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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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PENNA.
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STATE OF
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DEBRA A. HENRY
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No. 00-5560
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VERSUS
MICHAF:r, Po HF.NRY
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DECREE IN
DIVORCE
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, 801'3 , IT IS ORDERED AND
.
AND NOW,
.
DEBRA A. HENRY
, PLAINTIFF,
DECREED THAT
AND
, DEFENDANT,
Mfr'HlIF.T. P HF.NRY
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The Separation and Property Settlement Agreement dated July 17, 2003 is
incorporated by reference.
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 17th day of July, 2003, by and between MICHAEL P.
HENRY of Newville, Cumberland, Pennsylvania, party of the first part, hereinafter referred to as
"Husband" and DEBRA A. HENRY of Newville, Cumberland County, Pennsylvania, party ofthe
second part, hereinafter referred to as "Wife," or collectively referred to as the "Parties."
WITNESSETH:
WHEREAS, Husband and Wife were married on April 8, 1984 in Cumberland County,
Pennsylvania; and
WHEREAS, Husband and Wife have been living separate and apart from each other since
July 15, 2000,
WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and
have been so for at least the past six (6) months; and
WHEREAS, certain diverse, unhappy differences have arisen between the Parties hereto
which have made them desirous of continuing to live separate and apart from one another; and
WHEREAS, Husband and Wife desire to settle and determine certain oftheir marital rights
and obligations, and make an equitable distribution of their marital property; and
WHEREAS, there were two (2) children born of the marriage: Tassa Renee Henry
(hereinafterreferred to as "Tassa"), born June 21, 1985; and Tamra Rae Henry (hereinafterreferred
to as "Tamra"), born February 23, 1988, or hereinafter collectively referred to as the "Children"; and
WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights
and duties of the Parties while they continue to live apart form each other and to settle all financial
and property rights between them; and
WHEREAS, the Parties hereto have mutually entered into an agreement for the division of
their jointly-owned assets, the provisions for the liabilities they owe, and provisions for the
resolution oftheir mutual differences, after both have had full and ample opportunity to consult with
their respective attorneys, and the Parties now wish to have that agreement reduced to writing.
NOW, THEREFORE, the Parties hereto in consideration of the mutually made and to-be-
kept promises set forth herein and for other good and valuable consideration, intending to be legally
bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby
covenant, promise and agree as follows:
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ARTICLE I: SEPARATION
1.1
It shall by lawful for Husband and Wife at all times hereafter to live separate and apart from
each other and to reside from time to time at such place or places as they shall deem fit and free from
any control, restrain, or interference, direct or indirect, by each other. Neither Party shall molest the
other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or
other proceedings. The foregoing provision shall not be taken to be an admission on the part of
either Husband or Wife as to the lawfulness of the causes leading to them living separate and apart.
ARTICLE ll: DNORCE
2.1
This Agreement is not predicated on divorce. It is specifically understood and agreed by and
between the Parties hereto, and each of said Parties does hereby warrant and represent to the other
that the execution and delivery of this Agreement is not predicated upon nor made subject to any
agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any
action for divorce; provided, however, that nothing contained in this Agreement shaH prevent or
preclude either of the Parties hereto from commencing, instituting or prosecuting any action or action
for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor will it prevent
either Party from defending any such action which has been, may, or shall be instituted by the other
Party, or for making any just or proper defense thereto. It is warranted, covenanted, and represented
by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this
warranty, covenant, and representation is made for the specific purpose of inducing Husband and
Wife to execute this Agreement. Husband and Wife each knowingly and with full understanding,
hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any
reason whatsoever of public policy, unenforceable, in whole or in part. Husband and Wife do each
hereby warrant, covenant and agree that, in any possible event, he and she are, and ever shall be,
estopped from asserting any illegality or unenforceability as to all, or any part, of this Agreement.
2.2
It is further specifically understood and agreed that the provisions of this Agreement relating
to the equitable distribution of property of the Parties are accepted by each party as a final settlement,
or for all purposes whatsoever. Should either of the Parties obtain a decree, judgment, or order of
separation or divorce in any other state, county, orjurisdiction, each of the Parties to this Agreement
hereby consents and agrees that this Agreement, and all its covenants, shall not be effected in any
way by any 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,
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whether ornot either or both of the Parties should remarry, it being understood by and between the
parties that this Agreement shall survive and shall not be merged into any decree, judgment, or order
of divorce or separation.
2.3
It is specifically agreed that a copy ofthis Agreement may be incorporated by reference into
any divorce judgment or decree if, or whenever sought by any of the Parties hereto. It is understood
by the Parties that a Divorce Complaint has been filed in the Court of Common Pleas of Cumberland
County, Pennsylvania at docket number 00-5560 Civil Term. Such incorporation, however, shall
not be regarded as a merger, it being the intent of the Parties to permit the Agreement to survive any
such agreements.
