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HomeMy WebLinkAbout99-02975AR S, =ark" F? I Y u :k Tf! M l ;fit DUI >i ti I? A . r. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY P ENNA. STATE OFW?" x i KATHY M. HENDERSON II N U• ..,99-2975„ CIVIL TERM 19 Plaintiff ............................... .... ........... ................ ....................... Versus CIVIL ACTION - LAW DARRYL._S..__HENDERSON: _._.........._......._.......... IN DIVORCE ...............Defendant _.._.... it DECREE IN ;s; a t! i?: DI!/ 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; NONE Ani B y /Atlest: J. ry i a4-e" 1 i 00 ?Jr, -W.- -WY MT Gc• •X• .4:• • e. •5* W. .W. W. -W- .Ic -.W W :?'• .C A: •A.I.. ;y. •.O: •:1: .A: - M ANDNOW OR 19 C 99 ..... it is ordered and , , . , decreed that ....... , , *THY M. HENDERSON ,,, , , . , . , plaintiff, .............. . . . . . . . . . . . and . . . . . . . . . ...... • , , DARRYL S. HENDERSON .. , defendant, are divorced from the bonds of matrimony. i i Q v ii: ... , 907?•?9 R • ._.*" KATHY M. HENDERSON, Plaintiff V. DARRYL S. HENDERSON, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-2975 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD 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 complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Darryl S. Henderson, on May 20, 1999, by certified, restricted delivery mail, addressed to him at 216 Nestly Street, Middletown, Pennsylvania 17075, with Return Receipt Number Z 013 345 928. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff: August 31, 1999; by defendant: August 31, 1999. (b)(1) Date of execution of the affidavit required by Section 330I(d) of the Divorce Code: (b)(2) Date of riling mid service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: No Claims Were Raised. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: September 10. 1999. Date defendant's Waiver of Notice in Section 3W O Divorce was filed with the Prothonotary: September 10, 1999. -I 1-???? I" / Marcus A. 1 nigh ,111, Esq rc Altorncy f ft Plaintiff r !h W pUO? 7+ F O E pWp?? M V w KATHY M. HENDERSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. DARRYL S. HENDERSON, Defendant 99- a,47SCIVIL TERM IN DIVORCE NOTICE TO DEFEND 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 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. 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, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 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, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. KATHY M. HENDERSON, Plaintiff V. DARRYL S. HENDERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99--97!(CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(a)(6) OF THE DIVORCE CODE AND NOW comes the plaintiff, Kathy M. Henderson, by her attorneys, Irwin, McKnight & Hughes, Esquires, and files this Complaint in Divorce against the defendant, Darryl S. Henderson, upon the cause of action hereinafter set forth: L The name of the plaintiff is Kathy M. Henderson and the name of the defendant is Darryl S. Henderson. 2. The plaintiff is an adult individual who resides at 118 Springfield Road, Newville, Cumberland County, Pennsylvania 17241. 3. The defendant is an adult individual who presently resides at Nestly Drive, Middletown, Dauphin County, Pennsylvania 17057. 4. The plaintiff and defendant have resided in the Commonwealth of Pennsylvania for at least six months previous to the filing of this action in divorce. 5. The plaintiff and defendant were married on July 15, 1989 in Shippensburg, Pennsylvania. 6. Pursuant to the Divorce Code, Section 3301(a)(6), the plaintiff avers as the grounds upon which this action is based that the plaintiff is the injured spouse and that the defendant has offered such indignities to her as to render her condition intolerable and life burdensome. 7. There were two children bom to this marriage, namely, Karen M. Henderson, born July 16, 1992, age 6 1/2 years; and Katie M. Henderson, born November 4, 1995, age 3 years. 8. The plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. V WHEREFORE, the Plaintiff demands judgment a. dissolving the marriage between the two parties; b. equitably distributing all property, both personal and real, owned by the parties; and c. for such further relief as your Honorable Court may deem equitable and just. Regaecifully submitted, IRWIN, Mc1KNIGHTA HUGHES By: Marcus/A. McKnigb4 III, Esquire Attorney for Plaintiff West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: May _14'* 1999 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this Complaint and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. KATHY M.HENDERSON Date: May %4'6 , 1999 KATHY M. HENDERSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 99- CIVIL TERM DARRYL S. HENDERSON, Defendant IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The Plaintiff, being duly sworn according to law, deposes and says: I. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: May lye' ,1999 HY .HENDERSON KATHY M. HENDERSON, Plaintiff V. DARRYL S. HENDERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-2975 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO 1920.4 (a)(1)(i) COMMONWEALTH OF PENNSYLVANIA . . SS: COUNTY OF CUMBERLAND NOW, Marcus A. McKnight, 111, Esquire, being duly sworn according to law, does depose and state: !. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce.. 2. That a certified copy of the Complaint in Divorce was served upon the defendant on May 20, 1999, by certified, restricted delivery mail, addressed to him at 216 Nestly Street, Middletown, Pennsylvania 17075, with Return Receipt Number Z 013 345 928. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. . Section 4904, relating to unswom falsification to authorities Date: September 10, 1999 MARCUS A. Mc IGHT, III, ESQUIRE Attorney for tiff Z 013 345 928 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Y t $ Fee Pia ry Fee Return Remlet sm.+,,,,. 0 TUTAL Postaga & Fees $ "E P,xstmadcw laI LL MAM/Henderson, Kathy 2 5/17/99 SENDER: • Complete lams i arMlor 210r additional services.. ¦ Compete lams 3.48, "4b I also Wish to receive the , • following Pam your name e,M address on the mvarse of this form so that vre can mtum INS extra fee)seNILga (for an u u ' • s lorm to the front of the trullplem. or on the back ZV If space does not 7 . e' Ad I Th ThQRum ReRrn lWillshoW In Wrom the e l d e C se O th s dress li article number, 2•? Restricted D e a , a a ,I delvered. e a very , the date Consu t AlliCle Addressed to: -- s mas er or ee. - Pi 4a. Article Number MR DARRYL S HENDERSON Z 013 345 928 216 NESTLY STREET It. Service Type MIDDLETOWN PA 17057 / ? Registered rtified 11 Express Mail O In ured ? Retum Rea»ipt noad?e F 7. Date of Dew a 8 E. eived By: (print Name) 8 Ad ' a// S ?S!>e . dressee s A ?/ y it r Vested and lee is padJ 3ggq ipna a: (dd ss? or e q PS Form 381 , December t 54 ,n,.uma'?