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HomeMy WebLinkAbout04-2980 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN C. JANIS, Plaintiff SIMON C. JANIS, Defendant No. 2004- gad"T'Ot- 'q. CIVIL ACTION - LAW (In Divorce NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divome 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Street, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ;tooq Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 By: /SAID'~s y ~/~cl~ Supreme Cb'urt 1D # 87954 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN C. JAN1S, Plaintiff SIMON C. JANIS, Defendant No. 2004- ,,2,91~O CIVIL ACTION - LAW (in Divorce) COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE COUNT I - DIVORCE Plaintiff is Susan C. Janis, who currently resides at 1012 South Market Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Simon C. Janis, who, at the time of filing of this Divorce Complaint resides at 1012 Market Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on February 4, 1991 in Cumberland Connty, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. See PlaintifFs Affidavit attached hereto as Exhibit "A" and incorporated herein by reference. 7. The marriage is irretrievably broken. The foregoing facts are averred under Sections 330l(c) or 3301 (d) of the Divorce Code of 1980, as amended. WHEREFORE, Plaintiff requests Your Honorable Court enter a Decree in Divorce, thereby divorcing Plaintiff and Defendant from the bonds of matrimony. COUNT II - EOUITABLE DISTRIBUTION 8. The allegations in Paragraphs One through Seven, inclusive, are made a part hereof and incorporated herein by reference. 9. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. WHEREFORE, Plaintiff requests this Honorable Court determine the extent of the marital assets and liabilities and order an equitable distribution thereof. SAIDIS SHUFF, FL0~srER & LINDSAY 26 W. HiRh Street Carlisle, PA Respectfully submitted, By: /~iy ~Gi~. l~ay~ E squir~ ~/Su'preme Co~ ID # 87954 26 West High Street Carlisle, PA 17013 (7 l 7) 243-6222 Attorneys for Plaintiff AFFIDAVIT I, Susan C. Janis, being duly sworn according to law, depose and say: (1) 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 by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to tmsworn falsification to authorities. Dated: susan C. Janis,~mntiff SAIDIS S hqJFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA VER/F1CATION I verify that the statements made in this Complaint are tree and correct to the best of my knowledge, information and belief. I tmderstand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Dated: Susan C. Janis, l~intiff SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN C. JANIS, : Plaintiff : SIMON C. JANIS, : Defendant : No. 2004 - 2980 Civil Term CIVIL ACTION - LAW (In Divorce) ACCEPTANCE OF SERVICE I, Simon C. Janis, Defendant in the above-captioned matter, hereby accept service of the Complaint in Divorce, which was filed on June 25, 2004. Dated: By: 1012 M~ket Street '~ Mechanicsburg, Pennsylvania 17055 SAIDIS SHUFF, FLOWER & LINDSAY SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN C. JANIS, Plaintiff SIMON C. JANIS, Defendant No. 2004 - 2980 Civil Term CIVIL ACTION - LAW (In Divorce) PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT is made this / day of ~t2~, 2004, BY and BETWEEN Susan C. Janis of 1012 South Market Street, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as Wife, A N D Simon C. Janis of 235 North Locust Point Road, Apartment #4, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as Husband. RECITALS R. 1: The parties hereto are Husband and Wife, having been joined in marriage on February 4, 1991, in Cumberland County, Pennsylvania; and R.2: Differences have arisen between the parties, in consequence of which they have lived separate and apart since on or about July 5, 2004; and R.3: The parties have resolved that it is not possible to continue the marital relationship between them for reasons known to them, in consequence of which they are living separate and apart; and Page 1 of 1,4 SAIDI$ SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA R.4: It is the desire and intention of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either party, and to settle ail disputes existing between them, including any claims or rights that they may have; under the provisions of the Pennsylvania Divorce Code, as amended; and R.5: The parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates; and R.6: The parties desire to resolve all claims pending between them, including the settlement of all of their respective property rights and other rights growing out of their marriage relationship including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs; and R.7: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel ,of their selection; that Wife has been independently represented by Saidis, Shuff, Flower and Lindsay, and that Husband, cognizant of his right to obtain legal representation, declares that it is his express, voluntary and knowing intention not to avail himself of his right to counsel and chooses instead to represent himself with respect to the preparation and execution of this Agreement; and R.8: Both Husband and Wife each covenant that they have made full and complete disclosure to the other of his and her respective property holdings and income; and SC~J~ Page 2 of 14 SCJ~ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA R.9: Each party has had an opportunity to verify the financial disclosure of the other. Discovery, if any, has been conducted to the satisfaction of each party. Each party has had the opportunity to investigate further the: financial disclosure of the other, and has had access to any desired books and/or records to investigate further. Each party had an opportunity to do an independent valuation of the assets, liabilities and income of the other party. To the extent either