ARTICLE III: EOUITABLE DISTRIBUTION OF MARITAL PROPERTY
3.1
The Parties have attempted to divide their marital property in a manner which conforms to
the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into
account the following considerations: the length ofthe marriage; the prior marriages of the Parties
(if any); the age, health, station, amount and sources of income, vocational skills, employability,
estate liabilities, and need for each of the Parties; the contribution of one Party to the education,
training, or increased earning power of the other Party; the opportunity of each Party for future
acquisition of capital assets and income; the sources of income of both Parties, including, but not
limited to medical, retirement, insurance or other benefits; the contribution of dissipation of each
Party in the acquisition, preservation, depreciation, or appreciation of marital property, including the
contribution of a Party as a homemaker; the value of the property set apart to each Party; the standard
of living of the Parties established during their marriage.
3.2
The Parties shall retain sole and exclusive right, title, and possession of all personal property
currently in their possession. Except as provided for herein, Husband shall make no claim
whatsoever for any personal property in Wife's possession. Additionally, except as provided for
herein, Wife shall make no claim whatsoever for any personal property in Husband's possession.
Should it be necessary for either Party to execute any documents to convey title to any such personal
property in the other Party's possession, they shall do so within thirty (30) days of the execution of
this Agreement, or within thirty (30) days of a request to do so from the opposing Party.
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1. Husband shall return to Wife the freezer and two (2) small wooden desks upon
demand by Wife. Within thirty (30) days of the date of this Agreement, Husband shall give Wife
the opportunity to go through the items of personal property in the basement of the marital home and
Wife shall be permitted to take those items of personal property which she desires.
2. Within sixty (60) days ofthe date ofthis Agreement, Husband agrees to pay to Wife
a lump sum of Two Thousand Five Hundred ($2,500) Dollars as Wife's interest in the items
referenced in this Section 3.2 which the Parties acknowledge was already paid by Husband.
3. Wife acknowledges that said Two Thousand Five Hundred ($2,500) Dollars is a fair
and equitable amount for her interest in the items referenced in this Section 3.2 and that said amount
was negotiated after Wife had an opportunity to review this Agreement and seek independent
counsel.
3.3
Except as provided herein, Wife waives any right or interest she may have in Husband's
employment benefits, including any retirement plan, stock option purchase plan, profit sharing plan,
or related matters. Except as provided herein, Husband waives any right or interest he may have in
Wife's employment benefits, including any pension benefits, retirement plan, stock option purchase
plan, profit sharing plan, or related matters.
1. Husband and Wife have entered into the Stipulation for a Qualified Domestic
Relations Order, whereby Wife is entitled to 28.5% of Husband's employment benefits, through the
date of divorce, including any retirement plan, stock option purchase plan, profit sharing plan, or
related matters, 40l(k), or Employee Pension Plan, that Husband may have through the National
Integrated Group Pension Plan, formerly known as, National Industrial Group Pension Plan as of the
date of this Agreement.
3.4
Except as provided herein, Husband and Wife agree to waive and relinquish any and all rights
that he or she may now have or hereafter acquire in any real or tangible personal property
subsequently acquired by the other Party. Husband and Wife specifically agree to waive and
relinquish any right in such property that may arise as a result of the marriage relationship.
1. Contemporaneously with the execution of this Agreement, Wife shall transfer to
Husband any and all of Wife's right, title, and interest in, and to, that certain parcel ofreal estate
located at 502 Middle Road, Newville, Cumberland County, Pennsylvania, heretofore owned by the
Parties as tenants by the entireties. Said transfer is subject to those liens, judgments or mortgages
or record as of the date of conveyance, all of which shall thereafter become the sole and exclusive
obligation of Husband. Within One Hundred Eighty (180) days of the date of this Agreement,
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Husband shall payoff or refinance any and all mortgages and notes on said property to remove
Wife's name from said mortgage( s) and note( s). At all times relevant hereto, Husband also agrees
to inderrmify and hold Wife harmless from the collection and/or responsibility for payment of any
mortgage( s), note( s), or loan( s) on said property.
2. Contemporaneously with the execution of this Agreement, Husband, solely in his
name, shall execute a second Mortgage on the property located at 502 Middle Road, Newville,
Cumberland County, Pennsylvania, in the amount of Seven Thousand Five Hundred ($7,500.00)
Dollars, which the Parties agree that Husband has made payments on and the principal balance as
of the date of this Agreement is $6,185.34.
3. Wife acknowledges that said Seven Thousand Five Hundred ($7,500.00) Dollars is
a fair and equitable amount for her interest in the real property referenced in this Section 3.4 and that
said amount was negotiated after Wife had an opportunity to review this Agreement and seek
independent counsel.