` r ?j ,/, LAW OF NCCS KATHY M. HENDERSON, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DARRYL S. HENDERSON, 99-2975 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE. UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(a)(6) of the Divorce Code was filed on May 17, 1999. 2. The marriage of 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 of Divorce without notice. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is eranted. 5. 1 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. 1 understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: August x1999 : 7" /// I KAT Y M. HENDERSON ' Plaintiff i a. Aw/;of F.Ci s KATHY M. HENDERSON, Plaintiff V. DARRYL S. HENDERSON, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-2975 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(a)(6) of the Divorce Code was filed on May 17, 1999. 2. The marriage of 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 of Divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: August ,:ilsr 1999 D4 R YL S. fiE ERSON Defendant u p 944 a W.4 y A q z ?? oQ v O Vwl V qy? O V W ?j7Q H zz' & q w Rh n H u F C ~ 1PN 41,1215 / I1 KATHY M. HENDERSON, Plaintiff V. DARRYL S. HENDERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-2975 CIVIL TERM IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: I. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. i verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: August 31:Y, 1999 A RYL S. HENDERSON ... , 4",,., ;, ?? , ? . ? . SOCIAL SECURITY INFORMATION SHEET PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1 (a) (3) ALL DIVORCES MUST INCLUDE THE PARTIES SOCIAL SECURITY NUMBER PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE DATE: September 10, 1999 DOCKET NUMBER 99-2975 Civil Term PLAINTIFF/ EARa'udER SS# 201-60-1242 NAME: Kathy M. Henderson DEFENDANT/REtWOO)EW SS # 209-62-4334 NAME: Darryl S. Henderson MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this J7/" day of Vi b? , 1999, by and between KATHY M. HENDERSON, (hereinafter referred to as "WIFE") and DARRYL S. HENDERSON, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on July 15, 1989, in Shippensburg, Pennsylvania, and were separated on February 17, 1999. The parties hereto agree and covenant as follows: The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 1) The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. T Low R'S 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. i 4. The consideration for this contract and agreement is the mutual benefit 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, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (1) is represented by counsel of his or her own choosing; (2) is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) enters into this Agreement voluntarily after receiving the advice of counsel; (4) has given careful and mature thought to the making of this Agreement; (5) has carefully read each provision of this Agreement; and (G) fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that confornts to a just and fair standard, with due regard to the rights of each Party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that lie or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which lie or she is currently liable or may become liable. Each further represents and warrants that lie or she has not made any gills or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns tiled by or on behalf of either or both Parries during marriage. 7. REAL ESTATE: HUSBAND agrees to transfer all right, title and interest which he may have in the real estate situate at 118 Springfield Road, Newville, Cumberland County, Pennsylvania 17241 to WIFE and releases all claims which he may have regarding said real estate. WIFE agrees to pay the outstanding mortgage payments and hold HUSBAND harmless from any obligations on said mortgage and indemnify him if any claim is made against him. WIFE also agrees to immediately refinance said mortgage into her name. 8. SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to pay support to the WIFE. WIFE will not provide any financial support to the HUSBAND. The parties also waive any right they have to receive alimony payments from the other following the entry of the Divorce Decree in this matter. 9. PERSONAL PROPERTY: The parties agree that the personal property shall be divided as follows: HUSBAND shall receive the following items: a. The personal property in his possession; b. His bank accounts; C. Any retirement account; and d. One-half of the State income tax refund. WIFE shall receive the following items: a. The personal property in her current possession; b. Her bank accounts; 4 C. Any Life Insurance Policies; d. One-half of the State income tax refund. and e. HUSBAND'S life insurance policy with Monumental Life will be transferred to WIFE. She will make the payments. The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. AUTOMOBILES: 10. a.) WIFE agrees to waive any and all interest which she may have in HUSBAND's truck, the van, and his motorcycle, b.) HUSBAND agrees to waive any and all interest which he may have in WIFE's automobile. They each waive any claim which they have in any automobile owned by the other party. MARITAL DEBTS & BANKRUPTCY: It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/she has not heretofore instituted any proceeding pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him/her which have been initiated by others. HUSBAND agrees to pay the Sears and Montgomery Ward charge acocunts. HUSBAND agrees to use his half of the 1998 State income tax refund to pay off these accounts if they had not yet been paid by him. 12. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies through work on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and claim to HUSBAND's employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE's employee benefits. 6 13. I BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest which he has in the bank accounts of the WIFE. 14. INCOME TAX EXEMPTIONS FOR CHILDREN: The parties agree that KAREN MARIE HENDERSON and KATIE MARIE HENDERSON will bath be income tax exemptions for HUSBAND in 1999. Thereafter beginning is the calendar year 2000, both children will be the income tax exemption of WIFE. 15. DIVORCE: 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. 16. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 7 17. 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. 18. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 19. ENTIRE AGREEMENT: , This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 20. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 9 21. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 1) 1) PAYMENT OF COSTS: The parties agree to pay for their own costs required to obtain and complete the divorce. 23. WAIVER 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 or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the others estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instniments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 9 IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. ??