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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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PENNA.
STATE OF
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KIMBERLY A. HENNESSEY
No.
00-3145
Plaigtiff
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VERSUS
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saAWN A. HENNESSEY
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DAfpnn;=ant-
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DECREE IN
DIVORCE
AND NOW,
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, 2001 ,iT is ORDERED AND
DECREED THAT
KIMBERLY A. HENNESSEY
PLAINTIFF,
AND
SHAWN A. HENNESSEY
, DEFENDANT,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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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; ~
All related claims have been settled by ~ M~rital S~ttl~rnent
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part
as if fully
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ATTEST:
PROTHONOTARY
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MARITAL SETTLEMENT AGREEMENT
TillS AGREEMENT, made this ]"7!11 day of v.t6vv~ ' 2004, by and between
KIMBERLY A. HENNESSEY, of Mechanics burg, Cumberland County, Pennsylvania (hereinafter
referred to as 'WIFE") and SHAWN A. HENNESSEY, of Dauphin County, Pennsylvania
(hereinafter referred to as "HUSBAND"):
WITNESSETH:
WHEREAS, the parties were married on December 2, 1992 at Mechanicsburg, Cumberland
County, Pennsylvania;
WHEREAS, the following child was born during the marriage: Paige E. Hennessey, born
December 10, 1994;
WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the
parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties
hereto are desirous of settling 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 in relation to the ownership and equitable distribution of real and personal
property; settling of all matters between them relating to the past, present and future support, alimony
and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of custody matters
and in general, the settling of any and all claims and possible claims by one against their respective
estates.
NOW, THEREFORE, in consideration of the 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 hereto, HUSBAND and WIFE, each
intending to be legally bound hereby covenant and agree as follows:
1. INTERFERENCE: Each party shall be free from interference, authority, and contact
by the other, as fully as though he or she were single and unmarried, except as may be necessary to
carry out the provisions of this Agreement. Neither party shall molest the other or attempt to
endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass
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or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the
other.
2. AGREEMENT NOT A BAR TO DIVORCE PROCREDINGS: This Agreement
shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful
grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to
either party, 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 the other party which
have occasioned the disputes or unhappy differences which have occurred prior to or which may
occur subsequent to the date hereof.
3. SUBSEOUENT DIVORCE: The parties hereby acknowledge that WIFE filed a
Complaint in Divorce in Cumberland County, Pennsylvania on May 22, 2000 claiming that the
marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The
parties hereby express their agreement that the marriage is irretrievably broken and express heir
intent to execute any and all Affidavits or other documents necessary for the parties to obtain an
absolute divorce pursuant to Section3301(c) of the Divorce Code. The parties hereby waive all
rights to request court ordered counseling under the Divorce Code. It is further specifically
understood and agreed by the parties that the provisions of this Agreement as to equitable
distribution of property of the parties are accepted by each party as a final settlement for all purposes
whatsoever, as contemplated by the Pennsylvania Divorce Code.
Shocld a decree, judgment or order of divorce be obtained by either of the parties in this or
any other state, country or jurisdiction, each of the parties hereby consents and agrees that this
Agreement and all of its covenants shall not be affected in any way by such separation or divorce;
and that nothing in any such decree, judgment, order or further modification or revision thereof shall
alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall
remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and
to be forever binding and conclusive upon the parties.
4. INCORPORATION OF DIVORCE DECRRE: It is further agreed, covenanted
and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree
hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been
or may be instituted by the parties for the purpose of enforcing the contractual obligations of the
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parties, This agreement shall not be merged in any such decree but shall in all respects survive the
same and be forever binding and conclusive upon the parties,
5. 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 this Agreement on the same date. Otherwise, the "date of execution" or
"execution date" of this Agreement shall be defmed as the date of execution by the party last
executing this Agreement.
6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided
for herein, shall only take place on the "distribution" date which shall be defined as the date of
execution of this Agreement unless otherwise specified herein, However, the support and/or alimony
payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement.
7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise,
release, quit-claim and forever discharge the other and the estate of such other, for all time to come,
and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or
against the property (including income and gain from property hereafter accruing) of the other or
against the estate of such other, of whatever nature and wheresoever situated, which he or she now
has or at any time hereafter may have against the other, the estate of such other or any part hereof,
whether arising out of any former acts, contracts, engagements or liabilities of such other or by way
of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights,
family exemption or similar allowance, or under the intestate laws, or the right to take against the
spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other
rights of a surviving spouse to participate ina deceased spouse's estate, whether arising under the
laws of (a) Pennsylvania, (b) any State,Commonwealth or territory of the United States, or (c) any
country or any rights which either party may have or at any time hereafter shall have for past, present
or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property,
costs or expenses, whether arising as a result of the marital relations 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 provisions thereof. 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, which the other now
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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 thereof. It is further agreed that this Agreement shall be and constitute a full and fmal
resolution of any and all claims which each of the parties may have against the other for equitable
division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims
pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction.
8. REPRESENTATION BY COUNSEL: This agreement has been prepared by
Timothy J. Colgan, Esquire, counsel for WIFE. At the commencement of and at all stages during
the negotiation of this Agreement, HUSBAND has been informed that Timothy J. Colgan, Esquire
has acted solely as counsel for WIFE and has not advised nor represented HUSBAND in any manner
whatsoever. HUSBAND, at the commencement of and at all stages during the negotiation of this
Agreement, has been advised that he could be represented by counsel but at all times has elected not
to be so represented. HUSBAND has read this Agreement carefully and thoroughly, fully
understanding each of its provisions, and therefore signs it clearly and voluntarily.
The parties acknowledge that Agreement is not the result of any duress, undue influence,
coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they
have each made to the other a full and complete disclosure of their respective assets, estate,
liabilities, and sources of income and that they waive any specific enumeration thereof for the
purposes of this Agreement.
9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that
they have not heretofore incurred or contracted for any debt or liability or obligation for which the
estate of the other party may be responsible or liable except as may be provided for in this
Agreement. Each party agrees to indemnify and hold the other party harmless for and against any
and all such debts, liabilities or obligations of every kind which may have heretofore been incurred
by them, including those for necessities, except for the obligations arising out of this Agreement.
10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE
covenant, warrant, represent and agree that, with the exception of obligations set forth in this
Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the
other may be liable. Each party shall indemnify and hold harmless the other party for and against
any and all debts, charges and liabilities incurred by the other after the execution date of this
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Agreement, except as may be oilierwise specifically provided for by the terms of this Agreement.
11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have
divided between them, to their mutual satisfaction, the personal effects, household furniture and
furnishings, and all other articles of personal property which have heretofore been used by them in
common, and neither party will make any claim to any such items which are now in the possession
or under the control of the other. Should it become necessary, the parties each agree to sign any titles
or documents necessary to give effect to this paragraph upon request.
By these presents, each of the parties hereby specifically waives, releases, renounces and
forever abandons whatever claims he or she may have with respect to any personal property which
is in ilie possession of the other, and which shall become the sole and separate property ofilie other
from the date of execution hereof.
12. MARITAL DEBTS: HUSBAND and WIFE agree that ilie following marital debts
exist:
a. Cross Country Bank Visa with an estimated balance of $3,800.00;
b. Capital One MasterCard wiili an estimated balance of $275.00;
c. JC Penny credit card wiili an estimated balance of $100.00;
d. Beneficial personal loan with an estimated balance of$3,000.00;
HUSBAND shall assume responsibility the debt identified in subparagraph (a). WIFE shall
assume responsibility for the debts identified in subparagraphs (b), (c), and (d). Boili parties agree
and further promise that iliey will now and at all times hereafter save harmless and keep the oilier
or their estate indemnified and held harmless from the debts identified above, and from all actions,
claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and
counsel fees whatsoever, pertaining to such actions, claims and demands.
13. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess
certain bank accounts and the like in their respective names. They hereby agree that each shall
become sole owner of their respective accounts and they each hereby waive any interest in, or claim
to, any funds held by the other in any accounts.
14. PENSIONS. ANNUITIES AND/OR RETIREMENT BENEFITS: HUSBAND
has retirement benefits. HUSBAND and WIFE agree to sign a qualified domestic relations order
immediately upon WIFE'S request which allows WIFE to receive Eighteen Thousand Five
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Hundred and 00/100 ($18,500.00) Dollars from the HUSBAND'S retirement benefits. WIFE shall
be entitled to a pro rata share of gains, losses and expenses from the date of execution to the date of
distribution. WIFE thereafter, waives any right or interest she may have in the retirement accounts
of HUSBAND,
15. MOTOR VEIllCLES: With respect to the motor vehicles owned by one or both
of the parties, they agree. that any vehicle in the possession of either party shall become the sole and
exclusive property of the party in possession. The parties shall execute the titles necessary to transfer
ownership of the vehicles in compliance herewith. Each party agrees to indemnify and hold the other
party harmless for and against any debt, liability or obligation of any kind which may have heretofore
been incurred by them or which may be incurred by them after the execution of this agreement.
16. AFTER-ACOUIRED 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.
17. CUSTODY: Custody of the minor child, Paige E. Hennessey, dob 12/10/94 shall
be as follows:
A. Legal Custody Defined. The parties agree that major decisions concerning the child's
health, welfare, education, religious training and upbringing shall be made by the parents
jointly, after discussion and consultation with each other, with a view towards obtaining and
following a harmonious policy to arrive at a decision that is in the child's best interest. Each
party agrees to keep the other informed of the progress of the child's education and social
adjustments. Each party agrees not to impair the other parties' right to share legal custody of
the child. Further, each party agrees to give support to one another in the role as parents and
to take into account the consensus of the other parent for the physical and emotional well
being of the child. The parties agree not to either attempt or alienate the affections of the
child for the other parent. Each party shall notify the other of any activity that could
reasonably be expected to be of significant concern to the other. The parties agree that the
child will be encouraged to contact their mother and father by telephone at all reasonable
times.
