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HomeMy WebLinkAbout00-03703 . ~ " ~ .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JAMES B. HENRY No. 00-3703 FLAINTIFF VERSUS SHARON A HENRY nl?m?N1l<\N'T' DECREE IN DIVORCE _ \ \.C) \UL. -z.. \ AND NOW, , IT IS ORDERED AND , :lIlIlS DECREED THAT .TAMES R HENRY, , PLAINTIFF, SHARON A. HENRY, AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONV. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECO.~D"IN TH~ ACTION FOR WHICH A FINAL ORDER HAS NOT VET BEEN ENTERED; ~ Bv T ATTEST: J. ~~.1 P'~HONOTA" Of.0f Of Of. Of Of :f. ;+: ;+::f. ;+:'f:;f.:f:;f. Of. . ~~.I ",\ , ~-~-' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ "'~,\_" '. ,~ '~-J. . . . ~ 4>-)1 .~ M. ~ M.'~ ~ d(f :#~ tf". ,;1\ 'tJS /1~ ~ -;.~. ~ - -.. . -~ - ...., . . ~,.__"__" ' _"iry~ - _ , ,~"',~" ,lM_ ~_R 'l_=~~~ -"'_1~c! .....:..n.~.~ , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA JAMES B. HENRY, PLAINTIFF, Civil Actioll---Divorce Docket No. 2000-3703 V. SHARON A. HENRY, DEFENDANT, PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Please Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301(C) of the Divorce Code. 2. The complaint in Divorce was filed on the 19th, day of June, 2000 and served by way of Certified Mail Return Receipt on the 3n1 day of July 2000. 3. The plaintiff, signed his Affidavit of Consent and Waiver of Notice of Entry of a Divorce Decree on the 6th day of June 2005 which is attached hereto. 4. The defendant signed her Affidavit of Consent and Waiver of Notice on the 19th day of May 2005. 5. There are no related claims pending as between the parties hereto and listed herein to the extent that all marital issues have been settled by way of a marital separation agreement dated the 22nd day of April 2005. 6. The defendant signed a Waiver of Notice of Intention to Request Entry of Divorce Decree on the 9th day of May 2005 pursuant to Rule 1920.72 a copy of which is attached hereto. .Date: 6/12/2005 iIII" ,,"-;1 . ~o.~= iI~"~c:-'!d '--~i' ...........-,,'.,'''-._..t..,,; ~~ ~ ., ~. ~. '"',",~,'''F'' .... .'~""" , , - .--",~- IIIIlli (') c I~ ..eC': ~C) ::PC' 7" =2 " - -- ""- ,,,- ; ~1 ...., = = en , C z o 'TI :r! m-:D --oF;; ::nO ~~ O,i zO OITl "'" :Xi -< .g;- -0 ::E: ~ ..,... ^-~ 11,1 ,',',<- , ,"'-'.:/,"- ".r- "-",. ,,-~- ~"-' ~~~;-~, :;~.;~;<-,,;; \-,h, J, ,,,_ 0 '~'1i~,; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. HENRY, Plaintiff v. NO. 00-.1'70.3 (~L.>.:L y~ SHARON A. HENRY, Defendant CIVIL ACTION - LAW DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 (717) 737-0100 ". '",,- , ,'~,"'.. ~ _, _'. ".:I __,,_, , .....,.--- ~- -~'.< "-,'",,,~~-~--,"--,'- -- '-, -,.,"-':-.--, j:, --',,;..,:;,: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. HENRY, Plaintiff v. NO. ~- 370.3 CIVIL TERM CIVIL ACTION - LAW DIVORCE SHARON A. HENRY, Defendant COMPT,AINT AND NOW, this _ day of 2000, comes the Plaintiff, JAMES B. HENRY, by attorney, DIANE G. RADCLIFF, ESQUIRE, and files this Complaint in Divorce of which the following is a statement: COUNT I: DIVORCE 1. The Plaintiff is James B. Henry, an adult individual residing at 413 Marble Street, Mechanicsburg, PA 17055. 2. The Defendant is Sharon A. Henry, an adult individual residing at 136 West Keller Street, First Floor, Mechanicsburg, PA 17055. 3. Plaintiff and/or Defendant have been bona fide residents of the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. plaintiff and Defendant were married on August 24, 1992 at Shiremanstown, PA. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 -2- .-,~ '.-. -"'Iii '" - - ,~ - - __~,__t' _.___--<','< >"'0"",_" " ",-.- ,--- ,-" ~.<" '-"-__d..,'.,,-, ,,"',,;-,,_"'-.___ ;,,,,.,-- J,o_, M'-,. 1-_.,:--,,",,:_',1 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the grounds on which the action is based are: a. That the marriage is irretrievably broken; Or in the alternative, b. That the parties are now living separate and apart, and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. Or in the alternative, c. That Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render condition intolerable and life burdensome, and that this action is not collusive. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. Respectfully , ESQUIR le Road , PA 1 7011 Phone: (717) 73 7 -0100 Fax: (717) 975-0695 Supreme Court ID # 32112 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 (717) 737-0100 - 3 - DIANE G. RADCLIFF 3448 TRlNDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 ",. .0-:;"-_" - '> - ;~;>--" '.. '-->~ _ J_' '\' _ _ . .i_<- ,~~;, ;;'J,~ ; "u' ~~' VERIFICATION JAMES B. HENRY verifies that the statements made in this Complaint are true and correct. JAMES B. HENRY understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. "A~ ___/ .:f ES B. HENRY - 5 - "4""""~~ ~" "-. ";. ., , SEPARATION AND PROPERTY SETTLEMENT AGREEMENT OF JAMES E. HENRY AND SHARON A. HENRY THIS AGREEMENT, made thisf);)f\J ,day O($jJl'& I ' 2005, by and between James E. Henry, hereinafter referred to as" Husband, and Sharon A. Henry hereinafter referred to as" Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on 24th day of August 1991 in the County of Cumberland, Commonwealth of Pennsylvania. WHEREAS, certain differences have arisen between the parties as a result of which they have separated and, and are desirous, therefore, of entering into an agreement which will provide for support, distribute their marital property, and will provide for their mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised, have come to the following agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs' successors and assigns thereby, covenant, promise and agree as follows: I. SFPARATTON. It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. I,"'"........ ~ .0 '" _. _ t_ ~ , '~, " - ~--""--", , . " , . 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other as fully as if he or she was single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor ill any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on or about May 20, 2000, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims and demands made against him by reasons of debts or obligations incurred by her subsequent to the entry of the divorce decree. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on or about May 20, 2000, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless hom any and all claims and demands made against her by reasons of debts or obligations incurred by him. (A) OUTSTANDING MARITAL DEBTS: It is represented as between the parties that there is currently a joint marital debt incurred during the marriage which includes. a mortgage on a marital home. 2 ;"""""'~" i ~ . . .j : 5. LEGAL REPRESENTATION It is hereby acknowledged and understood as between the parties to this agreement that Husband is represented by Gregory S. Hazlett, Esquire and Wife is represented by Philip Spare, Esquire. Each party has reached this agreement without any duress, coercion, or undue influence and has accordingly entered this agreement voluntarily and knowingly. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to any and all legal or equitable claims not otherwise provided for or allowed within this agreement, inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980, as amended. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in Jawor equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to Section 3302 of the Divorce Code. 7. EOUlTABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3501 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; 3 " , " , , debts, the sources of income of both parties' including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A, DISTRIBUTION OF PERSONAL PROPERTY The parties hereto have divided equally all personal items consisting of, but not by way of limitation, the household furnishings, appliances, and other household personal property of whatever type, description, and form, between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest is such benefits. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which they have divided equally pursuant to this agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real of personal, whether such property was acquired before, during or after the marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 4 , ~". -," , -1SWm", 8. REAL PROPERTY: The parties to this agreement are Joint Legal and Equitable owners of a Marital home located 413 East Marble Street, Mechanicsburg, PA. 17055. Wife hereby agrees and covenants that she shall sign all legal and equitable interest to the marital home to husband when husband refinances the home. Husband shall refinance the mortgage removing Wife's name from the mortgage within a six (6) months from the date of the execution of this agreement and at such time Wife shall sign over a Deed and any and all related documentation to Husband conveying all legal and equitable right title and interest to said marital residence to Husband. Husband shall indemnify Wife and hold Wife harmless in the event that he fails to make any and all payments relative to his occupation and ownership of the home. Husband and Wife shall each be entitled to 50 percent of the eauitv in the home. However Wife's fiftv percent portion shall be deducted bv the arnount that Wife owes to Husband in Child Support Arrearages up to Februarv 8th, 2005 and upon this support arrearage beiug paid in full she shall receive her remaining portion of eauitv. Husband shall pay to Wife the difference of what is owed to Wife as to her portion of the equity in the marital home after the portion of Wife's equity is offset to pay the outstanding child support arrem'age that is owed to Husband. Upon husband offsetting the child support arrearage from Wife's portion of the equity in the marital home, Wife shall be entitled to the difference as to what is owed to her from her portion of the equity in the home after the deduction for the child support arrearage and shall be paid this difference within 7 days from the date husband refinances the home. It is hereby agreed and understood that the value of the marital residence is one hundred and fourteen thousand dollars and this value shall be used to compute the respective portions of equity that will be assigned to either party. Each party shall be entitled to fifty percent (50%) of the equity of the home after all encumbrances and mortgages have been deducted. 5 , 0" 9. PAVMF.NT OF MARITAL nRRTS It is hereby agreed that Husband shall pay one hundred percent 100% of the outstanding the mortgage obligation relative to the home located 413 East Marble St. Mechanicsburg, P A. 17055 Husband shall Hold Wife Harmless and Indemnify Wife in the event he fails to pay all outstanding mortgage payments as they become due. 10. POST-SF,PARATTON ORUr.ATTONS The parties agree and acknowledge that any and all obligations incurred by either party subsequent to their date of separation shall be the sole and separate liability and responsibility of the party incurring the obligation. Each party agrees that he or she will not attempt to, and/or incur MY liability financial or otherwise, to which the other party may become liable in any capacity direct or indirect. To the extent that such party incurs a liability to which the other party may become liable, the party incurring such obligation shall indemnify and hold harmless the other party from any and all liability arising from such post-separation and/or future obligations. II. MOTOR VRHWLRS HusbMd shall retain full legal and equitable ownership of a Ford Escort. Wife shall retain to the extent applicable, any motor vehicle that she is currently in possession of or may later acquire free from any claims of Husband. 12. ,,,TJPPORT Each party forever releases, relinquishes, and forfeits any and all claims against the other for Spollsal Support, Alimony Pendente Lite, Alimony, Costs and Expenses and any and all other claims of sllpport of any kind. Ii "'", , ~".-,' , ,',~, I ~i 13. CffiLD SUPPORT Wife shall satisfy the child suppOrt arrearages owed to husband by allowing husband to retain from her fifty percent (50 %) portion of her equity in the home an amount equal to the current child support arrearages owed up to February Sll\, 2005. Subsequent to the child support arrearage being paid in full Wife shall be entitled to the difference if any as to her equity portion that is owed to her and Husband shall pay the same to her within 7 days of teceiving refinancing on the home removing Wife's name. The satisfaction of the Child SuPPOrt Arreara2es obli2ation is. Material to the formation and execution of this aereement and therefore if Husband fails to petition Domestic Relations Section to mark as satisfied the Child SUl>port Arr~ril~es Wife shaD he entitled to resrind this ll2l'eeDlent and pursue any and liD legal ell/1m. available 10 her relative to her leeal riehts against husband and Wife shall not be held as beinl! in Contempt for rescindlne this al!reement nor be exposed to the oeDalties associated with the rescission of this aifeement should she rescind the al!reemenl due to husbag<<J's failure to mark as satisfied the. aforementioned child supoort arrearaee It is specifically understood that ongoing child support shall continue and tIle striking of the child support relates only to child support arrearages. 14. CHILD Cl:STODY The words "children" shall apply to Aimee Henry. Shelby Henn and Keyin Henn. (a) Father shall have Primary Physical Custody of the children (b) The parties shall have Shared Legal Custody of the children (c) The mother shall have Partial Physical Custody of tbe cbildren. 