(SEAL) KA HY HENDERSON ?&M) (SEAL) sDARRY ; . HENDER ON LAW OFFICES IRWIN McKNIGHT & HUGHES ROGER R. IRWIN HARC'UV A..11, KNIG III. III JARESI), 1I11GIIES RERECCA R. HUGHES' ,1IARKA S'CIIIIAR7% OOUGI.A.S G. AU/.AIiR WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013.3212 (717) 249-2353 FAX (717) 249.6354 E-MAIL: IMHLAW@SUPERNE7. COM 1IAROLI)Sl IRWIN (192.1.1477) 1MR(ILU.S, IRII'/A,. in, (199-1986) //?$t IN, IRWIN& 1RWIN (1956-l9.Yh) /RII''IA'. (1986-1994) 1R1YIA', AI,K,VGIl7'S RUCHES (1994- ) October 10, 2001 Ms. Kathy M. Biscuit 118 Springfield Road Newville, PA 17241 Attorney Services Rendered: 10/02/01 Letter to client ........................................................25 10/10/01 Telephone Conference/Dan McGuire, Esq. Conference with client ..........................................50 01/10/01 Preparation/Attendance at Hearing ....................1.00 Total Amount Due MAM/min 's0 + PETITIONERS EXHIBIT to-to at Total Attorney Time ............2.75 P.O. BOX 1000 CHESTER, PA 19022-1000 . RETURN SERVICE REQUESTED CONSUMER REPORT FOR: :t:t,t Pr'r BISCUIT, KATHY, MARIE 118 SPRINGFIELD RD NEWVILLE, PA 17241 FORMER ADDRESSES REPORTED: J 2 RR 2 POB 38, LOYSVILLE, PA 17047 1 38 POB 38, LOYSVILLE, PA 17047 EMPLOYMENT DATA REPORTED: NA DATE REPORTED: 0512001 YOUR TRANS UNION FILE NUMBER: PAGE I OF 4 103556479-001 DATE THIS REPORT PRINTED: 05/25/2001 SOCIAL SECURITY NUMBER: 201-60-1242 BIRTH DATE: 05/1970 YOU HAVE BEEN IN OUR FILES SINCE: 12/1987 AKA: SOUDERS,KATHY,M PHONE: 776-4519 BEISTLECO DATE REPORTED: 07/1990 YOUR CREDIT INFORMATION THE FOLLOWING ACCOUNTS CONTAIN INFORMATION WHICH SOME CREDITORS MAY CONSIDER TO BE ADVERSE. THE ADVERSE INFORMATION IN THESE ACCOUNTS HAS BEEN PRINTED IN >BRACKETS< FOR YOUR CONVENIENCE, TO HELP YOU UNDERSTAND YOUR REPORT. THEY ARE NOT BRACKETED THIS WAY FOR CREDITORS. (NOTE: THE ACCOUNT # MAY BE SCRAMBLED BY THE CREDITOR FOR YOUR PROTECTION). HRS/VALUE C # 7001086000 TRANSFERRED TO ANOTHER LENDER 933526 REVOLVING ACCOUNT UPDATED 01/2001 BALANCE: CHARGE ACCOUNT OPENED 07/1996 MOST OWED: $$44771 1 CREDIT LIMIT: : ACCOUNT CLOSED 01/)999 $700 >STATUS AS OF 01/1999: CHARGED OFF AS BAD DEBT< M WARDS/M8GA # 7121808,282 ACCOUNT CLOSED BY CONSUMER REVOLVING UPDATED 07/2000 BALANCE: O 65 $ 6 C HARGE ACCOUNT CHARGE ACOUNT P PENED 04/1990 MOST OWED: $ C 7 19 I ARTICIPANT P ANT AC COUNT LOSED 07/2000 >PAST DUE: >STATUS A T; ; CREDIT L IMI $0 S OF 07/2000: CHARGED OFF AS BAD DEBT< SEARS # 559039371625 REVOLVING ACCOUNT UPDATED 04/2001 BALANCE: $0 CHARGE ACCOUNT I OPENED 09/1990 MOST OWED: $510 NDIVIDUAL ACCOUNT C PAID OFF 1211999 REDIT LIMIT: $2900 STATUS AS OF 1211999: PAID OR PAYING AS A >IN PRIOR 48 GREED MONTHS FROM DATE PAID I TIME i TIME 30 DAYS LATE< 60 DAYS, P?EXHI?B[TT >MAXIMUM DELINQUENCY OF 60 DAYS OCCURRED IN 05/1998< 2 r0•lb•b? 0.JGT 10526 22565 1/8 REPORT ON BISCUIT, KATHY, MARIE SOCIAL SECURITY NUMBER: 201-60-1242 TRANS UNION FILE NUMBER: POLE 3 OF 4 3556478-001 BENEFI-HFC N 4148109580780158 INSTALLMENT ACCOUNT UPDATED 03/1996 BALANCE: $0 JOINT ACCOUNT OPENED 10/1995 MOST OWED: $793 CLOSED 03/1996 STATUS AS OF 03/1996: PAID OR PAYING AS AGREED IN PRIOR 5 MONTHS FROM DATE CLOSED NEVER LATE HHLD BANK N 5437000304918420 REVOLVING ACCOUNT UPDATED 09/1995 BALANCE: $0 CREDIT CARD INDIVIDUAL ACCOUNT OPENED 11/1992 MOST OWED: $0 CREDIT LIMIT: $7000 PAID OFF 04/1993 STATUS AS OF 04/1993: PAID OR PAYING AS AGREED MBGA/HECHING N 50391661795 UPDATED 01/1995 BALANCE: $0 OPENED 04/1994 MOST OWED: SO PAID OFF 01/1995 STATUS AS OF 01/1995: PAID OR PAYING AS IN PRIOR .6 MONTHS FROM DATE PAID NEVER REVOLVING ACCOUNT PARTICIPANT ON ACCOUNT CREDIT LIMIT: $900 AGREED LATE THE FOLLOWING COMPANIES HAVE RECEIVED YOUR CREDIT REPORT. THEIR INQUIRIES REMAIN ON YOUR CREDIT REPORT FOR TWO YEARS. (NOTE: "TU CONSUMER DISCLOSURE" INQUIRIES ARE NOT VIEWED BY CREDITORS). INQUIRY TYPE DATE SUBSCRIBER NAME INDIVIDUAL 05/25/2001 TU CONSUMER DISCLOSURE INDIVIDUAL 05/21/2001 THE FARMERS NATIONAL BK JOINT 10/01/1999 PNC CONSUMER LOAN CNTR THE COMPANIES LISTED BELOW RECEIVED YOUR NAME, ADDRESS AND OTHER LIMITED INFORMATION ABOUT YOU SO THEY COULD MAKE A FIRM OFFER OF CREDIT OR INSURANCE. THEY DID NOT RECEIVE YOUR FULL CREDIT REPORT, AND THESE INQUIRIES ARE NOT SEEN BY ANYONE BUT YOU. DATE SUBSCRIBER NAME 09/2000 CAPITAL ONE BANK 08/2000 FULL SPECTRUM LENDING DATE SUBSCRIBER NAME 03/2001 AMERICAN HORIZON INSURAN 07/2000 CAPITAL ONE BANK THE COMPANIES LISTED BELOW OBTAINED INFORMATION FROM YOUR CONSUMER REPORT FOR THE PURPOSE OF AN ACCOUNT REVIEW OR OTHER BUSINESS TRANSACTION WITH YOU. THESE INQUIRIES ARE NOT DISPLAYED TO ANYONE BUT YOU AND WILL NOT AFFECT ANY CREDITOR'S DECISION OR ANY SCORE. DATE SUBSCRIBER NAME 05/2001 SEARS 07/1999 BANK OF AMERICA 10526 22567 3/8 INVESTIGATION REQUEST FORM Please congtloe the following personal information. NAME MST tRlSx 103556479-001 Fn+sr nnaotE. FILE NURII1EIt ADDRESS NUnmEx d 51'RFLT 711'ARl'nIFNT PITY STATE. nr Spouse's Information and signature are required only when both of you are disputing Information. SPOUSE'S INFORMATION: NAME SOCIAL SECURITY NUMBER DATE OF BIRTH ENIPLOY\IENT SIGNATURE SOCIAL SECURITY NUMBER HOME PHONE DATE OF BIRTII ENIPLOV',1IE'NT SIGNA'T'URE DATE DATE IF YOUR REPORT CHANGES AFTER OUR INVESTIGATION, OR IF A CONSUMER STATEMENT IS ADDED, AN UPDATED REPORT WILL BE SENT TO THE COMPANIES YOU LIST BELOTV WHO HAVE RECEIVED YOUR REPORT IN THE PAST 2 YEARS FOR EMPLOYMENT PURPOSES, OR IN THE PAST 1 YEAR FOR ANY OTHER REASON: 1. 2. 4. If you disagree with the accuracy or completeness of any other information, please note below, Use the back of this form if necessan. COMPANY NAME: ACCOUNT?NOT MY ACCOUNT ?IN BANKRUPTCY ?NEVER PAID LATE ?PAID IN FULL ?PAID BEFORE COLLECTIONXIIARGE OFF ? OTH ER: COMPANY NAVE: ACCOUNT a: ?NOT MY ACCOUNT ?IN BANKRUPTCY ?NEVER PAID LATE ?PAID IN FULL ?PAID BEFORE COLLECTIONXIIARGE OFF ?OTI IER: COMPANY NAME: ACCOUNT p: ?NOT MY ACCOUNT ?IN BANKRUPTCY ?NEVER PAID LATE ?PAID IN FULL ?PAID BEFORE COLLECTION/CIIARGE OFF ? OTH ER: COMPANY NAME: ACCOUNT: ?NOT MY ACCOUNT ?IN BANKRUPTCY ?NEVER PAID LATE ?PAID IN FULL ?PAID BEFORE COLLECTION/CHARGE OFF ?OTITE.R: RMFN TINS FORM TO TTIE ADDRESS LISTED AT TIIE END OF YOUR CREDIT REPORT. YOU WILL RECEIVE WRITTEN NOTICE OF THE RESULTS OF OUR INVESTIGATION. WE RECOMMEND THAT YOU DO NOT APPLYFOR CREDIT WHILE YOUR DISPUTE IS PENDING. 10526 22571 7/8 A Summary of Your Rights Under IIle Fair Credit Reporting Act The federal Fair Credit Reporting Act (FORA) is desicned to pronlote accuracy, thintess, and privacy or information in the files of every "consumer reporting agency" (C RA). Most CRAB are credit bureaus that gather and sell information about vou -- such as if you pay your bills on time or have filed bankruptcy -- to creditors, employers, landlords, and other businesses. )'on can find the complete text oft lie FORA. 1 5 U S.C.