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B. Primary Custody. Primary physical custody of the minor child, as that term is defined
in the Custody Act 1985, October 30, P.L. 264, No 66, Section 1,23 Pa.C.S.A. 5301 et seq.
shall be in Mother.
C. Partial Custody. Father shall enjoy partial physical custody, as defined in the
aforementioned Act, on one mutually agreed upon day per week from 12:00 p.m. until 7:30
p.m., uuless other arrangements are mutually agreed upon by the parties.
D. Summer Months. Father shall enjoy partial physical custody, as defined in the
aforementioned Act, on one mutually agreed upon day per week from 12:00 p.m. until 8:00
p.m., uuless other arrangements are mutually agreed upon by the parties,
E. School Year. Father shall enjoy partial physical custody, as defined in the
aforementioned Act, on two mutually agreed upon days per week. Day one shall be from
after school until 7:00 p.m. Day two shall be one weekend day from 11 :00 a.m. until 7 :00
p.m., uuless other arrangements are mutually agreed upon by the parties.
F. Holidays. The parties shall share holidays as mutually agreed.
G. Overnil!ht Visits. Although there are no scheduled overnight visits for Father, Father
shall be entitled to overnight visits upon mutual agreement of the parties.
H. Notice. Father shall provide Mother with five days notice of his intended periods of
partial custody.
18. HEALTH INSURANCE: WIFE provides health insurance for the child. The
parties shall share the uncovered medical expenses in an amount in proportion to their incomes,
19. INCOME TAX: 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, 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.
20. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties
hereby agree and express their intent that any transfer of property pursuant to this Agreement shall
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be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"),
specifically, the provisions of said Act pertaining to the transfers of property between spouses and
former spouses. The parties agree to sign and cause to be filed any elections or other documents
required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this
Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions
of said Act.
21. WAIVER OF ALIMONY: Except as otherwise provided herein, HUSBAND and
WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are
satisfactory with regard to spousal support and maintenance, past, present and future. The parties
release and discharge the other absolutely and forever for the rest of their lives from all claims and
demands, past, present or future, for alimony, alimony pendente lite or for any provision for support
or maintenance, The parties further acknowledge that in consideration of the transfers made herein
each completely waives and relinquishes any and all claims and/or demands they may now have or
hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and
court costs.
22. CHILD SUPPORT: HUSBAND shall pay to WIFE as child support, the amount as
ordered by any Domestic Relations Section in this state or any other state having jurisdiction over
the matter.
23. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise
specifically provided herein, this Agreement shall continue in full force and effect after such time
as a final Decree in Divorce may be entered with respect to the parties.
24. BREACH: If either party breaches any provision of this Agreement, the other party
shall have the right, at his or her election to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, and the party breaching this contract shall be
responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their
rights under this Agreement.
25. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may
dispose of his or her property in any way, and each party hereby waives and relinquishes any and all
rights he or she shall now have or hereafter acquire, under the present and future laws of any
jurisdiction, to share in the property or the estate of the other as a result of the marital relationship,
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including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take
in intestacy, right to take against the Will of the other, and the right to act as administrator or
executor of the other's estate, and each will, at the request of the other, execute, acknowledge and
deliver any and all instruments which may be necessary or advisable to carry into effect this mutual
waiver and relinquishment of such interests, rights and claims.
26. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there 'are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall
inure to the benefits of the parties hereto and their respective heirs, executors, administrators,
successors and assigns.
28. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at
the request of the other, execute, acknowledge and deliver to the other any and all further instruments
that may be reasonably required to give full force and effect to the provisions of this Agreement.
29. VOID CLAUSES: If any term, condition, clause or provision of this Agreement
shall be determined or declared to be void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this Agreement and in all other respects this
Agreement shall be valid and continue in full force, effect and operation.
30. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and
agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate
and independent Agreement.
31. FINANCIAL DISCLOSURE: The parties confIrm that they have relied on the
completeness and substantial accuracy of the financial disclosure of the other as an inducement to
the execution of this Agreement. The parties acknowledge that there has been no formal discovery
conducted in their pending divorce action and that neither party has filed an inventory and
appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding
the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the
Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any
time prior to the date of execution of this Agreement that was not disclosed to the other party or his
or her counsel prior to the date of the within Agreement is expressly reserved. In the event that
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either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right
to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said
asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses
incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the
foregoing the Agreement shall in all other respects remain in full force and effect.
32. MODIFICATION AND WAIVER: A modification or waiver of any of the
provisions of this Agreement shall be effective only if made in writing and executed with the same
formality as this Agreement. The failure of either party to insist upon strict performance of any of
the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the
same or similar nature.
33. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for
convenience only. They shall have no affect whatsoever in determining the rights or obligations of
the parties.
34. APPLICABLE LAW: This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any
amendments thereto.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and
year first above written.
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
KlMBERL Y A. HENNESSEY
Plaintiff
vs.
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CIVIL ACTION -- LAW IN DIVORCE
NO. 00-3145 CIVIL TERM
SHAWN A. HENNESSEY *
Defendant
PRAECIPE TO TRANSMIT THE 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 ~3301(c) of the Divorce Code.
2. Date and manner of service of the complaint: Certified Mail, Return Receipt dated May
24, 2000.
3, Complete either paragraph (a) or (b)
(a) Date of execution of the Affidavit of Consent required by
S3301(c) of the Divorce Code: by the Plaintiff: February 27, 2001;
by the Defendant: February 27, 2001.
(b )(1 )Date of execution of the affidavit required by S3301 (d) of the
Divorce Code:
(2) Date of filing and service of the Affidavit upon the respondent:
4, Related claims pending: All related claims have been settled by a Marital Settlement
Agreement dated Febmary 27, 2001.
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5. Complete either (a) or (b)
(a) Date and manner of service of the notice of intention to file
praecipe to transmit the record, a copy of which is attached:
(b) Date Plaintiff's Waiver of Notice in ~3301(c) was filed: March 5,
2001.
Date Defendant's Waiver of Notice in ~3301(c) was filed: March 5,
2001.
6. Plaintiff's Social Security Number is 195-54-7952,
7. Defendant's Social Security Number is 194-52-9691.
Respectfully submitted,
WILEY, LENOX, COLGAN
& MARZZACCO, P.C.
~6~Wre
Attorney ill o. 77944
Attorney for Plaintiff
I South Baltimore Street
Dillsburg, PA 17019
(717) 432-9666
Date: f /,JCu!O/
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V ANlA
KIMBERLY A. HENNESSEY
Plaintiff
vs.
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CIVIl. ACTION -- LAW IN DIVORCE
NO. 00-3145 CIVIl. TERM
SHAWN A. HENNESSEY
Defendant
P A RULE OF CIVIL PROCEDURE 236
NOTICE is given that a Final Decree in Divorce in the above-captioned matter has been
entered against you on the
day of
,2001.
Curtis R. Long
Prothonotary of Cumberland County
IF you have any questions concerning the above case, please contact:
Timothy J. Colgan, Esquire
Attorney for Filing Party
Wiley, Lenox & Colgan, P.C.
One South Baltimore Street
Dillsburg, PA 17019
(717) 432-9666
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SOCIAL SECURITY INFORMATION SHRET
PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1(a)(3) ALL DIVORCES MUST INCLUDE
THE PARTIES SOCIAL SECURITY NUMBER.
PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE
PROTHONOTARY'S OFFICE.
DATE:
f-U-er
DOCKET NO.
00-3145
PLAINTIFF SS NO.
195-54-7952
NAME
KIMBERLY A. HENNESSEY
DEFENDANT SS NO.
194-52-9691
NAME
SHAWN A. HENNESSEY
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KIMBERLY A. HENNESSEY
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
Plaintiff
VS.
No. 60 - dlIJ-S
C;C)~C'-r~
SHAWN A. HENNESSEY
Defendant CIVIL ACTION -- LAW
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 YORK COUNTY
COURTHOUSE, 28 EAST MARKET STREET, YORK, PA 17401.
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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE OF THE YORK COUNTY BAR ASSOCIATION
YORK COUNTY BAR CENTER
137 EAST MARKET STREET
YORK, PA 17401
(717) 854-8755
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KIMBERLY A. HENNESSEY
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
vs.
No. 1M, -3 J</r5' (J;;J t:U......
SHAWN A. HENNESSEY
Defendant CIVIL ACTION -- LAW
COMPLAINT IN DIVORCE AND CUSTODY
AND COMES NOW, KIMBERLY A. HENNESSEY, by her attorney, Timothy J.
Colgan, Esq., and files the following Petition:
1. Plaintiff, KIMBERLY A. HENNESSEY, resides at 1057 Nanroc Drive,
Mechanicsburg, Cumberland County, Pennsylvania 17025.
2. Defendant SHAWN A. HENNESSEY resides at an unknown address in Dauphin
County,
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married December 2, 1992 at Mechanicsburg,
Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or annulment between the parties.
6. Neither party is presently a member of the Armed Forces on active duty.
7. The parties have not entered into a written agreement as to alimony, counsel fees,
costs, and property division.
8. Plaintiff has been advised that counselilIg is available and that plaintiff may have the
.
right to request that the court require the parties to participate in counseling. Being so advised,
Plaintiff does not request that the Court require the parties to participate in counseling prior to a
Divorce Decree being issued by the Court.