1. The Mother shall have physical custody of the children on alternating weekends commencing at Friday 4:30 p.m. throl/.gh Sunday at 12:00 noon and at any additional times arranged by agreement between the parties. 2. Father shall have custody of the children at all other dates and times that the children are not within the custody of the Mother per the terms and conditions as set forth within this agreement. 3. Custody of the children for the purpose of holidays including the children's' birthdays shall be shared on an equal basis. 7 - '" -- ~ "" '-<"'"'' c_"_'--", -J_ "i" .,1 4. Father shall be entitled to declare the children as dependents for the purpose of Federal, State, and Local income taxes provided Husband has Primary Physical Custody. 5. Neither party shall remove the children from the Commonwealth of Pennsylvania without notifying the non-custodial parent of their intentions to remove the child and shall also provide the names, addresses, and phone number(s) of their destination so as to enhance and allow communication as between the parties. 6. The father will provide the transportation relative to the custody exchanges of the children. 7. The parties shall cooperate relative to sharing information pertaining to school records, medical records, and information regarding the children's day-to-day activities. 15. PENNSION PLAN(S): Husband and Wife shall each release and relinquish any and all claims against the other party's pension, 401 (k), stocks, bonds, retirement accounts, and/or any and all other accounts wheresoever located regardless of the date it was acquired. 16. COUNSEL FEES AND EXPENSES: Husband and Wife Acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provisions for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 17. WAIVERS OF CLAIMS AGAINST ESTATES: 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 may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property 8 ,'t' ~ .', or estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, intestate share, right to take against the will of the other, and right to act as administrator or executor of the others estate. 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 all such interests, rights and claims. 18. SUBSEQUENT DIVORCE This Agreement shall be incorporated into but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 19. BREACH AND ENFORCEMENT: 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 other such remedies or relief as may be available to him or her, and the party breaching this Agreement should be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. A. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, or in Law and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties to not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of Equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. 9 _,JJ ,- "'--> " B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in consequence of any default or breach by the other of any of the terms or provisions of this agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever; provided that the party seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by him or herself as well as the other party in endeavoring to protect or enforce his or her rights under this Agreement. 20. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 21. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been completely reviewed by the parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the 10 =-"~~~~~=~ . ~.."'" ,~ ~ L~ -..",--- result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other, which has been requested by each of them. 22. FNTTRR AfiRFRMRNT. 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the division and distribution of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors, which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 40 I (d) of the Divorce Code or any other laws. Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing any provision of this Agreement. 23. nrsrT ,OSTJRR. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other party of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 24. MOnTFTrATTON ANnWATVF,R' A modification and waiver of any of the provisions of this Agreement shall be effective 11 .'~. ~ 1 , " . 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 default of the same or similar nature. 25. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect as well as any verbal agreements or representations occurring prior to the effective date of this instrument. 26. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 27. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 28. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 29. VOID CLAUSES: If any terms, conditions, 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. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 12 -,- ,,- '"~ '" ,;, , " , . > 1 . , . .: , . , , '.' IN WITNESS WHEREOF, the parties hereto have set their hand and seals the day and year fikI~;:r'~' 00.00 Commonwealth of Pennsylvania County of Cumberland On this, the .:It:J.lld ,day of AP~\'L A.D. 2005, before me a Notary Public appeared James B. Henry, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Commonwealth of Pennsylvania County of Cumberland On this, the c--;;r- ,day Of~A/.?- A.D. 2005, before me a Notary Public Sharon A. Henry, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. . ~~i;ll ~~ Q. ~~ Sharon A. Henry COMMONWEALTH OF PENNSYLVANIA Title molDlmf_r Diane L. Golden, Nntary Public MechanicsbulJj Born, Cumberland County My Commission Expires Nov. 29, 2007 Member, Pennsylvania AssocIation of Notaries ....J.t-r.: -"" + ~t tje.(~'j.:w.~~>.'~< --, IN WITNESS WHEREOF, I hereunto set my hand and ial seal. Seal y Commission Expires Jlm~ f Officer 13 "".' c\l\t\~, , ,I -- ~~ -'-~"~~~_i-U__ iiir. ~t ~... "'~ <'. ~Jii~ ~ 'C' ~" t~ (') r- '--.. .' ~~f; ~';'> "~7 -e~ ~'- ~ " .1iIlollo',.., I. ~ ,. '. . , , "-> = = 0'> '- S -- 5f\ -I ::c~ m~~ r- -()rn -""0 -~ I ~O :r=t-i 2<'") om > ~ ... ::';! ..... ":? w . ~ ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYL VANIA JAMES B. HENRY Plaintiff, No. 2000-3703 v. Civil Action - Divorce SHARON A. HENRY, Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on June 19th 2000, and served upon defendant on by way of Certified Mail Restricted delivery on the 27th day of June, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have Elapsed from the date of service of the divorce Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers Fees or expenses ifI do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. S 4904 relating to unsworn falsification to authorities. ~d Date: Co~G-o~ Ja , ."';';"'-,"""," -', -~ ~ '~. li~:iJl9. ~O ~~. "~~' 'i.lW I!!!