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HomeMy WebLinkAbout04-2240 " JODY HENRY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 04 - ~:J.lJC c.;(.J~ (I EI2-.>'Y) vs. DAVID S. HENRY, Defendant : CIVIL ACTION - AT LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the court. A judgment may aIso 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 you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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 LmERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (800) 990-9108 II JODY HENRY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. OLJ - d-~l/(::> C?1"u~L ~Etut : CIVIL ACTION - AT LAW IN DNORCE vs. DAVID S. HENRY, Defendant COMPLAINT IN DIVORCE AND NOW, comes the above captioned Plaintiff, Jody Henry, through her attorneys, The Law Offices of Patrick F. Lauer, Jr., L.L.C., and seeks to obtain a Decree in Divorce from the above named Defendant, David S. Henry, upon the grounds hereinafter set forth: 1. Plaintiff is Jody Henry, an adult individual, who currently resides at 245 W. Dauphin Street, Enola, Cumberland County, and State of Pennsylvania. 2. Defendant is David S. Henry, an adult individual, who currently resides at 245 W. Dauphin Street, Enola, Cumberland County, and State of Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the CommonweaIth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 6, 1996, in Cumberland County, Pennsylvania. 5. Neither plaintiff nor defendant is in the military or naval service of the United States or its aIlies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. The Plaintiff and Defendant are both Citizens of the United States of America. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. II 8. The plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. The Plaintiff avers that the marriage is irretrievably broken. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter a Decree in Divorce. Date: 0-;//7/01 Respectfully submitted, I U' / /Ll 'jJ ~inJf sef,h D. Caraciolo, Esquire 108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717)763-1800 II JODY HENRY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Ys. : No. DAVID S. HENRY, Defendant : CIVIL ACTION - AT LAW IN DIVORCE VERIFICATION I verify that the statements made in this Complaint for Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Date: sir cl/ocr ~~ Signature: " JODY HENRY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. DAVID S. HENRY, Defendant : CIVIL ACTION - AT LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Divorce Complaint upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing a copy of he same, certified mail, return receipt requested, to the person named as follows: David S. Henry 245 W. Dauphin Street Enola, P A 17025 Date: 0'-;-(1 toy Respectfully submitted, ~~0 8 Market Street, Aztec Building mp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717) 763-1800 (-:) "'0. IV ...... 'k ...0 #. () ..... --- CI) ~ )..J 0 ..... ~ '--", ~ FE! .-t ~ -.:t:- . . '.' , . ~ .. JODY HENRY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 01{- X2.'It: DAVID S. HENRY, Defendant CIVIL ACTION - AT LAW IN DIVORCE SEP~TION AND PROPERTY SETTLEMENT AGREEMENT ~ ~ -, this ~ day of \-tA.:)rui.l,~ HENRY of Enola, Cumberland County, THIS AGREEMENT, made 200f, by and between JODY Pennsylvania, hereinafter referred to as Wife; and DAVID HENRY of Enola, Cumberland County, Pennsylvania, hereinafter referred to as Husband, WITNESSETH THAT: WHEREAS, Husband and Wife were married in October 06, 1996 in Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife are bona fide residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; and WHEREAS, certain differences have arisen between the parties hereto and, as a consequence, they have ceased living as Husband $nd Wife since May 18, 2004; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, make an equitable distribution of their marital property, and determine their rights to alimony, spousal support, and all other matters which may be considered under the Divorce Code; and 1 . 