9. The cause of action and sections of Divorce Code under which Plaintiff is proceeding
are:
(a) g330l(a)(6). Defendant has offered such indignities to Plaintiff,
the innocent and injured spouse, af to render her condition
intolerable and life burdensome,
(b) g330l(c). The marriage of the parties is irretrievably broken.
10. Plaintiff requests the court to enter a decree of divorce.
WHEREFORE, the Plaintiff requests the Court enter an Order dissolving the marriage
between the Plaintiff and Defendant.
COUNT II -- CUSTODY
11. The allegations of Paragraphs one (1) through ten (10) are incorporated herein by
reference and made a part hereof.
12. Plaintiff is the natural mother of one minor child: Paige E. Hennessey born 12/10/94.
13. Defendant is the natural father of the minor child.
14. The child was not born out of wedlock.
15, The child is presently in the care and custody of the Plaintiff.
16. During the past five years, the child has resided with the Plaintiff and Defendant at
the above address.
17. There are no court orders establishing custody or visitation.
L8. Plaintiff has no information of a custody proceeding concerning the children pending
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in a court of this Commonwealth.
19. Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the children or claims to have custody or visitation rights with respect to the children.
20. The best interest and permanent welfare of the children will be served by granting the
relief requested herein.
. WHEREFORE, Plaintiff requests the Court enter an Order granting primary physical
custody and shared legal custody of the minor children to Plaintiff.
COUNT 1lI
REOUEST FOR EOUlTABLE DISTRIBUTION OF MARITAL PROPERTY UNDER
~3502(a) OF THE DIVORCE CODE
21. The allegations of Paragraphs one (I) through twenty (20) are incorporated herein by
reference as though set forth in full.
22. Plaintiff and Defendant have individually or jointly acquired property during the
marriage, in which they individually or jointly ha' e legal or equitable interest, which marital
property is subject to equitable distribution.
WHEREFORE, Plaintiff requests the Court to determine and equitably distribute, divide
or assign said marital property, pursuant to ~3502(a) ofthe Divorce Code.
COUNT IV -- ALIMONY
23. Paragraphs one (1) through twenty-two (22) are incorporated herein by reference as
though set forth in full.
24. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to
support herself through appropriate employment.
25. Plaintiff requires reasonable support to adequately maintain herself in accordance
with the .standard of living established during the marriage.
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WHEREFORE, Plaintiff requests the Court to enter an award of alimony in her favor.
COUNT V -- ALIMONY PENDENTE LITE. COUNSEL FEES. COSTS AND
EXPENSES
26. Paragraphs one (I) through twenty-five (25) are incorporated herein by reference as
though set forth in full.
27. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable
attorney's fees for said counsel.
28. Plaintiff is unable to sustainherself during the course of this litigation.
WHEREFORE, Plaintiff requests the Court enter an award of Alimony Pendente Lite,
interim counsel fees, costs and expenses, until fmal hearing and thereupon award such additional
counsel fees, costs and expenses as deemed appropriate.
Dated:
>'4),t)()
Respectfully submitted,
~~~~
Timothy J. olgan, ~e
WILEY, LENOX & COLGAN, P.C.
1 South Baltimore Street
Dillshurg, PA 17019
(717) 432-9666
1.0. #77944
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VERIFICATION
I, KIMBERI. Y A. HENNESSEY, verify that the statements made in this document 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. ~4904, relating to unsworn
falsification to authorities.
Date: 5)1l~loo
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLY A. HENNESSEY
Plaintiff
vs.
*
*
*
*
*
CIVIL ACTION -- LAW IN DIVORCE
NO, 00-3145 CIVIL TERM
SHAWN A. HENNESSEY *
Defendant
AFFIDAVIT OF SERVICE
I, Michele A. Reneker, being duly sworn, deposes and says that she is an adult and that she
served the complaint with regard to the above-referenced matter to the defendant's last know address
by certified mail on May 24, 2000. The certified mail return receipt dated May 25,2000 is attached
hereto as Exhibit A.
Date: May 1, 2001
By:
WILEY, LENOX, COLGAN
& MAR7ZA~.C
7J!Uil/o (1 ~ i fA
Michele A. Reneker
1 South Baltimore Street
Dillsburg, PA 17019
(717) 432-9666
I, Michele A. Reneker, veriJy that the statements made in this document are true and correct to the
best of my knowledge, information and belief. I understand that false statemen herein made are
subject to the penalties of 18 Pa C.S. Section 4904, relating to unsworn falsific ti n to authorities.
~
.. Michele A. Reneker
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Restricted Delivery Fee
:g
m Return Receipt Showing
T'"" Whom & Date Detive
'5,. Return Receipt Showing t
<( D~, &Addr~'sAdd
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il TOTAL Postage & F s
CW) 'Postmark dr Date
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Postage
Z 163 716
Certified Fee
. complel" Rem. 1, 2, and 3. Also corn ~
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front if space permits.
1. _Article Addressed to:
delivery add Clifferent from item 1?
If YES, enter delivery address below:
o Agent
o Addressee ,
DYes
DNa
Lowe's Home Improvement
Warehouse
c/o Shawn A; Hennessey
4000 Union Deposit Rd.
Harrisburg, PA 17109
3. Service Type
IY Certified Mail 0 Express Mail
.tj Registered 0 Return Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) Yes
OohiestiltRe\unJ.-~I~-; l,i f
102595-9S-M-1789
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KIMBERLY A. HENNESSEY
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
Plaintiff
vs.
No. 00-3145 CIVIL TERM
SHAWN A. HENNESSEY
Defendant CIVIL ACTION -- DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in Divorce under ~3301(c) of the Divorce Code was filed on May 22,
2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of 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 made herein are subject to the penalties of 18 Pa. C.s. ~4904 relating to
unsworn falsification to authorities,
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KIMBERLY A. HENNESSEY
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
vs.
No. 00-3145 CIVIL TERM
SHAWN A. HENNESSEY
Defendant CIVIL ACTION -- DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees, or expenses if{ do not claim them before a divorce is granted.
3: I understand that I will not be divorced until a divorce decree is entered by the Court and
that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verilY that the statements made in this affidavit are true and correct. I understand that false
statements made herein are subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn
falsification to authorities.
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KIMBERLY A. HENNESSEY
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
vs.
No. 00-3145 CIVIL TERM
SHAWN A. HENNESSEY
Defendant CIVIL ACTION -- DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in Divorce under ~330l(c) of the Divorce Code was filed on May 22,
2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a fmal 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 made herein are subject to the penalties of 18 Pa. C.S. ~4904 relating to
unsworn falsification to authorities.
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Shawn A. Hennessey
Defendant
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KIMBERLY A. HENNESSEY
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
vs.
No. 00-3145 CIVIL TERM
SHAWN A. HENNESSEY
Defendant CIVIL ACTION -- DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees, or expenses in do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court and
that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements made herein are subject to the penalties of 18 Pa, C.S. ~4904 relating to unsworn
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Date Shawn A. Hennessey
Defendant
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 1.1ilA. day of Fa-v.,...., ,2001, by and between
KIMBERLY A. HENNESSEY, of Mechanics burg, Cumberland County, Pennsylvania (hereinafter
referred to as 'WIFE") andSHA WN A. HENNESSEY, of Dauphin County, Pennsylvania
(hereinafter referred to as "HUSBAND"):
WITNESSETH:
WHEREAS, the parties were married on December 2, 1992 at Mechanicsburg, Cumberland
County, Pennsylvania;
WHEREAS, the following child was born during the marriage: Paige E. Hennessey, born
December 10, 1994;
WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the
parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties
hereto are desirous of settling 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 in relation to the ownership and equitable distribution of real and personal
property; settling of all matters between them relating to the past, present and future support, alimony
and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of custody matters
and in general, the settling of arty and all claims and possible claims by one against their respective
estates.
NOW, THEREFORE, in consideration of the 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 hereto, HUSBAND and WIFE, each
intending to be legally bound hereby covenant and agree as follows:
1. INTERFERENCE: Each party shall be free from interference, authority, and contact
by the other, as fully as though he or she were single and unmarried, except as may be necessary to
carry out the provisions of this Agreement. Neither party shall molest the other or attempt to
endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass
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or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the
other.
2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement
shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful
grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to
either party. 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 the other party which
have occasioned the disputes or unhappy differences which have occurred prior to or which may
occur subsequent to the date hereof.
3. SUBSEOUENT DIVORCE: The parties hereby acknowledge that WIFE filed a
Complaint in Divorce in Cumberland County, Pennsylvania on May 22, 2000 claiming that the
marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The
parties hereby express their agreement that the marriage is irretrievably broken and express heir
intent to execute any and all Affidavits or other documents necessary for the parties to obtain an
absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all
rights to request court ordered counseling under the Divorce Code. It is further specifically
understood and agreed by the parties that the provisions of this Agreement as to equitable
distribution of property of the parties are accepted by each party as a final settlement for all purposes
whatsoever, as contemplated by the Pennsylvania Divorce Code.
Should a decree, judgment or order of divorce be obtained by either of the parties in this or
any other state, country or jurisdiction, each of the parties hereby consents and agrees that this
Agreement and all of its covenants shall not be affected in any way by such separation or divorce;
and that nothing in any such decree, judgment, order or further modification or revision thereof shall
alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall
remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and
to be forever binding and conclusive upon the parties.
4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted
and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree
hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been
or may be instituted by the parties for the purpose of enforcing the contractual obligations of the
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parties. This agreement shall not be merged in any such decree but shall in all respects survive the
same and be forever binding and conclusive upon the parties.
