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HomeMy WebLinkAbout06-6491r Diana Lynn DeLancey, Plaintiff V. Ricky Lee DeLancey, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.O(LSC9l Civil Term CIVIL ACTION --LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013-3387. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 r 1041 Diana Lynn DeLancey, Plaintiff V. Ricky Lee DeLancey, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.OL- Civil Term CIVIL ACTION --LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) and 3301(d) OF THE DIVORCE CODE AND NOW, comes Plaintiff, Diana Lynn DeLancey, by and through her attorney, Stephen O. Fugett, Esquire, who files this Complaint in Divorce under Sections 3301(c) and 3301(d) of the Divorce Code, and who, in support thereof, avers as follows: 1. Plaintiff is Diana Lynn DeLancey, who currently resides at 1902 Market Street, Camp Hill, 17011, Cumberland County, Pennsylvania, since June 10, 2006. 2. Defendant is Ricky Lee DeLancey, who currently resides at 35 North Fourth Street, Apartment 16, Newport, 17074, Perry County, Pennsylvania, since June 2, 2006. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 5, 1981 in Wila Perry County, Commonwealth of Pennsylvania. 5. The parties separated on June 2, 2006 and have been living separate and apart since then. 6. There have been no prior actions of divorce or annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Neither the Plaintiff nor the Defendant is in the military or naval service or in any branch of the armed forces of the United States of America or its allies or is otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. 10. Plaintiff requests the court to enter a decree of divorce. VERIFICATION I have read the foregoing Complaint in Divorce, and I verify that the statements made therein 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.A. §4904 relating to unsworn falsification to authorities. Dated: 111JJ1)4 Ale" C-e-IC14 Diana Lynn eLancey, Plaintiff Respectfully submitted, Patrick / Fugett Associates ;Rpk ?9 ai;- Stephen O. Fugett, squire PA Supreme Court ID No. 85643 240 South 18th Street Camp Hill, PA 17011 Telephone: (717) 737-2390 Facsimile: (717) 737-7367 ;rj ? t Diana Lynn DeLancey, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO.0E -16 y5/ Civil Term Ricky Lee DeLancey, CIVIL ACTION --LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint In Divorce under 23 Pa.C.S. §3301(d). I certify that I am authorized to accept service on behalf of the defendant. Date Ricky ee eLancey, efend DIANA LYNN DELANCEY, Plaintiff V. RICKY LEE DELANCEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 06-6491 Civil Term CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 7, 2006. 2. The marriage between Plaintiff and Defendant is irretrievably broken. 3. Ninety (90) days have elapsed from the date of filing and service of the Complaint. 4. 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 unworn falsification to authorities. Date: off' b le ?- 4?? 4, Diana Lynn De cey, Plaintiff rv ? :eIM O 09 DIANA LYNN DELANCEY, Plaintiff V. RICKY LEE DELANCEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 06-6491 Civil Term : CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) and § 3301(d) 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, attorney's fees and expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 16107 r-,", &.0w Diana Lynn DeL cey, Plaintiff o c -. -T, ril - Ft, CD _ CD DIANA LYNN DELANCEY, Plaintiff V. RICKY LEE DELANCEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 06-6491 Civil Term CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 7, 2006. 2. The marriage between Plaintiff and Defendant is irretrievably broken. 3. Ninety (90) days have elapsed from the date of filing and service of the Complaint. 4. 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 falsification to authorities. Date: ??' ?;? _ _,?:• Y Ricky Lee Yancey, Defendant ?:y ? ? ??'?'" ? - ? ?. a ? ?. ? . _ ..t. ? ^x? ? ? DIANA LYNN DELANCEY, Plaintiff v. RICKY LEE DELANCEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 06-6491 Civil Term CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) and § 3301(d) 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, attorney's fees and expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: _ f Dicky f ee DeLancey, befe nt t a ? _ JCD a . ? J- , f _4 + 17-i I ? J s?.ti_-. ern C7) '-G DIANA LYNN DELANCEY, Plaintiff V. RICKY LEE DELANCEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 06-6491 Civil Term CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 7, 2006. 2. The marriage between Plaintiff and Defendant is irretrievably broken. 3. Ninety (90) days have elapsed from the date of filing and service of the Complaint. 4. 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 falsification to authorities. Date: 411 -?'/d 7 (X c Diana Lynn De ancey, Plaintiff C rr, i 13 DIANA LYNN DELANCEY, Plaintiff V. RICKY LEE DELANCEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 06-6491 Civil Term CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) and § 3301(d) 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, attorney's fees and expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: Z- Diana L DeLancey, laintiff a ? i. ,' _ o o DIANA LYNN DELANCEY, Plaintiff V. RICKY LEE DELANCEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 06-6491 Civil Term CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) and § 3301(d) 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, attorney's fees and expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: l d y a?w? Ricky e eLancey, D endan C c°a ? " -..r ? ??,_ ... ? ?3 r.. ? _ ' 1 ? ?..?? C ,.. . .. ?.? ? ,Y ? ( L ,?