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 from 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 ~rovisions for the liabilities they owe, and provisions for the iresolution of their mutual differences, after both have had full land ample opportunity to consul t with attorneys of their respective choice, and the parties now wish to have that agreement ~educed to writing; and WHEREAS, in preparing this Agreement and negotiations ~ontemporaneously therewith, Wife was represented by Joseph D. Caraciolo, Esquire; and Husband, was unrepresented, and fpecifically acknowledges his rights as further described in paragraph 6.2 herein, with respect to the preparation and $xecution of this Agreement; and NOW THEREFORE, the parties, in consideration of the mutual !promises set forth hereinafter, and for other good and valuable ~onsideration, intending to be legally bound and to legally bind ~heir heirs, successors, assigns, and personal representatives, do 0ereby covenant, promise, and agree as follows: 2 . , ARTICLE I - SEPARATION 1.1 Separation. It shall be 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 respectively deem fit, free from any control, restraint, 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 provisions shall not be taken to be an ~dmission on the part of either party of the lawfulness of the causes leading to them living separate and apart. 1.2 Effect of Reconciliation. This Agreement shall not be (:leemed to have been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital relations between the parties. The parties shall not be deemed to have teconciled with the intention of vitiating or terminating this !greement unless they make such actions through a written instrument, executed, and acknowledged in the same manner as this Agreement. ARTICLE II - DIVORCE 2.1 Divorce Action. This Agreement is not predicated on c1i vorce. Notwi thstanding the foregoing, it is, in fact, agreed and acknowledged between the parties that Wife has filed a divorce 3 . action against Husband, and that both parties agree, as a condition to this agreement, to execute the necessary divorce consents required by Section 3301 (c) of the Divorce Code, including the Waiver of Notice of Intent to Transmit Divorce Decree, so as to promptly finalize said action. 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 the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or 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 shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 Final Resolution. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties ~re accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment, or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its 4 , covenants shall not be affected in any way by any such separation and divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties 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 IncorPorati.on of Aareement i.nto Decree. It is ispecifically agreed that a copy of this Agreement shall be incorporated by reference into any divorce, judgment or decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. ARTICLE III - EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 Cri.teri.a of Distr:ibution. The parties have attempted to divide their marital property in a manner which conforms to the <(:riteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following qonsiderations: the length of the marriage; the prior marriages ~f the parties; the age, health, station, amount and sources of ~ncome, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to 5 . , the education, training or increased earning power to 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 or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of imari tal property, including the contribution of a party as a ihomemaker; the value of the property set apart to each party; the 'standard of living of the parties established during their marriage; and the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective. 3.2 Satisfaction of Riahts of Eauitable Distribution. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The ~ivision of property under this Agreement shall be in full $atisfaction of all rights of equitable distribution of parties. 3.3 Relinauishment of Claims. Husband agrees to relinquish all claims to any assets that may be acquired by Wife prior to the ~inalized divorce decree, and Wife agrees to relinquish all claims DO any assets that may be acquired by Husband prior to the ~inalized divorce decree, except as may be otherwise set forth nerein. 6 .'[ 3.4 Marita1 Residence. Husband agrees to transfer to Wife all of his interest in the marital residence at 245 West Dauphin Street, Enola, Cumberland County, Pennsylvania 17025. Wife shall have sole and exclusive possession thereof, and Husband shall if necessary at any time make, execute, and deliver any and all documents in the usual form conveying, transferring, and granting !to wife all his right, title, and interest in and to the marital residence. 