLIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 06-3591 CIVIL TERM DAMIEN DEVLIN, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 23, 2006, and served on me by certified mail on June 28, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing 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 am not a member of the armed forces, nor in active military service, of the United States of America or the Commonwealth of Pennsylvania or any other state or country. 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. , f.- L.. , Date: l)~c... ,S ~ t> ~~ ~u'", Damien Devlin, Defendant ~ = t.::::;). 0.... o rr1 (J r-..) CTI C) ,1 ---I ""'\- _J-!1 nlp m y (~-~ c~ ~r~ .:;;1'11 ;~=l 5J -< ::~ .~. LAURA JEAN JONES DEVLIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 06-3591 CIVIL TERM DAMIEN DEVLIN, Defendant CIVIL ACTION - IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 53301 eel OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section ~4904, relating to unsworn falsification to authorities. Date: ~L I ~\+-. 0 b ~1~ ~L<J Damien Devlin, Defendant ~ n c:;;;> ..:n 0'" c:J 1"1 C"') "', 0" ?; ..;.* - - ....... ...~- >> .' PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made and entered into this 27th day of April, 2006, by and between LAURA J. DEVLIN (sometimes known as LAURA 1. JONES-DEVLIN), of Upper Allen Township, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Wife," and DAMIEN DEVLIN, of Lower Paxton Township, Dauphin County, Pennsylvania, party of the second part, hereinafter referred to as "Husband. " WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on September 23, 2000; and WHEREAS, the parties are the natural parents of two (2) minor children, namely: Tamara Grace Devlin, born June 24, 2002, and Brynn Aine Devlin, born February 28, 2005; and WHEREAS, certain differences have arisen between the parties as a consequence of which they have separated and they intend to live separate and apart from each other during the rest of their natural lives; and WHEREAS, the parties plan to dissolve their said marriage an Action in Divorce to be filed by Wife against Husband in the Court of Common Pleas of Cumberland County, Pennsylvania, on the basis that the marriage is irretrievably broken; and WHEREAS, the parties desire to confirm their separation and further desire to enter into an agreement for the final settlement of their property and other matters incident to said separation and Action in Divorce. LAW OFFICES MARLIN R. McCALEB NOW, THEREFORE, in consideration of the foregoing and in further consideration of the covenants and promises hereinafter mutually to be kept and performed by each party hereto, as well as for other good and valuable considerations, it is agreed as follows: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place or places as he or she from time to time may chose or deem fit. 2. NONINTERFERENCE. Each party shall be free from interference, authority and control, direct or indirect, by the other in all respects as fully as if he or she were single and unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Neither party shall molest, harass, disturb or malign the other or the family of said other, nor compel or attempt to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASES. 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 remise, release, quitclaim, and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of and from any and all claims, demands, damages, actions, causes of actions, 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 said party prior to and including the date hereof; except LAW OFFICES MARLIN R. McCALEB -2- that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement, and shall in no way affect any cause of action in absolute divorce which either party may have against the other party. 4. PROPERTY. The parties hereto acknowledge and agree that they acquired various assets before and during their marriage, whether the same are held jointly or individually by the parties hereto, as follows: (a) Real Estate. The parties have acquired the following real estate: (i) The parties jointly acquired the marital home at 2412 Rolling Hills Drive, Upper Allen Township, Cumberland County, Pennsylvania, by deed dated July 2, 2003, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book Volume 257, Page 4993, for the purchase price and consideration of $210,000.00. The property was assessed for real estate taxes in 2004 in the amount of $212,200.00; and (ii) Husband acquired a residential rental property in Armagh, Ireland, prior to the marriage. For purposes of this Agreement, the parties agree that the value of this property, together with its accumulated rental income, is $358,000.00 as of December 31, 2005. (b) Bank Accounts. The parties acquired the following bank accounts: (i) Regular Checking Account No. 0513235259, Commerce Bank, in the names of Laura J. Devlin and Damien Devlin, having a balance as of November 8, 2005, LAW OFFICES MARLIN R. McCALEB -3- in the amount of $93.81; and (ii) Statement Savings Account No. 0616181286, Commerce Bank, in the name of Laura J. Devlin, having a balance as of November 8, 2005, in the amount of $2,490.99. (c) Investments. The parties have acquired the following investment accounts with Edward Jones: (i) Account No. 270-11321-1-6, in the names of Laura J. Jones-Devlin and Damien Devlin, having a balance as of January 27, 2006, in the amount of $5,477.44; and (ii) Account No. 270-11324-1-2 (Roth IRA), in the name of Laura J. Jones- Devlin, having a balance as of January 27, 2006, in the amount of $3,289.90; and (iii) Account No. 270-11324-1-1 (Roth IRA), in the name of Damien Devlin, having a balance as of January 27, 2006, in the amount of $3,238.12; and (iv) Account No. 270-11324-1-3, in the name of Laura J. Jones-Devlin, custodian for Tamara Grace Devlin under the Pennsylvania Uniform Transfer to Minors Act, having a balance as of January 27, 2006, in the amount of $1,101.42; and (v) Account No. 270-12402-1-6, in the name of Laura J. Jones-Devlin, custodian for Brynn Aine Devlin under the Pennsylvania Uniform Transfer to Minors Act, having a balance as of January 27, 2006, in the amount of $949.17; and (vi) Account No. 73905779 (Section 529 Plan), in the name of Laura J. Jones- Devlin, representing the college fund for Tamara and Brynn and having a balance as of January 27, 2006, in the amount of $28,817.97; and lAW OFFICES MARLIN R. McCALEB -4- (vii) Account No. 75712237 (Section 529 Plan), in the name of Laura 1. Jones- Devlin, representing the college fund for Tamara and Brynn and having a balance as of January 27, 2006, in the amount of $14,527.00. (d) Stocks. Husband has acquired shares of the common capital stock of his employer, Commonwealth Equipment Corporation, representing 49% of the issued and outstanding capital stock of said corporation. For the purposes of this Agreement, the parties agree that the value of said stock is $50,000.00 as of December 31, 2005. (e) Retirement Benefits and Accounts. Neither Husband nor Wife participates in any retirement or pension plan or has any retirement or pension benefits. (f) Automobiles. The parties have acquired a 2004 Ford Expedition that is titled in the names of Laura J. Devlin and Damien Devlin. This vehicle is used primarily by Wife and has a Kelly Blue Book value of $25,600.00. (g) Household Contents. The parties acquired various items of household goods, contents, furniture and furnishings and tools of undetermined value, which items are not listed herein but which are known to the parties hereto. (h) Life Insurance. Husband owns term life insurance through General American Life Insurance Company, Policy No. 3,603,856, insuring his life in the face amount of $1,000,000.00, and Wife owns term insurance through General American Life Insurance Company, Policy No. 3,603,865, insuring her life in the face amount of $300,000.00. 5. MARITAL DEBT. The parties have incurred marital debt as follows: (a) Mortgage given by the parties to Countrywide Home Loans, Inc., on July 2, LAW OFFICES MARLIN R. McCALEB -5- 2003, in the original principal amount of $199,500.00, payable over a term of thirty (30) years, with a principal balance as of October, 2005, in the amount of approximately $192,700.00; and (b) Edward Jones MasterCard Account No. XXXXXXXXXXXX0770, in the name of Laura 1. Jones-Devlin, having a balance as of January 19, 2006, in the amount of $4,031.57. 6. INCOME. Husband is a sales representative for Commonwealth Equipment Corporation, with a gross annual income of $100,000.00. Before the birth of their minor children, Wife was employed as a real estate agent. She is presently a fulltime homemaker and caregiver for their said children and she has no income from employment. 