ARTICLE IV: RELEASE OF SUPPORT FOR HUSBAND AND WIFE
4.1
The parties herein acknowledge that by this Agreement they have respectively secured and
maintained a substantial and adequate fund with which to provide themselves sufficient resources
to provide for their comfort, maintenance, and support in the station of life in which they are
accustomed. Except as provided herein, Husband and Wife do hereby waive, release, and give up
any and all rights they may respectively have against the other for alimony pendente lite, spousal
support, or maintenance.
4.2
It is specifically understood and agreed that this Agreement constitutes and equitable
distribution of property, both real and personal, which was legally and beneficially acquired by
Husband and Wife, or either of them, during the marriage as contemplated by the Domestic
Relations Code of the Commonwealth of Pennsylvania.
4.3
Husband and Wife specifically waive, release, and give up any rights for alimony to which
they may be entitled pursuant to Chapter 37 of the Pennsylvania Domestic Relations Code.
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ARTICLE V: DEBTS OF THE PARTIES
5.1
Each Party represents to the other that except as otherwise specifically set forth herein, there
are no major outstanding obligations of the Parties; that since the separation, neither Party has
contracted for any debts for which the other will be responsible; and each Party indemnifies and
holds harmless, the other for all obligations separately incurred or assumed under this Agreement.
In the event either Party contracted for or incurred any debts since the date of separation, the
Party who incurred said debt shall be responsible for the payment thereof regardless of the name in
which the account may have been charged. Husband and Wife acknowledge and agree that they have
no outstanding debts or obligations of the Husband and Wife, which were incurred prior to the
signing ofthis Agreement.
5.2
Each Party relinquishes any right, title, and interest he or she may have to any and all motor
vehicles currently in the possession of the other Party. Within thirty (30) days of the date of the
execution of this Agreement, each Party shall execute the necessary documents to have said vehicles
properly registered in the other Party's name with the Pennsylvania Department of Transportation.
It is the intention of the Parties that the 2000 Saturn shall be transferred solely to Wife's name.
5.3
Both parties recognize that there is an existing loan for the 2000 Saturn which is currently
held by Steel Seven Credit Union. Steel Seven Credit Union uses cross-collateralization for their
loans and as such, until all loans with Steel Seven are paid in full, the entity will not release title to
the 2000 Saturn. Unless discharged in Husband's bankruptcy, in the event of a default on any of the
loans held by Steel Seven, with the exception of the 2000 Saturn loan, Husband agrees to indemnifY
and hold Wife harmless for these loans, including any and all claims against collateral (and more
specifically, the 2000 Saturn). The loan payments for the 2000 Saturn are the sole responsibility of
Wife. Wife hereby agrees to hold Husband harmless for the loan on the 2000 Saturn, including any
and all claims against collateral.
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ARTICLE VI: CUSTODY AND SUPPORT OF CHILDREN
6.1
The Parties agree to shared legal and physical custody of the Children of the marriage. Both
Husband and Wife shall be responsible for the day-to-day decisions when they have custody of the
Children. Neither party has the right to make a unilateral decision of the following major issues:
education; medical treatment (other than emergency treatment); and general welfare. It is agreed by
and between the Parties that any decisions on these issues will be made jointly.
6.2
Each Party agrees to keep the other apprized of any and all matters relating to the Children's
health, education, welfare, and activities.
6.3
Husband currently has primary physical custody of Tassa and Tamra. Wife shall have
reasonable, temporary custody and visitation rights with the Children. Husband and Wife agree to
allow the children to choose with which Party they wish to live at any given time.
6.4
Should Husband and Wife not reach an Agreement on visitation, Husband and Wife agree
on the following custody schedule for the Children (such schedule is dependent upon with which
Party the Children choose to live at any given time):
,
I. Weekends. On alternating weekends, Wife shall have custody of both Children beginning
at 6:30 on Friday until 7:00 Sunday night.
2. Summer Vacation. Husband and Wife agree to split custody of the Children over the
Children's summer vacation from school. Husband and Wife shall discuss and agree, by May 1 of
each calendar year, the custody schedule for each respective summer.
3. Holidays.
a) Thanksgiving - If the Parties have not reached an agreement on or before
November 14,2002 regarding visitation of the Children during the Thanksgiving
holiday, the Parties will divide custody of the Children as follows: The Parties
agree to alternate custody of the Children on an annual basis for Thanksgiving.
Wife shall have custody of the Children beginning from after school on the
Wednesday before Thanksgiving Day, 2002 through 3:00 p.m. on Thanksgiving
Day, 2002 (hereinafter "Thanksgiving Morning") and on Thanksgiving Morning
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every even year thereafter. Husband shall have custody of the Children on
Thanksgiving Morning, 2003 and on Thanksgiving morning every odd year
thereafter.
b) Christmas - If the Parties have not reached an agreement by December 14,2002, the
Parties will divide custody of the Children as follows: The Parties agree to alternate
custody of the Children on an aruma! basis for Christmas. Husband shall have
custody of the Children from 6:00 p.m. Christmas Eve, 2002 through 3:00 p.m. on
Christmas Day, 2002 (hereinafter "Christmas Morning") and on Christmas Morning
every even year thereafter. Wife shall have custody of the Children on Christmas
Morning, 2003 and on Christmas Morning every odd year thereafter.