- ?"?. s: ..qr ? "? DIANA LYNN DELANCEY, Plaintiff V. RICKY LEE DELANCEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 06-6491 Civil Term CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 7, 2006. 2. The marriage between Plaintiff and Defendant is irretrievably broken. 3. Ninety (90) days have elapsed from the date of filing and service of the Complaint. 4. 1 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 falsification to authorities. Date: ae- ?- ;!?? Diana Lynn De ancey, Plaintiff ra s- T7 i DIANA LYNN DELANCEY, Plaintiff V. RICKY LEE DELANCEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 06-6491 Civil Term CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) and § 3301(d) 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, attorney's fees and expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: dezw-- /-? '4 Diana Lynn eLancey, Plaintiff ?, N ` ?_. =D DIANA LYNN DELANCEY, Plaintiff V. RICKY LEE DELANCEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 06-6491 Civil Term CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 7, 2006. 2. The marriage between Plaintiff and Defendant is irretrievably broken. 3. Ninety (90) days have elapsed from the date of filing and service of the Complaint. 4. 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 unworn falsification to authorities. 1 Date: Ricky ee DeLancey, endant ?.? na ? ?? °?' .? - -- _., rt -i ;?7 r,;. .., _ - _ _ _. >?' i ?_ -??a r-.? -, =-? DIANA LYNN DELANCEY, Plaintiff V. RICKY LEE DELANCEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 06-6491 Civil Term CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) and § 3301(d) 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, attorney's fees and expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: '?? z Rick ee DeLancey, efen t MARRIAGE SETTLEMENT AGREEMENT f THIS AGREEMENT, consisting of pages, including this page, is made this day of 5200 , by and between: DIANA LYNN DELANCEY hereinafter referred to as Wife; --A N D-- RICKY LEE DELANCEY hereinafter referred to as Husband; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on the 51h day of September, 1981, in Wila, Perry County, Pennsylvania; WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties (hereinafter referred to interchangeably as "spouses" in the plural and "spouse" in the singular) causing them to believe that their marriage is irretrievably broken, as a result of which the parties have separated, currently live separate and apart, and intend to continue living separate and apart for the rest of their natural lives, both parties acknowledging that there exists no reasonable expectation of reconciliation, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of marital property of real, personal or mixed nature, tangible or intangible, wheresoever situate; the settling of all matters between them relating to joint and individual debts; Page 1 of 13 the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; the settling of all matters between them relating to the past, present and future support and/or maintenance of the child(ren); the implementation of custody/visitation arrangements for the minor child(ren) of the parties; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates, particularly those responsibilities and rights growing out of the marriage relationship; NOW, THEREFORE, in consideration of the foregoing premises and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: DIVORCE AND SEPARATION The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) or Section 3301(d) of the Divorce Code of 1980. It shall be lawful for Husband and Wife, at all times hereafter, to live separate and apart from the other, and to reside from time to time at such place or places as they shall respectively deem fit, free from any authority, control, restraint, or interference whatsoever by the other, as if each party were single and unmarried. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her, or in any way malign or harass the other, by any legal or other proceedings or means. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. The parties acknowledge that a divorce action has been filed in the Court of Common Page 2of13 Pleas of Cumberland County, Pennsylvania at docket number 06-6491. The parties agree that they will execute and file Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Divorce Decree in the aforementioned matter 90 days after service of the Divorce Complaint. Thereafter, counsel for Plaintiff shall file a Divorce Information Sheet and Praecipe to Transmit Record and obtain a divorce decree. EFFECTIVE DATE The effective date of this AGREEMENT shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed the AGREEMENT on the same date. Otherwise, the "date of execution" or "execution date" of this AGREEMENT shall be defined as the date of execution by the party last executing this AGREEMENT. EQUITABLE DIVISION By this AGREEMENT, the parties have intended to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being affected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers herein as non-taxable. DIVISION OF PROPERTY Page 3 of 13 The parties represent and warrant to each other that the property described in this AGREEMENT represents all of the property in which they have any right, title and/or interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. Husband and Wife agree that the following constitutes an equitable distribution of all marital property of real, personal or mixed nature, wheresoever situate, as defined in the Divorce Code of 1980: A. Husband's Property. The following property shall become the sole and exclusive property of Husband: 1. various items of personalty accumulated over the course of the marriage; 2. Chevrolet pickup truck. B. Wife's Property. The following property shall become the sole and exclusive property of Wife: 1. various items of personalty accumulated over the course of the marriage; 2. Chevrolet Venture van; 3. Retirement annuity. C. Marital Residence. Neither Husband nor Wife, individually or jointly, own any real property D. Pensions. Husband agrees to forever release, quitclaim and waive any and all right, title or interest he has had, now has, or may have in the future, in any pension funds Page 4of13 to which Wife was, is now, or may become, entitled, by reason of the marital relation or otherwise. Wife agrees to forever release, quitclaim and waive any and all right, title or interest she has had, now has, or may have in the future in any pension funds to which Husband was, is now, or may become, entitled, by reason of the marital relation or otherwise. G. Additional Documentation. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. H. Satisfactory Division of Marital and Non-Marital Property. Husband and Wife hereby acknowledge that they have divided, to their mutual satisfaction, all of their marital and non-marital assets, including but without limitation, business interests, partnerships, inheritances, jewelry, clothing, pensions, brokerage accounts, stocks, bonds, life insurance policies or other securities, individual retirement accounts, 401(k), employment benefits, checking and savings accounts, mutual funds and other assets, whether real, personal or mixed, tangible or intangible. 1. Transfers Subiect to Existina Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to any existing lien or liens. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. Page 5 of 13 I After-Acquired Property. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. K. Relinquishment of Rights. Except as expressly provided herein, Husband forever relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets now belonging to Wife, and Wife forever relinquishes any right, title or interest she may now or hereafter have in any tangible or intangible assets now belonging to Husband. DEBTS Husband and Wife agree to be solely and individually responsible for the joint debts of the parties as follows: There are no existing joint debts to divide. Husband and Wife shall each be solely responsible for promptly paying all debts, contracts, obligations or liabilities incurred at any time in the past in their respective names, including but not limited to personal loans, charge accounts and credit cards. INDEMNIFICATION Both parties represent and warrant to the other that they have not incurred, and in the Page 6of13 future will not contract or incur, any debt, obligation or other liability for which the other or the estate of the other might be responsible, other than those stated in this AGREEMENT. Each spouse covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other spouse liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other spouse in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees, court costs and other costs and expenses incurred in investigating or attempting to avoid same or in opposing the imposition thereof; or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this AGREEMENT, any breach of any of the warranties made by Husband or Wife in this AGREEMENT, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this AGREEMENT. TAXES The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, Page 7of13 penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. The parties have agreed to file their federal income taxes for the year 2006 as married filing jointly. The 2006 tax refund shall be divided between the parties as follows: ALIMONY In exchange for and in consideration of the promises and representations made hereunder, Husband and Wife hereby waive and release any and all right, title, interest, claims or demand of whatsoever nature which he or she now has or hereafter can, shall or may have against the other or the respective separate property of the other under the laws of the Commonwealth of Pennsylvania or any other governing state, country, territory or jurisdiction in the nature of spousal support, separate maintenance or support, alimony, either pendente lite, temporary, rehabilitative, permanent or lump sum and right to seek equitable or community distribution or division or assignment of property or similar marital rights. INSURANCE A. Health Insurance. Husband and Wife shall be solely responsible for obtaining and maintaining insurance in their respective names. B. Car Insurance. Husband and Wife shall be solely responsible for obtaining and maintaining insurance on the automobiles they are keeping pursuant to this AGREEMENT, as Page 8 of 13 stated above. COUNSEL FEES. COSTS and EXPENSES Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. FULL DISCLOSURE The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of, and is familiar with and cognizant of, the wealth, real, personal and/or mixed property, tangible or intangible, wheresoever situate, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this AGREEMENT is specifically