< .. ~lllllll~~\'m . cs ~ i ,-,"~.L. ~"~,-." -" ~" ."" C) "" ~ = C = s: "'" :i!..." <- -vec c S1ct,~; fTl'F :z -om ~;~~-- :u~ r- 0 -,." ~,=H ~j~~~ -0 0- 3: 0 L(~" 2m >...? N 0 'c >! -". .. :J ::J:J , C;..) -< . '~: i I I , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYL VANIA JAMES B. HENRY Plai ntilI, No. 2000-3703 v. Civil Action. Divorce SHARON A. HENRY, Defendant AFFlDA VIT OF CONSENT 1. A complaint in divorce unq,er Section 3301(c) of the Divorce Code was filed on June 19th 2000, and served upon defendant on by way of Certified Mail Restricted delivery on the 27th day of June, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have Elapsed from the date ofservice of the divorce Complaint. 3. I consent to the entry of a final decree of divorce. 4.1 understand that I may lose rights concerning alimony, division ofpropeny, lawyers Fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Date:,) J fer /'(5 / . / ;;'..,;.", "'..~" ~. 1ii1' ~ - !SIltii!~a-~-fu<-" -- ""Ii~~'1-;~"~-<-'" 6-s ~ _"L..'~'"''"" ""'.1...._ --~ "~= () r'- ~ -oce ~[;~: @~ >c ..",. ~3 .... ,of'. " ,~, ~I "" = = c.n '- c:: z o ." :i! m~ ~9 00 ------i" II, 0- -/0 om ,...-t 35 -< .c- -0 :J:: ~ w Ii; d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYL VANIA JAMES B. HENRY Plaintiff, No. 2000-3703 v. Civil Action, Divorce SHARON A. HENRY, Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF 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 1 will not be divorced until a Divorce Decree is entered by the Court, and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. & 4904 relating to unsworn falsification to authorities. Date: \0 -(p-o> ilr"~' ~~- ~, -, w' ; - "- "~- -"';;",,' ,":..., '~''''=~- '~~~ ~~-lI!mm".~~""''' ~ ~ J." 0" _. '~, .'. , =~~- 0 ....., c:: = 0 = :c- <:J'O -n -oce c... X fTlr"j ~~:' c:: - m::!l -- -o~ .0:- 6 -I ~'"c " I::g ~c:; -". 0- - z:~ c:: ~ 011- ~ ~ w -< . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA JAMES B. HENRy Plaintiff. No. 2000.3703 v. Civil Action - Divo~.e SHARON A. HENRY, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 (C\ OF THE PIVORCE CODE I. I consent to the entry of a fInal Decree of Divorce without notice. 2. I under~tand 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. 4. I verify that the statements made in this Affidavit are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa. e.S. & 4904 relating to unsworn falsification to authorities. Date:o (I C1 106. . { kl16,J1__ ~ SbaronA. Henry, Defendant \ ~' : -, .',., , ~: - .-' ' t- all -,;.",- '~'-- " "';~M~lliiK_.b.L! .l;. .....""';,;..h~.- ~ ~ r"'C- ~~ ''', , .,;,- , ',/-, o ,,,reo <.-~ "0 iJ3 DJLr; ~~~. -",,," <C~' ~c ,-0 )>c Z. =< ~"' -~ -"I I I ....., = = ....... L c: Z ~ ~ m~ "'Om~ -0 ~c -.- " O:,:IJ "'?i01 ........rT ~ ?fl .< .j;'" -0 I)t c..:> ~. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYL VANIA JAMES B. HENRY, PLAINTIFF, Civil Action---Divorce Docket No. 2000-3703 V. SHARON A. HENRY, DEFENDANT, CERTIFICATE OF SERVICE I, Gregory S. Hazlett, Esquire, hereby certify that on the 3RD day of July 2000 service was made of the foregoing Divorce Complaint and related documentation upon the defendant Sharon A. Henry by way of Certified Mail Return Receipt requested. DATED: 6/12/2005 -~ ~ --~l1-'-"~o;,;iitiliM'tr b- ~ --. 'n':~~j,j, .,' "" ", U" (') c li~C PC:: z -< '" -. ,dH'~' '." ,..., = = en <-- c::: :Z .r:- -0 :::;r; 1)? o "Tl ~ rn :!! ~~ -10 :r:=li 0"", 2M 8 53 -< &'" . ..".., ." DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 ", ',_',__;!' -- "~" '~-" '-"'1,,.__; , ------' ,~ , J.''-i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. HENRY, Plaintiff v. NO. 00-3703 CIVIL TERM CIVIL ACTION - LAW DIVORCE SHARON A. HENRY, Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Divorce Complaint has been served upon the Defendant, Sharon A. Henry, by Certified Mail, Restricted Delivery on June 27, 2000. The return receipt is attached hereto as Exhibit "A" and made a part hereof. Respectfully submitted, , ESQUI E Road A 17011 Phone: (717) 737-0100 Fax: (717) 975-0695 Supreme Court ID # 32112 Attorney for plaintiff L_. ",'. , '. DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 (717) 737-0100 ,.," ."' ,'" , "j. 'I :-;-. ,~ . "." 0,;- I ! I I , i ! . compleieit~s1; fa~d 3.Ai~o~o"';pi~t~ item 4 if RestricteGl Delivery is desired. f · Print your name and address pn the reverse '1 so ttlat we can return the card to 'you. . Attacl1 this card to the back of the mailpiece. or on the front i~ space permits. 1'C~eCd:-.sse .......dt.;....!:_ l t ..:::> I~ '"" I ~ft. .~ toli>l0~ ,.. . ~~ ftOOe. \'1\ D. Is delivery address diffarent from em 1? If YES, enter delivery address below: D Agent D Addressee DYes oNo ftt 4, ~.liJi.!.em.. .'.'. er~..,'. . ",servie :~el) .311. ...'~'.,.,;:.' ...l!.....~......_. '. ~u ' __,' _ ,_:.., ~: . -, j!"" " ,'-' ,'- - L j III PS FormHH, .i~ly1ill9 . . Do....~II.ll!litiir"R_ .. . .,,," ; 102s9s-99.M.171 EXHIBIT "A" RETURN RECEIPT -2- ;,'.'0\___ : _c_ _'~, " ~.. .."....C.. .... .. .... .... ~"-,--- ~ "cr-. ',-," ":,,<.--s . . C'., ~'" ~ "k .' -.. () C,j ~ '-.... C <::) -n ;;;:: '- ~:::J -aCC! c:: .:;.,;:0 t;Pq:; ,-- '.'(- 655" I --,..,rn W -~"( ~f=' '~..:,C) "'1J .",- -1', ::!l: ~~2 ;~ zQ 1'3 ;'::jrn ;p:~' '.- c ~ Z ::0 ::< (,oJ -< ~~ ~. !1.'z. oJl ~ . ~, . -----, .'ilt~1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYL VANIA JAMES HENRY, PLAINTIFF, Civil Action---Divorce Docket No. 00-3703 V. SHARON HENRY, DEFENDANT, STATEMENT OF INTENTION TO PROCEED To the Court: James Henry, plaintiff intends to proceed with the above captioned matter. Datedln / I ! 0 3 Sincerely, -b, ,.;.;., llIiiflllillih"~O""~oO'~J:IJ;~~~~~M!1Ii-*liJ>~~~il!i:H~lUt!.' [""JlbI' "~ '''<~'~iiiiA- ~ >.~ ~--,.;"" ~ / / o c: ~ ~. ""'OCf) mpe, 7:'C ~S:;, ~\._" ~q ='---' yC: ~ I" ~5 ::::J n ..,\ , r....) ,. ,'., ... "'", Q, '''(1 ::1' f'::-':: .-,-:,0 -i:'--( _:-=-~C}. ;..~3 ~~')tn 2 ~ I:'? '.11 I.v .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. HENRY, Plaintiff v. NO. Oc-.l7C>.3 (30":( '-r~ SHARON A. HENRY, Defendant CIVIL ACTION - LAW DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 'G, RADCLIFF 'RINDLE ROAD HILL, PA 17011 '37,0100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. HENRY, Plaintiff v. NO. ~- 3lt23 CIVIL TERM SHARON A. HENRY, Defendant CIVIL ACTION - LAW DIVORCE COMPLAINT AND NOW, this day of 2000, comes the Plaintiff, JAMES B. HENRY, by attorney, DIANE G. RADCLIFF, ESQUIRE, and files this Complaint in Divorce of which the following is a statement: COUNT I: DIVORCE 1. The Plaintiff is James B. Henry, an adult individual residing at 413 Marble Street, Mechanicsburg, PA 17055. 2. The Defendant is Sharon A. Henry, an adult individual residing at 136 West Keller Street, First Floor, Mechanicsburg, PA 17055. 