c) Other holidays. - The Parties agree to alternate custody of the Children on an annual
basis for the following other holidays each year: New Year's Day, Martin Luther
King Day, Presidents' Day, Easter, Memorial Day, both Tassa's and Tamra's
respective birthdays, July 4th, Labor Day, Columbus Day and Veterans' Day; with
respect to this clause, a "Monday holiday" (holiday "observed") if any, is referred to,
if it differs from the traditional date, and, in the case of a Friday or Monday holiday
on which the Children do not have school, and which immediately precedes or
immediately follows a weekend on which said Party has custody, then the Friday
holiday shall include the night between Friday and the weekend, and the Monday
holiday shall include the night between the weekend and Monday. Once a schedule
is established for any particular holiday, custody of the Children shall alternate
between Husband and Wife every year according to that same schedule.
d) Miscellaneous holidays.
1.
11.
111.
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The Parties hereto agree that they will cooperate and be as flexible as
possible with regard to custody of the Children for any holiday or extended
vacation period. In the event that any holiday discussed in this section or
these Agreement falls on a weekend visitation of the Party not having
primary physical custody of the Children, then the holiday schedule will
take precedence over the normal custody schedule.
Wife shall have custody of the Children on every Mother's Day from 5 :00
p.m. the day before Mother's Day until 8:30 p.m. Mother's Day. Husband
shall have custody of the Children on every Father's Day from 5:00 p.m.
the day before Father's Day until 8:30 p.m. Father's Day.
Husband and Wife shall discuss and agree on a custody schedule for the
Children at least two (2) weeks prior to any holiday not specifically
mentioned in the Agreement. Once a schedule is established for any
particular holiday not specifically discussed in this agreement, custody of
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the Children shall alternate between the Parties every year according to
that same schedule.
IV. The Parties may agree to modify this schedule without the necessity of a
Court Order. It is specifically agreed between the Parties that visitation
shall be as reasonable, liberal and frequent as possible. The periods
outlined above are to take effect if the Parties can not agree as to a
Particular custody schedule.
6.5
It is the intent of the Parties that transportation of the Children between the Parties for all
purposes, but especially custody purposes, shall be as flexible and accommodating as possible. For
these purposes, the Parties agree to meet as close to half-way as possible to accommodate the
custody schedule. It is recognized that transportation will obviously be dependent upon each Party's
personal circumstances and employment.
6.6
Husband and Wife acknowledge their obligation to contribute to the support of their minor
children.
6.6
Beginning with the tax year that ends December 31, 2002, the Parties hereby agree that for
Income Tax purposes, Husband shall claim both Tassa and Tamra as dependants.
ARTICLE VII: MISCELLANEOUS PROVISIONS
7.1
The Parties hereto have had the opportunity to retain independent legal counsel. The
provisions of this Agreement and their legal effect have been fully explained to the parties by their
respective counsel, or the parties have voluntarily waived their right to have legal advice regarding
the meaning and implication of this Agreement. The Parties acknowledge and accept that this
Agreement is, under the circumstances, fair and equitable, that it is being entered into freely and
voluntarily, after having received such advice, and with such knowledge that the execution of this
Agreement is not the result of any duress or undue influence, and that it is not the result of any
collusion or improper or illegal agreement or agreements.
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7.2
Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the
other and the estate of the other, for all times to come and for all purposes whatsoever, of and from
any legal right, title, and interest, or claims in, or against the property of the other, or against the
estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any
time hereafter, may have, against such other, the estate of such other, or any part thereof, whether
arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower
or curtsey, or claims in the nature of dower or curtsey 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 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 other
country, or any rights which either party may have or at any time hereafter, have, for past, present,
or future support or maintenance, alimony, alimony pendente lite, source fees, costs or expenses,
whether arising as a result of the marital relation or otherwise, 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 obligation thereunder. It is the intention of Husband and Wife to give to
each other by execution of this Agreement, a full, complete, and general release with respect to any
and all property of any kind or nature, real or personal, not mixed, which the other now owns or may
hereafter acquire, except, and only except, all rights, agreements, and obligations of whatsoever
nature arising from, or which may arise under this Agreement, or for the breach of any thereof.
7.3
Each Party represents that since separation, they have not heretofore incurred or contracted
for any debt, liability, or obligation for which the estate of the other Party may by responsible or
liable, except as may be provided for in this Agreement. Each party agrees to indemnifY and hold
the other Party hannless from and against any and all such debts, liabilities, or obligations of each
of them, including those for necessities, except for the obligations arising out of this Agreement.
Husband and Wife each warrant, covenant, represent, and agree that each will now, and all times
hereafter, save hannless and keep the other indemnified from all debts, charges, and liabilities
incurred by the other after the execution date of this Agreement, except as is otherwise specifically
provided herein.