waived. MUTUAL RELEASE It is the intention of Husband and Wife to give each other, by the execution of this AGREEMENT, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, tangible or intangible, wheresoever situate, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this AGREEMENT or for the breach of any provision hereof. Therefore, each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come and for all purposes whatsoever, from any and all rights, title, interest, or claims that each may now have, or hereafter Page 9of13 have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of the other, or by way of dower or curtesy, or claim in the nature of dower or curtesy, or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against each other's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, or any rights which either party may now have or at any time hereafter have for the past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs, or expenses, whether arising as a result of the marital relation or otherwise, except all rights and agreements and obligations of whatsoever nature arising or which may arise under this AGREEMENT or for the breach of any provision thereof. GENERAL PROVISIONS This AGREEMENT constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. MUTUAL CONSENT/ADVICE OF COUNSEL By their signatures below, both parties acknowledge that the provisions of this AGREEMENT and their legal effect have been fully explained to each by their respective counsel, if any. Each party acknowledges that he or she have received independent legal advice from counsel of his or her selection, or has had full and fair opportunity to obtain such advice from counsel of his or her choosing, and if not, waives the right to such counsel. Each party Page 10 of 13 acknowledges that he or she fully understands the facts and have been fully informed as to his or her legal rights and obligations hereunder. Each party acknowledges and accepts that this AGREEMENT is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that 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. BREACH It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this AGREEMENT, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, (optional - to rescind this AGREEMENT,] or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. EXECUTION OF DOCUMENTS Each party shall, on demand, execute any other documents that may be necessary or advisable to carry out the provisions of this AGREEMENT. MODIFICATION No modification, rescission or amendment to this AGREEMENT shall be effective unless in writing and signed by each of the parties hereto. Page 11 of 13 SEVERABILITY If any provision of this AGREEMENT is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. APPLICABLE LAW This AGREEMENT shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness: (04?? Diana ynn DeL ey, Wife .Q? icky e DeLancey, Husb Page 12 of 13 COMMONWEALTH OF PENNSYLVANIA / / SS. a? COUNTY OF rJm,Uer la 17 Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Diana Lynn DeLancey, who being duly sworn according to law deposes and says that he is a party of the foregoing AGREEMENT and he executed same for the purposes therein contained. 2 ?h Witness my hand and seal this day of Q , 2001. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jacqueline L. Mauro, Notary Public East Pennsboro Twp., Cumberland County My Commission Expires Aug. 13, 2009 Member, Pennsvlvania Association of Notaries of Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA covrrTY of u m & r /0,#/7 d : ss. Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Ricky Lee DeLancey, who being duly sworn according to law deposes and says that he is a party of the foregoing AGREEMENT and he executed same for the purposes therein contained. Witness my hand and seal this day of 200j. COMMONWEALTH OF PENNSYLVANIA Not Public Notarial Seal Jacqueline L. Mauro, Notary Public My Commission Expires: East Pennsboro Twp., Cumberland County My Commission Expires Aug. 13, 2009 Member, Pennsylvania Association of Notaries Page 13 of 13 ?? r-'' C ? ? -- t,..;; ?i-? -? , ?-. ...? .!F "? ,.,.°° S __ ? _ _..t? r, ? -? ? ?. .,,^+. P DIANA LYNN DELANCEY, Plaintiff V. RICKY LEE DELANCEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 06-6491 Civil Term : CIVIL ACTION -LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c)/3301(d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service, executed by Defendant on November 14, 2006. 3. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by the plaintiff May 11, 2007; by the defendant on May 11, 2007. 4. Related claims pending: None. 5. Date plaintiff's Waiver of Notice was filed with the Prothonotary: May 21, 2007. Date Defendant's Waiver of Notice was filed with the Prothonotary: May 21, 2007. i 0. Fugett, L, for Plaintiff f'? ? ? .? t _. t..- --i ? ?s; ri ` 1?'F?w.. - - - ? ..:i y :4 ??_ ? y, ? .? ? .? i v "?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DIANA LYNN DELANCEY, Plaintiff VERSUS RICKY LEE DELANCEY, Defendant No. 06-6491 DECREE IN DIVORCE AND NOW, 1Z` IT IS ORDERED AND DECREED THAT DIANA LYNN DELAANCEY PLAINTIFF, AND RICKY LEE DELANCEY ARE DIVORCED FROM THE BONDS OF MATRIMONY. , DEFENDANT, 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; It is further ORDERED and DECREED that the Marriage Settlement Agreement, dated the 7th day of May, 2007, is incorporated by reference into this Decree for the purposes of enforcement, but shall not be deemed to have been merged with this Decree, E A ca, it - ? a - I/-0I