3. Plaintiff and/or Defendant have been bona fide residents of the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. plaintiff and Defendant were married on August 24, 1992 at Shiremanstown, PA. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. G, RADCLIFF qlNDLE ROAD HILL, PA 17011 17,0100 - 2 - . 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the grounds on which the action is based are: a. That the marriage is irretrievably broken; Or in the alternative, b. That the parties are now living separate and apart, and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. Or in the alternative, c. That Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render condition intolerable and life burdensome, and that this action is not collusive. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. Respectfully , ESQUIR le Road , PA 1 7011 Phone: (717) 737- 0100 Fax: (717) 975-0695 Supreme Court rD # 32112 IE G, RADCLIFF TRINDLE ROAD P HilL, PA 17011 737.0100 - 3 - NE G, RADCLIFF I TRlNDLE ROAD JP HILL, PA 170ll ) 73HllOO VERIFICATION JAMES B. HENRY verifies that the statements made in this Complaint are true and correct. JAMES B. HENRY understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. // AlL tB. HENRY ~ - 5 - n ti St?;> 'Oooa~ :r:..,,,, :::; ~ z '"' ~- S. I:T1 ~~ "--<:;0 ~(i"~> -::Or-< 0 -...J 0 > (") 2 ~ >: t; - ::g 10 (J ~ ~ ~rr. ~~?i .-o~ dg~ ~~iP~ J o ~~; '1:.~ i-'~~ C)/,--' ;:~':;-{.::c" Jfc:~: ~jff <:: =< :~ r", SEPARATION AND PROPERTY SETTLEMENT AGREEMENT OF JAMES E. HENRY AND SHARON A. HENRY THIS AGREEMENT, made thisOb}(lx-f ,day ofBIf', I ' 200S, by and between James E. Henry, hereinafter referred to as" Husband, and Sharon A. Henry hereinafter referred to as" Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on 24\10 day of August 1991 in the County of Cumberland, Commonwealth of Pennsylvania. WHEREAS, certain differences have arisen between the parties as a result of which they have separated and, and are desirous, therefore, of entering into an agreement which will provide for support, distribute their marital property, and will provide for their mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised, have come to the following agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenanls and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs' successors and assigns thereby, covenant, promise and agree as follows: L <,;FPARATTON' It shall be lawful for each party at all times hereafter to live separate and apart from tbe other at such place or places as he or she may from time to time choose or deem fit. . , " . 2, INTERFERENCE: Each party shall be free from interference, authority and contact by the other as fully as if he or she was single and unmarried, except as may be necessary to carry out the provisiDns of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other. nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor ill any way interfere with the peaceful existence, separate and apart from the Dther in all respects as if he or she were single and unmarried 3, WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on or about May 20, 2000, she has not, and in the future she will not, contract or incur any debt Dr liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims and demands made against him by reaSDns of debts Dr obligations incurred by her subsequent to the entry of the divorce decree. 4, HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on or about May 20, 2000, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims and demands made against her by reasons of debts or obligations incurred by him, (A) OUTSTANDING MARITAL DEBTS: It is represented as between the parties that there is currently a joint marital debt incurred during the marriage which includes a mortgage on a marital home, 2 .' 5, LEGAL REPRESENTATION It is hereby acknowledged and understood as between the parties to this agreement that Husband is represented by Gregory S, Hazlett, Esquire and Wife is represented by Philip Spare, Esquire, Each party has reached this agreement without any duress, coercion, or undue influence and has accDrdingly entered this agreement vDluntarily and knowingly, 6, MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to any and an legal or equitable claims not otherwise provided for or allowed within this agreement, inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980, as amended. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to Section 3302 of the Divorce Code, 7, EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3501 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity Df each party for future acquisitions of capital assets and income; 3 debts, the sources of income of both parties' including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation Dr appreciation Df the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the econDmic circumstances of each party at the time the division of property is tD become effective, The division of existing marital property is nDt intended by the parties to constitute in any way a sale or exchange Df assets, funds or other prDperty not constituting marital property, The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties, A. DISTRIBUTION OF PERSONAL PROPERTY The parties hereto have divided equally all personal items consisting Df, but not by way of limitation, the household furnishings, appliances, and other household persDnal property Df whatever type, description, and form, between them, and they mutually agree that each party shall from and after the date hereDf be the sole and separate owner Df all such tangible personal property presently in his or her possession. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph, Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have vested or cDntingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest is such benefits, From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which they have divided equally pursuant to this agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real of personal, whether such property was acquired before, during Dr after the marriage, and neither Husband nDr Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 4 8, REAL PROPERTY: The parties to this agreement are Joint Legal and Equitable Dwners Df a Marital home located 413 East Marble Street, Mechanicsburg, PA. 17055, Wife hereby agrees and covenants that she shall sign all legal and equitable interest to the marital home to husband when husband refinances the home, Husband shall refinance the mDrtgage removing Wife's name frDm the mortgage within a six (6) months from the date of the executiDn of this agreement and at such time Wife shall sign over a Deed and any and all related documentation to Husband conveying all legal and equitable right title and interest to said marital