7.4
No waiver or modification of any of the terms of this Agreement shall be valid unless in
writing and signed by both Parties hereto, and no waiver of any breach hereof, or default hereunder,
shall be deemed a waiver of any subsequent default of the same, or similar nature.
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This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania which are in effect as ofthe date of this Agreement.
7.6
This Agreement shall be binding and shall inure to the benefit of the Parties hereto and their
respective heirs, executors, administrators, successors, and assigns.
7.7
This Agreement constitutes the entire understanding of the Parties hereto and supersedes any
and all prior agreements and negotiations between them. There are no representations or warranties
other than those expressly set forth herein.
7.8
If any term, condition, clause, section, 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. Likewise, the failure of any Party to meet his
or her obligation under anyone or more ofthe Articles and Sections herein, shall in no way void or
alter the remaining obligations of the Parties.
7.9
The Parties warrant and represent that they have made full disclosure of all assets prior to the
execution of this Agreement. Each Party represents and warrants that he or she has made a full and
fair disclosure to the other of all his or her personal property interests of any nature, including any
mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property
is subject. Each Party furtherrepresents that he or she has made a full and fair disclosure of all debts
and obligations of any nature for which he or she is currently liable or may become liable. Each
further represents and warrants that he or she has not made any gifts or transfers of marital property
for inadequate consideration, without the prior consent of the other Party. Each Party further
warrants, represents, and declares that each is, and has been, fully and completely informed of, is
familiar with, and is cognizant of the wealth, real and/or personal property, estate and assets,
earnings and income of the other Party, and that each has made a full and complete disclosure to the
other of the extent of his or her entire assets and liabilities, and any further enumeration or statement
thereof in this Agreement is specifically waived.
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Each party acknowledges that, to the extent desired, he or she has had access to all j oint and
separate State and Federal Tax Returns (including supporting documentation) filed by, or on behalf
of, either or both Parties during marriage.
7.10
In the event that either Party to this Agreement shall breach any term, covenant, or other
obligation herein, the non-breaching Party shall be entitled to, in addition to all other remedies
available at law or in equity, recover from the breaching Party all costs of which the non-breaching
Party may incur, including, but not limited to, filing fees and attorney's fees in any action or
proceeding to enforce the terms of this Agreement.
7.11
This Agreement shall survive any action for divorce and Decree of Divorce, and shall forever
be binding and conclusive on the Parties; and any independent action may be brought, either at law,
or in equity, to enforce the terms of this Agreement by either Husband or Wife until said terms shall
have been fully satisfied and performed. The consideration for this Agreement is the mutual benefits
to be obtained by both of the Parties hereto, and the covenants and agreements of each of the Parties
to the other. The adequacy of the consideration for all agreements herein contained is stipulated,
confessed, and admitted by the Parties hereto, and the Parties intend to be legally bound hereby.
7.12
The Parties both agree to cooperate with each other in obtaining a final divorce of the
marriage. It is agreed that the Parties will execute and file the consents necessary to obtain the
divorce. Any Party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal
fees of the Party who is seeking the divorce.
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year
first written, above.
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DEBRA A. HENRY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.: 00-5560 Civil Term
MICHAEL P. HENRY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
QUALIFIED DOMESTIC RELATIONS
ORDER
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AND NOW this 2.!1:. day of ~, 2003, upon consideration of the
Stipulation for the entry of a Qualified Domestic Relations Order submitted by the parties,
it is hereby ordered that:
1. QDRO. This order is intended to constitute a qualified domestic relations
order within the meaning of S 206(d)(3) of the Employee Retirement Income Security Act
("ERISA"), 29 U.S.C. S 1 056(d)(3) and is issued by this Court pursuantto the Pennsylvania
Divorce Code, 23 Pa.C.S.A. 3101 et seq.
2. Plan. The name of the plan to which this order applies is the National
Integrated Group Pension Plan (the "Plan").
3. Parties. The name, last known mailing address, date of birth and social
security number of each of the parties are as follows:
a. Participant:
Name: Michael P. Henry
Address: 502 Middle Road
Newville, PA 17241
Date of Birth: January 13, 1950
Social Security No.: 178-38-6076
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b. Spouse (Alternate Payee):
Name: Debra A. Henry
Address: 109 Bridge Road
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Date of Birth: September 20,1958
Social Security No.: 162-48-0361
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shall be actuarially adjusted to provide a benefit to the Alternate Payee payable over her
lifetime, and further adjusted to reflect the Alternate Payee's age at benefit commencement
as required under the terms of the Plan and any optional form of payment, using factors
consistent with those set forth in the Plan.
Alternate Payee's life and that it may begin upon the Participant's earliest retirement age
regardless of whether the Participant retires at that time or that the Alternate Payee may
select any optional form of payment except a joint annuity with a subsequent spouse with
respect to her "separate interest". The assignment shall include a disability benefit, except
that it shall be payable in such form and for such period as prescribed under the Plan.
