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HomeMy WebLinkAbout01-0558SHANNON M. GAUVRY Plaintiff STEVEN A. GAUVRY Defendant LN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 00I CIVIL ACTION - 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 also be entered aga'mst you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office Of Prothonotary Dauphin County Courthouse, Harrisburg, PA. 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. Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, Pa 17013 240-6200 SHANNON M. GAUVRY Plaintiff STEVEN A. GAUVRY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 2001 CIVIL ACTION - DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE TO THE HONORABLE, JUDGES OF SAID COURT: AND NOW, comes Plaintiff, Shannon M. Gauvry, by Bryan S. Walk Esq., and represents as follows: DIVORCE UNDER SECTION 3301(c) OF THE. DIVORCE CODE 1. Plaintiffis Shannon M. Gauvry, who currently resides at 1904 Dickinson Ave., Apt 10B, Camp Hill, Pennsylvania 17111, and has resided there for approximately 1 month. 2. Defendant is Steven A. Gauvry, who currently resides at 2014 Harvard Ave., Camp Hill, Pennsylvania 17111, and has resided there for approximately 5 years. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 18, 1993, in Cumberland County. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiffavers that there is 1 child under the age of 18. 7. The Plaintiffis a citizen of the United States of America. 8. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 9. The marriage is irretrievably broken. 10. The Plaintiffhas been advised that counseling is available and that Plaintiffmay have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiffrequests the Court to enter a Decree in Divorce pursuant to Section 3301 (c) of the Divorce Code dissolving the marriage between the Plaintiff and the Defendant. I.D.# 63881 108 - 112 Walnut Street Harrisburg, PA 17101 (717) 238-5113 ATTORNEY FOR PLAINTIFF VERIFICA~TION I verify that the statements made herein are tree and correct, I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: SHANNON M. GAUVRY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA : v. : No. 2001 : STEVEN A. GAUVRY : Defendant : CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I hereby certify that on the ~,5; Day of January, 2001, A copy of the Divorce Complaint was served by certified mail, restricted delivery,return receipt requested, addressee copy of Plaintiff's Complaint In Divorce upon the person named below, in accordance with the applicable Rules of Procedure, addressed as follows: Steven Gauvry 2014 Harvard Ave. Camp Hill, Pa 17111 Attorney ID No. 63881 108-112 Walnut Street Harrisburg, PA 17101 (717) 238-5113 Counsel for Plaintiff SHANNON M. GAUVRY : Plaintiff : v. : No. 558-S-2001 : STEVEN A. GAUVRY : Defendant : CIVIL ACTION ~ DIVORCE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA ACCEPTANCE OF SERVICE · Complete items 1, 2, and 3, Also complete A. Received by (please Pdnt Clea#y) item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, Agent or on the front if space permits, dressee D~ress differen~m iterJ~l ?] I-1 Yes [~ Return ReCeipt for Merchandise C1 C.O.D. 3. Service Type ~.~]"(~'ertified Mail r-I Registered FI Insured Mail 4. Restricted Delivery7 (Extra Fee) 2. Article Numbe_[ (Copy from service label) PS Form 3811, July 1999 Domestic Return Receipt 102595-99~M-1739 SHANNON M. GAUVRY : Plaintiff : : v. : No. 2001-558 : STEVEN A. GAUVRY : Defendant : CIVIL ACTION - DIVORCE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(C) of the Divorce Code was filed on January 26, 2001, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Shannon Gauvry SHANNON M. GAUVRY : Plaintiff : : v. : No. 2001-558 : STEVEN A. GAUVRY : Defendant : CIVIL ACTION - DIVORCE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(C)ofthe Divorce Code was filed on January 26, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct. [ understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Steven Gauvry SHANNON M. GAUVRY : Plaintiff : : v. : No. 2001-558 STEVEN A. GAUVRY : Defendant : CIVIL ACTION - DIVORCE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c)OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 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. Section 4904 relating to unswom falsification to authorities. Date: Shannon Gauvry ~ SHANNON M. GAUVRY : Plaintiff : : v. : No. 2001-558 : STEVEN A. GAUVRY : Defendant : CIVIL ACTION - DIVORCE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c)OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, Date: Steven Gauvry SHANNON M. GAUVRY Plaintiff STEVENA. GAUVRY Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 2001-558 CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry ora divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301 c of the Divorce Code. 2. Date and mariner of service of the Complaint: Acceptance of Service by first class mail, certified return receipt requested, delivery and acceptance dated February l 0, 2001. 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 on May 16, 2001; and signed by Defendant on May 14, 2001. (b) (1) Date of execution of the PLAINTIFF'S Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the PLAINTIFF'S Affidavit upon the DEFENDANT: 4. Related claims pending: All claims settled by agreement. 5. Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (check one) (a) Decree to be entered under 3301(d) (I) of the Divorce Code; (b) Decree to be entered under 3301 © of the Divorce Code; X (c) Not Applicable. (See Waiver filed by Defendant on May 14, 2001 and filed by Plaintiff on May 16, 2001.) //~Bryan S. Walk Attorney ID No. 63881 Counsel for Plaintiff EXHIBIT A POST-NUPTIAL AGREEMENT THIS AGREEMENT made and entered into this/0/Tdday of 3/~0t//~0~; , 2001 by and between: SHANNON M. GAUVRY, of 1904 Dickinson Avenue, Building 10, Apartment B, Camp Hill, Cumberland County, Pennsylvania, party of the first part, hereinafter called "Wife", AND STEVEN A. GAUVRY, of 2014 Harvard Avenue, Camp Hill, Cumberland County, Pem~sylvania, party of the second part, hereinafter called "Husband"; WITNESSETH: WHEREAS, Husband and Wife were married to each other on December 18, 1993 in Cumberland County, Pexmsylvania and last resided together at 2014 Harvard Avenue, Camp Hill, Pennsylvania; and WHEREAS, the parties are the natural parents of one minor child named Caitlin Shea Gauvry, born February 15, 1996; and WHEREAS, during their marriage the parties accumulated various assets and property which is more fully itemized and identified in a certain list or schedule attached hereto marked "Exhibit A" and incorporated herein by reference thereto; and WHEREAS, certain differences have arisen between the parties, as a consequence of which they have separated and now live separate and apart from each other; and WHEREAS, the parties intend to commence an action in divorce in the Court of Common Pleas of Cumberland County, Pennsylvania (hereinafter called "Divorce Action"); and WHEREAS, Husband is represented by Philip H. Spare, Esquire of the firm of Snelbaker, Brenneman & Spare, P. C. and Wife has upon her own accord freely and voluntarily elected not to retain legal counsel although she has been informed of her right to do so and of the advisability of doing so; and WHEREAS, the parties having a full opportunity to be advised of their respective rights, duties and obligations arising out of the marriage and each having a full opportunity to investigate and evaluate the assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs. NOW THEREFORE, in consideration of these presents and the mutuaI covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: 1. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. 2. DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION. The parties agree that the items of property set forth in "Exhibit A" are all of the assets which they acquired during their marriage and which would be the subject of equitable distribution if submitted to a court for division under the provisions of the Pennsylvania Divorce Code. The parties declare and agree that they are familiar with said assets and hereby waive the evaluation thereof, although each party declares that she/he has had full opporttmity obtain such evaluation. 3. DIVISION OF ASSETS. Upon the execution of this Agreement and except as otherwise provided, the parties agree to divide, allocate, retain and/or transfer the assets shown on "Exhibit A" as follows (the items numbers refer to the corresponding numbers on "Exhibit A. ASSETS TO WIFE 3. Wife's pension and/or retirement benefits from her current employer, the County of Dauphin, and former employers; 4. 2000 Chrysler Cirrus automobile; 7. Household goods, furniture and other tangible personal property currently in Wife's possession; B. ASSETS TO HUSBAND 1. Marital residence located at 2014 Harvard Avenue, Camp Hill, Cumberland County, Pennsylvania; The Parties' .joint savings account at Pennsylvania State Employees Credit Union (PSECU) Account No. 208-42~4365 and joint checking account No. 208-42-4365 at PSECU; 5. Husband's pension and/or retirement benefits from his current employer, Big Spring School District, and former employers; 6. 1999 Subaru Legacy Outback automobile; 7. 3000 shares of Broadband Wireless stock valued at nine cents ($0.09) per share as of December 21, 2000; 9. Household goods, furniture and other tangible personal property currently in Husband's possession. 4. MARITAL HOME. Husband shall use good faith efforts to refinance the marital home located at 2014 Harvard Avenue, Camp Hill, Cumberland County, Pennsylvania within three (3) years of the date of this Agreement. In the event Husband has not refinanced the property and removed Wife's name from the note and mortgage within three (3) years of the date of this agreement, the home shall be promptly listed for sale with a reputable real estate broker or agent at or below its fair market value. Upon sale of the home, Husband may retain the net proceeds after payment of: a) reasonable, customary and necessary closing costs (including, but not limited to, radon mmcdiation, if any; and b) the note and mortgage obligation, any home equity loan or other liens against the property. Any return of escrow amounts from the mortgage lender or refund from the homeowners' insurance policy shall become the sole property of Husband. Husband shall be solely responsible for payment of the mortgage, utilities, miscellaneous household expenses, repairs, taxes and any and ail other costs and expenses relating to the home whether incurred prior to or after execution of this Agreement and shall indemnify and hold Wife harmless for such payments, costs and expenses. 