5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of
execution" or "execution date," defmed as the date upon which it is executed by the parties if they
have each executed this Agreement on the same date. Otherwise, the "date of execution" or
"execution date" of this Agreement shall be defrned as the date of execution by the party last
executing this Agreement.
6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided
for herein, shall only take place on the "distribution" date which shall be defrned as the date of
execution of this Agreement unless otherwise specified herein. However, the support and/or alimony
payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement.
7. MUTUAL REI,EASE: HUSBAND and WIFE each do hereby mutually remise,
release, quit-claim and forever discharge the other and the estate of such other, for all time to come,
and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or
against the property (including income and gain from property hereafter accruing) of the other or
against the estate of such other, of whatever nature and wheresoever situated, which he or she now
has or at any time hereafter may have against the other, the estate of such other or any part hereof,
whether arising out of any former acts, contracts, engagements or liabilities of such other or by way
of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights,
family exemption or similar allowance, or under the intestate laws, or the right to take against the
spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other
rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the
laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any
country or any rights which either party may have or at any time hereafter shall have for past, present
or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property,
costs or expenses, whether arising as a result of the marital relations 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 provisions thereof. 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, which the other now
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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 thereof. It is further agreed that this Agreement shall be and constitute a full and final
resolution of any and all claims which each of the parties may have against the other for equitable
division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims
pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction.
8. REPRESENTATION BY COUNSEL: This agreement has been prepared by
Timothy J. Colgan, Esquire, counsel for WIFE. At the commencement of and at all stages during
the negotiation of this Agreement, HUSBAND has been informed that Timothy J. Colgan, Esquire
has acted solely as counsel for WIFE and has not advised nor represented HUSBAND in any manner
whatsoever. HUSBAND, at the commencement of and at all stages during the negotiation of this
Agreement, has been advised that he could be represented by counsel but at all times has elected not
to be so represented, HUSBAND has read this Agreement carefully and thoroughly, fully
understanding each of its provisions, and therefore signs it clearly and voluntarily.
The parties acknowledge that Agreement is not the result of any duress, undue influence,
coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they
have each made to the other a full and complete disclosure of their respective assets, estate,
liabilities, and sources of income and that they waive any specific enumeration thereof for the
purposes of this Agreement.
9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that
they have not heretofore incurred or contracted for any debt or liability or obligation for which the
estate of the other party maybe responsible or liable except as may be provided for in this
Agreement. Each party agrees to indemnify and hold the other party harmless for and against any
and all such debts, liabilities or obligations of every kind which may have heretofore been incurred
by them, including those for necessities, except for the obligations arising out of this Agreement.
10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE
covenant, warrant, represent and agree that, with the exception of obligations set forth in this
Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the
other may be liable, Each party shall indemnify and hold harmless the other party for and against
any and all debts, charges and liabilities incurred by the other after the execution date of this
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Agreement, except as may be otherwise specifically provided for by the terms of this Agreement.
11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have
divided between them, to their mutual satisfaction, the personal effects, household furniture and
furnishings, and all other articles of personal property which have heretofore been used by them in
common, and neither party will make any claim to any such items which are now in the possession
or under the control of the other. Should it become necessary, the parties each agree to sign any titles
or documents necessary to give effect to this paragraph upon request.
By these presents, each of the parties hereby specifically waives, releases, renounces and
forever abandons whatever claims he or she may have with respect to any personal property which
is in the possession of the other, and which shall become the sole and separate property of the other
from the date of execution hereof.
12. MARITAL DEBTS: HUSBAND and WIFE agree that the following marital debts
exist:
a. Cross Country Bank Visa with an estimated balance of $3,800,00;
b. Capital One MasterCard with an estimated balance of $275.00;
c, JC Penny credit card with an estimated balance of$100.00;
d. Beneficial personal loan with an estimated balance of$3,000.00;
HUSBAND shall assume responsibility the debt identified in subparagraph (a). WIFE shall
assume responsibility for the debts identified in subparagraphs (b), (c), and (d). Both parties agree
and further promise that they will now and at all times hereafter save harmless and keep the other
or their estate indemnified and held harmless from the debts identified above, and from all actions,
claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and
counsel fees whatsoever, pertaining to such actions, claims and demands,
13. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess
certain bank accounts and the like in their respective names. They hereby agree that each shall
become sole owner of their respective accounts and they each hereby waive any interest in, or claim
to, any funds held by the other in any accounts.
14. PENSIONS. ANNUlTffiS AND/OR RETIREMENT BENEFITS: HUSBAND
has retirement benefits. HUSBAND and WIFE agree to sign a qualified domestic relations order
immediately upon WIFE'S request which allows WIFE to receive Eighteen Thousand Five
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Hundred and 00/100 ($18,500.00) Dollars from the HUSBAND'S retirement benefits. WIFE shall
be entitled to a pro rata share of gains, losses and expenses from the date of execution to the date of
distribution. WIFE thereafter, waives any right or interest she may have in the retirement accounts
of HUSBAND,
15. MOTOR VEIDCLES: With respect to the motor vehicles owned by one or both
of the parties, they agree that any vehicle in the possession of either party shall become the sole and
exclusive Property of the party in possession. The parties shall execute the titles necessary to transfer
ownership of the vehicles in compliance herewith. Each party agrees to indemnifY and hold the other
party harml~ss for and against any debt, liability or obligation of any kind which may have heretofore
been incurred by them or which may be incurred by them after the execution of this agreement.
16. AFTER-ACOUIRED 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.
17. CUSTODY: Custody of the minor child, Paige E. Hennessey, dob 12/10/94 shall
be as follows:
A. Legal Custody Dermed. The parties agree that major decisions concerning the child's
health, welfare, education, religions training and upbringing shall be made by the parents
jointly, after discussion and consultation with each other, with a view towards obtaining and
following a harmonious policy to arrive at a decision that is in the child's best interest. Each
party agrees to keep the other informed of the progress of the child's education and social
adjustments, Each party agrees not to impair the other parties' right to share legal custody of
the child. Further, each party agrees to give support to one another in the role as parents and
to take into account the consensus of the other parent for the physical and emotional well
being of the child. The parties agree not to either attempt or alienate the affections of the
child for the other parent, Each party shall notifY the other of any activity that could
reasonably be expected to be of significant concern to the other. The parties agree that the
child will be encouraged to contact their mother and father by telephone at all reasonable
times.
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B. Primary Custody. Primary physical custody of the minor child, as that term is defined
in the Custody Act 1985, October 30, P.L. 264, No 66, Section 1,23 Pa.C.S.A. 5301 m seq.
shall be in Mother.
C. Partial Custody. Father shall enjoy partial physical custody, as defined in the
aforementioned Act, on one mutually agreed upon day per week from 12:00 p.m. until 7 :30
p,m., unless other arrangements are mutually agreed upon by the parties.
D. Summer Months. Father shall enjoy partial physical custody, as defined in the
aforementioned Act, on one mutually agreed upon day per week from 12:00 p.m. until 8:00
p.m., unless other arrangements are mutually agreed upon by the parties.
E. School Year. Father shall enjoy partial physical custody, as defined in the
aforementioned Act, on two mutually agreed upon days per week. Day one shall be from
after school until 7:00 p.m. Day two shall be one weekend day from 11 :00 a.m. until 7:00
p.m" unless other arrangements are mutually agreed upon by the parties.
F. Holidays. The parties shall share holidays as mutually agreed.
G. Overnight Visits. Although there are no scheduled ovemight visits for Father, Father
shall be entitled to ovemight visits upon mutual agreement of the parties.
H. Notice. Father shall provide Mother with five days notice of his intended periods of
partial custody.
18. HEALTH INSURANCE: WIFE provides health insurance for the child. The
parties shall share the uncovered medical expenses in an amount in proportion to their incomes.
19. INCOME TAX: 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, 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.
20. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties
hereby agree and express their intent that any transfer of property pursuant to this Agreement shall
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be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"),
specifically, the provisions of said Act pertaining to the transfers of property between spouses and
former spouses. The parties agree to sign and cause to be filed any elections or other documents
required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this
Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions
of said Act.
21. WAIVER OF ALIMONY: Except as otherwise provided herein, HUSBAND and
WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are
satisfactory with regard to spousal support and maintenance, past, present and future, The parties
release and discharge the other absolutely and forever for the rest of their lives from all claims and
demands, past, present or future, for alimony, alimony pendente lite or for any provision for support
or maintenance. The parties further acknowledge that in consideration of the transfers made herein
each completely waives and relinquishes any and all claims and/or demands they may now have or
hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and
court costs.
22. CmLD SUPPORT: HUSBAND shall pay to WIFE as child support, the amount as
ordered by any Domestic Relations Section in this state or any other state having jurisdiction over
the matter.
23. EFFECT OF DNORCE DECREE: The parties agree that, except as otherwise
specifically provided herein, this Agreement shall continue in full force and effect after such time
as a final Decree in Divorce may be entered with respect to the parties.
24. BREACH: If either party breaches any provision of this Agreement, the other party
shall have the right, at his or her election to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, and the party breaching this contract shall be
responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their
rights under this Agreement.
25. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may
dispose of his or her property in any way, and each party hereby waives and relinquishes any and all
rights he or she shall now have or hereafter acquire, under the present and future laws of any
jurisdiction, to share in the property or the estate of the other as a result of the marital relationship,
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including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take
in intestacy, right to take against the Will of the other, and the right to act as administrator or
executor of the other's estate, and each will, at the request of the other, execute, acknowledge and
deliver any and all instruments which may be necessary or advisable to carry into effect this mutual
waiver and relinquishment of such interests, rights and claims.
26. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall
inure to the benefits of the parties hereto and their respective heirs, executors, administrators,
successors and assigns.
28. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at
the request of the other, execute, acknowledge and deliver to the other any and all further instruments
that may be reasonably required to give full force and effect to the provisions of this Agreement.
29. VOID CLAUSES: rfany term, condition, clause or provision of this Agreement
shall be determined or declared to be void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this Agreement and in all other respects this
Agreement shall be valid and continue in full force, effect and operation.
30. INDEPENDENT SEP AKA TE COVENANTS: It is specifically understood and
agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate
and independent Agreement.
31. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the
completeness and substantial accuracy of the financial disclosure of the other as an inducement to
the execution of this Agreement. The parties acknowledge that there has been no formal discovery
conducted in their pending divorce action and that neither party has filed an inventory and
appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding
the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the
Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any
time prior to the date of execution of this Agreement that was not disclosed to the other party or his
or her coUnsel prior to the date of the within Agreement is expressly reserved, In the event that
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either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right
to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said
asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses
incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the
foregoing the Agreement shall in all other respects remain in full force and effect.
32. MODIFICATION AND WAIVER: A modification or waiver of any of the
provisions of this Agreement shall be effective only if made in writing and executed with the same
formality as this Agreement. The failure of either party to insist upon strict performance of any of
the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the
same or similar nature.
33. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for
convenience only, They shall have no affect whatsoever in determining the rights or obligations of
the parties.
34. APPLlCABI.E LAW: This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any
amendments thereto,
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and
year first above written.
WITNESS
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SHAWN A. HENNESSEY
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MA.RlTAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this v7f1-> day of F.t.bvv""'l ' 2004 by and between
KIMBERLY A. HENNESSEY, of Mechanics burg, Cumberland County, Pennsylvania (hereinafter
referred to as 'WIFE") and SHAWN A. HENNESSEY, of Dauphin County, Pennsylvania
(hereinafter referred to as "HUSBAND"):
WITNESSETH:
WHEREAS, the parties were married on December 2, 1992 at Mechanicsburg, Cumberland
County, Pennsylvania;
WHEREAS, the following child was born during the marriage: Paige E. Hennessey, born
December 10, 1994;
WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the
parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties
hereto are desirous of settling 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 in relation to the ownership and equitable distribution of real and personal
property; settling of all matters between them relating to the past, present and future support, alimony
and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of custody matters
and in general, the settling of any and all claims and possible claims by one against their respective
estates.
NOW, THEREFORE, in consideration of the 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 hereto, HUSBAND and WIFE, each
intending to be legally bound hereby covenant and agree as follows:
1. INTERFERENCE: Each party shall be free from interference, authority, and contact
by the other, as fully as though he or she were single and unmarried, except as may be necessary to
carry out the provisions of this Agreement. Neither party shall molest the other or attempt to
endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass
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or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the
other.
2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement
shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful
grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to
either party. 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 the other party which
have occasioned the disputes or unhappy differences which have occurred prior to or which may
occur subsequent to the date hereof.
3. SUBSEOUENT DIVORCE: The parties hereby acknowledge that WIFE filed a
Complaint in Divorce in Cumberland County, Pennsylvania on May 22, 2000 claiming that the
marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The
parties hereby express their agreement that the marriage is irretrievably broken and express heir
intent to execute any and all Affidavits or other documents necessary for the parties to obtain an
absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all
rights to request court ordered counseling under the Divorce Code, It is further specifically
understood and agreed by the parties that the provisions of this Agreement as to equitable
distribution of property of the parties are accepted by each party as a final settlement for all purposes
whatsoever, as contemplated by the Pennsylvania Divorce Code.
Should a decree, judgment or order of divorce be obtained by either of the parties in this or
any other state, country or jurisdiction, each of the parties hereby consents and agrees that this
Agreement and all of its covenants shall not be affected in any way by such separation or divorce;
and that nothing in any such decree, judgment, order or further modification or revision thereof shall
alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall
remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and
to be forever binding and conclusive upon the parties.
4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted
and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree
hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been
or may be instituted by the parties for the purpose of enforcing the contractual obligations of the
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parties. This agreement shall not be merged in any such decree but shall in all respects survive the
same and be forever binding and conclusive upon the parties.
5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of
execution" or "execution date," defmed as the date upon which it is executed by the parties if they
have each executed this 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.
6. DISTRmUTION DATE: The transfer of property, funds and/or documents provided
for herein, shall only take place on the "distribution" date which shall be defmed as the date of
execution of this Agreement uuless otherwise specified herein. However, the support and/or alimony
payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement.
7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise,
rele8Se, quit-claim and forever discharge the other and the estate of such other, for all time to come,
and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or
against the property (including income and gain from property hereafter accruing) of the other or
against the estate of such other, of whatever nature and wheresoever situated, which he or she now
has or at any time hereafter may have against the other, the estate of such other or any part hereof,
whether arising out of any former acts, contracts, engagements or liabilities of such other or by way
of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights,
family exemption or similar allowance, or under the intestate laws, or the right to take against the
spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other
rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the
laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any
country or any rights which either party may have or at any time hereafter shall have for past, present
or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property,
costs or expenses, whether arising as a result of the marital relations 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 provisions thereof. 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, persoual or mixed, which the other now
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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 thereof. It is further agreed that this Agreement shall be and constitute a full and final
resolution of any and all claims which each of the parties may have against the other for equitable
division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims
pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction.
8. REPRESENTATION BY COUNSEL: This agreement has been prepared by
Timothy J. Colgan, Esquire, counsel for WIFE. At the commencement of and at all stages during
the negotiation of this Agreement, HUSBAND has been informed that Timothy J, Colgan, Esquire
has acted solely as counsel for WIFE and has not advised nor represented HUSBAND in any manner
whatsoever. HUSBAND, at the commencement of and at all stages during the negotiation of this
Agreement, has been advised that he could be represented by counsel but at all times has elected not
to be so represented. HUSBAND has read this Agreement carefully and thoroughly, fully
understanding each of its provisions, and therefore signs it clearly and voluntarily.
The parties acknowledge that Agreement is not the result of any duress, undue influence,
coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they
have each made to the other a full and complete disclosure of their respective assets, estate,
liabilities, and sources of income and that they waive any specific enumeration thereof for the
purposes of this Agreement.
9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that
they have not heretofore incurred or contracted for any debt or liability or obligation for which the
estate of the other party may be responsible or liable except as may be provided for in this
Agreement. Each party agrees to indemnifY and hold the other party harmless for and against any
and all such debts, liabilities or obligations of every kind which may have heretofore been incurred
by them, including those for necessities, except for the obligations arising out of this Agreement.
10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE
covenant, warrant, represent and agree that, with the exception of obligations set forth in this
Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the
other may be liable. Each party shall indemnifY and hold harmless the other party for and against
any and all debts, charges and liabilities incurred by the other after the execution date of this
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Agreement, except as may be otherwise specifically provided for by the terms of this Agreement.
11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have
divided between them, to their mutual satisfaction, the personal effects, household furniture and
furnishings, and all other articles of personal property which have heretofore been used by them in
common, and neither party will make any claim to any such items which are now in the possession
or under the control of the other, Should it become necessary, the parties each agree to sign any titles
or documents necessary to give effect to this paragraph upon request.
By these presents, each of the parties hereby specifically waives, releases, renounces and
forever abandons whatever claims he or she may have with respect to any personal property which
is in the possession of the other, and which shall become the sole and separate property of the other
from the date of execution hereof.
12. MARITAL DEBTS: HUSBAND and WIFE agree that the following marital debts
exist:
a. Cross Country Bank Visa with an estimated balance of $3,800.00;
b. Capital One MasterCard with an estimated balance of$275.00;
c. JC Penny credit card with an estimated balance of$lOO.OO;
d. Beneficial personal loan with an estimated balance of $3,000,00;
HUSBAND shall assume responsibility the debt identified in subparagraph (a). WIFE shall
assume responsibility for the debts identified in subparagraphs (b), (c), and (d). Both parties agree
and further promise that they will now and at all times hereafter save harmless and keep the other
or their estate indemnified and held harmless from the debts identified above, and from all actions,
claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and
counsel fees whatsoever, pertaining to such actions, claims and demands.
13. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess
certain bank accounts and the like in their respective names. They hereby agree that each shall
become sole owner of their respective accooots and they each hereby waive any interest in, or claim
to, any funds held by the other in any accooots.
14. PENSIONS. ANNUITIES AND/OR RETIREMENT BENEFITS: HUSBAND
has retirement benefits. HUSBAND and WIFE agree to sign a qualified domestic relations order
immediately upon WIFE'S request which allows WIFE to receive Eighteen Thousand Five
,,~" . >
Hundred and 00/100 ($18,500.00) Dollars from the HUSBAND'S retirement benefits. WIFE shall
be entitled to a pro rata share of gains, losses and expenses from the date of execution to the date of
distribution. WIFE thereafter, waives any right or interest she may have in the retirement accounts
of HUSBAND.
15. MOTOR VEIDCLES: With respect to the motor vehicles owned by one or both
of the parties, they agree that any vehicle in the possession of either party shall become the sole and
exclusive property of the party in possession. The parties shall execute the titles necessary to transfer
ownership of the vehicles in compliance herewith. Each party agrees to indeIIlIiliY and hold the other
party harmless for and against any debt, liability or obligation of any kind which may have heretofore
been incurred by them or which may be incurred by them after the execution of this agreement.