residence to Husband, Husband shall indemnify Wife and hold Wife harmless in the event that he fails to make any ancl all payments relative to his occupation and ownership of the home, Husband and Wife shall each be entitled to SO percent of the equity in the home. However Wife's fifty percent portion shall be deducted by the amount that Wife owes to Husband in Child Support Arrearages up to February 8'", 2005 and upon this support arrearage being paid in full she shall receive her remaining portion of equity. Husband shall pay to Wife the difference of what is owed to Wife as to her portion of the equity in the marital home after the portion of Wife's equity is offset to pay the outstanding child support arrearage that is owed to Husband. Upon husband offsetting the child support arrearage from Wife's portion of the equity in the marital home, Wife shall be entitled to the difference as to what is owed to her from her portion of the equity in the home after the deduction for the child support arrearage and shall be paid this difference within 7 days from the date husband refinances the home. It is hereby agreed and understood that the value of the marital residence is one hundred and fourteen thousand dollars and this value shall be used to compute the respective portions of equity that will be assigned to either party. Each party shall be entitled to fifty percent (50%) of the equity of the home after all encumbrances and mortgages have been deducted. 5 9, PAVMFNT OF MARITAl. OFRTS It is hereby agreed that Husband shall pay one hundred percent 100% of the outstanding the mortgage obligation relative to the home located 4]3 East Marble St. Mechanicsburg, PA. 17055 Husband shall Hold Wife Harmless and Indemnify Wife in the event he fails to pay all outstanding mortgage payments as they become due, \0, POST.SFPARATTON ORl.l(~ATTONS The parties agree and acknowledge that any and all obligations incurred by either party subsequent to their date of separation shall be the sole and separate liability and responsibility of the party incurring the obligation, Each party agrees that he or she will not attempt to, and/or incur any liability financial or otherwise, to which the other party may become liable in any capacity direct or indirect. To the extent that such party incurs a liability to which the other party may become liable, the party incurring such obligation shall indemnifY and hold harmless the other party from any and all liability arising from such post-separation ancl! or future obligations, I 1. MOTOR VFHTrl.FS Husband shall retain full legal and equitable ownership of a Ford Escort. Wife shall retain to the extent applicable, any motor vehicle that she is currently in possession of or may later acquire free from any claims of Husband. 12, STTPPORT Each party forever releases, relinquishes, and forfeits any and all claims against the other for Spollsal Support, Alimony Pendente Lite, Alimony, Costs and Expenses and any and ail other claims of support of any kind, Ii 13. CHILD SUPPORT Wife shall satisfy the child suppon arrearages owed to husband by allowing husband to retain from her fifty percent (50 %) portion of her equity in the home an amount equal 10 the current child support arrearages owed up to February 8U1, 2005, Subsequent to the child support arrearage being paid in full Wife shall be entitled to the difference if any as to her equity portion that is owed to her and Husband shall pay the same to her within 7 days of receiving refinancing on the home removing Wife' s name, The satisfaction of the Child Support Arresrll2e8 obliJ!atlon is Material to the formation and execution of this alUeement and therefore if Husband fails to petition Domestic Relations Section to mark as satisfied the Child SuPPOrt Arreanll!e8 Wife shall he entitled to r~ind this a2reement and pursue any and "D Il!l!iIl daim~ available to her relative to her Iet!al ri2hts apinst husband and Wife shall not be held as beine in ContemDt for resclndlnl! this al!reement nor be exposed to the penalties associated with the rescission of this al!reement should she rescind the al!reement due to husband's failure to mark as satisfied the aforementioned child sUDoort arrearalZe It is specifically understood that ongoing child support shall continue and the striking of the child support relates only to child support arrear ages . 14. CHILD C1;STODY The words "children" shall apply to Aimee Henrv. Shelbv Henrv and Kevin Henry. (a) Father shall have Primary Physical Custody of the children (h) The parties shall have Shared Legal Custody of the children IC) The mother shall have Partial Physical Custody of the children, \, The Mother shall have physical custody of tbe children on alternatlllf: weekends commencing at Friday 4:30 p.m. throuih Sunday at 12:00 noon and at any additional times arranged by agreement between the parties. 2, Father shall have custody of the children at all other dates and times that the children are not within the custody of the Mother per the terms and conditions as set forth within this agreement, 3, Custody of the children for the purpose of holidays including the children's' birthdays shall be shared on an equal basis. 7 4, Father shall be entitled to declare the children as dependents for the purpose of Federal, State, and Local income taxes provided Husband has Primary Physical Custody, S, Neither party shall remDve the children from the Commonwealth of Pennsylvania without notifying the non-custodial parent of their intentions to remove the child and shall also provide the names, addresses, and phone number(s) of their destination so as to enhance and allow communication as between the parties, 6, The father will provide the transportatiDn relative to the custody exchanges of the children, 7, The parties shall cODperate relative to sharing information pertaining to school records, medical records, and information regarding the children's day-to-day activities, IS, PENNSION PLAN(S): Husband and Wife shall each release and relinquish any and all claims against the other party's pension, 401 (k), stocks, bonds, retirement accounts, and/Dr any and all other accounts wheresoever located regardless of the date it was acquired. 