§§1651-16SIu, M the Federal Trade Commissions web site (lure: irwir, fic.Doty The FCRA gives you specific rights, as outlined below. You may have additional rights under state law. You may contact a state or local consumer protection agency or a state attorney general to learn those rights. • You must be told if information in you'file has been used against you. Anyone who uses information from a CRA to take action against you -- such as denying an application for credit, insurance, or employment -- [trust tell vou, and give you the name, address, and phone number of the CRA that provided the consumer report. You can find out what is in your file. At your request, a CRA must give you the information in your file, and a list of everyone who has requested it recently. There is no charge for the report if a person has laken action acamst you because of infor- mation supplied by the CRA, if you request the report within 60 days of receiving notice of the action. You also are entitled to one free report every twelve months upon request if you certify that (1) you are unemployed and plan to seek employment within 60 days, (2) you are on welfare, or (3) your report is inaccurate due to fraud. Otherwise, a CRA may charge you tip to eight dollars and fifty cents ($S. 50). You can dispute inaccurate information with the CRA. If vou tell a CRA that your file contains inaccurate information, the CRA must investigate the items (usually within 30 days) by presenting to its information source all relevant evidence vou sub- mit. unless your dispute is f?iyolous. The source must review your evidence and report its findings to the CRA. (The source also must advise national CRAB -- to which it has provided the data -- of any error.) The CRA must give you a written report of the investigation, and a copy of your report if the investigation results in any chance. If the CRA's investigation does not resolve the dispute, you may add a brief statement to your file. The CRA must normally include a summary of your statement - in future reports. If an item is deleted or a dispute statement is filed, you may ask that anyone who has recently received your report be notified of the change. • Inaccurate information must be corrected or deleted. A CRA must remove or cor- rect inaccurate or unverified information from its files. usually taithin 30 days after you dispute it. However, the CI;Lk is not required to remove accurate data from %,our rileonlessilisou(datedtasdescribedbelow•)orcannotbeyerified. If yourdispute results in any chan_ue to your report, the CRA cannot reinsert into your file a disputed item unless the information source verifies its accuracy and completeness. In addition, the CRA must rive you a written notice tellinu you it has reinserted the item, The notice must include the name, address and phone number ofthe information source, You can dispute inaccurate items with thesource of the information. If you tell anyone -- such as a creditor who reports to a CRA -- that vou dispute an item, they may not then report the information to a CRA without including a notice of your dispute, In addition, once you've notified the source of the error in writing, it may not continue to report the information if it is, in fact, an error. 10526 22569 5/8 KATHY M. (HENDERSON) BISCUIT Plaintiff/Petitioner V. DARRYL S. HENDERSON, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-2975 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this 3?t?day of ® 2001, upon consideration of the a n..ftra 0".; ?t yew C" Petition for Contempt filed by the Plaintiff/Petitionnerr,,1hen s n a. Pre ldets? is -'? "day of Oca)g 2001, at R.M. in a? i1kmiertarft?t?endAhearing isset r A2 Courtroom ? Cumberland County Courthouse, Carlisle, Pennsylvania 17013. By wh- ?.J ,iY m? u: KATHY M. (HENDERSON) BISCUIT Plaintiff/Petitioner V. DARRYL S. HENDERSON, .Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-2975 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION FOR CONTEMPT AND NOW, comes the Plaintiff/Petitioner, Kathy M. (Henderson) Biscuit, by and through her attorneys, IRWIN, McKNIGHT & HUGHES, and files this Petition for Contempt as follows: 1. The Plaintiff/Petitioner is Kathy M. (Henderson) Biscuit, an adult individual residing at 118 Springfield Road, Neivville, Cumberland County, Pennsylvania 17241. 2. The Defendant/Respondent is Darryl S. Henderson, an adult individual with a mailing address of Box 251, Blain, Perry County, Pennsylvania 17006. 3. The parties were married on July 15, 1989, and separated on February 17, 1999. 2 4. On May 17, 1999, Plaintiff/Petitioner filed a divorce alleging irretrievable breakdown of the marriage. A Decree in Divorce was signed by Judge George E. Hoffer on September 20, 1999. 5. This economic distribution case was resolved by a Marriage Settlement Agreement, a copy of said Agreement is attached hereto and marked as Exhibit "A". 6. Pursuant to the paragraph eleven (11) of the executed Marriage Settlement Agreement, Defendant/Respondent agreed to pay the Sears and Wards charge accounts in full. 7. The Defendant/Respondent has failed pay off said accounts as set forth in paragraph eleven (11) of the Marriage Settlement Agreement. See copy of Transunion Credit Report dated May 25, 2001 attached and marked as Exhibit "B" 8. Due to Defendant/Respondent's contempt, Plaintiff/Petitioner has incurred additional attorney fees. The Marriage Settlement Agreement provides in paragraph fifteen (15) that reasonable legal fees of the Plaintiff/Petitioner will be paid by Defendant/Respondent if any provisions of the Agreement are breached. 3 WHEREFORE, Plaintiff/Petitioner, Kathy M. (Henderson) Biscuit, respectfully requests this Honorable Court to: a.) Issue a bench warrant against and direct the Defendant/Respondent to serve six (6) months in the Cumberland County Prison; direct the Cumberland County Sheriff to pick up the Defendant/Respondent and take him to the Cumberland County Prison; b.) Order the Defendant/Respondent to pay said accounts indicated above; and c.) Order the Defendant/Respondent to pay all attorneys, fees incurred by the Plaintiff/Petitioner in this contempt action. Respectfully submitted, By: Dated: August 15, 2001 IRWIN, McKNJGHT & Marcus A. Mc 'ght, , 60 West Pomfret tre q Carlisle, PA 17013 717-249-2353 Attorney I.D.:: 25476 Attorney for the Plaintiff, Kathy M. (Henderson) Biscuit 4 EXHIBIT A MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this J7/,& day of 11 k,i_ 1999, by and between KATHY M. HENDERSON. (hereinafter referred to as "WIFE") and DARRYL S. HENDERSON, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on July 15, 1959, in Shippensburg, Pennsylvania, and were separated on February 17. 1999. The parties hereto agree and covenant as follows: The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 1) The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the ri ghts of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. 