7. DISTRIBUTION OF MARITAL PROPERTY. The parties hereto covenant and agree that the assets and liabilities described in Paragraphs 4 and 5, above, have been, or are hereby being, divided and distributed between them as follows: (a) Real Estate. Husband relinquishes and disclaims any and all ownership, right, title, interest and claim in and to the real estate known and numbered as 2412 Rolling Hills Drive, Upper Allen, Cumberland County, Pennsylvania, and Husband covenants and agrees that Wife shall be and remain the sole and separate owner of same. Upon the execution and delivery of this Agreement, Husband shall execute and deliver a deed, with special warranty, conveying to Wife his right, title and interest in and to the said real estate, under and subject to the mortgage described in Paragraph 5(a), above. Wife relinquishes and disclaims any and all right, title, interest and claim in and to lAW OFFICES MARLIN R. McCALEB -6- Husband's residential rental property in Armagh, Ireland, as described in Paragraph 4(a)(ii), above, and Wife covenants and agrees that Husband shall be and remain the sole and separate owner of same. (b) Bank Accounts. Husband relinquishes and disclaims any and all ownership, right, title, interest and claim in and to the bank accounts as described in Paragraph 4(b )(i) and (ii), above, and Husband covenants and agrees that Wife shall be and remain the sole and separate owner of same. (c) Investments. Husband hereby relinquishes and disclaims any and all ownership, right, title, interest and claim in and to the Edward Jones accounts as described in Paragraph 4( c )(i) and (ii), above, and Husband covenants and agrees that Wife shall hereafter be and remain the sole and separate owner of same. Wife hereby relinquishes and disclaims any and all ownership, right, title, interest and claim in and to the Edward Jones account as described in Paragraph 4( c )(iii), above, and Wife covenants and agrees that Husband shall hereafter be and remain the sole and separate owner of same. Both parties covenant and agree that Wife shall continue to hold the Edward Jones accounts described in Paragraph 4(c)(iv), (v), (vi) and (vii), above, as custodian for their minor children, Tamara Grace Devlin and Brynn Aine Devlin. (d) Stocks. Wife relinquishes and disclaims any and all ownership, right, title, interest and claim in and to Husband's shares of the common capital stock of Commonwealth Equipment Corporation amounting to 490/0 of the issued and outstanding shares thereof, and Wife covenants and agrees that Husband shall be and remain the sole LAW OFFICES MARLIN R. McCALEB -7- and separate owner of same. ( e) Retirement Benefits and Accounts. Wife relinquishes and disclaims any and all ownership, right, title, interest and claim in and to all retirement or pension benefits, if any, now held by Husband or hereafter acquired by him and Wife covenants and agrees that Husband shall hereafter be and remain the sole and separate owner of same. Husband hereby relinquishes and disclaims any and all ownership, right, title, interest and claim in and to all retirement or pension benefits, if any, now held by Wife or hereafter acquired by her and Husband covenants and agrees that Wife shall hereafter be and remain the sole and separate owner of same. (I) Automobiles. Husband relinquishes and disclaims any and all ownership, right, title, interest and claim in and to the 2004 Ford Expedition and Husband covenants and agrees that Wife shall hereafter be and remain the sole and separate owner of same. (g) Household Contents. The parties have heretofore divided between them the household goods, contents, furniture, furnishings and tools. Husband relinquishes and disclaims any and all ownership, right, title, interest and claim in and to said items of personal property now in the possession of Wife and Husband covenants and agrees that Wife shall hereafter be and remain the sole and separate owner of same. Wife relinquishes and disclaims any and all ownership, right, title, interest and claim in and to said items of personal property in the possession of Husband and Wife covenants and agrees that Husband shall hereafter be and remain the sole and separate owner of same. (h) Life Insurance. Husband covenants and agrees that as long as he has any LAW OFFICES MARLIN R. McCALEB -8- financial obligation under Paragraphs 7, 8, 9, 11, 12 or 13 of this Agreement, he will pay the premiums for and to do all other things necessary to keep and maintain Policy No. 3,603,856, issued by General America Life Insurance Company, in full force and effect, and Husband shall designate Wife, as Trustee of a certain Life Insurance Trust of even date herewith, as the primary beneficiary thereof, and in the event of Husband's death during the term of such insurance, the proceeds thereof shall be payable to Wife, as such Trustee, and said proceeds shall be held and administered by her pursuant to the terms and conditions of said Trust. As such Trustee, Wife may from time to time request proof that said insurance remains in effect, which proof Husband shall provide. If for any reason Husband fails or refuses to pay said insurance premiums, Wife may do so, in which event Husband covenants and agrees to reimburse her for the same. Husband shall have no right or power to revoke or change the aforesaid beneficiary designation of Wife, as Trustee, as long as the terms and conditions of this Paragraph 7(h) are in effect, except upon the express written consent of Wife, or if for any reason she shall no longer qualify as such Trustee, in which latter event her successor Trustee shall succeed her as the beneficiary. The provisions of this Paragraph 7(h) shall terminate and expire at such time as Husband has fully paid and discharged all of his financial obligations under Paragraphs 7, 8, 9, 11, 12 and 13 of this Agreement, at which time Husband may terminate the insurance coverage or change the beneficiary designation. At such time, Wife covenants and agrees to execute any documents required by the insurance company for such change of beneficiary. Except as provided in this Paragraph 7(h), Wife relinquishes and disclaims any and all ownership, LAW OFFICES MARLIN R. McCALEB -9- right, title, interest and claim in and to Policy No. 3,603,856, issued by General American Life Insurance and Wife covenants and agrees that Husband shall be and remain the sole and separate owner of same under and subject to the terms and conditions of this Paragraph 7(h). Husband relinquishes and disclaims any and all ownership, right, title, interest and claim in and to Policy No. 3,603,865, issued by General American Life Insurance Company on the life of Wife and Husband covenants and agrees that Wife shall hereafter be and remain the sole and separate owner of same. (i) Cash. As additional consideration for Wife's release of claims to marital property as set forth in this Paragraph 7, Husband covenants and agrees to pay to Wife the principal sum of $179,000.00 in cash within seven (7) years from the date hereof, time being of the essence hereof. Husband's obligations under this Paragraph 7(i) shall be secured by a judgment note of even date herewith in favor of Wife, to be executed and delivered by him to her upon the execution and delivery of this Agreement. 8. Marital Debt. The parties covenant and agree to pay and discharge the marital debt as follows: (a) Wife covenants and agrees to assume and pay the full remaining balance of the existing mortgage described in Paragraph 5(a), above, and Wife further covenants and agrees to indemnify Husband and save him harmless of and from all liability or claim on account of said mortgage obligation from and after the date hereof. (b) The parties shall equally pay the present balance owed on the credit card account LAW OFFICES MARLIN R. McCALEB -10- described in Paragraph 5(b), above. Wife shall solely be responsible for and shall pay all charges on said account incurred from and after the date hereof and Wife covenants and agrees to indemnify Husband and save him harmless from any and all liability or claim for charges on the account from and after the date hereof. 9. ALIMONY Husband covenants and agrees to pay to Wife the sum of $250.00 per week, commencing with the calendar week in which this Agreement is executed. All such payments made by Husband after the date of this Agreement but before the date of a Decree in Divorce shall be considered as spousal support or alimony pendente lite. All such payments made by Husband after the date of a Decree in Divorce shall be considered as alimony. In all cases, all such payments shall be taxable to Wife and deductible by Husband for income tax purposes. Husband's obligation for alimony shall permanently end and his alimony payments to Wife shall permanently terminate upon the earliest of the following events: (a) The death of either party; (b) Wife's remarriage; (c) Wife's cohabitation with a person of the opposite sex who is not a member of her family within the degrees of consanguinity; or (d) The seventh anniversary of this Agreement. The terms and conditions of this Paragraph 9 pertaining to alimony may be incorporated into, but not merged with, any Decree of Divorce which may be entered with respect to the parties, as provided in Paragraph 18, below, and may be enforced pursuant to LAW OFFICES MARLIN R. McCALEB -11- Section 3703 of the Divorce Code (23 Pa.C.S. 3703), but shall not be subject to modification, suspension or termination by any Court. The parties agree that the aforesaid payments of alimony are necessary for the support and maintenance of Wife and that without such alimony payments she will not have sufficient income from other assets or employment to maintain herself. If Husband subsequently files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that Husband's obligation for alimony as herein provided is in the nature of support and maintenance and is not dischargeable in bankruptcy under the current bankruptcy law or any amendment thereto. 10. CUSTODY. The parties covenant and agree that they will share legal custody of their minor children, Tamara Grace Devlin and Brynn Aine Devlin. The parties further covenant and agree that Wife shall have primary physical custody of said minor children, subject to reasonable rights of visitation or temporary physical custody by Husband as the parties may from time to time hereafter mutually agree. During Husband's periods of temporary physical custody, he will not take the children, or either of them, outside the continental United States or more than two hundred (200) miles from Wife's home without advance notice to Wife and her express approval. Neither child shall hold any passport except one issued by the United States of America. Any passport previously issued by another country to either child shall immediately be surrendered to Wife. Neither child shall hereafter obtain a passport issued by a country other than the United States of America until her eighteenth (18th) birthday. LAW OFFICES MARLIN R. McCALEB -12- , . The provisions of this Paragraph 10 may be entered as an Order of Court in the aforesaid Action in Divorce. 