16. AFTER-ACOUlRED 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.
17. CUSTODY: Custody of the minor child, Paige E. Hennessey, dob 12/10/94 shall
be as follows:
A. Legal Custody Dermed. The parties agree that major decisions concerning the child's
health, welfare, education, religious training and upbringing shall be made by the parents
jointly, after discussion and consultation with each other, with a view towards obtaining and
following a harmonious policy to arrive at a decision that is in the child's best interest. Each
party agrees to keep the other informed of the progress of the child's education and social
adjustments. Each party agrees not to impair the other parties' right to share legal custody of
the child. Further, each party agrees to give support to one another in the role as parents and
to take into account the consensus of the other parent for the physical and emotional well
being of the child. The parties agree not to either attempt or alienate the affections of the
child for the other parent. Each party shall notifY the other of any activity that could
reasonably be expected to be of significant concern to the other. The parties agree that the
child will be encouraged to contact their mother and father by telephone at all reasonable
times.
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B. Primary Custody. Primary physical custody of the minor child, as that term is defined
in the Custody Act 1985, October 30, P.L. 264, No 66, Section 1, 23 Pa.C.S.A. 5301 ~ seq.
shall be in Mother.
C. Partial Custody. Father shall enjoy partial physical custody, as defmed in the
aforementioned Act, on one mutually agreed upon day per week from 12:00 p.m. until 7:30
p.m., unless other arrangements are mutually agreed upon by the parties,
D. Summer Months. Father shall enjoy partial physical custody, as defined in the
aforementioned Act, on one mutually agreed upon day per week from 12:00 p.m. until 8:00
p.m., unless other arrangements are mutually agreed upon by the parties.
E. School Year. Father shall enjoy partial physical custody, as defined in the
aforementioned Act, on two mutually agreed upon days per week. Day one shall be from
after school until 7 :00 p.m. Day two shall be one weekend day from 11 :00 a,m. until 7:00
p.m., unless other arrangements are mutually agreed upon by the parties,
F. Holidays. The parties shall share holidays as mutually agreed.
G. Overnight Visits. Although there are no scheduled overnight visits for Father, Father
shall be entitled to overnight visits upon mutual agreement of the parties.
H. Notice. Father shall provide Mother with five days notice of his intended periods of
partial custody.
18. HEALTH INSURANCE: WIFE provides health insurance for the child. The
parties shall share the uncovered medical expenses in an amount in proportion to their incomes.
19. INCOME TAX: 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, 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,
20. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties
hereby agree and express their intent that any transfer of property pursuant to this Agreement shall
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be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"),
specifically, the provisions of said Act pertaining to the transfers of property between spouses and
former spouses. The parties agree to sign and cause to be filed any elections or other documents
required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this
Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions
of said Act.
21. WAIVER OF ALIMONY: Except as otherwise provided herein, HUSBAND and
WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are
satisfactory with regard to spousal support and maintenance, past, present and future. The parties
release and discharge the other absolutely and forever for the rest of their lives from all claims and
demands, past, present or future, for alimony, alimony pendente lite or for any provision for support
or maintenance. The parties further acknowledge that in consideration of the transfers made herein
each completely waives and relinquishes any and all claims and/or demands they may now have or
hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and
court costs.
22. CHILD SUPPORT: HUSBAND shall pay to WIFE as child support, the amount as
ordered by any Domestic Relations Section in this state or any other state having jurisdiction over
the matter.
23. EFFECT OF DNORCE DECREE: The parties agree that, except as otherwise
specifically provided herein, this Agreement shall continue in full force and effect after such time
as a final Decree in Divorce may be entered with respect to the parties.
24. BREACH: If either party breaches any provision of this Agreement, the other party
shall have the right, at his or her election to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, and the party breaching this contract shall be
responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their
rights under this Agreement.
25. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may
dispose of his or her property in any way, and each party hereby waives and relinquishes any and all
rights he or she shall now have or hereafter acquire, under the present and future laws of any
jurisdiction, to share in the property or the estate ofthe other as a result of the marital relationship,
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including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take
in intestacy, right to take against the Will of the other, and the right to act as administrator or
executor ofthe other's estate, and each will, at the request ofthe other, execute, acknowledge and
deliver any and all instruments which may be necessary or advisable to carry into effect this mutual
waiver and relinquishment of such interests, rights and claims.
26. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall
inure to the benefits of the parties hereto and their respective heirs, executors, administrators,
successors and assigns.
28. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at
the request of the other, execute, acknowledge and deliver to the other any and all further instruments
that may be reasonably required to give full force and effect to the provisions ofthis Agreement.
29. VOID CLAUSES: If any term, condition, clause or provision of this Agreement
shall be determined or declared to be void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this Agreement and in all other respects this
Agreement shall be valid and continue in full force, effect and operation.
30. INDEPENDENT SEP A.RA TE COVENANTS: It is specifically understood and
agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate
and independent Agreement.
31. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the
completeness and substantial accuracy of the financial disclosure of the other as an inducement to
the execution of this Agreement. The parties acknowledge that there has been no formal discovery
conducted in their pending divorce action and that neither party has filed an inventory and
appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding
the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the
Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any
time prior to the date of execution of this Agreement that was not disclosed to the other party or his
or her counsel prior to the date of the within Agreement is expressly reserved, In the event that
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either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right
to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said
asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses
incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the
foregoing the Agreement shall in all other respects remain in full force and effect.
32. MODIFICATION AND WAIVER: A modification or waiver of any of the
provisions of this Agreement shall be effective only if made in writing and executed with the same
formality as this Agreement. The failure of either party to insist upon strict performance of any of
the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the
same or similar nature.
33. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for
convenience ouly. They shall have no affect whatsoever in determining the rights or obligations of
the parties.
34. APPLICABLE LAW: lbis Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any
amendments thereto.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and
year first above written.
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SHAWN A. HENNESSEY
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLY A. HENNESSEY, *
Plaintiff *
*
vs.
*
*
DOCKET NO. 00-3145
SHAWN A. HENNESSEY, *
Defendant *
ORDER
AND NOW, this ---lk-- day of ~
Motion, it is hereby ORDERED, ADJUDGED, and DEC
2001, based on the foregoing
D that:
1. The Administrator of the Plan shall recognize the right of Kimberly A. Hennessey as
Alternate Payee to demand a division of the Plan to the extent set forth hereafter;
2. Each party is hereby awarded an interest in and to the Plan, with the alternate payee's
interest to consist of322 shares of Lowe's Companies, Inc. common stock previously
credited to the participant's account. The participant shall retain the balance in said
account free and clear of any further claim by the alternate payee. As of the date of this
Order, Lowe's Companies Employee Stock Ownership Plan (ESOP) shall set aside in an
alternate payee account 322 shares for the sole benefit of the alternate payee. Nothing
contained in this paragraph shall be construed to require any Plan or Plan Administrator:
1) to provide to the alternate payee any type or form of benefit or any option not
otherwise available to the participant under the Plan; 2) to provide to the alternate payee
increased benefits not available to the participant; 3) to require any distribution to the
alternate payee befure the earliest date that the participant is eligible to receive a
distribution; or 4) to pay any benefits to the alternate payee which are required to be paid
to another alternate payee under another Order determined by the Plan Administrator to
be a qualifi.ed domestic relations Order (hereinafter called "ODRO") before this document
is determined by the Plan Administrator to be a "QDRO";
3. In the event ofthe death of Kimberly A Hennessey, alternate payee, the shares affected by
this QDRO are to be directed to her daughter, Paige E. Hennessey (DOB 12/10/94);
4. In the event of the death of participant, the alternate payee shall be entitled to receive the
entire balance of the alternate payee account;
5. The alternate payee shall be entitled to receive the benefits specified herein, only in
accordance with law, and the terms of the Plan Agreement. Alternate payee agrees to
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comply with all terms and conditions of the Plan now in effect or as may hereinafter be
amended, not otherwise in contravention of the right of the alternate payee to receive such
payments as ordered herein. Alternate payee shall not be deemed a participant in the Plan
solely by reason ofthe receipt of this Order by the Plan and its Administrator;
6. No portion of this Order is intended to require the Plan to provide any type or form of
benefit or any option not otherwise provided under the Plan, nor shall this Order require
any distribution to the alternate payee before the earliest date that participant is eligible to
receive a distribution, This Order shall not require the Plan to provide increased benefits
nor to make payments of benefits to an alternate payee which are required to be paid to
another alternate payee under another Order previonsly determined to be a QDRO;
7. This Order is intended to be a QDRO as defined by the Internal Revenue Code of 1954, as
amended and its provisions shall be aclminilltered and interpreted in conformity with that
Act. This Court reserves jurisdiction to amend this Order to the extent necessary, if it is
determined that it is invalid or does not qualifY as a QDRO so as to accomplish the
intentions of the Court and of Kimberly A. Hennessey and Shawn A. Hennessey, as set
forth herein;
8. The Plan Administrator, and their attorneys, agents, and assigns shall take such steps as
are necessary to effectuate the provisions of this QDRO, and shall set aside for Kimberly
A. Hennessey, as alternate payee sole and separate property, such amounts, but only such
amounts, as may be necessary to effectuate the provisions of this QDRO; and
9. A filed copy of this QDRO with original stamp or seal shall be delivered to the Plan
Administrator upon execution hereof.
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLY A. HENNESSEY, *
Plaintiff *
*
VS.