'Ihe division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. Further, the parties agree to continue living separately and aptu1 tronl the other at mty place or places that he or she may select as they have heretotbre been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may cant' on and engage in any emplovmcnt, profession, business or other activity as lie or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. -4. The consideration for this contract and aareement is the mutual benefit 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, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (1) is represented by counsel of his or her own choosing; (2) is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the patties; (3) enters into this Agreement voluntarily after receiving the advice of counsel; (4) has given careful and mature thought to the making of this Agreement; (5) has carefully read each provision of this Agreement: and (G) fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code. Title 23, Section 401(c), and that is referred to in this Agreement as "Marital Property". as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents 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 for inadequate consideration of Marital Propertv without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns tiled by or on behalf of either or both Parties during marriage. i i I I I i 7. REAL GHUSBAND agrees to transfer all right, title and interest which he may have in the real estate situate at 118 Springfield Road, Newville. Cumberland County, Pennsylvania 17241 to WIFE and releases all claims which he may have regarding said real estate. WIFE agrees to pay the outstanding mortgage payments and hold HUSBAND harmless from any obligations on said mortgage and indemnify him if ,"Iv claim is made against him. WIFE also agrees to immediately refinance said mortgage into her name. S. SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to pay support to the WIFE. WIFE will not provide any financial support to the HUSBAND. The parties also waive any right they have to receive alimony payments from the other following the entry of the Divorce Decree in this matter. 9. PERSONAL PROPERTY: The parties agree that the personal property shall be divided as follows: I HUSBAND shall receive the following items: a. The personal property in his possession; b. His bank accounts; C. Any retirement account; and d. One-half of the State income tax refund. WIFE shall receive the following items: a. The personal property in her current possession: b. Her bank accounts: t 4 C. Any Life Insurance Policies; d. One-half of the State income tax refund. and e. HUSBAND'S life insurance policy with Monumental Life will be transferred to WIFE. She will make the payments. The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items o1' personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all proposes as if lie or she were unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of the [ other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. lo. ? AUTOMOBILES: a.) WIFE agrees to waive any and all interest which she may have in HUSBAND's truck, the van, and his motorcycle. b.) HUSBAND agrees to waive any and all interest which lie may have in WIFE's automobile. They each waive any claim which they have in any automobile owned by the other party. OIARITAL DEBTS S BANKRUP'T'CY: It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt ofa bankruptcy. Both parties warrant that he/she has not heretotbre instituted any proceeding pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him/her which have been initiated by others. HUSBAND agrees to pay the Sears and Montgomery Ward charge accounts. HUSBAND agrees to use his half of the 1995 State income tax refund to pay off these accounts if they had not yet been paid by him. 12. INSURANCE AND EII1PLOYEE BENEFITS: The parties agree that any life insurance policies through work on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and claim to HUSBAND's employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE's employee benefits. I, e 1 BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest which he has in the bank accounts of the WIFE. 14. INCOME TAX EXEMPTIONS FOR CHILDREN: The parties agree that KAREN MARIE HENDERSON and KATIE MARIE HENDERSON will both be income tax exemptions for HUSBAND in 1999. Thereafter beginning is the calendar year 2000. both children will be the income tax exemption of WIFE. 15. DIVORCE: 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. 16. BREACH: If either party breaches any provisions of this Agreement, the other parry shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 7 17. ADDITIONAL INSTRUMENTS: Each of the parties shall Iron, 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 lull force and effect to the provisions of this Agreement. is. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 19. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 20. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 8 21. PRIOR AGREEMENTS: It is Understood and agreed that any and all property settlement agreements which niav or have been executed prior to the date and time of this Agreement are null and void and of no effect. 1) 1) PAYMENT OF COSTS: The parties agree to pay fior their own costs required to obtain and complete the divorce. 21. WAIVER OF CL.AIN S 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 lie or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, cunesy, statutory allowance. widow's allowance, right to take in intestacy, right to take against the Will of the other. and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 9 : L. IN WITNESS WHEREOF. tite parties hereunto have set their hands and seals the dory and year first above wl-itten. (SEAL) KATHY .HENDERSON •2/1 /? ?a l!/l r .(? (SEAL) DARRY,?.HENDERSON l .y. W1TNFCCFS- p mow. P.O. BOX 1000 CHESTER, PA 19022-1000 RETURN SERVICE REQUESTED CONSUMER REPORT FOR: ffft?rt>Y BISCUIT, KATHY, MARIE 118 SPRINGFIELD RD NEWVILLE, PA 17241 FORMER ADDRESSES REPORTED: 2 RR 2 POB 38, LOYSVILLE, PA 17047 38 PDB 38, LOYSVILLE, PA 17047 EMPLOYMENT DATA REPORTED: NA DATE REPORTED: 05/2001 YOUR TRANS UNION FILE. NUMBER: 103556479-001 PAGE I OF 4 DATE THIS REPORT PRINTED: 05/25/2001 SOCIAL SECURITY NUMBER: 201-60-1242 BIRTH DATE: 05/1970 YOU HAVE BEEN IN OUR FILES SINCE: 12/1987 AKA: SOUDERS,KATHY,M PHONE: 776-4519 BEISTLECO DATE REPORTED: 07/1990 YOUR CREDIT INFORMATION THE FOLLOWING ACCOUNTS CONTAIN INFORMATION WHICH SOME CREDITORS MAY CONSIDER TO BE ADVERSE. THE ADVERSE INFORMATION IN THESE ACCOUNTS HAS BEEN PRINTED IN >BRACKETS< FOR YOUR CONVENIENCE, TO HELP YOU UNDERSTAND YOUR REPORT. THEY ARE NOT BRACKETED THIS WAY FOR CREDITORS. (NOTE: THE ACCOUNT # MAY BE SCRAMBLED BY THE CREDITOR FOR YOUR PROTECTION). HRS/VALUE C TRANSFERRED TO ANOTHER # 7001086000933526 LENDER REVOLVING ACCOUNT UPDATED 01/2001 BALANCE: $471 CHARGE ACCOUNT P OPENED 07/1996 MOST OWED: $471 ARTICIPANT ON ACCOUNT CR CLOSED >5T 01/1999 EDIT LIMIT: $700 ATUS AS OF 01/1999: CHARGED OFF AS BAD DEBT< M WARDS/MBGA # 7121808382 ACCOUNT CLOSED BY CONSUMER CREVOLVING HARGE ACCOUNT NT UPDATED 07/2000 BALANCE: CHARGE ACCOUNT OPENED 04/19g0 MOST OWED: $$7619 65 CREDIT LIMIT: : ACCOUNT CLOSED 07/2000 >PAST DUE: $0 >STATUS AS OF 07/2000: CHARGED OFF AS BAD DEBT< SEARS # 559039371625 REVOLVING ACCOUNT UPDATED 04/2001 BALANCE: CHARGE ACCOUNT OPENED 09/1990 MOST OWED: 5o INDIVIDUAL ACCOUNT PA10 OFF 12/1999 $510 CREDIT LIMIT: $2900 STATUS AS OF 12/1999: PAID OR PAYING AS AGREED >IN PRIOR 48 MONTHS FROM DATE PAID 1 TIME 60 DAYS, 1 TIME 30 DAYS LATE< >MAXIMUM DELINQUENCY OF 60 DAYS OCCURRED IN 05/1998< 10526 22565 1/8 S 'l REPORT ON BISCUIT,.KATHY, MARIE PAGE 2 OF 4 SOCIAL SECURITY NUMBER: 201-60-1242 TRANS UNION FILE NUHBER:'103556479-001 THE FOLLOWING ACCOUNTS ARE REPORTED WITH NO ADVERSE INFORMATION ?M BNA AMERICA tiiSN?) # 4264292100043799 REVOLVING ACCOUNT CREDIT CARD 5 UPDATED 05/2001 BALANCE: $324 AUTHORIZED ACCOUNT OPENED 05/2000 MOST OWED: $699 PAY TERMS: MINIMUM $15 CREDIT LIMIT: $7000 tlG? •C STATUS AS OF 05/2001: PAID OR PAYING AS AGREED IN PRIOR 13 MONTHS FROM LAST UPDATE NEVER LATE SEARS # 5121070151403355 REVOLVING ACCOUNT CREDIT CARD UPDATED 05/2001 BALANCE: $0 AUTHORIZED ACCOUNT OPENED 01/1983 MOST OWED: $880 CREDIT LIMIT: $7000 L) PAID OFF 05/2001 ?VrJ (STATUS AS OF 05/2001: PAID OR PAYING AS AGREED ?. N'IN PRIOR 42 MONTHS FROM DATE PAID NEVER LATE pC? I SOANB/FBUG # 6004665256379531 REVOLVING ACCOUNT CHARGE ACCOUNT i UPDATED 05/2000 BALANCE: $0 INDIVIDUAL ACCOUNT OPENED 04/1990 MOST OWED: $54 CREDIT LIMIT: $900 PAID OFF 05/1995 STATUS AS OF 05/1995: PAID OR PAYING AS AGREED IN PRIOR i MONTH FROM DATE PAID NEVER LATE AZ FIRST # 160986068001 INSTALLMENT ACCOUNT CLOSED AUTOMOBILE UPDATED 12/1999 BALANCE: $0 JOINT ACCOUNT OPENED 03/1993 MOST OWED: $22427 PAY TERMS: 120 MONTHLY $303 h 118 SPRINGFIELD RD STATUS AS OF 1£/1999: PAID OR PAYING AS AGREED IN PRIOR 48 MONTHS FROM LAST UPDATE NEVER LATE BANKAMERICA # 4356237000976191 REVOLVING ACCOUNT ACCOUNT CLOSED BY CONSUMER CREDIT CARD UPDATED 090999 BALANCE: $0 INDIVIDUAL ACCOUNT OPENED 08/1996 MOST OWED: $0 CREDIT LIMIT: $2000 STATUS AS OF 09/1999: PAID OR PAYING AS AGREED IN PRIOR 38 MONTHS FROM LAST UPDATE NEVER LATE LOWES/MCCBG # 02276138514 REVOLVING ACCOUNT UPDATED 12/1998 BALANCE: $o AUTHORIZED ACCOUNT OPENED 05/1991 MOST OWED: $756 CREDIT LIMIT: $2300 ' PAID OFF 12/1998 STATUS AS OF 12/1998: PAID OR PAYING AS AGREED IN PRIOR 25 MONTHS FROM DATE PAID NEVER LATE I CITBK/DEB # 62180805397148 REVOLVING ACCOUNT ?. UPDATED 04/1996 BALANCE: $0 PARTICIPANT ON ACCOUNT OPENED 12/1995 MOST OWED: $56 CREDIT LIMIT: $400 PAID OFF 03/1996 STATUS AS OF 03/1996: PAID OR PAYING AS AGREED IN PRIOR 5 MONTHS FROM DATE PAID NEVER LATE l 10526 22566 2/8 REPORT ON BISCUIT, KATHY, MARIE PAGE 3 OF 4 SOCIAL SECURITY NUMBER: 201-60-1242 TRANS UNION FILE NUMBER:: 103556479-001 BENEFI-HFC N 4148109580780158 INSTALLMENT ACCOUNT UPDATED 03/1996 BALANCE: $0 JOINT ACCOUNT OPENED 10/1995 MOST OWED: $793 CLOSED 03/1996 STATUS AS OF 03/1996: PAID OR PAYING AS AGREED IN PRIOR 5 MONTHS FROM DATE CLOSED NEVER LATE HHLD BANK # 5437000304918420 REVOLVING ACCOUNT UPDATED 09/1995 BALANCE: $0 CREDIT CARD INDIVIDUAL ACCOUNT OPENED 11/1992 MOST OWED: $0 CREDIT LIMIT: $7000 PAID OFF 04!199.3 STATUS AS OF 04/1993: PAID OR PAYING AS AGREED MBGA/HECHING N 50391661795 UPDATED 01/1995 BALANCE: $0 OPENED 04/1994 MOST OWED: $0 PAID OFF 01/1995 STATUS AS OF 01/1995: PAID OR PAYING AS IN PRIOR 6 MONTHS FROM DATE PAID NEVER REVOLVING ACCOUNT PARTICIPANT ON ACCOUNT CREDIT LIMIT: $900 AGREED LATE THE FOLLOWING COMPANIES HAVE RECEIVED YOUR CREDIT REPORT. THEIR INQUIRIES REMAIN ON YOUR CRED!T REPORT FOR TWO YEARS. (NOTE: "TU CONSUMER DISCLOSURE" INQUIRIES ARE NOT VIEWED BY CREDITORS). `INQUIRY TYPE DATE SUBSCRIBER NAME INDIVIDUAL 05/25/2001 TU CONSUMER DISCLOSURE INDIVIDUAL 05/21/2001 THE FARMERS NATIONAL BK JOINT 10/01/1999 PNC CONSUMER LOAN CNTR THE COMPANIES LISTED BELOW RECEIVED YOUR NAME, ADDRESS AND OTHER LIMITED INFORMATION ABOUT YOU SO THEY COULD MAKE A FIRM OFFER. OF CREDIT OR INSURANCE. THEY DID NOT RECEIVE YOUR FULL CREDIT REPORT, AND THESE INQUIRIES ARE NOT SEEN BY ANYONE BUT YOU. DATE SUBSCRIBER NAME 09/2000 CAPITAL ONE BANK 08/2000 FULL SPECTRUM LENDING DATE SUBSCRIBER NAME 03/2001 AMERICAN HORIZON INSURAN 07/2000 CAPITAL ONE BANK THE COMPANIES LISTED BELOW OBTAINED INFORMATION FROM YOUR CONSUMER REPORT FOR T1tE PURPOSE OF AN ACCOUNT REVIEW OR OTHER BUSINESS TRANSACTION WITH YOU. THESE INQUIRIES ARE NOT DISPLAYED TO ANYONE BUT YOU AND WILL NOT AFFECT ANY CREDITOR'S DECISION OR ANY SCORE. DATE SUBSCRIBER NAME 05/2001 SEARS 07/1999 BANK OF AMERICA 10526 22567 3/8 REPORT ON BISCUIT, KATHY, MARIE SOCIAL SECURITY NUMBER: 201-60-1242 TRANS UNION FILE NUMBER: DOGE 4 OF It 3556479-001 IF YOU BELIEVE ANY OF THE INFORMATION IN YOUR CREDIT REPORT IS INCORRECT, PLEASE LET US KNOW. FOR YOUR CONVENIENCE, AN INVESTIGATION FORM IS INCLUDED PLEASE COMPLETE IT AND MAIL TO: TRANS UNION CONSUMER RELATIONS P.O. BOX 2000 CHESTER, PA 19022-2000 1-800-916-8800 OUR BUSINESS HOURS IN YOUR TIME ZONE ARE: 8:30 A.M. TO 4:30 P.M. EXCEPT MAJOR HOLIDAYS. MONDAY THRU FRIDAY 10526 22568 4/8 i ii r I: i i i+1 I r INVESTIGATION REQUEST FORM Please complete the following personal information. NAME FIRST MIDDLE LAST jWSR ADDRESS NUMBER I STREET APARTMENT CITY STATE ZIP SOCIAL SECURITY NUMBER HOME PHONE DATE OF BIRTH EMPLOYMENT SIGNATURE DATE FILE NUMBER 103556479-001 Spouse's information and signature are required only when both of you are disputing information. SPOUSE'S INFORMATION: NAME SOCIAL SECURITY NUMBER DATE OF BIRTH EMPLOYMENT SIGNATURE DATE IF YOUR REPORT CHANGES AFTER OUR INVESTIGATION, OR IF A CONSUMER STATEMENT IS ADDED, AN UPDATED REPORT WILL BE SENT TO THE COMPANIES YOU LIST BELOW WHO HAVE RECEIVED YOUR REPORT IN THE PAST 2 YEARS FOR EMPLOYMENT PURPOSES, OR IN THE PAST I YEAR FOR ANY OTHER REASON: I 2. COMPANY NAME: ACCOUNT: 3. 4. If You disagree with the accuracy or completeness of any other information, please note below, Use the back of this form if necessary. COMPANY NAME: []NOT MY ACCOUNT []NEVER PAID LATE ?IN BANKRUPTCY []PAID IN FULL []PAID BEFORE COLLECTION/CHARGE OFF ? OTHER: COMPANY NAME: ACCOUNT;: []NOT MY ACCOUNT []NEVER PAID LATE ?IN BANKRUPTCY []PAID IN FULL []PAID BEFORE COLLECTION/CIIARGE OFF []OTHER: ACCOUNT #: []NOT MY ACCOUNT []NEVER PAID LATE ?IN BANKRUPTCY []PAID IN FULL []PAID BEFORE COLLECTION/CI-LARGE OFF []OTHER: C0:11PANY NAME: ACCOUNT x: []NOT MY ACCOUNT ?NEYTR PAID LATE ?IN BANKRUPTCY []PAID IN FULL []PAID BEFORE COLLECTION/CHARGE OFF []OTHER: RETURN THIS FORM TO 131E ADDRESS LLSIFD AT THE END OF YOUR CREDIT REPORT. YOU WILL RECEIVE WRITTEN NOTICE OF THE RESULTS OF OUR INVESTIGATION. WE RECOMMEND THAT YOU DO NOT APPLY FOR CREDIT WHILE YOUR DISPUTE IS PENDING. 