11. CHILD SUPPORT. Husband shall pay to Wife, for the reasonable support of their said minor children, the sum of $769.00 per week, commencing with the calendar week in which this Agreement is executed. Each minor child shall be eligible for such child support until her eighteenth (18th) birthday or until she graduates from high school, whichever event last occurs. If a minor child becomes ineligible for child support, then the payments for the support of the other minor child shall be reduced to the sum of $578.00 per week. Husband shall also provide for his minor children the same (or equivalent) hospital, medical, dental and prescription drug insurance coverage as currently provided through his employer. Husband covenants and agrees to deposit into the Section 529 Plan more fully described in Paragraph 4(c)(vii), above, the principal sum of $10,000.00 in cash within two (2) years from the date hereof. Husband's obligations under the preceding sentence shall be secured by a judgment note of even date herewith in favor of Wife as Custodian for Tamara Grace Devlin and Brynn Aine Devlin pursuant to the Pennsylvania Uniform Transfers to Minors Act, to be executed and delivered by him to her upon the execution and delivery of this Agreement. 12. HEALTH INSURANCE. Husband covenants and agrees that as long as he has an obligation under Paragraph 9 of this Agreement for the payment of spousal support or LAW OFFICES MARLIN R. McCALEB -13- , . alimony pendente lite or alimony to Wife, he will pay for, or provide at no expense to her, the same (or equivalent) hospital, medical, dental and prescription drug insurance coverage as is currently provided to her through his employer. Wife shall be responsible and pay for any deductibles, co-pays or other expenses not covered or paid for by such insurance. If for any reason Husband shall fail or refuse to pay for such insurance, Wife may pay the premiums therefor, and Husband covenants and agrees that he will reimburse her for the same. If such insurance is provided to Wife through a relevant group plan in which Husband is the participant, Husband hereby agrees to allow Wife, the non-participant, to communicate directly, without limitation, with the relevant medical insurance carrier, and Husband, as participant, hereby waives any objections to Wife, as non-participant, in good faith processing claims or communicating directly with said insurance carrier. Said entitlement to communication with the medical insurance carrier shall include, but not be limited to, direct reimbursement by the carrier to Wife and direct delivery to Wife from the carrier of all relevant cards, information, brochures or other documents. Notwithstanding the preceding paragraph, Husband agrees to immediately forward to the insurance carrier Wife's claims for reimbursement for medical expenses incurred and paid by her, and Husband agrees to immediately forward to Wife any direct reimbursements he receives from the carrier for such medical expenses incurred and paid by Wife. 13. INDEMNIFICATION FOR PAST DEBTS. Except as otherwise provided in LAW OFFICES MARLIN R. McCALEB -14- I . Paragraph 8, above, each of the parties hereto covenants and agrees to assume full responsibility for and to pay all debts and obligations of whatsoever kind and nature incurred individually by that party prior to the day and date of this Agreement, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debts and obligations from and after the date hereof. 14. FUTURE OWNERSHIP OF PROPERTY. Each of the parties hereto may hereafter own and enjoy, independently of any claims or rights of the other, all items of personal and real property, tangible or intangible, 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 and she were unmarried. 15. MUTUAL RELEASES. The parties acknowledge that under prevailing Pennsylvania law they each have certain possible fiscal rights resulting from their marriage, including but not limited to the following: spousal support, alimony pendente lite in the event of a divorce, permanent alimony subsequent to a divorce, recovery of counsel fees, costs and expenses in the event of a divorce and the equitable distribution of marital property. It is the intention of the parties hereto that except as otherwise provided herein, all of the foregoing rights and remedies are hereby waived and forever released and that this Agreement each party hereby releases the other party of and from the the foregoing possible rights and remedies, except as otherwise provided herein. Both parties agree that by this Agreement they have have effected an equitable distribution of their marital LAW OFFICES MARLIN R. McCALEB -15- . . . . . property and neither will seek further distribution by any action at law or in equity. 16. INDEMNIFICATION FOR FUTURE DEBTS. Each of the parties hereby covenants and agrees with the other party not to make, incur or attempt to make or incur any debt or obligation for or on behalf of the other party hereto, or for which the other party may be held liable, from and after the date hereof, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debt or obligations from and after the date hereof. 17. OTHER DOCUMENTS. Each of the parties hereto shall, from time to time, at the request of the other party, execute, acknowledge and deliver unto said other party any and all further documents or instruments which may be reasonably required to give full force and effect to the terms and provisions of this Agreement. 18. DIVORCE. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to an absolute divorce on legal and truthful grounds if they now exist or may hereafter arise. This Agreement is not intended to condone, and shall not be deemed to be a condonation on the part of either party hereto of, any act or acts on the part of either party which may have occurred prior to, or which may occur subsequent to, the date hereof. It is understood, however, that the parties intend to dissolve their marriage by way of the aforesaid Action in Divorce pursuant to Section 3301(c) of the Divorce Code of Pennsylvania, on the grounds that the marriage is irretrievably broken and both parties agree to forthwith execute and file the appropriate Affidavits of Consent and LAW OFFICES MARLIN R. McCALEB -16- l ..: I . Waivers of Notice necessary to complete said Action in Divorce on the basis of mutual consent. Both parties agree that the terms of this Agreement shall be incorporated into, but not merged with, any Decree of Divorce which may be entered with respect to the parties and both parties agree to take all reasonable steps to have this Agreement incorporated into (but not merged with) any such Decree. Each party shall maintain his or her contractual remedies, as well as court-ordered remedies as the result of the aforesaid incorporation, or as otherwise provided by law or statute. Those remedies shall include, but need not be limited to, damages resulting from breach of this Agreement and/or specific performance of this Agreement or any part thereof, together with any other remedies that may be provided by the Pennsylvania Divorce Code, as amended, or other similar statute now in effect or as hereafter enacted. The parties further agree that the Court of Common Pleas that enters such Decree of Divorce shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions thereof. 19. ENFORCEMENT. If either party shall breach any term or provision of this Agreement, the other party, at his or her election, may proceed with an action at law for monetary damages and/or an action in equity for specific performance. Regardless of whether the action is at law or in equity, the party found to have breached this Agreement in whole or in part shall be liable to the non-breaching party for the latter's attorney's fees and other reasonable costs and expenses incurred in such litigation. 20. SEVERABILITY. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, LAW OFFICES MARLIN R. McCALEB -17- , 'I ., . condition, clause or provision of this Agreement, and if any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, all other provisions shall nevertheless continue to be in full force and effect. 21. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 22. ADVICE OF COUNSEL. Both parties covenant and agree that they have had ample and sufficient time to carefully and fully review the terms and provisions of this Agreement and to. seek and obtain the advice and counsel of an attorney with respect to same. Wife has engaged the services of Marlin R. McCaleb, Esquire, and Husband has had the opportunity to engage the services of legal counsel and has elected not to do so (or if he has sought the advice of legal counsel, he has not disclosed the identity of that counsel to Wife), and each. party has carefully reviewed the terms and conditions of this Agreement with counselor has had the opportunity to do so. Both parties covenant and agree that they fully understand the facts upon which this Agreement is premised and based, that they believe that there has been full disclosure of assets, that they believe this Agreement to be fair, reasonable and equitable, that said Agreement is being entered into freely and voluntarily by each of them, and that the execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 23. INTEGRATION. This Agreement constitutes the entire understanding between the parties and supersedes any and all prior agreements and negotiations between them. LAW OFFICES MARLIN R. McCALEB -18- . . . .. '- t, . LAW OFFICES MARLIN R. McCALEB Both parties further agree that there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those contained herein. 24. AGREEMENT BINDING UPON HEIRS. This Agreement shall be binding upon the parties hereto and their respective heirs, executors, administrators and assigns. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. ~~ J, ( , ~/ ,... ' EAL) ~~.J (SEAL) Damien Devlin ~ -19- " ...,. . COMMONWEAL TH OF PENNSYL VANIA) : SS. COUNTY OF ) On this, the 1\-8"\ day of -1"\0 Lit ' 2006, before me, a Notary Public in and for the state and county aforesai , the undersIgned officer, personally appeared DAMIEN DEVLIN known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Tammy L Kelly, Notary Public aty Of Hanisburg, Dauphin Coonty My Commission Expires Sept. 30, 2008 Member, Pennsylvania Association Of Notaries COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND) On this, the :27 tJ. day of ~-~t;/ ,2006, before me, a Notary Public in and for the state and county a resaid, the underSIgned officer, personally appeared LAURA J. DEVLIN, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto s (SEAL) Notary Public Notarial Seal Marlin R. McCaleb, Notary Public Mechanicsburg BolO, Cumberland County My Commission Expires Dec. 14,2006 Member. Pennsylvania Association Of Notaries LAW OFFICES MARLIN R. McCALEB -20- r-' i.-_.:;~ c;:.::) ~<\ ,.-.;\ \;:) \ 0'" ~ .....-\ ~~ .(\:? , -t1\f~ ~f~~~ '<-\ ~ ~? " '.~ ,.?/, .--\ ..L. "..... -1 LAURA JEAN JONES DEVLIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 06-3591 CIVIL TERM DAMIEN DEVLIN, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 23, 2006, and served on Damien Devlin, the Defendant herein, by certified United States mail indicated by return receipt card dated June 28, 2006, as per Affidavit of Service filed herein. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904, relating to unsworn Date: ~/~ Devlin LAW OFFICES MARLIN R. McCALEB ,.....:) c::;:;) ~ --J ..,., r:i co , a" '"\J, o -n ~-n ri"lF -orf1 :;~~, ;l~1 ~~?, ~:::; ~ ~ r:-? -..l LAURA JEAN JONES DEVLIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 06-3591 CIVIL TERM DAMIEN DEVLIN, Defendant CIVIL ACTION - IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 13301 ee) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section ~4904, relating to unsworn falsification to authorities. ~ ) LAW OFFICES MARLIN R. McCALEB r-:> c::= C:J' --' ...,., f"1'1 co \ 0""\ ~ ~-n [11 r;:r; ~g9 ~~~ ~1 ::~~f~ ~:::::i oJ;" ~ -v -,.. ......1.:n.. r:-? -.J : LAURA JEAN JONES DEVLIN, : IN THE COURT OF COMMON PLEAS Plaintiff : : CUMBERLAND COUNTY, PENNSYLVANIA : VS. : CIVIL DIVISION DAMIEN DEVLIN, : Defendant : NO. 06-3591 CIVIL TERM : PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under S3301(c) XXfl~ of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the com~tai~\ro. certified u.S. mail, restricted delivery, return receipt requested on June-Z, b, rece~ved June ~~, -2006. as set forth in the Affidavit of Service filed herein. . 3. Complete either paragraph (a) or (b). (a) . Date of execution of the affidavit of consent required by S3 30 i( c) of the Divorce Code: by plain tiff February 5, 2007 by defendant December 15, 2006 (b)(l) Date of execution of the affidavit required by S3301(d) of the Divorce Code: N/A ; (2) Oate of filing and service of the plaintiff's affidavit upon the raspondent: 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's filed with the Prothonotary: Date defendant's filed with the Prothonotary: Waiver of Notice in S330l(c) Divorce was February 6, 2007 Waiver of Notice in S3301(c) Divorce was December 15, 2006 Date: February 6, 2007 I&~ ~~ . Attorney for (Plaintiff)~~<<~~ ~ 0 5 11 -n ["'T1 t.7J t \D -cJ ~: r:2 o (.,,) <Ii <Ii <Ii IN THE COURT OF COMMON PLEAS ;., OF CUMBERLAND COUNTY if. ;+; ;+; PENNA. STATE OF ;+; if. ~ <Ii ;+; if. LAURA JEAN JONES DEVLIN, 06-3591 CIVIL TERM No. ;+; if. <Ii Plaintiff ;+; VERSUS <Ii DAMIEN DEVLIN, Defendant DECREE IN DIVORCE AND NOW, ~,~ , 2007 ,IT IS ORDERED AND DECREED THAT LAURA JEAN JONES DEVLIN , PLAI NTI FF, AND DAMIEN DEVLIN , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECOW~CTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Property Settlement Agreement dated April 27, 2006, is hereby incorporated into this Decree by reference thereto, but shall not merge with this Decree. By THE COURT: -- ;+; ;.,;+; ;+;if. <Ii <Ii <Ii if. <Ii <Ii <Ii if. if. :f.if. <Ii if. if. if. ;+; ;+; ;+; if. Of' Of' ;+; Of' ;+; ff. Of' ;+; ff. J. Of' ;+; ;+; ;+; Of' Of' Of' ff. ~ r :z. ~~..k; c.C/. C't. e ~..?,,,, r.;z ~ ~- ~ . ~ L<7. 0 . l:" " - . .. ...... ~ .....c " LAURA JEAN JONES DEVLIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 06-3591 CIVIL TERM DAMIEN DEVLIN, Defendant CIVIL ACTION - IN DIVORCE NOTICE OF INTENT TO RETAKE PRIOR NAME Notice is hereby given that LAURA JEAN JONES DEVLIN, the Plaintiff in the above matter, having been granted the Final Decree in Divorce on the 13th day of February, 2007, hereby elects to retake and use her previous name of LAURA JEAN JONES and gives this written notice avowing her intention in 54 Pa.C.S., Section provisions of the Act of December 16, 1982, 704, as am1J!;J;J;. d-..J ~ ' Laura Je~es Devlin accordance with the ]~=~~~~ . Laura Jean Jones COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On the /i,H. day of f:ihl"C<4rY , 2007, before me, a Notary Publ~personally appeared LAURA JEAN JONES DEVLIN, to be known as LAURA JEAN JONES, known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. LAW OFFICES MARLIN R. McCALEB IN WITNEE?,$,W,l;fEREOF, I have ,," . v" -.. f11fl'r 4. I...... t: n " /'<" ;~:~.~ ~',"" ..~"~,1) ~':'#~ '. , ,,\ "."\' ..:......1 :' . ':'_~"\ ~:-.).~ ",:; : : ''- _J. lI... 'i Il_ : : ; Co,) :_' :. . . . .' ):' ..."- ,;- .:. .;,.. "'. "'..',"~ ...'~':"'.: t:.-- _~~ .>.....J r ,,;,..',.. ': -'.~- ,t." I', ~.. . "'.. ' \..1 .. , r " N tary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mallin R. McCaleb. Notary Public Mechanicsburg Boro, Cumberland County My Commission Expires Dec. 14,2010 Member, Per:!1sylvania Association of Notaries "'1;11"""- () ~ c = 0 = s: --' 11 vI)' "T/ ~ -:-l 92 r-[~ rrt ,~ f!5 i,' co fn :D ~ --- 0"\ ~~ r-' ~ ............. ::;::jO 't> ~~--, :tl!!:o _1- ,', ~ ...... (:) ::n ...... ......... , ~'C': - -~,.C) "" Z - om .. -I \'J\ ~ ~ --1 N ~ .-< ~ 0) ...j - LAURA JEAN JONES-DEVLIN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-3591 f*1 a !'""' DAMIEN DEVLIN, CIVIL ACTION - LAW Defendant IN DIVORCE ° CD C Q � - ern PETITION FOR ENFORCEMENT OF PROPERTY SETTLEMENT AGREEIVM�ElT PURSUANT TO 23 PA. C.S.A. §3105(a) < AND NOW, comes the Plaintiff, Laura Jean Jones, by and through her attorneys, Meyers, Desfor, Saltzgiver& Boyle and files the following Petition for Enforcement of Property Settlement Agreement Pursuant to 23 Pa. C.S.A. §3105(a) and in support thereof avers as follows: 1. Petitioner is Laura Jean Jones, previously known as Laura Jean Jones-Devlin, an adult individual residing at 30105 Pelican Beach Circle, Dagsboro, Delaware 19939. (Hereinafter"Wife") 2. Respondent is Damien Devlin, an adult individual residing at 27 Harness Creek View Court, Annapolis, Maryland 21403. (Hereinafter"Husband") 3. The parties were formerly husband and wife having been married on September 23, 2000 and divorced by Decree in Divorce of the Court of Common Pleas of Cumberland County on February 13, 2007. (See Exhibit"A") 4. Pursuant to the parties' divorce action,they executed a Property Settlement Agreement dated April 27, 2006. (See Exhibit`B") 5. The Property Settlement Agreement dated April 27, 2006 (hereinafter"PSA") provides in paragraph 7(i) Cash, "that Husband covenants and agrees to pay to Wife MEYERS,DESFOR,SALTZGIVER&BOYLE 410 NORTH SECOND STREET • P.O.BOX 1062 • HARRISBURG,PA 17108 (717)236-9428 • FAX(717)236-2817 the principal sum of$179,000.00 in cash within seven(7)years from the date hereof, time being of the essence hereof." 6. To date, Husband has paid $70,000.00 cash to Wife within the past seven(7)years. Accordingly, Husband owes Wife $109,000.00, which was due and owing to Wife on or about April 27, 2013. 7. Husband has not made full payment pursuant to paragraph 7(i) of the PSA. 8. Wife has requested that Husband pay the $109,000.00 due and owing to her pursuant to paragraph 7(i). Husband has refused to make said payment to Wife. 9. Pursuant to paragraph 7(h) of the PSA, Husband was to set up a life insurance trust designating Wife as trustee. Husband has created the trust as required, however, Husband has refused to provide Wife with proof that the insurance policy remains in effect. Pursuant to paragraph 7(h) Husband is required to provide Wife with said proof of valid and effective life insurance policy. 10. Wife has requested that Husband provide her with proof and verification that the life insurance policy pursuant to paragraph 7(h) of the PSA is in effect. Husband has refused to provide Wife with this proof and verification. 11. Wife has incurred attorney fees and costs in bringing this Petition for Enforcement of Property Settlement Agreement pursuant to 23 Pa.C.S.A. §3105(a). Wife requests that Husband be ordered to pay for her attorney fees, costs and expenses incurred in bringing the within Petition. 