16, COUNSEL FEES AND EXPENSES: Husband and Wife Acknowledge and agree that the provisiDns of this Agreement providing for the equitable distributiDn of marital prDperty Df the parties are fair, adequate and satisfactory to them. BDth parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provisions for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties, 17, WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose Df his Dr her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property 8 or estate of the other as a result of the marital relatiDnship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, intestate share, right to take against the will of the other, and right to act as administratDr or executor of the others estate, Each will, at the request of the Dther, execute, acknowledge and deliver any and all instruments, which may be necessary, Dr advisable tD carry intD effect this mutual waiver and relinquishment of all such interests, rights and claims, 18, SUBSEQUENT DlVQRCE This Agreement shall be incorporated into but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purpDses of enforcement only, 19, BREACH AND ENFORCEMENT: 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 other such remedies or relief as may be available to him or her, and the party breaching this Agreement should be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. A, It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, or in Law and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law, The parties to not intend or purport hereby to improperly confer jurisdiction Dn a Court in Equity by this Agreement, but they agree as provided herein for the forum of Equity in mutual recDgnition Df the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one, 9 . . B, Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an actiDn at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay, C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upDn, or in consequence of any default or breach by the other of any Df the terms or provisions of this agreement by reaSDn of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever; provided that the party seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation, It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by him or herself as well as the other party in endeavoring to protect or enforce his or her rights under this Agreement. 20. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 21. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been completely reviewed by the parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the 10 , result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other, which has been requested by each of them, 22, FNTIRF Ar.RFFMF,NT' 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. Husband and Wite acknowledge and agree that the provisions of this Agreement with respect to the division and distribution of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors, which have been taken into consideration by the parties, Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 40 I (d) of the Divorce Code or any other laws, Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing any provision of this Agreement. 23, OlSCT.OSlTRF' Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other party of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 24, MOOlFTrATJON ANn WAIVF,R. A modification and waiver of any of the provisions of this 'Agreement shall be effective 11 " , 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 cDnstrued as a waiver of any subsequent default of the same or similar nature, 25, PRIOR AGREEMENT: It is understood and agreed that any and aH property settlement agreements which mayor have been executed prior to the date and time of this Agreement are nuH and void and of no effect as weH as any verbal agreements or representations occurring prior to the effective date of this instrument. 26, DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only, They shall have no effect whatsoever in determining the rights or Dbligations of the parties, 27. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shaH be deemed to be a separate and independent covenant and agreement. 28, APPLICABLE LAW: This Agreement shaH be construed under the laws of the Commonwealth of Pennsylvania, 29 VOID CLAUSES: If any terms, conditions, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then Dnly that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shaH be valid and continue in full force, effect and operation. 30. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns, 12 ,,',. .. 'Of " . J , 10' , . . . .' IN WITNESS WHEREOF, the parties hereto have set their hand and seals the day and year 7k;l i:f 1,~ly boooo Commonwealth of Pennsylvania County of Cumberland d . On this, the ~~ II ,day of A Pi\ \ L A.D. 2005, before me a Notary Public appeared James B. Henry, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, [ hereunto set my hand and official seal. ~l6Y) O. ~1 Sharon A. Henry ~eal COMMONWEALTH OF PENNSYLVANIA Title ofofilMilloJr . " Diane L. Golden, Notary Public jJ'" MechanicsbL118 Boro, Cumberland County My Comm:ission Expn6S Nav 29. 2007 \., Member, Pennsylvanra Assocratlon of Notaries ~ " ... V' ti! iW'l\l'!.~ -:m<<'~WI!"(~." :# Commonwealth of Pennsylvania County of Cumberland On this, the c--3 ,day Of#P.c.- A.D,2005, before me a Notary Public Sharon A. Henry, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, J hereunto set my hand and Seal Commi..lon Explm Jun~ f Officer 13 o r- "-~;~ n-' r-> c..:> f;; i-:-: -.,.,. "",~ -.1. -< .v ~ ..... ~J: -n rnp __,lIon -~-;d "'''; L ~:.::~~. :\: -d =,-)c> >~n" l:~ '.;~':i C< -q - ~ (..> - <1- .... , " lANE G, RADCLIFF 148 TRINDLE ROAD A.MP HILL, PA 17011 17) 737.0100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. HENRY, Plaintiff v. NO. 00-3703 CIVIL TERM CIVIL ACTION - LAW DIVORCE SHARON A. HENRY, Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Divorce Complaint has been served upon the Defendant, Sharon A. Henry, by Certified Mail, Restricted Delivery on June 27, 2000. The return receipt is attached hereto as Exhibit "An and made a part hereof. Respectfully submitted, , ESQ Road A 17011 Phone: (717) 737 - 0100 Fax: (717) 975-0695 Supreme Court ID # 32112 Attorney for Plaintiff \L<::lrr 1"5e~er6q6oiooo31 ~ 04 ~ ~ 6~ PS Form 3811 , July 1999 10 ...,.. SENDER COMPLETE THIS SECTION . Complete itsms 1, 2, and 3, Also complete item 4 jf Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 'gt~~. l~~ \0~ -\\Mf B?DrZ.. \Y\ D. \s delivery address different from em 1? If YES, enter delivery address below: o Agent o Addressee DYes o No 4, Yes Domestic Return Receipt 102595-99-M-1789 EXHIBIT "A" RETURN RECEIPT ANE G, RADCLIFF 48 TRINDLE ROAD \MP HILL, PA 17011 17) 737-0100 ------- -2- 0 r~ e- el g. ~ ~n:: r:: "}.;. rpl..;! .-..)..; I '_l."": 2+:. ~' L....~' ,~ ..,., .n_ >;(: ::>: { ,,,'''f \ N $c.~ . .. '.~-\ , (, :s ~~:J \ -<. (,J -< , " - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA JAMES B. HENRY, PLAINTIFF, Civil Action--Divorce Docket No. 2000-3703 V. SHARON A. HENRY, DEFENDANT, CERTIFICATE OF SERVICE !, Gregory S, Hazlett, Esquire, hereby certify that on the 3RD day of July 2000 service was made of the foregoing Divorce Complaint and related documentation upon the defendant Sharon A Henry by way of Certified Mail Return Receipt requested, DATED: 6/12/2005 ~ ~ <...., ~ c~ I~~\ :;'( ...... .s::- q, ~e (m "",..., -0\ (?