5. CUSTODY AND CHILD SUPPORT. The parties shall enjoy shared legal custody and shared physical custody of the parties' minor child, Caitlin Shea Gauvry, as follows. A. Wife shall have primary physical custody subject to the following partial physical custody rights of Husband: 1. During the school year, alternating weekends from 5:00 p.m. Friday until 7:00 p.m. Sunday; 2. Two (2) evenings per week from 5:00 p.m. until 8:30 p.m.; 3. 9:00 a.m., December 26 through 5:00 p.m. January 1; B. During the summer when school is not in session, Husband shall have primary physical custody and Wife shall have an alternating weekend schedule and two (2) evenings per week as set forth above. C. Holidays: 1, In odd years, Easter (Saturday at 5:00 p.m until Sunday at 7:00 p.m.)and Christmas Eve (5:00 p.m.until 9:00 a.m. Christmas Day) with Husband; Thanksgiving (5:00 p.m. Wednesday until 9:00 a.m. Friday) and Christmas Day (9:00 a.m. until 9:00 a.m. December 26) with Wife; 2. In even years, Easter and Christmas Eve with Wife; Thanksgiving and Christmas Day with Husband. Husband agrees to pay child support in the amount of $ 740 per month ($440 for child care which may be paid directly to provider and $300 to Wife) for the minor child based upon the current custody arrangement. Husband shall also pay for Wife's car insurance until the 2000 Chrysler Cirrus is paid for or until she no longer uses the car. Husband shall continue to provide --5-- health insurance for the child so long as it remains available at no cost to him through his current employer. Husband shall be entitled to claim the child as a dependent for purposes of income taxation. The parties shall cooperate in the completion and execution of any and all forms or documents as may be required to accomplish the foregoing objectives. In the event of changed circumstances, the parties will attempt to negotiate an agreement. In the event an agreement cannot be reached, either party may file for a modification with an appropriate court or domestic relations office. 6. MARITAL DEBT. The parties agree that the only marital debts are the mortgage obligation, the home equity loan, a car loan from Chrysler Credit in both names for the 2000 Chrysler Cirrus driven by wife and substantial credit card debt, primarily in Wife's name. Wife intends to investigate the possibility of filing for personal bankruptcy to address the credit card debt in her name. Husband shall be responsible for the mortgage and home equity loan payments as set forth elsewhere in this Agreement. Husband shall be solely responsible for all credit card debt in his name alone. Wife shall be solely responsible for all payments due to Chrysler Credit. 7. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and that a no-fault divome shall be granted by mutual consent of the parties. 8. LIFE iNSURANCE. The parties have the following life insurance policies: A. Insured: Catlin S. Gauvry; Owner: Shannon M. Gauvry. Northwestern Mutual Life Insurance Company Policy No. 15101714. B. Insured: Shannon M. Gauvry; Owner: Shannon M. Gauvry. Northwestern Mutual Life Insurance Company Policy No. 14510144. C. Insured: Steven A. Gauvry; Owner: Steven A. Gauvry. Minnesota Li£e Policy No. 27530-625201 Ownership of the insurance policies shall remain the same as indicated above. Each owner is responsible for premium payments and may change the beneficiary at will. 9. POST-SEPARATION OBLIGATIONS. The parties agree that any and all obligations incurred subsequent to December 26, 2000, the date of separation, shall be the sole and separate liability and responsibility of the party incurring the obligation. Each party agrees that he/she will not incur or attempt to incur any obligations for or on behalf of the other party and will indemnify and hold harmless the other party of and from any and all liability arising from such post-separation and/or future obligations. I 0. RELEASE OF RIGHTS UNDER DIVORCE CODE. Except only as specifically provided to the contrary hereinabove in this Agreement, each party hereby waives and forever releases the other party of and from any and all claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs and expenses, except that the performance of any obligations created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 11. INDIVIDUAL PROPERTY. Except only as may be provided specifically to the contrary hereinabove, each party shall retain all property, real, personal and otherwise, which is presently titled in his or her name and ownership, whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and each party hereby expressly releases the other of and from any and all right of equitable distribution in and to said individually owned property of such other party. 12. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this Agreement. This Agreement shall not be construed to affect or bar the right of either party to an action for the enforcement or performance of this Agreement which may be instituted pursuant to the remedies available under the Pennsylvania Divorce Code. -8- 13. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post- Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. 14. COOPERATION· The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post- Nuptial Agreement. 15. VOLUNTARY EXECUTION· Each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them. 16. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that theymay now have or hereafter have against the other for equitable distribution of their propertyoy any court of competent jurisdiction pursuant to the Pennsylvania Divorce Code or any amendrmts thereto. Each party voluntarily and intelligently waives and relinquishes any right to seekcourt ordered determination and distribution of marital property, but nothing herein containedall constitute a waiver by either party of any rights to seek the relief of any court for the purpo~fenforcing the provisions of this Agreement. 17, WAIVER. The waiver of any term, condition, clause or provisic this Agreement shall in no way be deemed or considered a waiver · :1 of any other term, condit ause or provision of this Agreement. 't ~ ed and en 18. APPLICABLE LAW. This Agreement shall be construed, i ~ forced according to the laws of the Commonwealth of Pennsylvania. 19. HEADINGS. The headings or titles of the numbered par; of this Agreement · :d to for the purposes have been used only for the purpose of convemence and shall not b~ of interpretation or construction of the text of this Agreement. 20. BREACH. It is expressly stipulated that if either pa'a the due performance of any of his or her material obligations under this Agreement, party shall have the right, at his or her election, to sue for damages for breach the e for specific performance or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party attorney in any action or proceeding to compel performance hereunder. 21. AFTER-ACOUIRED PROPERTY. Each of the parties shall hereafterown and enjoy independently of' any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 22. COUNSEL FEES, COSTS AND EXPENSES. Each party shall be resl~nsible for his or her own legal fees, costs and expenses, if any, incurred in connection with thir separation and/or the dissolution of their marriage. 23. INDEMNIFICATION. Each party represents and warrants to the othethat he or she has not incurred any debt, obligation, or other liability, other than described in tl~Agreemem, on which the other party is or may be liable. Each party covenants and agrees t! if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liat/'or any other debts, obligations, liability, act or omission of such party, such party will at pr her sole expense, defend the other against any such claim or demand, whether or no,Il-founded, and that he or she will indemnify and hold harmless the other party in respect r/ damages as resulting therefrom. Damages as used herein shall include any claim, ac~demand, loss, cost, expense, penalty, and other damage, including without limitation, coun~es and other costs and expenses reasonably incurred in investigating or attempting to av~me or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The ttusband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 24. MODIFICATION. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 25. SEVERABILITY. Ifany provision ofthis Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 1N WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first above written intending to legally bind themselves and their respective heirs, personal representatives and assigns. WITNESSED BY: Shannon M.~anvr~ -12- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this, the~¢~4i/day of ~7~,~cz z~ -- ~,, 2001, before me, a Notary Public in and for the Commonwealth and County aforesaid, the undersigned officer, personally appeared STEVEN A. GAUVRY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary COMMONWEALTH OF PENNSYLVANIA COUNTY On this, the ~dj day of ~xz/,~z~z4~-7-, 2001, before m~ a Notary Public in and for the Commonwealth ar~/County afo~resaid, the undersigned officer, personally appeared S~NNON M. GAUVRY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. U Notadal Seal Lucy Filiziani, NotarY Publio Swatara Twp., Dauphin County My Commission Expires Apr. i2, 2004 EXHIBIT A to GAUVRY POST-NUPTIAL AGREEMENT Marital residence located at 2014 Harvard Avenue, Camp Hill, Cumberland County, Pennsylvania; The Parties' joint savings account at Pennsylvania State Employees Credit Union (PSECU) Account No. 208-42-4365 and joint checking account No. 208-42-4365 at PSECU; Wife's pension and/or retirement benefits from her current employer, the County of Dauphin, and former employers; 2000 Chrysler Cirrus automobile; Husband's pension and/or retirement benefits from his current employer, Big Spring School District, and former employers; 1999 Subaru Legacy Outback automobile; Household goods, furniture and other tangible personal property currently in Wife's possession; 3000 shares of Broadband Wireless stock valued at nine cents ($0.09) per share as of December 21, 2000. Household goods, furniture and other tangible personal property ctwrently in Husband's possession. IN THE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF ~ PENNA. PLAINTIFF VErsus NO. 2001-558 STEVEN A. GAUVRY DEFENDANT PLEAS DECREE iN DIVORCE 2001 , IT IS ORDERED AND DECREED THAT S~ANNON , PLAINTIFF, AND STEVEN A. GAUVRY , DEFENDANT, ARE DIVORCED FROM THE BONDS Ot: MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RIS:COP%D~IN, THIS~% ~/¥' ACTION FOR WHICH A FINAL ORDER HAS NOT Y~'1~e%EstN ~uNp-~EuflE~ttle~men~greement of the Parties dated, January 16, 2001 and attached hereto as Exhibit A, is hereby incorporated by reference hereto shall have the same force and effect as if it had been originally entered as Order fo Court, proved however, that said Agreement shall not merge with this Order. but shall retain its contracted signifigance as well. / -- pRO~rHO~OTArY