12. A Judge has not previously been appointed to this case. MEYERS,DESFOR,SALTZGIVER&BOYLE 410 NORTH SECOND STREET • P.O.BOX 1062 • HARRISBURG,PA 17108 (717)236-9428 • FAX(717)236-2817 13. Husband has previously appeared pro se in this action, and accordingly, Wife's counsel has not sought the concurrence of opposing counsel. WHEREFORE, Petitioner herein, Laura Jean Jones,hereby requests this Honorable Court enforce the Property Settlement Agreement dated April 27, 2006, specifically paragraphs 7(i) and 7(h), and order Husband to pay Wife the $109,000.00 which is owed to her as well as proof that the subject life insurance policy is paid up and in effect. Furthermore, Wife requests that Husband be ordered to pay for her counsel fees, costs and expenses incurred in bringing the within Petition. Respectfully submitted, L i A. ui Attorney I.D. 61382 Meyers, Desfor, Salt giver& oyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff MEYERS,DESFOR,SALTZGIVER&BOYLE 410 NORTH SECOND STREET • P.O.BOX 1062 • HARRISBURG, PA 17108 (717)236-9428 • FAX(717)236-2817 + + IN THE COURT OF •COMMON PLEAS + + OF CUMBERLAND COUNTY + + STATE OF PENNA. + + + + LAURA JEAN JONES DEVLIN, + + Plaintiff NO. 06-3591 CIVIL TERM + + VERSUS + DAMIEN DEVLIN, + + Defendant + + + DECREE IN } + + DIVORCE + + + + + + + + AND NOW, February 13 2007 IT IS ORDERED AND + + + + + } DECREED THAT LAURA JEAN JONES DEVLIN , PLAINTIFF, } } + AND DAMIEN DEVLIN DEFENDANT, + 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; A)4,4JZ- + + The Property Settlement Agreement dated April 27 , 2006, is + hereby incorporated into this Decree by reference thereto, , but shall not merge with this Decree. } + + + r BY THE COURT: , + + Edgar B. Bayley + + ` ATTEST: J. + + + + PROT EXHIBIT Certified Copy Issued: Fe ruary 13, 2007 PROPERTY SETTLEN MNT AGREEMENT THIS AGREEMENT made and entered into this 27th day of April, 2006, by and between LAURA J. DEVLIN (sometimes known as LAURA J. 3ONES-DEVLIN), of Upper Allen Township, Cumberland County, Pennsylvania, Party of the first part, hereinafter referred to as "Wife," and DAMIEN DEVLIN, of Lower Paxton oWI&p,� Dauphin County, Pennsylvania, party of the second part, hereinafter referrd�-io as y-• ' 70 "Husband." _? WITNESSETH: WHEREAS, the parties hereto are Husband and Wife,.having been married on September 23, 2000; and WHEREAS, the parties are the natural parents of two (2) minor children, namely: Tamara Grace Devlin, barn June 24, 2002, and Brynn Aine Devlin, born February 28, 2005; and WHEREAS, certain differences have arisen between the parties as a consequence of which they have separated and they intend to live separate and apart from each other during the rest of their natural lives; and WHEREAS, the parties plan to dissolve their said marriage an Action in Divorce to be filed by Wife against Husband in the Court of Common Pleas of Cumberland County, Pennsylvania, on the basis that the marriage is irretrievably broken; and WHEREAS, the parties desire to confirm their separation and further desire to enter into an agreement for the final settlement of their property and other matters incident to said separation and Action in Divorce. LAW OFFICES %RLiN R.McCALEB EXHIBIT NOW, THEREFORE, in consideration of the foregoing and in further consideration of the covenants and promises hereinafter mutually to be kept and performed by each party hereto, as well as for other good and valuable considerations, it is agreed as follows: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other parry, at such place or places as he or she from time to time may chose or deem fit. 2. NONINTERFERENCE. Each party shall be free from interference, authority and control, direct or indirect, by the other in all respects as fully as if he or she were single and unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Neither party shall molest, harass, disturb or malign the other or the family of said other, nor compel or attempt to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASES. 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 remise, release, quitclaim, and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of and from any and all claims, demands, damages, actions, causes of actions, 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 said party prior to and including the date hereof; except LAW OFFICES 1RUN R. McCALEB —2- that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement, and shall in no way affect any cause of action in absolute divorce which either parry may have against the other party. 4. PROPERTY. The parties hereto acknowledge and agree that they acquired . various assets before and during their marriage, whether the same are held jointly or individually by the parties hereto, as follows: (a) Real Estate. The parties have acquired the following real estate:. (i) The parties jointly acquired the marital home at 2412 Rolling Hills Drive, Upper Allen Township, Cumberland County, Pennsylvania, by deed dated July 2, 2003, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book Volume 257, Page 4993, for the purchase price and consideration of $210,000.00. The property-was assessed for real estate taxes in 2004 in the amount of $212,200.00; and (ii) Husband acquired a residential rental property in Armagh, Ireland, prior to the marriage. For purposes of this Agreement, the parties agree that the value of this property, together with its accumulated rental income, is $358,000.00 as of December 31, 2005. (b) Bank Accounts. The parties acquired the following bank accounts: (i) Regular Checking Account No. 0513235259, Commerce Bank, in the names of Laura J. Devlin and Damien Devlin, having a balance as of November 8, 2005, LAW OFFICES kRLIN R. McCALEB —3— in the amount of$93.81; and (ii) Statement Savings Account No. 0616181286, Commerce Bank, in,the name of Laura J. Devlin, having a balance as of November 8, 2005, in the amount of $2,490.99. (c) Investments. The parties have acquired the following investment accounts with Edward Jones: (i) Account No. 270-11321-1-6, in the names of Laura J. Jones-Devlin and Damien Devlin, having a balance as of January 27, 2006, in the amount of$5,477.44; and (ii) Account No. 270-11324-1-2 (Roth IRA), in the name of Laura J. Jones- Devlin, having a balance as of January 27, 2006, in the amount of$3,289.90; and (iii) Account No. 270-11324-1-1 (Roth IRA),. in the name of Damien Devlin, having a balance as of January 27, 2006, in the amount of$3,238.12; and (iv) Account No. 270-11324-1-3, in the name of Laura J. Jones-Devlin, custodian for Tamara Grace Devlin under the Pennsylvania Uniform Transfer to Minors Act, having a balance as of January 27, 2006, in the amount of$1,101.42; and (v) Account No. 270-12402-1-6, in the name of Laura J. Jones-Devlin, custodian for Brynn Aine Devlin under the Pennsylvania Uniform Transfer to Minors Act, having a balance as of January 27, 2006, in the amount of$949.17; and (vi) Account No. 73905779 (Section 529-Plan), in the name of Laura J. Jones- Devlin, representing the college fund for Tamara and Brynn and having a balance as of January 27, 2006, in the amount of$28,817.97; and LAW OFFICES UN R. MCCALEB _¢_ (vii) Account No. 75712237 (Section 529 Plan), in the name of Laura J. Jones- Devlin, representing the college fund for Tamara and Brynn and having a balance as of January 27, 2006, in the amount of$14,527.00. (d) Stocks. Husband has acquired shares of the common capital stock of his employer, Commonwealth Equipment Corporation, representing.49% of the issued and outstanding capital stock of said corporation. For the purposes of this Agreement, the parties agree that the value of said stock is $50,000.00 as of December 31, 2005. .(e) Retirement Benefits and Accounts. Neither Husband nor Wife participates in any retirement or pension plan or has any retirement or pension benefits. (f) Automobiles. The parties have acquired a 2004 Ford Expedition that is titled in the names of Laura J. Devlin and Damien Devlin. This vehicle is used primarily by Wife and has a Kelly Blue Book value of$25,600.00. (g) Household Contents. The parties acquired various items of household goods, contents, furniture and furnishings and tools of undetermined value, which items are not listed herein but which are known to the parties hereto. (h) Life Insurance. Husband owns term life insurance through General American Life Insurance Company, Policy No. 3,603,856, insuring his life in the face amount of '$1,006,000.00, and Wife owns term insurance through General American Life Insurance Company, Policy No. 3,603,865, insuring her life in the face amount of$300,000.00. 5. MARITAL DEBT. The parties have incurred marital debt as follows: (a) Mortgage given by the parties to Countrywide Home Loans, Inc., on July 2, LAW OFFICES RLIN R.MCCALEB _5_ 2003, in the original principal amount of$199,500.00, payable over a term of thirty (30) years, with a principal balance as of October, 2005, in the amount of approximately $192,700.00; and (b) Edward Jones MasterCard Account No. 0770, in the name of Laura J. Jones-Devlin, having a balance as of January 19, 2006, in the amount of $4,031.57. 6. INCOME. Husband is a sales representative for Commonwealth Equipment Corporation, with a gross annual income of$100,000.00. Before the birth of their minor children, Wife was employed as a real estate agent. She is presently a fulltime homemaker and caregiver for their said children and she has no income from employment. 7. DISTRIBUTION OF MARITAL PROPERTY. The parties hereto covenant and agree that the assets and liabilities described in Paragraphs 4 and 5, above, have been, or are hereby being, divided and distributed between them as follows: (a) Real Estate. Husband relinquishes and disclaims any and all ownership, right, title, interest and claim in and to the real estate known and numbered as 2412 Rolling Hills Drive, Upper Allen, Cumberland County, Pennsylvania, and Husband covenants and agrees that Wife shall be and remain the sole and separate owner of same. Upon the execution and delivery of this Agreement, Husband shall execute and deliver a deed, with special warranty, conveying to Wife his right, title and interest in and to the said real estate, under and subject to the mortgage described in Paragraph 5(a), above. Wife relinquishes and disclaims any and all right, title, interest and claim in and to LAW OFFICES RLIN R.WCALEB _6_ Husband's residential rental property in Armagh, Ireland, as described in Paragraph 4(a)(ii), above, and Wife covenants and agrees that Husband shall be and remain the sole and separate owner of same. (b) Bank Accounts. Husband relinquishes and disclaims any and all ownership, right, title, interest and claim in and to the bank accounts as described in Paragraph 4(b)(i) and (ii), above, and Husband covenants and agrees that Wife shall be and remain the sole and separate owner of same. (c) Investments. Husband hereby relinquishes and disclaims any and all ownership, right, title, interest and claim in and to the Edward Jones accounts as described in Paragraph 4(c)(i) and (ii), above, and Husband covenants and agrees that Wife shall hereafter be and remain the sole and separate owner of same. Wife hereby relinquishes and disclaims any and all ownership, right, title, interest and claim in and to the Edward Jones account as described in Paragraph 