*
DOCKET NO. 00-3145
SHAWN A. HENNESSEY,
Defendant
*
*
*
MOTION FOR THE ENTRY OF A OUALIFIED DOMESTIC RELATIONS ORDER
AND NOW, comes Plaintift; Kimberly A. Hennessey, by and through her attorney, Timothy
J. Colgan, Esquire of WILEY, LENOX, COLGAN & MARZZACCO, P.C., and pursuant to
Sections 414(P) (1) and (2) of the Internal Revenue Code of1954, as amended, respectfully requests
the entry of a ''Qualified Domestic Relations Order", hereinafter called "QDRO," dealing with certain
marital property rights of the parties herein. 1n support of Plaintiff's Motion, she presents the
following:
I. Plaintiff and Defendant were married on December 2, 1992 and divorced on May 9, 2001.
During their marriage, they acquired marital property which rnaritaI property included the
benefit plan of Lowe's Companies Employee Stock Ownership Plan and Trnst (ESOP,
hereinafter referred to as the "Plan".
2. The term ''participant'' means Shawn A. Hennessey, social security number 194-52-9691, who
is a participant in the Plan, whose last known address is P.O, Box 105, Grantham,
Pennsylvania 17027.
3. The "alternate payee" is the former spouse of the participant, Kimberly A. Hennessey, social
security mnnber, 195-54-7952, whose last known address is P.O. Box 401, Mechanicsburg,
Pennsylvania 17055.
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4. The Administrator of the Plan is Lowe's Companies, Inc., hereinafter referred to as the
"Administrator".
5. The division of marital property as between Shawn A. Hennessey and Kimberly A.
Hennessey, including the division of the Plan, is part of an equitable distnbution of marital
property acquired by them during marriage and, further, is "incident to divorce".
6. Pursuant to paragraph #14 of the Marriage Settlement Agreement signed by both Plaintiff and
Defendant on February 27,2001, the parties agreed that PlaintiffwiIl receive $18,500 from
Defendant's retirment benefits. A copy of the Marriage Settlement Agreement is attached
hereto as Exhihit "A."
7. On February 27,2001, Lowe's Companies common stock was valued at $57.50. Therefore,
321. 75 shares of Lowe's Companies common stock in the Plan should be awarded to
Kimberly A. Hennessey to equal $18, 500 as agreed upon by the Parties.
8. This QDRO would be appropriately entered by the Court under the Equitable Distnbution
Act.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order
directing that:
1. The Administrator of the Plan shall recognize the right of Kimberly A. Hennessey as Alternate
Payee to demand a division of the Plan to the extent set forth hereafter;
2. Each party is hereby awarded an interest in and to the Plan, with the alternate payee's interest
to consist of322 shares of Lowe's Companies, Inc. common stock previously credited to the
participant's acconnt. The participant shall retain the balance in said acconnt free and clear
of any further claim by the alternate payee. As of the date of this Order, Lowe's Companies
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Employee Stock Own~ship Plan (ESOP) shall set aside in an alternate payee account 322
shares for the sole benefit of the alternate payee. Nothing contained in this parllgraph shall
be construed to require any Plan or Plan Administrator: 1) to provide to the alternate payee
any type or form of~fit or any option not otherwise available to the participant under the
Plan; 2) to provide to the alternate payee increased benefits not available to the participant;
3) to require any distribution to the alternate payee before the earliest date that the participant
is eligible to receive a distnbution; or 4) to pay any benefits to the alternate payee which are
required to be paid to another alternate payee under another Order determined by the Plan
Administrator to be a qualified domestic relations Order (hereinafter called "ODRO") before
this document is determined by the Plan Administrator to be a "QDRO";
3. In the event of the death of Kimberly A. Hennessey, alternate payee, the shares affected by
this QDRO are to be directed to her daughter, Paige E. Hennessey (DOB 12/10/94);
4. In the event of the death of participant, the alternate payee shall be entitled to receive the
entire balance of the alternate payee account;
5. The alternate payee shall be entitled to receive the benefits specified herein, only in
accordance with law, and the terms of the Plan Agreement. Ahernate payee agrees to comply
with all terms and conditions of the Plan now in effect or as may hereinafter be amended, not
otherwise in contravention of the right of the alternate payee to receive such payments as
ordered herein. Alternate payee shall not be deemed a participant in the Plan solely by reason
of the receipt of this Order by the Plan and its Administrator;.
6. No portion of this Order is intended to require the Plan to provide any type or form of benefit
or any option not otherwise provided under the Plan, nor shall this Order require any
distribution to the alternate payee before the earliest date that participant is eligible to receive
a distribution. This Order shall not require the Plan to provide increased benefits nor to make
payments of benefits to an alternate payee which are required to be paid to another alternate
payee under another Order previously determined to be a QDRO;
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7. This Order is intended to be a QDRO as defined by the Internal Revenue Code of 1954, as
amended and its provisions shaI1 be administered and interpreted in conformity with that Act.
This Court reserves jurisdiction to amend this Order to the extent necessary, if it is
determined that it is invalid or does not qualifY as a QDRO so as to accomplish the intentions
of the Court and of Kimberly A Hennessey and Shawn A. Hennessey, as set forth herein;
8. The Plan Administrator, and their attorneys, agents, and assigns shall take such steps as are
necessary to effectuate the provisions of this QDRO, and shall set aside for Kimberly A.
Hennessey, as alternate payee sole and separate property, such amounts, but only such
amounts, as may be necessary to eftectuate the provisions of this QDRO; and
9. A filed copy of this QDRO with original stamp or seal shall be delivered to the Plan
Administrator upon execution hereof.
Respectfully submitted,
Dated: ?-?- PI
~~
Timothy J. olgan, squire
WILEY, LENOX, COLGAN
& MARZZACCO P.C.
1 South Baltimore Street
Dillsburg, PA 17019
(717) 432-9666
I.D. #77944
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MARITAL SETTLEMENT AGREEMENT
TillS AGREEMENT, made this p-,f!,. day of Pt-b~ ' 200t by and between
KIMBERLY A. HENNESSEY, of Mechanics burg, Cumberland County, Pennsylvania (hereinafter
referred to as 'WIFE") and SHAWN A. HENNESSEY, of Dauphin County, Pennsylvania
(hereinafter referred to as "HUSBAND"):
WITNESSETH:
w:flEREAS, the parties were married on December 2, 1992 at Mechanicsburg, Cumberland
County, Pennsylvania;
WHEREAS, the following child was bom during the marriage: Paige E. Hennessey, born
December 10,1994;
WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the
parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties
hereto are desirous of settling 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 in relation to the ownership and equitable distribution of real and personal
property; settling of all matters between them relating to the past, present and future support, alimony
and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of custody matters
and in general, the settling of any and all claims and possible claims by one against their respective
estates.
NOW, THEREFORE, in consideration of the 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 hereto, HUSBAND and WIFE, each
intending to be legally bound hereby covenant and agree as follows:
1. INTERFERENCE: Each party shall be free from interference, authority, and contact
by the other, as fully as though he or she were single and unmarried, except as may be necessary to
carry out the provisions of this Agreement. Neither party shall molest the other or attempt to
endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass
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or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the
other.
2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement
shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful
grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to
either party. 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 the other party which
have occasioned the disputes or unhappy differences which have occurred prior to or which may
occur subsequent to the date hereof.
3. SUBSEOUENTDIVORCE: The parties hereby acknowledge that WIFE filed a
Complaint in Divorce in Cumberland County, Pennsylvania on May 22, 2000 claiming that the
marriage is irretrievably broken under.Section 3301(c) of the Pennsylvania Divorce Code. The
parties hereby express their agreement that the marriage is irretrievably broken and express heir
intent to execute any and all Affidavits or other documents necessary for the parties to obtain an
absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all
rights to request court ordered counseling under the Divorce Code. It is further specifically
understood and agreed by the parties that the provisions of this Agreement as to equitable
distribution of property of the parties are accepted by each party as a final settlement for all purposes
whatsoever, as contemplated by the Pennsylvania Divorce Code.
Should a decree, judgment or order of divorce be obtained by either of the parties in this or
any other state, country or jurisdiction, each of the parties hereby consents and agrees that this
Agreement and all of its covenants shall not be affected in any way by such separation or divorce;
and that nothing in any such decree, judgment, order or further modification or revision thereof shall
alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall
remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and
to be forever binding and conclusive upon the parties.
4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted
and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree
hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been
or may be instituted by the parties for the purpose of enforcing the contractual obligations of the
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parties. This agreement shall not be merged in any such decree but shall in all respects survive the
same and be forever binding and conclusive upon the parties.
5. 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 this 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.
6. DlSTRTRUTION DATE: The transfer of property, funds and/or documents provided
for herein, shall only take place on the "distribution" date which shall be defined as the date of
execution of this Agreement unless otherwise specified herein. However, the support and/or alimony
payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement.
7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise,
release, quit -claim and forever discharge the other and the estate of such other, for all time to come,
and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or
against the property (including income and gain from property hereafter accruing) of the other or
against the estate of such other, of whatever nature and wheresoever situated, which he or she now
has or at any time hereafter may have against the other, the estate of such other or any part hereof,
whether arising out of any former acts, contracts, engagements or liabilities of such other or by way
of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights,
family exemption or similar allowance, or under the intestate laws, or the right to take against the
spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other
rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the
laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any
country or any rights which either party may have or at any time hereafter shall have for past, present
or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property,
costs or expenses, whether arising as a result of the marital relations 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 provisions thereof. 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, which the other now
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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 thereof. It is further agreed that this Agreement shall be and constitute a full and final
resolution of any and all claims which each of the parties may have against the other for equitable
division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims
pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction.
8. REPRESENTATION BY COUNSEL: This agreement has been prepared by
Timothy J. Colgan, Esquire, counsel for WIFE. At the commencement of and at all stages during
the negotiation of this Agreement, HUSBAND has been informed that Timothy J. Colgan, Esquire
has acted solely as counsel for WIFE and has not advised nor represented HUSBAND in any manner
wbatsoever. HUSBAND, at the commencement of and at all stages during the negotiation of this
Agreement, has been advised that he could be represented by counsel but at all times has elected not
to be so represented. HUSBAND has read this Agreement carefully and thoroughly, fully
understanding each of its provisions, and therefore signs it clearly and voluntarily.