3.5 Persona1tv. The parties have agreed between themselves 'to a division of all household furnishings and personal property iwhich would be considered "marital property" under the ,Pennsyl vania Divorce Code, including any pensions or retirement ~avings accounts or plans. 3.6 Eauitab1e Distribution. Wife shall pay Husband the ~otal amount of $5,500.00 (Five Thousand Five Hundred Dollars) ~inus Husband's agreed to share of the marital debt of $4,200.00 {Four Thousand Two Hundred Dollars) for a net amount of $1,300.00 ~One Thousand, Three Hundred Dollars) representing his equity in the marital estate. This amount is to be paid regardless of whether either or both of the parties die or remarry. Wife to pay ~his amount in the lump sum of $1,300.00 lump sum payment, made ~pon, and on the date of, the signing of this agreement. 3.7 Property to Husband. Husband agrees to remove from the marital residence of 245 West Dauphin Street, Enola, Pennsylvania 7 .1 17025, and to take exclusive title and possession thereof of the following specific property: 1. Living Room Set including: 2. Entertainment center 3. Two end tables 4. All items belonging to Husband prior to the marriage of the parties. 5. All items acquired as gifts to Husband individually from his family. 6. All items inherited by Husband individually from his family. Husband agrees to relinquish all claims to title, ownership, or possession to any assets and/or property, not specifically set ;forth herein, and located on or wi thin the marital residence on , !'lay 18, 2004. Husband agrees to relinquish all claims to title, ownership, or possession to the Saturn, regularly driven by Wife, and ~cknowledges title, ownership, and possession of the Ford Taurus, regularly driven by Husband, free from any claim of title, ~wnership, or possession, by Wife. Husband further agrees to relinquish all claims to any assets tihat may be acquired by Wife prior to the finalized divorce qecree. 3. 8 Prooertv to Wife. Wife agrees to relinquish all claim 8 .1 to title, ownership, or possession of the specific property as more fully set forth, and listed one (1) through three (3), in the preceding list, in paragraph 3.7 above, upon Husbands removal of listed property from the marital residence of 245 West Dauphin Street, Enola, Pennsylvania 17025. Wife further agrees to take sole and exclusive title, iownership, and possession to all other assets and/or property, not Ispecifically set forth herein, located on or within the marital iresidence on May 18, 2004, including, but not limited to the ~edroom set, including two dressers, a nightstand and a headboard. Wife agrees to relinquish all claims to title, ownership, or possession to the Ford Taurus, regularly driven by Husband, and ~cknowledges title, ownership, and possession of the Saturn, ~egularly driven by Wife, free from any claim of title, ownership, or possession, by Husband. Wife agrees to relinquish all claims to any assets that may ~e acquired by Husband prior to the finalized divorce decree. 3.9 Retirement. Each party specifically waives any claim ~hey may have against the retirement of the other. Each party 4cknowledges that the other spouse may have a retirement plan or account to which the parties may have contributed martial property cjver the course of the marriage. Each of the parties ~cknowledges, without the necessity of an expert valuation, that ~etirement assets may prove to comprise a substantial percentage 9 .1 of the entire martial estate. Nonetheless, each party desires to waive and specifically releases any claim they may have as to the retirement assets currently in the possession of the other spouse. Each party further agrees to execute immediately upon demand any documents as may be required by the retirement plan administrator of the other spouse so as to confirm they have waived any claim right or interest thereto. 10 I ARTICLE IV - DEBTS OF THE PARTIES 4.1 Debts. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts. It is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills iwere incurred, that, except as otherwise provided herein, both iparties are responsible for all such bills, obligations, and debts iwi th Husband being forty (40) percent responsible and Wife being , !sixty I , [hold (60) percent responsible. Husband and Wife each agree to the other free and harmless from any and all liability that fay arise from any outstanding bills, obligations, and debts i ~ncurred after the date of separation, and further agree to ~ndemnify and defend the other from any claim regarding same. l30th parties agree that, in the future, neither shall cause or rermi t to be charged to or against the other any purchase which ~ither of them may hereafter make and shall not hereafter create , tny engagements, ~ach other. I debts, or obligations in the name of or against 4.2 Mortaaae for residence located at 245 West DauDhin 4treet. Enola. Cumberland Countv. Pennsvlvania. I ~o accept sole responsibility for the mortgage Wife agrees encumbering the 1arital residence, and to hold Husband free and harmless from any ~nd all liability which may arise from said mortgage, and to ilndemnify husband from any action related to the marital 11 I residence. 