4(c)(iii), above, and Wife covenants and agrees that Husband shall hereafter be and remain the sole and separate owner of same. Both parties covenant and agree that Wife shall continue to hold the Edward Jones accounts described in Paragraph 4(c)(iv), (v), (vi) and (vii), above, as custodian for their minor children, Tamara Grace Devlin and Brynn .Rine Devlin. (d) Stocks. Wife relinquishes and disclaims any and all ownership, right, title, interest and claim in and to Husband's shares of the common capital stock of Commonwealth Equipment Corporation amounting to 49% of the issued and outstanding shares thereof, and Wife covenants and agrees that Husband shall be and remain the sole LAW OFFICES RLIN R. McCALEB _7_ and separate owner of same. (e) Retirement Benefits and Accounts. Wife relinquishes and disclaims any and all ownership, right, title, interest and claim in and to all retirement or pension benefits, if any, now held by Husband or hereafter acquired by him and Wife covenants and agrees that Husband shall hereafter be and remain the sole and separate owner of same. Husband hereby relinquishes and disclaims any.and all ownership, right, title, interest and claim in and to all retirement or pension benefits, if any, now held by Wife or hereafter acquired by her and Husband covenants and agrees that Wife shall hereafter be and remain the sole and separate owner of same. (f) Automobiles. Husband relinquishes and disclaims any and all ownership, right, title, interest and claim in and to the 2004 Ford Expedition and Husband covenants and agrees that Wife shall hereafter be and remain the sole and separate owner of same. (g) Household Contents. The parties have heretofore divided between them the household goods, contents, furniture, furnishings and tools. Husband relinquishes and disclaims any and all ownership, right, title, interest and claim in and to said items of personal property now in the possession of Wife and Husband covenants and agrees that Wife shall hereafter be and remain the sole and separate owner of same. Wife relinquishes and disclaims any and all ownership, right, title, interest and claim in and to said items of personal property in the possession of Husband and Wife covenants and agrees that Husband shall hereafter be and remain the sole and separate owner of same. (h) Life Insurance. Husband covenants and agrees that as long as he has any LAW OFFICES RLIN R. MCCALEB _8_ I financial obligation under Paragraphs 7, 8, 9, 11, 12 or 13 of this Agreement, he will pay the premiums for and to do all other things necessary to keep and maintain Policy No. 3,603,856, issued by General America Life Insurance Company, in full force and effect, and Husband shall designate Wife, as Trustee of a certain Life Insurance Trust of even date herewith, as the primary beneficiary thereof, and in the event of Husband's death during the term of such insurance, the proceeds thereof shall be payable to Wife; as such Trustee, and said proceeds shall be held and administered by her pursuant to the terms and conditions of said Trust. As such Trustee; Wife may from time to time request proof that said insurance remains in effect, which proof Husband shall provide. If for any reason Husband fails or refuses to pay said insurance premiums, Wife may do so, in which event Husband covenants and agrees to reimburse her for the same. Husband shall have no right or power to revoke or change the aforesaid beneficiary designation of Wife, as Trustee, as long as the terms and conditions of this Paragraph 7(h) are in effect, except upon the express written consent of Wife, or if for any reason she shall no longer qualify as such Trustee, in which latter event her successor Trustee shall succeed her as the beneficiary. The provisions of this Paragraph 7(h) shall terminate and expire at such time as Husband has 'fully paid and discharged all of his financial obligations,under Paragraphs 7, 8, 9, 11, 12 and 13 of this Agreement, at which time Husband may terminate the insurance coverage or change the beneficiary designation. At such time, Wife covenants and agrees to execute any documents required by the insurance company for such change of beneficiary. Except as provided in this Paragraph 7(h), Wife relinquishes and disclaims any and all ownership, LAW OFFICES .RLIN R. McCALEB -9- right, title, interest and claim in and to Policy No. 3,603,856, issued by General American Life Insurance and Wife covenants and agrees that Husband shall be and remain the sole and separate owner of same under and subject to the terms and conditions of this Paragraph 7(h). Husband relinquishes and disclaims any and all ownership, right, title, interest and claim in and to Policy No. 3,603,865, issued by General American Life Insurance Company on I the life of Wife and Husband covenants and agrees that.Wife shall hereafter be and remain the sole and separate owner of same. (i) Cash. As additional consideration for Wife's release of claims to marital property as set forth in this Paragraph 7, Husband covenants and agrees to pay to Wife the principal sum of$179,000.00 in cash within seven (7) years from the date hereof, time being of the essence hereof. Husband's obligations under this Paragraph 7(i) shall be secured by a judgment note of even date herewith in favor of Wife, to be executed and delivered by him to her upon the execution and delivery of this Agreement. 8. Marital Debt. The parties covenant and agree to pay and discharge the marital debt as follows: (a) Wife covenants and agrees to assume and pay the full remaining balance of the existing mortgage described in Paragraph 5(a), above, and Wife further covenants and agrees to indemnify Husband and save him harmless of and from all liability or claim on account of said mortgage obligation from and after the date hereof. (b). The parties shall equally pay the.present balance owed on the credit card account LAW OFFICES \RLIN R. McCALEB _10— described in Paragraph 5(b), above. Wife shall solely be responsible for and shall pay all charges on said account incurred from and after the date hereof and Wife covenants and agrees to indemnify Husband and save him harmless from any and all liability or claim for charges on the account from and after the date hereof. 9. ALIMONY Husband covenants and agrees to pay to Wife the sum of$250.00 per week, commencing with the calendar week in which this Agreement is executed. All such payments made by Husband after the date of this.Agreement but before the date of a .Decree in Divorce shall be considered as spousal support or alimony pendente liter All such payments made by Husband after the date of a Decree in Divorce shall be considered as alimony. In all cases, all such payments shall be taxable to Wife and deductible by Husband for income tax purposes. Husband's obligation for alimony shall permanently end and his alimony payments to Wife shall permanently terminate upon the earliest of the following events: (a) The death of either parry; (b) Wife's remarriage; (c) Wife's cohabitation with a person of the opposite sex who is not a member of her family within the degrees of consanguinity; or (d) The seventh anniversary of this Agreement. The terms and conditions of this Paragraph 9 pertaining to alimony may be incorporated into, but not merged with, any Decree of Divorce which may be entered with respect to the parties, as provided in Paragraph 18, below, and may be enforced pursuant to LAW OFFICES 'LIN R. MCCALEB Section 3703 of the Divorce Code (23 Pa.C.S. 3703), but shall not be subject to modification, suspension or termination by any Court. The parties agree that the aforesaid payments of alimony are necessary for the support and maintenance of Wife and that without such alimony payments she will not have sufficient income from other assets or employment to maintain herself. If Husband subsequently files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that Husband's obligation for alimony as herein provided is in the nature of support and maintenance and is not dischargeable in bankruptcy under the current bankruptcy law or any amendment thereto. 10.. CUSTODY. The parties covenant and agree that they will share legal custody of their minor children, Tamara Grace Devlin and Brynn Aine Devlin. ,T4 : 'parties�I`urti"e �c�o�enant ani��agree:that�Wife,�sliall„ha��pr�rra�.p�ys�cal`.custodyAzof�;sa2d�mznor�chddren �stb�ect�sto�easonab`le-r�gh�s� � ,' ��temporary� lyslcal'��cusfo�dy'by�Husband as the < of visrtati''t n�. fro et y M 4.5P] yes ria tai ,a a ti3ne�her�after� utuali` a During Husband's periods of temporary physical custody, he will not take the children, or either of them, outside the continental United States or more than two hundred (200) miles from Wife's home without advance notice to Wife and her express approval. Neither child shall hold any passport except one issued by the United States of America. Any passport previously issued by another country to either child shall immediately be surrendered to Wife. Neither child shall hereafter obtain a passport issued by a country other than the United States of America until her eighteenth.(18th) birthday. LAW OFFICES ALIN R. McCALEB —12— The provisions of this Paragraph 10 may be entered as an Order of Court in the aforesaid Action in Divorce. 11. CHILD SUPPORT. Husband shall pay to Wife, for the reasonable support of their said minor children, the sum of$769.00 per week, commencing with the calendar week in which this Agreement is executed. Each minor child shall be eligible for such child support until her eighteenth (18th) birthday or until she graduates from high school, whichever event last occurs. If a minor child becomes ineligible for child support, then the payments for the support of the other minor child shall be reduced to the sum of$578.00 per week. Husband shall also provide for his minor children the same (or equivalent) hospital, medical, dental and prescription drug insurance coverage as currently provided through his employer. Husband covenants and agrees to deposit into the Section 529 Plan more fully described in Paragraph 4(c)(vii), above,the principal sum of$10,000.00 in cash within two (2) years from the date hereof. Husband's obligations under the preceding sentence shall be secured by a judgment note of even date herewith in favor of Wife as Custodian for Tamara Grace Devlin and Brynn Aine Devlin pursuant to the Pennsylvania Uniform Transfers to Minors Act, to be executed and delivered by him to her upon the execution and delivery of this Agreement. 