The parties acknowledge that Agreement is not the result of any duress, undue influence,
coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they
have each made to the other a full and complete disclosure of their respective assets, estate,
liabilities, and sources of income and that they waive any specific enumeration thereof for the
purposes of this Agreement. .
9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that
they have not heretofore incurred or contracted for any debt or liability or obligation for which the
estate of the other party may be responsible or liable except as may be provided. for in this
Agreement. Each party agrees to indemnify and hold the other party harmless for and against any
and all such debts, liabilities or obligations of every kind which may have heretofore been incurred
by them, including those for necessities, except for the obligations arising out of this Agreement.
10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE
covenant, warrant, represent and agree that, with the exception of obligations set forth in this
Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the
other may be liable. Each party shall indemnify and hold harmless the other party for and against
any and all debts, charges and liabilities incurred by the other after the execution date of this
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Agreement, except as may be otherwise specifically provided for by the terms of this Agreement.
11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have
divided between them, to their mutual satisfaction, the personal effects, household furniture and
furnishings, and all other articles of personal property which have heretofore been used by them in
common, and neither party will make any claim to any such items which are now in the possession
or under the control of the other. Should it become necessary, the parties each agree to sign any titles
or documents necessary to give effect to this paragraph upon request.
By these presents, each of the parties hereby specifically waives, releases, renounces and
forever abandons whatever claims he or she may have with respect to any personal property which
is in the possession of the other, and which shall become the sole and separate property of the other
from the date of execution hereof.
12. MARITAL DEBTS: HUSBAND and WIFE agree that the following marital debts
exist:
a. Cross Country Bank Visa with an estimated balance of $3,800.00;
b. Capital One MasterCard with an estimated balance of $275.00;
c. JC Penny credit card with an estimated balance of$IOO.OO;
d. Beneficial personal loan with an estimated balance of $3,000.00;
HUSBAND shall assume responsibility the debt identified in subparagraph (a). WIFE shall
assume responsibility for the debts identified in subparagraphs (b), (c), and (d). Both parties agree
~d further promise that they will now and at all times hereafter save harmless and keep the other
or their estate indenmified and held hanDless from the debts identified above, and from all actions,
claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and
counsel fees whatsoever, pertaining to such actions, claims and demands.
13. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess
certain bank accounts and the like in their respective names. They hereby agree that each shall
become sole owner of their respective accounts and they each hereby waive any interest in, or claim
to, any funds held by the other in any accounts.
14. PENSIONS. ANNUITIES AND/OR RETIREMENT BENEFITS: HUSBAND
has retirement benefits. HUSBAND and WIFE agree to sign a qualified domestic relations order
immediately upon WIFE'S request which allows WIFE to receive Eighteen Thousand Five
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Hundred and 00/100 ($18,500.00) Dollars from the HUSBAND'S retirement benefits. WIFE shall
be entitled to a pro rata share of gains, losses and expenses from the date of execution to the date of
distribution. WIFE thereafter, waives any right or interest she may have in the retirement accounts
of HUSBAND.
15. MOTOR VEillCLES: With respect to the motor vehicles owned by one or both
of the parties, they agree that any vehicle in the possession of either party shall become the sole and
exclusive property of the party in possession. The parties shall execute the titles necessary to transfer
ownership of the vehicles in compliance herewith. Each party agrees to indemnify and hold the other
party harmless for and against any debt, liability or obligation of any kind which may have heretofore
been incurred by them or which may be incurred by them after the execution of this agreement.
16. 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 orintaogible, 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.
17. CUSTODY: Custody of the minor child, Paige E. Hennessey, dob 12/10/94 shall
be as follows:
A. Legal Custody Defined. The parties agree that major decisions concerning the child's
health, welfare, education, religious training and upbringing shall be made by the parents
jointly, after discussion and consultation with each other, with a view towards obtaining and
following a harmonious policy to arrive at a decision that is in the child's best interest. Each
party agrees to keep the other informed of the progress of the child's education and social
adjustments. Each party agrees not to impair the other parties' right to share legal custody of
the child. Further, each party agrees to give support to one another in the role as parents and
to take into account the consensus of the other parent for the physical and emotional well
being of the child. The parties agree not to either attempt or alienate the affections of the
child for the other parent. Each party shall notify the other of any activity that could
reasonably be expected to be of significant concern to the other. The parties agree that the
child will be encouraged to contact their mother and father by telephone at all reasonable
times.
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B. Primary Custody. Primary physical custody of the minor child, as that term is defined
in the Custody Act 1985, October 30, P.L. 264, No 66, Section l, 23 Pa.C.S.A. 5301 et seq.
shall be in Mother.
C. Partial Custody. Father shall eqjoy partial physical custody, as defmed in the
aforementioned Act, on one mutually agreed upon day per week from 12:00 p.m. until 7:30
p.m., unless other arrangements are mutually agreed upon by the parties.
D. Summer Months. Father shall enjoy partial physical custody, as defined in the
aforementioned Act, on one mutually agreed upon day per week from 12:00 p.m. unti18:00
p.m., unless other arrangements are mutually agreed upon by the parties.
E. School Year. Father shall eqjoy partial physical custody, as defined in the
aforementioned Act, on two mutually agreed upon days per week. Day one shall be from
after school until 7:00 p.m. Day two shall be one weekend day from 11:00 a.m. until 7:00
p.m., unless other arrangements are mutually agreed upon by the parties.
F. Holidays. The parties shall share holidays as mutually agreed.
G. Overnight Visits. Although there are no scheduled ovemight visits for Father, Father
shall be entitled to overnight visits upon mutual agreement of the parties.
H. Notice. Father shall provide Mother with five days notice of his intended periods of
partial custody.
18. HEALTH INSURANCE: WIFE provides health insurance for the child. The
parties shall share the uncovered medical expenses in an amount in proportion to their incomes.
19. INCOME TAX: 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, 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.
20. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties
hereby agree and express their intent that any transfer of property pursuant to this Agreement shall
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be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"),
specifically, the provisions of said Act pertaining to the transfers of property between spouses and
former spouses. The parties agree to sign and cause to be filed any elections or other documents
required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this
Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions
of said Act.
21. WAIVER OF ALIMONY: Except as otherwise provided herein, HUSBAND and
WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are
satisfactory with regard to spousal support and maintenance, past, present and future. The parties
release. and discharge the other absolutely and forever for the rest of their lives from all claims and
demands, past, present or future, for alimony, alimony pendente lite or for any provision for support
or maintenance. The parties further acknowledge that in consideration of the transfers made herein
each completely waives and relinquishes any and all claims and/or demands they may now have or
hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and
court costs.
22. CHiLD SUPPORT: HUSBAND shall pay to WIFE as child support, the amount as
ordered by any Domestic Relations Section in this state or any other state having jurisdiction over
the matter.
23. EFFECT OF DIVORCE DECREE: The parnes agree that, except as otherwise
specifically provided herein, this Agreement shall continue in full force and effect after such time
as a final Decree in Divorce may be entered with respect to the parties.
24. BREACH: If either party breaches any provision of this Agreement, the other party
shall have the right, at his or her election to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, and the party breaching this contract shall be
responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their
rights under this Agreement.
25. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may
dispose of his or her property in any way, and each party hereby waives and relinquishes any and all
rights he or she shall now have or hereafter acquire, under the present and future laws of any
jurisdiction, to share in the property or the estate of the other as a result of the marital relationship,
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including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take
in intestacy, right to take against the Will of the other, and the right to act as administrator or
executor of the other's estate, and each will, at the request of the other, execute, acknowledge and
deliver any and all instruments which may be necessary or advisable to carry into effect this mutual
waiver and relinquishment of such interests, rights and claims.
26. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall
inure to the benefits of the parties hereto and their respective heirs, executors, administrators,
successors and assigns.
28. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at
the request of the other, execute, acknowledge and deliver to the other any and all further instruments
that may be reasonably required to give full force and effect to the provisions of this Agreement.
29. VOID CLAUSES: If any term, condition, clause or provision of this Agreement
shall be determined or declared to be void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this Agreement and in all other respects this
Agreement shall be valid and continue in full force, effect and operation.
30. INDEPENDENT SEPARATE COVEN:ANTS: It is specifically understood and
agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate
and independent Agreement.
31. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the
completeness and substantial accuracy of the financial disclosure of the other as an inducement to
the execution of this Agreement. The parties acknowledge that there has been no formal discovery
conducted in their pending divorce action and that neither party has filed an inventory and
appraisement as required by Section 3 505(b) of the Pennsylvania Divorce Code. Notwithstanding
the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the
Peunsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any
time prior to the date of execution of this Agreement that was not disclosed to the other party or his
or her counsel prior to the date of the within Agreement is expressly reserved. In the event that
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either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right
to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said
asset. The non.disclosing party shall be responsible for payment of counsel fees, costs or expenses
incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the
foregoing the Agreement shall in all other respects remain in full force and effect.
32. MODIFICATION AND WAIVER: A modification or waiver of any of the
provisions of this Agreement shall be effective only if made in writing and executed with the same
formality as this Agreement. The failure of either party to insist upon strict performance of any of
the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the
same or similar nature.
33. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for
convenience only. They shall have no affect whatsoever in determining the rights or obligations of
the parties.
34. APPLICABLE LAW: This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any
amendments thereto.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and
year first above written.
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