6. Survivor Benefits. Upon the Alternate Payee's death, whether any further
benefits are payable to a beneficiary will depend upon the form of benefit chosen by the
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from the Plan; provided that, if the Participant has remarried, the Alternate Payee is to be
considered the Participant's surviving spouse only with respect to the portion of the pre- '
retirement survivor annuity that bears the same ratio to the total pre-retirement survivor
annuity that the Alternate Payee's benefit set forth in paragraph 4 bears to the Participant's
total accrued benefit as of the date of death.
In the eventthatthe Participant receives a subsidized early retirement benefit
from the Plan, the Alternate Payee shall be entitled to a proportionate share of such
subsidy, in the same proportion as the benefit awarded to the Alternate Payee in
paragraph 4, provided that the Alternate Payee may not receive such share unless and
until the Participant begins to receive a subsidized early retirement benefit from the Plan.
If the Alternate Payee has already begun to receive her benefit from the Plan, the Alternate
Payee's benefits will be recalculated to reflect the share of the subsidized early retirement
benefit. In addition, ifthe Plan provides a post-retirement adjustment that would otherwise
be applicable to the assigned benefit under paragraph 4, the Alternate Payee shall receive
a proportionate share of such adjustment.
7. Any actuarial calculations necessary to comply with this order shall be made
in accordance with the actuarial assumptions established from time to time by the Plan.
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8. Statutory Limitations. Notwithstanding any provision hereof to the
contrary, in no event shall this order be interpreted as requiring the Plan to do any of the
following;
a. Require payment of benefits to the Spouse or other alternate payees
which are already required to be paid to another spouse or alternate payee under a prior
qualified domestic relations order.
b. Require the Plan to provide benefits with a greater actuarial value
than it would otherwise pay.
c. Require the Plan to provide any form of benefit or any option not
otherwise provided under the Plan.
The Court retains jurisdiction to arnend this order as might be necessary to establish
or maintain its status as a Qualified Domestic Relations Order under the Retirement Equity
Act of 1984.
BY THE COURT:
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DEBRA A. HENRY
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00-5560 Civil Term
MICHAEL P. HENRY
Defendant
CIVIL ACTION - LAW
IN DIVORCE
STIPULATION FOR THE
ENTRY OF A QDRO
AND NOW. comes the above named parties and their respective counsel who
stipulate and agree as follows:
1. Pursuant to paragraph 3.3(1) of the Marital Settlement Agreement executed
by the parties, the parties hereto hereby stipulate that the Qualified Domestic Relations
Order (QDRO) attached hereto and marked as Exhibit A has been read and approved by
the parties and their respective counsel and the counsel forthe Pension Plan. The parties
hereto request that said QDRO be entered as an Oder of this Court and that a certified
copy of said Order be forwarded to the Plan.
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Michael P. Henry
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Attorney for the Defendant
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Date:
7!/7}03
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DEBRA A. HENRY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.: 00-5560 Civil Term
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MICHAEL P. HENRY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
QUALIFIED DOMESTIC RELATIONS
ORDER
AND NOW this _ day of
, 2003, upon consideration of the
Stipulation for the entry of a Qualified Domestic Relations Order submitted by the parties,
it is hereby ordered that:
1. QDRO. This order is intended to constitute a qualified domestic relations
order within the meaning of S 206(d)(3) of the Employee Retirement Income Security Act
("ERISA"), 29 U.S.C. S 1 056(d)(3) and is issued by this Court pursuant to the Pennsylvania
Divorce Code, 23 Pa.C.S.A. 3101 et seq.
2. Plan. The name of the plan to which this order applies is the National
Integrated Group Pension Plan (the "Plan").
3. Parties. The name, last known mailing address, date of birth and social
security number of each of the parties are as follows:
a. Participant:
Name: Michael P. Henry
Address: 502 Middle Road
Newville, PA 17241
Date of Birth: January 13, 1950
Social Security No.: 178-38-6076
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b. Spouse (Alternate Payee):
Name: Debra A. Henry
Address: 109 Bridge Road
Newville, PA 17241
Date of Birth: September 20, 1958
Social Security No.: 162-48-0361
4. Spouse's Benefit. The Spouse/Alternate Payee is hereby awarded
Spouse's Benefit in the amount of 28.5% of the Participant's accrued benefit accrued
through November 1, 2000 and determined as a normal retirement benefit. Such benefit
shall be actuarially adjusted to provide a benefit to the Alternate Payee payable over her
lifetime, and further adjusted to reflect the Alternate Payee's age at benefit commencement
as required under the terms of the Plan and any optional form of payment, using factors
consistent with those set forth in the Plan.
5.