12. HEALTH INSURANCE Husband covenants and agrees that as long as he has an obligation under Paragraph 9 of this Agreement for the payment of spousal support or LAW OFFICES .LIN R. McCALEB -13- alimony pendente lite or alimony to Wife, he will pay for, or provide at no expense to her, the same (or equivalent) hospital, medical, dental and prescription drug insurance coverage as is currently provided to her through his employer. Wife shall be responsible and pay for any deductibles, co=pays or other expenses not covered or paid for by sucli insurance. If for any reason Husband shall fail or refuse to pay for such insurance, Wife may pay the premiums therefor, and Husband covenants and agrees that he will reimburse her for the same. If such insurance is provided to Wife through a relevant group plan in which Husband is the participant, Husband hereby agrees to allow Wife, the non-participant, to communicate directly, without limitation, with the relevant medical insurance carrier, and Husband,as participant, hereby waives any objections to Wife, as non-participant, in good faith processing claims or communicating directly with said insurance carrier. Said entitlement to communication with the medical insurance carrier shall include, but not be limited to, direct reimbursement by the carrier to Wife and direct delivery to Wife from the carrier of all relevant cards, information, brochures or other documents. Notwithstanding the preceding paragraph, Husband agrees to immediately forward to the insurance carrier Wife's claims for reimbursement for medical expenses incurred and paid by her, and Husband agrees to immediately forward to Wife any direct reimbursements he receives from the carrier for such medical expenses incurred and paid by Wife. 13. INDEMNIFICATION FOR PAST DEBTS. Except as otherwise provided in LAW OFFICES MN R.McCALE6 -14- Paragraph 8, above, each of the parties hereto covenants and agrees to assume full responsibility for and to pay all debts and obligations of whatsoever kind and nature incurred individually by that party prior to the day and date of this Agreement, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debts and obligations from and after the date hereof. 14. FUTURE OWNERSHIP OF PROPERTY. Each of the parties hereto may hereafter, own and enjoy,independently of any claims or rights of the other, all items of personal and real property, tangible or intangible, 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 and she were unmarried. 15. MUTUAL RELEASES. The parties acknowledge that under prevailing Pennsylvania law they each have certain possible fiscal rights resulting from their marriage, including but not limited to the following: spousal support, alimony pendente lite in the event of a divorce, permanent alimony subsequent to a divorce, recovery of counsel fees, costs and expenses in the event of a divorce and the equitable distribution of marital property. It is the intention of the parties hereto that except as otherwise provided herein, all of the foregoing rights and remedies are hereby waived and forever released and that this Agreement each party hereby releases the other party of and from-the the foregoing possible rights and remedies, except as otherwise provided herein. Both parties agree that by this Agreement they have have effected an equitable distribution of their marital LAW OFFICES RLIN R. MCCALEB -15- property and neither will seek further distribution by any action at law or in equity. 16. INDEMNIFICATION FOR FUTURE DEBTS. Each of the parties hereby covenants and agrees with the other party not to make, incur or attempt to make or incur any debt or obligation for or on behalf of the other party hereto, or for which the other party may be held liable, from and after the date hereof, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debt or obligations from and after,the date hereof. 17. OTHER DOCUMENTS. Each of the parties hereto shall, from time to time, at the request of the other party, execute, acknowledge and deliver unto said other party any and all further documents or instruments which may be reasonably required to give M force and effect to the terms and provisions of this Agreement. 18. DIVORCE. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to an absolute divorce on legal and truthful grounds if they now exist or may hereafter arise. This Agreement is not intended to condone, and shall not be deemed to be a condonation on the part of either party hereto of, any act or acts on the part of either party which may have occurred prior to, or which may occur subsequent to, the date hereof. It is understood, however, that the parties intend to dissolve their marriage by way of the aforesaid Action in Divorce pursuant to Section 3301(c) of the Divorce Code of Pennsylvania, on the grounds that the marriage is irretrievably broken and both parties agree to forthwith execute and file the appropriate Affidavits of Consent and LAW OFFICES LIN R.MCCALEB -16- Waivers of Notice necessary to complete said Action in Divorce on the basis of mutual consent. Both parties agree that the terms of this Agreement shall be incorporated into, but not merged with, any Decree of Divorce which may be entered with respect to the parties and both parties agree to take all reasonable steps to have this Agreement incorporated into (but not merged with) any such Decree. Each party shall maintain his or her contractual remedies, as well as court-ordered remedies as the result of the aforesaid incorporation, or as otherwise provided by law or statute. Those remedies shall include, but need not be limited to, damages resulting from breach of this Agreement and/or specific performance of this Agreement or any part thereof, together with any other remedies that may be provided by the Pennsylvania Divorce Code; as amended, or other similar statute now in effect or as hereafter enacted. The parties further agree that the Court of Common Pleas that enters such Decree of Divorce shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions thereof. 19. ENFORCEMENT. If either party shall breach any term or provision of this Agreement, the other party, at his or her election, may proceed with an action at law for monetary damages and/or an action in equity for specific performance. Regardless of whether the action is at law or in equity, the party found to have breached this Agreement in whole or in part shall be liable to the non-breaching party for the'latter's attorney's fees and other reasonable costs and expenses incurred in such litigation. 20. SEVERABILITY. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, LAW OFFICES UIN R.McCALEB -17- condition, clause or provision of this Agreement, and if any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, all other provisions shall nevertheless continue to be in full force and effect. 21. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 22. ADVICE OF COUNSEL. Both parties covenant and agree that they have had ample and sufficient time to carefully and fully review the terms and provisions of this Agreement and to.seek and obtain the advice and counsel of an attorney with respect to same. Wife has engaged the services of Marlin R. McCaleb, Esquire, and Husband has had the opportunity to engage the services of legal counsel and has elected not to do so (or if he has sought the advice of legal counsel, he has not disclosed the identity of that counsel to Wife), and each'party has carefully reviewed the terms and conditions of this Agreement with counsel or has had the opportunity to do so. Both parties covenant and agree that they fully understand the facts upon which this Agreement is premised and based, that they believe that there has been full disclosure of assets, that they believe this Agreement to be fair, reasonable and equitable, that said Agreement is being entered into freely and voluntarily by each of them, and that the execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 23. INTEGRATION. This Agreement constitutes the entire understanding between the parties and supersedes any and all prior agreements and negotiations between them. LAW OFFICES ARLIN R. McCALEB _ 8_ Both parties further agree that there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever,,other than those contained herein. 24. AGREEMENT BINDING UPON HEIRS. This Agreement shall be binding upon the parties hereto and their respective heirs, executors, administrators and assigns. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. Witnessed by: IE�EAL) Laura J. e. Iin t (SEAL) Damien Devlin LAW OFFICES aRLIN R. McCALEB —19— COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF ) On this, the WZh day of 2006, before me, a Notary Public in and for the state and county aforesai , the undersigned officer, personally appeared DAMIEN DEVLIN known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. SEAL) NoGy Public COMMONWEALTH OF PENNSYLVANIA Notarial seal Tammy L Kelly,Notary Public city Of Harrisburg,Dauptii 30.2008 My Commis w Expires Sept i Member,Pennsylvania Association Of Notaries COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) On this, the ;27 day of r; , 2006, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared LAURA J. DEVLIN, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto my hand and official seal. (SEAL) Notary Public Notarial Seal Marlin R.McCaleb,Notary Public �nw OFFICES Mechan&sburg Boro,Cumberland County My Commission Expires Dec.14,2006 NRLIN R. McCALE6 -20- Member,Pennsylvania Association 01 Notaries VERIFICATION I, Laura Jones verify that the statements made in this Petition for Enforcement of Property Settlement Agreement pursuant to Pa. C.S. A. section 3105(a) are true and correct to the best of my knowledge, information and belief . 