4.3 Specific Outstandina Debts of Husband. Husband agrees to accept sole responsibility for, and to hold Wife free and harmless from any and all liability which may arise from any account or debt that is solely in Husband's name. 4.4 Specific Outstandina Debts of Wife. Wife agrees to ',accept sole responsibility for, and to hold Husband free and , !harmless from any and all liability that may arise from any 6ccount or debt that is solely in Wife's name. ARTICLE V - ALIMONY AND SPOUSAL SUPPORT. and CHILD SUPPORT 5.1 Alimonv. Pursuant to this Agreement of the parties, each party waives any right they may have to seek alimony, alimony pendente lite, spousal support, maintenance, or the like. 5.2 Child Support. Pursuant to this Agreement of the parties, each party agrees to the following child support $chedule. Such schedule is done in acknowledgement of the parties tights to have a Domestic Relations Department, or other duthorized agency, determine an exact child support figure, and a ~aiver of such rights, hereby agreeing to dispose with such ~upport as follows. Each party specifically acknowledges that ~his child support obligation is subject to court review and modification, and that such review or modification will be donsidered a breach of this paragraph and the provisions of 12 .1 . paragraph 6.1 will apply. Husband hereby agrees and acknowledges to make child support payments to Wife in the amount of $525.00 per month. Husband and Wife additionally acknowledge that Husband will not be responsible for the payment, of their children's college education, except to the extent that Husband agrees an acknowledges to make payment of \$50.00 per month, per child, to wife, to be set aside and held as , ia "college payment." Such college payment will cease when each !child reaches the age of eighteen. On request of Husband, wife !shall submit proof of savings of the total college payment to !date. ARTICLE VI - MISCET.T.lWEOUS PROVISIONS 6.1 Attornevs Fees unon Breach. Each of the parties agrees ~hat should either of them be in breach of contract and fail to comply with the terms of the Agreement herein the breaching party ~hall be responsible for all court costs and attorney fees reasonably necessary to enforce the Agreement. 6 . 2 Advice' of Counsel. The parties acknowledge that they i , ~ave been given full and fair opportunity to consult legal counsel tegarding the legal effect of this agreement. They acknowledge , 4nd accept that this Agreement is, in the circumstances, fair and ~quitable, that it is being entered into freely and voluntarily, cifter having received such advice and with such knowledge that ~xecution of this Agreement is not the result of any duress or 13 I . undue influence and that is not the result of any collusion or improper or illegal agreement or agreements. 6.3 Counsel Fees. Husband and Wife agree to be responsible for their respective attorney fees. For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. 6.4 Mutual Release. Husband and Wife each do hereby imutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all times to come and for ,all purposes whatsoever, of and from any and all right, title, ,interest, or claims in or against the property (including income dnd gain from property hereafter accruing) of the other, or ~gainst the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time nereafter 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 ~ower, curtesy, or claims in the nature of dower, curtesy, widow's <1'r widower's rights, family exemption, or similar allowance, or ~nder 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 any other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising 14 I , . under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory of the United States, or (c) any country. The parties further release any claim to all rights which either party may have or at any time hereafter have for past, present, or