Period of Benefit Payment. The term of said payment is payable on the
Alternate Payee's life and that it may begin upon the Participant's earliest retirement age
regardless of whether the Participant retires at that time or that the Alternate Payee may
select any optional form of payment except a joint annuity with a subsequent spouse with
respect to her "separate interest". The assignment shall include a disability benefit, except
that it shall be payable in such form and for such period as prescribed under the Plan.
6. Survivor Benefits. Upon the Alternate Payee's death, whether any further
benefits are payable to a beneficiary will depend upon the form of benefit chosen by the
Alternate Payee.
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from the Plan; provided that, if the Participant has remarried, the Alternate Payee is to be
considered the Participant's surviving spouse only with respect to the portion of the pre- '
retirement survivor annuity that bears the same ratio to the total pre-retirement survivor
annuity that the Alternate Payee's benefit set forth in paragraph 4 bears to the Participant's
total accrued benefit as of the date of death,
In the event that the Participant receives a subsidized early retirement benefit
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from the Plan, the Alternate Payee shall be entitled to a proportionate share of such
subsidy, in the same proportion as the benefit awarded to the Alternate Payee in
paragraph 4, provided that the Alternate Payee may not receive such share unless and
until the Participant begins to receive a subsidized early retirement benefit from the Plan.
If the Alternate Payee has already begun to receive her benefit from the Plan, the Alternate
Payee's benefits will be recalculated to reflect the share of the subsidized early retirement
benefit. In addition, if the Plan provides a post-retirement adjustment that would otherwise
be applicable to the assigned benefit under paragraph 4, the Alternate Payee shall receive
a proportionate share of such adjustment.
7, Any actuarial calculations necessary to comply with this order shall be made
in accordance with the actuarial assumptions established from time to time by the Plan.
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Statutory Limitations. Notwithstanding any provision hereof to the
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The Court retains jurisdiction to amend this order as might be necessary to establish
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or maintain its status as a Qualified Domestic Relations Order under the Retirement Equity
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BY THE COURT:
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DEBRA A. HENRY,
Plaintiff
CIVIL ACTION - LAW
v.
NO. 00-5560 CIVIL TERM
MICHAEL P. HENRY,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a divorce
decree:
1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce
Code.
2. Date and manner of service of the complaint: Acceptance of Service by Defendant on
August 18, 2000.
3. Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c)
of the Divorce Code; July 17, 2003; by the Defendant; July 17, 2003.
4. Related claims pending: None.
5. Date Plaintiff's Waiver of Notice in ~3301( c) Divorce was filed with the Prothonotary:
July 17, 2003.
Date Defendant's Waiver of Notice III ~3301(c) Divorce was filed with the
Prothonotary: July 17, 2003.
By
Michael J. anft, quire
Attorney J.D. No. 57976
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013-9142
(717) 249-5373
Date: July 17, 2003
Attorneys for Defendant
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DEBRA A. HENRY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00 - .5"'.5',"0
CIVIL ACTION - LAW
IN DIVORCE
C/Olt I~
MICHAEL P. HENRY,
Defendant
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth
in the following papers, you must take prompt action. You are warned that if you fail to
do so, the case may proceed without you and a Decree in 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.
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When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary at the Cumberland County Court House, 1
Court Square, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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DEBRA A. HENRY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
MICHAEL P. HENRY
,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. Plaintiff is Debra A. Henry, who currently resides at 242 Green Hill Rd,
Newville, Cumberland County, Pennsylvania 17241.
2. Defendant is Michael P. Henry, who currently resides at 502 Middle Rd,
Newville, Cumberland County, Pennsylvania 17241.
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. Plaintiff and Defendant were married on April 8, 1984, in Cumberland County,
Pennsylvania.
5. There have been no prior actions for divorce or annulment between the
parties.
6. The Plaintiff is a citizen of the United States of America.
7. The Defendant is not a member of the Armed Services of the United States
of America or its Allies.
8. The marriage is irretrievably broken.
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9, The Plaintiff has been advised of the availability of counseling and that the
Plaintiff may have the right to request that the Court require the parties to participate in
counseling.
10. Plaintiff requests the Court to enter a Decree in Divorce.
Respectfully Submitted,
Date: f!J!J660
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VERIFICATION
I verify that the statements made in the attached DIVORCE COMPLAINT are true
and correct. I understand that false statements herein are made subject to the penalties
of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date:
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00 - S- st 0 C v I \ ~ vV\IIA.....
CIVIL ACTION - LAW
IN DIVORCE
MICHAEL P. HENRY,
Defendant
ACCEPTANCE OF SERVICE
I accept service of the Divorce Complaint.
Date: F3 -/ B. 00
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502 Middle Rd
Newville, PA 17241
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Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00-5560
MICHAEL P. HENRY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1.
A Complaint in Divorce under Section 3301 (c) of the Divorce Code
was filed on August 10, 2000.
2.
The marriage of the Plaintiff and Defendant is irretrievably broken, .
and ninety days have elapsed from the date of filing of the Complaint.
3.