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. Dated: 5/17/13 ( X) Plaintiff ( ) Defendant MEYERS,DESFOR,SALTZGIVER&BOYLE 410 NORTH SECOND STREET • P.O.BOX 1062 • HARRISBURG,PA 17108 (717)236-9428 • FAX(717)236-2817 LAURA JEAN JONES-DEVLIN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-3591 DAMIEN DEVLIN, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this 1 day of May, 2013, that a copy of the foregoing Petition for Enforcement of Property Settlement Agreement pursuant to 23 Pa.C.S.A. W 3105(a) was sent via Certified Mail and Regular First-Class Mail, postage prepaid to: Damien Devlin 27 Harness Creek View Court Annapolis, MD 21403 Laurie i er, Es i \ Attorney for Plain f \ MEYERS,DESFOR,SALTZGIVER&BOYLE 410 NORTH SECOND STREET • P.O.BOX 1062 • HARRISBURG, PA 17108 (717)236-9428 • FAX(717)236-2817 LAURA JEAN JONES-DEVLIN, _Eat_ Plaintiff V. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2006-03591 CIVIL TERM Defendant I IN DIVORCE IN RE: PETITION FOR ENFORCEMENT OF PROPERTY SETTLEMENT AGREEMENT PURSUANT TO 23 PA. C.S.A. §3105(a) ORDER OF COURT AND NOW, this n th day of May 2013, upon consideration of the Petition for Enforcement of Property Settlement Agreement Pursuant to 23 Pa. C.S.A. §3105(a), a RULE is issued upon Defendant to show cause why the relief requested should not be PLAINTIFF shall serve this petition and Order of Court upon Defendant. Proof of service must be filed prior to the court entertaining a motion to make rule absolute. RULE RETURNABLE twenty (20) days from the date of service by PLAINTIFF. Thomas A. Placey C.P.J. , Distribution: VINIVAIASNN3d ,,-Damien Devlin A',Y'V'ION"OH10�1d A.I. _40 f7bat LC LAURA JEAN JONES-DEVLIN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-3591 _ D_: 4 r1 DAMIEN DEVLIN, CIVIL ACTION - LAW t'"Q ' � " Defendant IN DIVORCE PROOF OF SERVICE OF ORDER OF COURT IN RE: PETITION FOR ENFORCEMENT OF - PROPERTY SETTLEMENT AGREEMENT PURSUANT TO 23 PA. C.S.A. t13W(a) I • Complete items 1,2,and 3.Also complete A gnawre Rem 41f Rastdctetl Delivery Is tlesiretl. ❑Agar IL print your name and address on the reverse R f� _j 0 Md.. "'-so that we can return the card to you. Receivetl by(Poured Name) C. Oat.m O h ry •.Attach this card to the back of the mailpiece, t� t1 `^ �4�;.� or on the front if space pemlits. �.�'w 1. Article Addreesad to: D. IS deRwryaddreas dice art M1Om ssm t't ly It Y defvery address below: No ��0 - �7 I {grness eree��`�eo �F 1',` CDIAr+ AnI qo O O Regi eredal ❑R mRe Blip or MercM1eMlae 0 Insured Mall 0 C.O.O. 6. Restricted DdlYs,l(Extm Feel 0 Yes 2. Adkle Mamba 7012 1640 0002 5090 3970 f>•remlerbomaerNS labs') Ps Form 3811,February 2000 Domestic Return Receipt laaw AFIW MEYEBB,DESFOR,SALT2GIVEB 6 BOYLE 610 NORTH SECOND STREET • PO.BOX 1062 • HARRISBURG.PA 17108 (717(2369428 • FAX pVl 2362817 LAURA JEAN JONES-DEVLIN, IN TI IE COURI OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-3591 DAMIEN DEVLIN, CIVIL ACTION - LAW Defendant IN DIVORCE. CERTIpFFIICATE OF SERVICE I hereby certify on this_ _ d y of June,2013, that a copy of the foregoing Proof of Service of Order of Court in re: Petition for Enforcement of Property Settlement Agreement Pursuant to 23 Pa. C.S.A. §3105(a)was mailed, first-class,postage prepaid to: Damien Devlin 27 Harness Creek View Court Annapolis, MD 21403 Laurie A. Saltz iv uire g .; �4 Attorney for Plaintiff MEYERS,DESFOR,SALTZGIVER&BOYLE 610 NORTH SECOND STREET • PO.BOX 1062 • HARRISBURG.PA 17108 p1])236942E • FAX 017)236 2817 LAURA JEAN JONES-DEVLIN COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA. V. NO. 2006-03591 CIVIL TERM DAMIEN DEVLIN IN DIVORCE Defendant ANSWER TO PETITION FOR ENFORCEMENT OF PROPERTY SETTLEMENT AGREEMENT AND COUNTER-PETITION FOR ENFORCEMENT OF PROPERTY SETTLEMENT AGREEMENT AND NOW comes the Respondent, Damien Devlin, by and through his attorney, John F. King, Esq., and files an Answer to Plaintiffs Petition for Enforcement of Property Settlement Agreement, along with a Counter-Petition for Enforcement of the Property Settlement C_ti Agreement, and avers as follows: c � `, mca C_ r"F I. Admitted. n J c r. 2. Admitted. r c =C) 3. Admitted. z, ° 4. Admitted. -r: 5. The averments contained in paragraph 5 of the Plaintiffs Petition are admitted in part. By way of further answer, it is averred that paragraph 7(i) of the parties' Property Settlement Agreement reads as follows: As additional consideration for Wife's release of claims to marital property as set forth in this Paragraph 7, Husband covenants and agrees to pay to Wife the principal sum of$179,000 in cash within seven (7)years of the date hereof, time being of the essence hereof. Husband's obligations under this Paragraph 7(1) shall be secured by a judgment note of even date herewith, in favor of Wife, to be executed and delivered by him to her upon the execution and delivery of this Agreement. By way of further answer, it is averred that the judgment note, as required by the Property Settlement Agreement, was properly executed and delivered unto Petitioner/Wife. 6. After reasonable investigation, Husband is without sufficient information necessary to determine the truth or falsity of the averments contained in paragraph 6 of the Plaintiffs Petition, and the averments are therefore denied, and proof thereof is demanded. 7. After reasonable investigation, Husband is without sufficient information necessary to determine the truth or falsity of the averments contained in paragraph 7 of the Plaintiffs Petition, and the averments are therefore denied, and proof thereof is demanded. 8. It is admitted that by way of Wife's Petition, she has demanded payment by Husband in the amount of$109,000.00. It is admitted that Husband has not made the additional payment of$109,000 as demanded in the Petition of Wife. 9. The averments contained in paragraph 9 of the Petition are admitted. except that Husband denies having refused to provide Wife with proof that the insurance remains in effect. 10. The averments contained in paragraph 10 of Wife's Petition are denied, and proof thereof is therefore demanded. 11. After reasonable investigation, Husband is without sufficient information necessary to determine the truth or falsity of the averments contained in paragraph 11 of the Plaintiffs Petition, and the averments are therefore denied, and proof thereof is demanded. 12. Admitted. 13. Admitted. WHEREFORE, it is respectfully requested that the Court deny Petitioner's relief as requested. RESPONDENT/HUSBAND'S COUNTER-PETITION FOR ENFORCEMENT OF PROPERTY SETTLEMENT AGREEMENT 14, The averments contained in paragraphs I through 13 above are hereby incorporated as if set forth at length. 15. As evidenced by language in the Property Settlement Agreement, namely paragraph 4(c), the parties were the owners of the following investment accounts with Edward Jones: A. Account No. 270-11324-1-3, in the name of Laura J. Jones-Devlin, custodian for Tamara Grace Devlin under the Pennsylvania Uniform Transfer to Minors Act, having a balance as of January 27, 2006, in the amount of$1,101.42; B. Account No. 270-12402-1-6, in the name of Laura J. Jones-Devlin, custodian for Brynn Aine Devlin under the Pennsylvania Uniform Transfer to Minors Act, having a balance as of January 27, 2006, in the amount of$949.17; C. Account No. 73905779 (Section 529 Plan), in the name of Laura J. Jones- Devlin, representing the college fund for Tamara and Brynn and having a balance as of January 27, 2006, in the amount of$28,817,.97; D. Account No. 75712237 (Section 529 Plan), in the name of Laura J. Jones- Devlin, representing the college fund for Tamara and Brynn and having a balance as of January 27, 2006, in the amount of$14,527.00. 16. Paragraph 7(c) of the parties' Property Settlement Agreement states in part, as follows: "Both parties covenant and agree that Wife shall continue to hold the Ed14%ard Jones accounts described in Paragraph 4(c)(iv), (v), (vi) and(vii), above, as custodian for their minor children, Tamara Grace Devlin and Brynn Aine Devlin." 17. The Edward Jones accounts identified in paragraph 4(c)(iv), (v), (vi) and (vii), of the Property Settlement Agreement are the same accounts identified in paragraph 15 herein. 18. Despite demands, Wife has failed and refused to provide to Husband documentation and evidence of her continuing to hold the aforementioned Edward Jones accounts as custodian for the minor children, Tamara Grace Devlin and Brynn Aine Devlin. WHEREFORE, the Respondent, Damien Devlin, hereby respectfully requests this Honorable Court to order the Petitioner, Laura J. Jones-Devlin to provide evidence and documentation of her continued maintenance of the Edward Jones accounts as described in paragraph 4(c)(iv), (v), (vi) and (vii) in the Property Settlement Agreement, as custodian for the minor children, Tamara Grace Devlin and Brynn Aine Devlin. Dated: June , 2013 � f F. King, Esquire 0— ID #61919 4076 Market Street, Suite 1 Camp Hill, PA 17011 (717) 695-2222 Attorney for Defendant VERIFICATION 1, Damien Devlin, hereby acknowledge that 1 am the Respondent in the foregoing action;that T have read the foregoing Answer to Plaintiff s Petition for Enforcement of a Property Settlement Agreement and Counter-Petition; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ,�� �� , 2013 Damien Devlin 113 3FiVJ 103 Hl-lb301HOWHLIO GSZV969OLS b9:6T 666T/b13/1I3 CERTIFICATE OF SERVICE I, Sharry Semans, hereby certify that on June , 2013, 1 served a copy of the Defendant's Answer to Plaintiffs Petition for Enforcement of a Property Settlement Agreement and Counter-Petitioner, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Meyers, Desfor, Saltzgiver& Boyle 410 N. Second Street PO Box 1062 Harrisburg, PA 17108 Sharry Semans