10526 22571 7/8 COMPANY NAME: ACCOUNT #: INVESTIGATION REQUEST FORM (PAGE 2) []NOT DIY ACCOUNT []NEVER PAID LATE []IN BANKRUPTCY []PAID IN FULL []PAID BEFORE COLLECTION/CHARGE OFF ? OTHER: COATPANI' NAME: ACCOUNT #: []NOT MY ACCOUNT []NEVER PAID LATE ?IN BANKRUPTCY []PAID IN FULL []PAID BEFORE COLLECTION/CHARGE OFF []OTHER: COMPANY NAME: ACCOUNT a: []NOT MY ACCOUNT []NEVER PAID LATE 0IN BANKRUPTCY []PAID IN FULL []PAID BEFORE COLLECTION/CHARGE OFF []OTHER: ADDITIONAL COMMENTS: COMPANY NAME: ACCOUNT #: []NOT Ml' ACCOUNT []NEVER PAID LATE []IN BANKRUPTCY 0PAID IN FULL []PAID BEFORE COLLECTION/CHARGE OFF []OTHER; COMPANY NAD1E: ACCOUNT p; []NOT DIY ACCOUNT []NEVER PAID LATE []IN BANKRUPTCY []PAID IN FULL []PAID BEFORE COLLECTION/CHARGE OFF []OTHER: COMPANY NAME: ACCOUNT #: []NOT DIY ACCOUNT []NEVER PAID LATE []IN BANKRUPTCY []PAID IN FULL []PAID BEFORE COLLECTION/CHARGE OFF ? OTHER: THE PROCEDURE 1VE FOLLOW TO INVESTIGATE YOUR DISPUTE IS TO CONTACT THE SOURCE OF THE DISPUTED INFORMATION BV AtAIL AND/OR TELEPIIONE. EACH SOURCE WILL BE ADVISED AS TO THE NATURE OF YOUR DISPUTE AND WILL BE REQUESTED TO VERIFY THE ACCURACY AND/OR COMPLETENESS OF THE INFORMATION THEY REPORTED. IF OUR INVESTIGATION DOES NOT RESOLVE YOUR DISPUTE, YOU AIAV ADD A 100 WORD EXPLANATION STATEMENT TO YOUR REPORT. IF YOU WOULD LIKE TO ADD A STATEMENT, PLEASE WRITE THE STATEMENT ON A SEPARATE SHEET OF PAPER AND ATTACH IT TO THIS FORAL 10526 22572 8/8 A Sunuuarv of Your Rights Under the Fair Credit Reporting Act The 1'ederal Fair Credit Reporting Act (FCRA) is designed to promote accuracy, fairness, and privacy of information in the files ofevery "consumer reporting agency" (CRA). Most CRAs are credit bureaus that gather and sell information about you -- such as if you pay your bills on time or have filed bankrupt y -- to creditors, employers, landlords, and other businesses. You can find the complete test ofthe FCRA. 15 U.S.C.§§1681-1681 u, at the Federal Trade Commission's web site (Iwl): •u iru.,/ics?or? The FCRA gives you specific rights, as outlined below. You may have additional rights under state law. You may contact a state or local consumer protection agency or a state attorney general to learn those rights. o You must be told if information in your file has been used against you. Anvone who uses information from a CRA to take action against you -- such as denying an application for credit, insurance, or employment -- must tell you, and give you the name, address, and phone number of the CRA that provided the consumer report. • You can find out what is in your file. At your request, a CRA must give you the information in your file, and a list of everyone who has requested it recently. There is no charge for the report if a person has taken action against you because of infor- mation supplied by the CRA, if you request the report within 60 days of receiving notice of the action. You also are entitled to one free report every twelve months upon request if you certify that (1) you are unemployed and plan to seek employment xbtthin 60 days, (2) you are on welfare, or (3) your report is inaccurate due to fraud. Otherwise, a CRA may charge you up to eight dollars and fifty cents (58.50). • You can dispute inaccurate information with the CRA. If you tell a CPA that your file contains inaccurate information, the CPA must investigate the items (usually within 30 days) by presenting to its information source all relevant evidence you sub- mit, unless your dispute is frivolous. The source must review your evidence and report its findings to the CRA. (The source also must advise national CRAB -- to which it has provided the data -- of any error.) The CRA must give you a written report of the investigation. and a copy of your report if the investigation results in anv change. -If the CRA's investigation does not resolve the dispute, you may add a brief statement to your file. The CRA must normally include a summary of your statement - in future reports. If an item is deleted or a dispute statement is tiled, you may ask that anyone who has recently received your report be notified of the change. • Inaccurate information must be corrected ordeleted. A CRA must remove or cor- rect inaccurate or unverified information from its files, usually within 30 days after you dispute it, However, the CRA is not required to remove accurate data from your file unless it is outdated (as described below) or cannot be verified. If your dispute results in any change to your report, the CRA cannot reinsert into your file a disputed item unless the information source verifies its accuracy and completeness. In addition, the CRA must give you a written notice telling you it has reinserted the item. The notice must include the name, address and phone number of the information source. You can dispute inaccurate items with the source of the information. If you tell anyone -- such as a creditor who reports to a CRA -- that you dispute an item, they may not then report the information to a CRA without including a notice of you dispute. In addition, once you've notified the source of the error in writing, it may not contiruc to report the information if it is, in fact, an error 10526 22569 5/8 o Outdated informmtion may not be reported. In most cases, a CRA may not report negative information that is more than seven years old: ten years for bankruptcies. • Access to your rile is limited. A CRA may provide information about you only to people with a need recognized by the PCRA -- usually to consider an application with a creditor, insurer, employer, landlord, or other business. e four consent is required for reports that are provided to employers, or reports. -_ that contain medical information. A CRA may not give out information about you to your employer, or prospective employer, without vour written consent. A CRA may not report medical information about you to creditors, insurers, or employers without your permission. e You may choose to excludeyour name from CRA lists for unsolicited credit and insurance offers. Creditors and insurers may use file information as the basis for sending you unsolicited offers of credit or insurance. Such offers must include a toll- free phone number for you to call if you want your name and address removed from future lists. "You call, you must be kept off the lists for two years. if you request, complete, and return the CRA form provided for this purpose, you must be taken off. the lists indefinitely. • You may seek damages from violators. If a CRA, a user or (in some cases) a pro- vider of CRA data, violates the PCRA, you may sue them in state or federal court. The PCRA gives several different federal agencies auth i or FOR O1 I`.S710\S UR CO\'CERNS REG ty to enforce tile FCR-AL: -UMING: CRac, aedilors and others 11111 listed belmc I'LliaSli CU\'1-:\Cl': 14drral'1}ade Commission C'onsunicr 12esponse Center- FCRA National batiks, tederal branches agencies of hRen n banks \\aaI110g1011. DC 20580'I.8]7.F 1'pIILL1' g (NOfJ "National" or initials N.;\,"aPp\Jr ill or offer batik's nallla) (Mice 04,11w Comptroller ofthe Cumenc, Compliance \lanagernom. Mail Slop 6.0 Federal Resen"e S\'51ein Inernber banks (except itpl Ilallonal banks. and Itderal \\'YShinglotl. DC 20219 '800.613-6743 bratmhcs agencies of lorcipl banks) federal Resen'e Board Sas'utgs associations and ledet'all\''bartered sas'utgs hanks OW111 "Federal" or uutials "F.S.13 " appear in federal institutions name) rcderai credn union. (\\orck •'Fedictal Credit 1. nion" appear m minution's name) Slate-ehanered [links that are not members of the Federal Reserve System --------------- Air, surface. or rail caanmovt cam-em reGulatcd he firmer C'ieil Aeronautics Board or Interstate C'nrtimerce Colnmissinn :1ch\vms suhµ'n to IL¢ 1'aikclx and Slllek\'ards Act. 1921 Di\ oion of Consumer & Connnu11its' AOiirs Washingiou. DC 20551 '202.452.3691 (Alice of"! brilt Supervision Commner I'rccrams 11'a.hindor.. OC 20552 '800.842-0929 \anonel Credit t'nion :\dnu myna, 175 Duke Street .vewndria. \\ 22714.707.515-„360 federal Depnsn Insurance Curpo,,non Dninion of Compliance k Consumer Alfuin l\'aaun_pon, DC 204:9 •8001 974- I DIC Department of Transry+nation OOim of I niaucial \lanagematl Washuga.al. UC 205911'2(12-36(,..1306 U.