~q, ~{?:~ ':d\ ~; :.-:c -0 > -: r:-:' ...... .s::- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYL VANIA JAMES B. HENRY Plaintiff, No. 2000-3703 v. Civil Action - Divorce SHARON A. HENRY, Defendant AFFIDAVIT OF CONSENT I. A complaint in divorce under Section 330l(c) of the Divorce Code was filed on June 19th 2000, and served upon defendant on by way of Certified Mail Restricted delivery on the 27th day of June, 2000, 2, The marriage of plaintiff and defendant is irretrievably broken and ninety days have Elapsed from the date of service of the divorce Complaint. 3, I consent to the entry of a final decree of divorce. 4, I understand that I may lose rights concerning alimony, division of property, lawyers Fees or expenses if! do not claim them before a divorce is granted. I verify tbat the statements made in this affidavit are true and correct. I understand that false statements berein are made subject to the penalties of 18 Pa. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Date: Co- Co - 05" Ja x:- q, :?,~ f1 k:', ""')"..., "1, ':=3,r;.Ji -."S- ':;1 -C j~~ -;JJ:.. 6" ~~ :~ t:::5 .' o c ....;r ~ ~ ~ - - c..:> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA JAMESB. HENRY Plaintiff, No. 2000-3703 v. Civil Action - Divorce SHARON A. HENRY, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE \, 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, 4, I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. & 4904 relating to unsworn falsification to authorities, Date: \0 -(P-b> ---- (') 0, r-' =' ~ <-- c::: :;;;:. - ~ ...... -:t:-n f1"\~ r,;; 13q 0,(:;; :-j-.,.-, l--'"'\ ;.::~') '<:::;:1;i"1 , J '::::-t J>' :~ .10"" :9. --- ~ <.N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA JAMES B. HENRY Plaintiff, No. 2000-3703 v. Civil Action. Di,'orct SHARON A. HENRY, Defendant AFFlDA VIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on June 19th 2000, and served upon defendant on by way of Certified Mail Restricted delivery on the 27'h da} of I une, 2000, 2, The marria.ge of plaintiff and defendant is irretrievably broken and ninety days have Elapsed iTom the date of service of the divorce Complaint, 3, I consent to the enll)' of a final decree of divorce, 4, I understand that 1 may lose rights concerning alimony, division of property, lawyers Fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made In this affidavit are true and correct. I undentand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Date:S- ) /9' /nC::; ! . I - s2hWtPll 0, ~ Sharon A. Henry, Defendant d .. C) ~.; ':"-.,.... '--C 1'.' , "-' e'-" :0;;;- ::j _.~ ...., = = <..n <- C :2: ~ =i-n rnf;; "'~ :0 :J ~~~~ '?-O .c.-trl :J :;:-..! ~5;! .- r -:J =t: is} w IN THE COURT OF COl\1MONPLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA JAMES B. HENRY Plaintiff No. 2000-3703 v. Civil AttioD - Dlvo~ee SHARON A. HENRY, Defendant WAIVER OF NOl'lC~ OF INTENTION TO REOUEST ENTRY OF DIVORCE DEC~E UNDER SEcnON 3301 (0 OF THE :DIVORCE CODE ), ] consent to the entry of a final Decree of Divorce without notice, 2, ] understand that I may lose rights concerning alimony, division of ptoperty, lawyer's fees or expenses in do not claim them before a Divorce is granted, 3. I understand that r will not be divorced until a Divorce Decree is entered by the Court, and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 4, 1 verify that the statements made in this Affidavit are true and correct. I undel'stand that false statements herein are made subject to the penalties of 18 Pa, C,S, & 4904 relating to unsworn falsification to a\lthorities, Date:.::)! I C1 los;- ( ~)\ crQ, ~ Sbaron A. Henry, Defendant -- n ~ -uH~' ~~\) \;, -., ~ ", ~D c:::.\" ~f~~:l. '7 ~:2, r--> "''' ~ '-- ~ :- ~ =1--<'1 rn r=: ~('r1. :"9 ()C) --j-, , -I -n --"j-' (:::,..cf; 5\ .--A :.!is :..( --c :::::": - N .' V) - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA JAMES B. HENRY, PLAINTIFF, Civil Action---Divorce Docket No. 2000-3703 V. SHARON A. HENRY, DEFENDANT, PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Please Transmit the record, together with the following information, to the court for entry of a divorce decree: J, Grounds for divorce: irretrievable breakdown under Section 3301(C) of the Divorce Code, 2, The complaint in Divorce was filed on the 19'\ day of June, 2000 and served by way of Certifled Mail Return Receipt on the 3'd day of July 2000, 3, The plaintiff, signed his Affidavit of Consent and Waiver of Notice of Entry ofa Divorce Decree on the 6'h day of June 2005 which is attached hereto, 4, The defendant signed her Affidavit of Consent and Waiver of Notice on the 19'h day of May 2005, 5, There are no related claims pending as between the parties hereto and listed herein to the extent that all marital issues have been settled by way of a marital separation agreement dated the 22"d day of April 2005, 6, The defendant signed a Waiver of Notice of Intention to Request Entry of Divorce Decree on the 9'h day of May 2005 pursuant to Rule 1920.72 a copy of which is attached hereto, ,Date: 6/12/2005 ;J;;'. '" c::) = c.n '- c= Z ...- o "Tl ~-n n'F --am -"9 \~~~; -:--::,....,i C.;2n ."71"(1 , :::::., ~ ::<; -;) :::E: t:':? .' - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA JAMES HENRY, PLAINTIFF, Civil Action---Divorce Docket No. 00-3703 V. SHARON HENRY, DEFENDANT, STATEMENT OF INTENTION TO PROCEED To the Court: James Henry, plaintiff intends to proceed with the above captioned matter. Dated=!n/ 1,1 03 Sincerely, re S. Haz quire omey for Plain ff 20 South Market Street Mechanicsburg, P A. 17055 c~ <;.. ~~) o \ "4"'t. rf,,', "7 cr' -"- c ' :.r."_. 'J;,-, ~,L_,. 'rC;: :2 .",r, "'" -" '.. ,.', ""il ')"1 ~...) 'J.-' -<- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . .. . . . . . .. :of:+: :+,:+,:+:;t;:+; IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF JAMES B. HENRY No. PLAINTIFF VERSUS SHARON A HFNRY nJ?J?J?NnANT AND NOW, DECREE IN DIVORCE _ \ l C) \U2... -z... \ DECREED THAT .TAMES R HRNRY, AND SHARON A. HENRY, ARE DIVORCED FROM THE BONDS OF MATRIMONY, PENNA. 00-3703 , lOgS , IT IS ORDERED AND , PLAI NTI FF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECO.~D^IN TH~ ACTION YET BEEN ENTERED; ~ FOR WH ICH A FI NAL ORDER HAS NOT Incorporated into the Divorce Decree and shal ~~~A~~ // \~ -~, r:/> ...:;'......-.;. COURT: ~. ~. '<' , - :.....': " - By T ~~ '-' '~ -~ " ~ ., j,.. , Am,~ . " ~.~ P"cr.HONOTA"' ,. ~. .- ~ ..,; .--,- ;~:..:~:~.:.~.:;~:;; ~~ ..........-"" . 00000000.00000 . .. . :+':f.:+'<ti :+' . . . :+':+':+':+ :+''f.:+':+' :+':+':t''+ . .. . ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . h /- ~~?/, 5rJ, ,e '"7 ~ fp !-- "1l"'''' .i!iW . /'9 W. 1('" > . .'" .' " ,~.. ."...