future spousal support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result lof the marital relation or otherwise, except and only except, all irights and agreements and obligations of whatsoever nature arising br which may arise under this Agreement or for the breach of any !thereof. It is the intention of Husband and Wife to give each bther by execution of this Agreement a full, complete and general lLelease with respect to any and all property of any kind of hature, real or personal, not mixed, which the other now owns or J\nay hereafter acquire, except and only except, all rights and ~greements and obligations of whatsoever nature arising or which *ay arise under this Agreement or for the breach of any thereof. $oth parties acknowledge that they have been advised that each may Iilave the right to assert a claim for spousal support, alimony, 4limony pendente lite, attorneys fees, costs and/or expenses. ~xcept as otherwise provided herein, each party hereby waives any ~ight to such economic claims ancillary to the divorce and accepts tjhe provisions of this Agreement relating to these claims as a ~inal settlement for all purposes, as contemplated by the Plennsyl vania Divorce Code. 15 . .1 . 6.5 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party [harmless from and against any and all such debts, liabilities or (obligations of each of them, including those for necessities, [ iexcept for the obligations arising out of this Agreement. Husband land Wife each warrant, covenants, represent and agree that each [will, now at all times hereafter, save harmless and keep the other , lindemnified from all debts, charges, and liabilities incurred by [the other after the execution date of this Agreement, except as is btherwise specifically provided for by the terms of this Agreement ~nd that neither of them hereafter incur any liability whatsoever ~or which the estate of the other may be liable. 6.6 MOdification. No waiver or modification of any of the , terms of this Agreement shall be valid unless in writing and $Jigned by both parties, and no waiver of any enforcement claims , for breach or default shall be deemed a waiver of any subsequent , ~efault of the same or similar nature. 6.7 Document Execution. The parties agree that they will ~romptly execute any and all written instruments, assignments, ~eleases, satisfactions, deeds, notes, or such other writings as , ~ay be necessary or desirable for the proper implementation of 16 .1 . , '. . this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 6. 8 Governina Law. This Agreement shall be construed in !accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the execution date of this Agreement. 6.9 Binctina. This Agreement shall be binding and shall "inure to the benefit of the parties hereto and their respective Iheirs, executors, administrators, successors, and assigns. 6.10 Entire Aareement. This Agreement constitutes the !entire understanding of the parties and supersedes any and all ~rior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth rerein. 6.11 Severability. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to j:>e void or invalid in law or otherwise, then only that term, tondition, clause, or provision shall be stricken from this ,igreement, and in all other respects, this Agreement shall be talid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligation under any qne or more of the articles and sections shall in no way void or al ter the remaining obligations of the parties. The parties ~xpressly represent that the headings of each paragraph are solely 17 " .1 . ~ . for purposes of convenience and are not to be construed as controlling. 6.12 Eauitable Division. It is specifically understood and agreed that this Agreement constitutes an 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 Divorce Code of the iCommonweal th of Pennsylvania. 6.13 Disclosure. The parties warrant and ~hey have made a full disclosure of all assets represent prior to that the ~xecution of this Agreement and that this agreement was entered into in reliance upon that disclosure. 6.14 Effective Date. The effective date of this Agreement $hall be the date upon which it is executed. This Agreement shall ~e deemed to have been executed on the date the last party signing it shall have signed. 