`panment of :\gricuhum Office of Dcpul\' dulinutrsan. iill'SA DC 20250'202 7207051 7 10526 22570 6/8 VERIFICATION The foregoing Petition for Contempt is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. " -IN KA HY . BIS .UIT r Date: August 15, 2001 KATHY M. (HENDERSON) BISCUIT Plaintiff/Petitioner, V. DARRYL S. HENDERSON, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-2975 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I the undersigned hereby certify that on this 17th day of August, 2001, a copy of the Petition for Contempt was served by first-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the fallowing: Daniel McGuire, Esquire P. O. Box 264 New Bloomfield, PA 17068 Attorney for Defendant IRWIN, Marcio A. McKnightj1H, Esq. 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Attorney I.D. #: 25476 Attorney for the Plaintiff/Petitioner Kathy M. (Henderson) Biscuit Date: August 22, 2001 5 i, is ,,, _ - ?: _ . .r ?: i:J i ? ' .., ? .q C. , ' 1 ?ll ?? ?-, . t) I, r t i ? 1 t a ` ? bi vI. 'r _ 4r. i (fl? ?, 1. I oh i it V. }?f A yT ` i,H O? Yjy ?'r4 F r t ! b : ?,rv.Fxvr. 91 11 v r,y x ?W t 'Pf 7 aNA , +H Vpl x'r, p I ';J P Ar a: H y7 .., A v F7.,' EG r ? "'pppAPPQQQ777 ? 1 F 7.. ? ? ? ? n. r?,( 111 yy? ?g1?aj, S r J try ,;jl !. "I-)llk?,4??,'?ll In KATHY M. (HENDERSON) BISCUIT,: Plaintiff/Petitioner V. DARRYL S. HENDERSON, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-2975 CIVIL TERM ORDER OF COURT AND NOW, this 10th day of October, 2001, the defendant, Darryl S. Henderson, is ordered to pay the Montgomery Wards charge in full, and provide evidence thereof to Plaintiff's counsel within 30 days of today's date. He is further directed to reimburse Plaintiff the sum of $412.50 representing attorneys fees incurred. Reimbursement of said sum should be paid within 90 days of today's date. By the Court III I '. r f Marcus A. McKnight, III, Esquire For the Plaintiff/Petitioner Daniel McGuire, Esquire For the Defendant/Respondent It Edward E. Guido, J. kb 4 ra "r 0 f OCT 12 PH 2: 25 CUIv'E: ii,=;vD UJUNTY F NNSYLVAMA KATHY M. (HENDERSON) BISCUIT, Plaintiff V. DARRYL S. HENDERSON, Defendant IN THE COURT OF COMMON PLEAS OF THE 9Tru JUDICIAL DISTRICT OF PENNSYLVANIA, CUMBERLAND COUNTY No. 99-2975 CIVIL ACTION - DIVORCE PETITION TO WITHDRAW AND NOW, comes Counsel for the Defendant, Daniel McGuire, Esquire, (hereinafter the Petitioner) to petition this Honorable Court for leave to withdraw from the above-captioned action. In support of this petition it is hereby asserted: 1. Petitioner has left private practice and, due to new work related responsibilities, Petitioner is unable to continue representing the Defendant. 2. To the best of Petitioner's knowledge, information and belief, there are currently no other motions or petitions filed in this action that are currently pending before the Court. Divorce decrees have been issued, however, there were subsequent issues raised regarding performance and/or breach of the terms set forth in the marital settlement agreement. 3. On April 14, 2002, Petitioner and Defendant discussed Petitioner's need to withdraw his appearance from this action. At said meeting, Defendant raised no objection to Petitioner withdrawing from this action and agreed to execute a Praecipe to Withdraw. See Exhibit "A" 4. Subsequently, Petitioner attempted to filed the Praecipe to Withdraw with the Cumberland County Prothonotary but it was not accepted because there was no attorney simultaneously entering an appearance in place of Petitioner. 5. Circumstances require Petitioner to withdraw his appearance, the Defendant has cooperated in assisting Petitioner to withdraw from this case and the Defendant will suffer no prejudice if this Court were to grant the relief requested by Petitioner. r ? ?IIIN?L $ 2??2 KATHY M. (HENDERSON) IN THE COURT OF COMMON PLEAS Plaintiff BISCUIT, OF THE 9" JUDICIAL DISTRICT OF PENNSYLVANIA, V. CUMBERLAND COUNTY DARRYL S. HENDERSON, No. 99-2975 Defendant CIVIL ACTION - DIVORCE RULE TO SHOW CAUSE AND NOW, this O. day of 2002, a rule is hereby issued to show cause why counsel for the Defendant should not be granted leave to withdraw his appearance from this action. This rule is returnable in G1 days from the date of service. If no objection is raised within the allocated time period, Counsel for the Defendant shall be granted leave to withdraw his appearance from this action and this order shall be deemed self-executing. J. E f R. Y d ry cl 1 1 r? t1,.J 1' L'.? 1., . y WHEREFORE, Petitioner respectfully requests that this Honorable Court issue a Rule to Show Cause why the relief sought by Petitioner should not be granted. Respectfully submitted: Attorney for Defendant/ Petitioner Daniel McGuire, Esquire Supreme Court I.D. No. 81630 P.O. Box 264 New Bloomfield, PA 17068 (717) 582-8883 a KATHY M. (HENDERSON) BISCUIT, Plaintiff V. DARRYL S. HENDERSON, Defendant IN THE COURT OF COMMON PLEAS OF THE 9n' JUDICIAL DISTRICT OF PENNSYLVANIA, CUMBERLAND COUNTY No. 99-2975 CIVIL ACTION - DIVORCE. PRAECIPE TO WITHDRAW AND NOW, Counsel for the Defendant, Daniel McGuire, Esquire, by agreement of Counsel and Defendant hereby withdraws his appearance from the abov6-captioned action. DATE: ?-?h?-off DATE: fV lqq Z 1 200Z. SIGNATt. E Darryl S. enderson clIZ SIGNAT Daniel McGuire, Esq. ?X t?LIi=T? 'A KATHY M. (HENDERSON) IN THE COURT OF COMMON PLEAS BISCUIT, OF THE 9Trn JUDICIAL DISTRICT Plaintiff OF PENNSYLVANIA, V. CUMBERLAND COUNTY DARRYL S. HENDERSON, No. 99-2975 Defendant CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, Daniel McGuire, Esquire, hereby certify that, on this date, a true and correct copy of the foregoing PETITION TO WITHDRAW was served upon MARCUS A. McKNIGHT, III. Esq., Attorney for the Plaintiff, KATHY M. (HENDERSON) BISCUIT, and upon the Defendant, DARRYL S. HENDERSON, in the above-captioned action by mailing copies of said PETITION from the Harrisburg, Pennsylvania Post Office via first class mail postage prepaid to the following addresses: Marcus A. McKnight, Esq. Irwin, McKnight and Hughes 60 West Pomfret Street Carlisle, PA 17013 Mr. Darryl S. Henderson RR #1 Box 2090 Blain, PA 17006 DATE: Attorney for Defendant/ Petitioner Daniel McGuire, Esquire Supreme Court J.D. No. 81630 P.O. Box 264 New Bloomfield, PA 17068 (717) 582-8883 r (=I.? .ice __ 11 ?.I C : G:Li