I consent to the entry of a Final Decree in Divorce.
4.
I understand that if a claim for alimony, alimony pendente lite,
equitable distribution of marital property or counsel fees or expenses has not been filed
with the Court before the entry of a final Decree in Divorce, the right to claim any of
them will be lost.
5.
I have been advised of the availability of marriage counseling, and
understand that I may request that the Court require that my spouse and I participate in
counseling. I further understand that the Court maintains a list of marriage counselors
in the Prothonotary's Office, which list is available to me upon request. Being so
advised, I do not request that the Court require that my spouse and I
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participate in counseling prior to a divorce decree being handed down by the Court.
I verify that the statements made in this Affidavit are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa.
C.SA Section 4904, relating to unsworn falsification to authorities.
Date:
7 JI 7/ () 3
Debra A. Henry, Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DEBRA A. HENRY,
Plaintiff
CIVIL ACTION - LAW
v.
NO. 00-5560 CIVIL TERM
MICHAEL P. HENRY,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY
OF A DIVORCE DECREE UNDER S330HC) 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 verity that the statements made in this Affidavit are true and correct. I nnderstand that false
statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn
falsification to authorities.
Date:
7/7/0'2:>
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DEBRA A. HENRY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-5560
v.
MICHAEL P. HENRY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1.
A Complaint in Divorce under Section 3301 (c) of the Divorce Code
was filed on August 10, 2000.
2.
The marriage ofthe Plaintiff and Defendant is irretrievably broken, and
ninety days have elapsed from the date of filing of the Complaint.
3.
4.
I consent to the entry of a Final Decree in Divorce.
I understand that if a claim for alimony, alimony pendente lite,
equitable distribution of marital property or counsel fees or expenses has not been filed
with the Court before the entry of a Final Decree in Divorce, the right to claim any of them
will be lost.
5.
I have been advised of the availability of marriage counseling, and
understand that I may request that the Court require that my spouse and I participate in
counseling. I further understand that the Court maintains a list of marriage counselors in
the Prothonotary's Office, which list is available to me upon request. Being so advised, I
do not request that the Court require that my spouse and I participate in counseling prior
to a divorce decree being handed down by the Court.
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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.SA Section
4904, relating to unsworn falsification to authorities.
Date: 7-/7'0'::>
~?/f
Michae P. Henry, Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DEBRA A. HENRY,
Plaintiff
CIVIL ACTION - LAW
v.
NO. 00-5560 CIVIL TERM
MICHAEL P. HENRY,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY
OF A DIVORCE DECREE UNDER &330HC) 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 ifI 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.
1 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 nnsworn
falsification to authorities.
Date:
7-/1- 0 :>
Y4-IJ f? ~
Michael P. Henry
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DEBRA A. HENRY,
Plaintiff
No. 00-5560 Civil Term
v.
MICHAEL P. HENRY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ENTRY OF APPEARANCE
To Prothonotary:
Please enter my appearance on behalf of the Defendant, MICHAEL P . HENRY, in the above-
captioned matter.
Respectfully submitted,
Dated: August 18, 2000
Mi hael J. Hanft, Es re
Attorney ID No. 57976
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
(717) 249-5373
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DEB1ZA k HeNRY,
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,..rcHAEL p. I-Ie.NRY,
De.Fend<< Vl 1""
:eN -rHc L.OU1ZT of (o!'lM6W PLEAS
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(J:V,J::L- ACTIDN - LAtJ
IN P.I:V6'RLF
Statement of Intention to Proceed
Legal Caption
To the Court:
Nlt~ ffl>I,tA(
Date: 10--c,0-.>,)
intends to proceed with the above captioned matter. I~ ew.r+ tSS~ ".. I.....
~~~~ ~<l '^ b.,..-.... #..-;:rUI'f2lJIZ~:.!
Attorney for ,
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the
termination of inactive cases and amended Rule of Judicial Administration 190 I. Two aspects of the
recommendation merit comment.
1. Rule of civil Procedure
New Rule of Civill>rocedure 230.2 has been promulgated to govern the termination of inactive cases
within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for
inactivity was previously governed by Rule of Judicial Administration 190 I and local rules promulgated
pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure
and a uniform statewide practice, preempting local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa.
360,710 A.2d 1104 (1998) in which the court held that ''prejudice to the defendant as a result of delay in
prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of
Judicial Administration 1901."
Rule of Judicial Administration 190 I (b) has been amended to accommodate the new rule of civil
procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule
continues to be applicable.
II Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is
initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the
procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the
Prothonotary shall enter an order as of course tenninating the matter with prejudice for failure to
prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and
the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may
proceed under Rule230( d) for relief from the order of termination. An example of such an occurrence
might be the termination of a viable action when the aggrieved party did not receive the notice of intent to
terminate and thus did not timely me the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within
thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court
must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period,
subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly
filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of
intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the
petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to
proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may
pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2.
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