6.15 Enforceabilitv and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall ~orever be binding and conclusive on the parties, and any ~ndependent action may be brought, either at law or in equity, to ~nforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The donsideration for this contract and agreement is the mutual bf=nefi ts to be obtained by both of the parties hereto and the 18 . . ., ~ " covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained and stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so [breached the Agreement, the breaching party shall be responsible :for any and all attorney' s fees as well as costs and expenses !associated with litigation incurred by the non-breaching party to [enforce this Agreement against the breaching party. IN WITNESS WHEREOF, the parties hereto have set their hands pnd seals the day and year first written above. WITNESSED BY: JOD$~~,~ .~ / 0J-.fLC~ :; I DAVID HENRY, HUSB D 19 .1 .,. .. . . " .. . COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, theAl day of ~U/~ ' personally appeared ~ 2004, before me, the undersigned officer, Jody Henry, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and aCknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, th~ day of rb , E" 20~ before me, the ~ndersigned officer, personally appeared David Henry, known to me ~r satisfactorily proven to be the person whose name is subscribed ~o in the foregoing Marital Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. {} h- /~G.c4h'7 ~ i-'.--'--"'-~----'-"--""" ...,""'--:' M go . ~JOTMll OCAl , y ~~r:f lcm.l ~,tNbl:3ry'F"t'lic JI l Camp Hill Borc.), Cumberla1d County .My C~~~~~~ Expires S6r:~~~ 20 o (' -, Co',',' ':;,". ...,.'!>' ~'l -;i:l \~, e'''' c- ,~" ~.~) -'- o -n ..... ~,-n '~~}~',~-~ .,'.,- ';;~( ") -r) 7~.>. :J;;:' ';'" t;:-? - (...\t -..:l::' - II 1- JODY HENRY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 04-2240 Civil Term DAVID S. HENRY, Defendant : CIVIL ACTION -AT LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 18,2004. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service ofthe Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this affidavit are true and correct. I understand that faIse statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904 relating to unsworn falsification to authorities. Date: tJ.-'),5-{J'J-' f\ 0. ~ \1~aenry~J Signature: 2 4 ~..... ~(i\ C:cr ~ j' ..._ ., c' (l-'::. ~.(,. ~- \-:~ \: ~gf.:., YC: 7':, '2 -- -~--'-'- ,..., .g Gf' ~ p;:; r'> CT' q, 1,,,,,, f\1~-::' -0 \(C, 'on ',_, 'T '-'0 ~.~. .-'l. -r"'\ c)-C) ?;')r'O ::::.\ '~9. -0 :;r;. r;? .- ~ 'I JODY HENRY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 04-2240 Civil Term i DAVID S. HENRY, Defendant : CIVIL ACTION - AT LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) ofthe Divorce Code was filed on May 18,2004. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. {j 4904 relating to unsworn falsification to authorities. Date: 4 -~. 05" Signature: 0; iJJ-~ S Herf. David S. Henry -0 ,:,. q. q......l -fl-:;:;:' , 'f'!:. :'jl,t( 00 /-~ 0"\' "....- ..-(_\ "~? .~ '~..<~ ..- ,.f\ o ~.. --'J"':,t' d;\~ ,~,; i'j\',\:' ~..L ~ - '~i~::~ 7(,;- ..,;.-:\ ...,{ r-' ~ ~, ~ ?'> ~, ~ -"'~" ---------- II 1- JODY HENRY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 04-2240 Civil Term DAVID S. HENRY, Defendant : CIVIL ACTION - AT LAW IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a finaI decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsifica1ion to authori1ies. Date: f.\--J,t) - C') Signature: , (b:t~& N(f\ !\j J J~d Henry ~~ ~ 'f}. ~ ?> ~, -<> ~ ~ .....;.)\'" ~\'i~" ~, J.,;":; ij'~ .~.....- (';- ~'- .. '~:;~ '-.--., :I,U, ""7<;,'-/ 2 q, 1~~. ....0....... .0:1: ':.-..., ~,~<, .\:.,..0;) '00 ":~: ('\I ',"") ~~ ~\o ~.-;(- -- <.J\ -",_...-- .,-.,...--- II i I JODY HENRY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 04-2240 Civil Term DAVID S. HENRY, . Defundant : CIVIL ACTION - AT LAW IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DNORCE CODE I. I consent to the entry of a finaI decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. 4. I verify that the statements made in this affidavit are true and correct. I undersland that false statements herein are made subject to the penaIties of 18 Pa. C.S. S 4904 relating to unsworn falsifica1ion to authorities. Date: Y-~5-0S- Signature: !f~ j,~ David S. Henry ~) ~ o ....n ~-.-I p'\e -() tn. -,'0........- c;..;:} /S~~f:\ ,/0 ..:_:::f\\ U "A ~~ :-q .~ n <:"4 ~Q ~:> 0;\~ /-;,' (0. ." ~~;;'- ~\?~ ~--' .--\ ....<C ~ ~~ ~ "" N 0" f:.? .- (.)1 -.---------------.--...........----- II T- JODY HENRY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.: 04-2240 Civil Term I . DAVID S. HENRY, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFTDA VTT OF SF,RVTC'F, TO THE PROTHONOTARY: I, Joseph D. Caraciolo, Esquire, verifY that the Complaint in Divorce has been served upon the Defendant indicated above by first class, restricted delivery, certified mail # 7000-1670-0005-2769-4323, postage prepaid, return receipt requested, pursuant to the requirements ofPa. R.C.P. 1930.4. ';; SENDER' " "in 0' ,mplete items 1 and/or 2 far additional S€NIC9$. Q) Complete items 3, 4a, and 4b l:! 0 Print yC\lf flame and address on the reverse of this form so that we can relurn this ~ cardtc\"ou ~ Cl Attach this torm 10 lhe fronl of the mailpiece, or on the back jf space does not Ql permi1 :5 (] Writo . "?eturn Receipl Requested" on the mailpiece below the article number. c 0 "The Pct:.Jrn Receipt will show to whom the article was delivered and the dale o delivere.d. "C 3. Article Addressed to: I /lewd,) ~ w ~t6 WNf lJ~.j;I.. c <.~l )'70,),5" q'VI~Nat! }.\f:Y1{'~ na~e;~~>~J' PS Form 3811, December 1994 I also wish to receive the follow- ing services (for an extra fee): 1. 0 Addressee's Address 2. " Restricted Delivery }IIC.rt~led o Insured DeOD ~ g, ... ~ m s:; .... ) ,'. II 102595-99.8-0223 Domestic Return Receipt Date: (,)'-11 ;).C/i/{ f ( Respec;fully. 'Submi~d, ,/ C,.'.:A-/./ L- ',// ., - .,/; V '-7 / Joseph D. Caraciolo, Esquire 'taw Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717) 763-1800 (") c: <- ~f) tiC, ./ ~:\~ ~:..,., c;" ' ,.,~ S~~: =ii ,.., = = eJ' > -U ::0 N CI' -0 :x r:i' o -n ~ t"li:O "CIr:;:; 8x :~~, '::?'6 ',':~rn ;:::; .!:'>- ::~ .r:' --------~-' II !- JODY HENRY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.: 04-2240 Civil Term DAVID S. HENRY, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAliTTPR TO TRANSMIT RFf'ORn To the Prothonotary: Transmit the record, together with the following information, to the Court for entry I of a divorce decree: ! 1. Ground for Divorce: Irretrievable breakdown under S 3301(c) S 3301(J)(l) of the Divorce Code. (Strike out inapplicable section) 2. Date and Manner of service of the Complaint: Service by certified mail #7000-1670-0005-2769-4323, delivered on May 28,2004. See attached Affidavit of Service. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by S 3301 (c) of the Divorce Code: by the Plaintiff April)~ )OO~ by the Defendant A pril)~ )OO~ . (b) Date of execution of the affidavit required by S 3301(d) of the Divorce Code: Date of filing of 1he Plain1iff's affidavi1 upon the respondent: Date of service of the Plaintiff's affidavit upon the respondent: _' 4. Rela1ed claims pending: Pl,,"<e incorpomte, withollt m"q~in8 the "tt"ch"rl Sp.p::lT::ltlon :lnn Propp-My s'pttlt"mf'nt Aerf':f':mf"nt ofthf': p::lrties into thf': D;VOTrp T)pr.rpp 5. (Complete either paragraph (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 Plaintiff's Waiver of Notice in S 3301(c) Divorce was tiled with the prothonotary: fil"rl <imlllt"n"omly wlPm"dp" Date Defendant's Waiver of Notice in S 3301(c) Divorce was filed with the prothonotary: filerl <imlllt"n"oll<ly wlPr"ecipe //l \. Date: (~/J' (or h D. Caraciolo, Esquire L Offices of Patrick F. Lauer, Jr., LLC 2 08 Market Street, Aztec Building Camp Hill, Pennsylvania 170 I ] -4706 ID# 909]9 Tel. (717) 763-]800 (") r-> ~ = c:. =' <J' .< .-4 "'fJt:~;1 ""- ;:C::!J fTHI' -0 -':"" '"~:; :;0 fl1 r:: :';.:,2- 1" -Oil' U' 0" :09 -~ SC) 5{:, -,,.....-,. v /-s~j :;.. :;:.(> ~;8. ,_,--,-,;rrl r::: ~':::t <-. "',C" ::2. ~~..\J 0' ...< ,. ,.,'Ii;!;;t; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,. ,. ,. . ,. ,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;+;'f'f'+''f;f.;f.'!i'li . ~ :Ii;!;;!;;+; ... . .. ,+,,+,,+,'+''+''f'+''f;+;'f;f. 'Ii;!;;+; 'Ii'+' 'f'f'f'+''f:ti'f'f;+;;f.,+,,+,'+''+''+' 'f'f'+''f;t;'f '+''f'+';+;'+''+''f'+''f+'f;+;;t;,+,~ . . . . . . . . . . . . . . ,. . . . . . . . . . . . . . . . . . ,. . . . . . . . . . . ,. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. JODY HENRY, Plaintiff No. 04-2240 CIVIL TERM VERSUS DAVID S. HENRY, Defendant DECREE IN DIVORCE . . . . . . . . . . . . . ,. . ,. . . . . . . . . AND NOW'~ JODY HENRY ,.- 7 ~_, IT IS ORDERED AND DECREED THAT , PLAINTIFF, DAVID S. HENRY , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORI~ 'f' THIS ACTION FOR YET BEEN ENTERED; \l\JO II\.(? WHICH A FINAL ORDER HAS NOT The attached Separation and Property Settlement A~~~e~t -/- /::/'::.... 21, 2005, is incorporat'ed, witho~rger, /' . . . . . . . ,. . . . . dated February , By TH . . . . . ATTEST: , " /' . . . . . . PROTHONOTARY 'Ii'+' ;Ii'+: '+' 'Ii;!; ;f.'+''+''f 'f ;+;;t; 'f'li'f'+' '+' 'liT'!';+; 'Ii'f'+' '+''+''+''+''Ii +,., 'f 'f J. 'I * ;Z~f ~Jt~ >r/,<;- '7 17~ f;' ~ ~YJt/ ~r{J _:50~C; > f .