party decided not to pursue further discovery and investigation, he or she did so voluntarily and specifically waives the right to challenge this Agreement based on the absence of full and fair disclosure. NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, and the parties, intending to be legally bound, hereby agree as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem ftt, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Neither party shall disparage or discredit the other in any way, nor in any way injure his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of the family of either party. Each party shall be free of the interference, authority or contact by the other as if he or she was single Page 3 of 14 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA and unmarried except as maybe necessary to carry out the terms of this Agreement or any Custody Stipulation and Agreement and/or Order of Court. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree. Simultaneous with the execution of this Agreement, the parties agree to execute their respective Affidavits of Consent and Waiver of Notice Forms necessmy to finalize said divome. Said documents will be dated for and filed on October 4, 2004, which date takes into account the requisite ninety (90) day timeframe from the date of service of the Complaint in Divorce If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate t~ds Agreement. (3) REAL PROPERTY: The parties acknowledge that they are joint owners of the premises more commonly identified as 1012 South Market Street, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as the "Marital Residence"). Said Marital Residence is currently encumbered by a first mortgage with Countrywide. The parties acknowledge that the balance of the first mortgage at or around the date of the parties' separation was approximately Ninety Thousand Three Hundred Seventy-Seven and 97/100 ($90,377.97) Dollars. The parties furth¢, acknowledge that the first mortgage with Countrywide is in both parties' names. The parties further acknowledge that they had used the collateral in the Marital Residence to secure two (2) equity lines of credit with balances of approximately Sixteen Thousand Three Hundred Eighteen and 49/100 ($16,318.49) Dollars (hereinafter referred to as "$16,000 Equity Line of Credit") and Eleven Thousand Five Hundred Fifty-Three SCJ ~ and 70/100 ($11,553.70) Dollars (hereinafter referred to as Page 4 of 14 SCJ~,- SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA "$11,000 Equity Line of Credit"). Contemporaneously with the execution of this Agreement, Husband agrees that as part of this property settlement, he will convey any and all of his right, title and interest in and to said property to the Wife, free of all encumbrances except the outstanding first mortgage and the $16,000 Equity Line of Credit, which Wife agrees to assume and pay in due course, and that Husband will execute and deliver a Special Warranty Deed to Wife conveying any interest Husband may have in and to said property to Wife. Additionally, Wife agrees to attempt to refinance the first mortgage and the $16,000 Equity Line of Credit into her own name at least once every calendar year. Until such time as Wife is able to refinance the first mortgage and the $16,000 Equity Line of Credit on the Marital Residence, Wife specifically agrees to hold Husband harmless with regard to all payments associated with the Marital Residence from the date of separation, forward, including, but not limited to the first mortgage payments, all payments associated with the $16,000 Equity Line of Credit, taxes, homeowner's insurance and repairs. Husband has refinanced the $11,000 Equity Line of Credit :into his own name. Husband specifically agrees to hold Wife harmless with regard to all payments associated with the $11,000 Equity Line of Credit. (4) DEBT: Each of the parties hereto covenants and agrees that he or she has not in the past and will not at any time in the future incur or contract any debt, charge or liability for which the other of them, their legal representatives, or their property or estate may become liable; and each of them further covenants at all times to keep the other free harmless and indemnified of and from all debts, charges and liabilities hereafter or heretofore contracted by them, except as hereinafter provided. SCJ 1~-' Page 5 of 14 scJ SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA B: C: scJ MARITAL DEBT: Other than those debts enumerated within this agreement, Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. Wife will continue to pay in due course the personal loan, in her name only, which had an approximate date of separation balance of Fourteen Thousand ($14,000.00) Dollars. Wife agrees to hold Husband harmless for any payments associated with this loan; and ii. Except as otherwise herein provided, each of the parties will pay all current bills and outstanding bills incurred on or before the date of separation of the parties, July 5, 2004, to the same extent that he or she has been paying then in the past and neither party shall incur any unusual bill which will bind the other party. H'asband hereby agrees to return to Wife any and all joint credit cards or charge plates that he may have in his possession. The parties further agree that any debts incurred on said joint credit cards or charge plates subsequent to the date of separation, shall be the sole and exclusive responsibility of the party who incurred said debts and the debt-incurring party shall save harmless the other party from any obligation or institutions of suit thereunder. POST SEPARATION DEBT: In the event that either party contracted or incurred any debt since the date of separation on July 5, 2004, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. FUTURE DEBT: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other partly. Page 6 of 14 scJ_Z SAIDIS SHUFF, FLOWER & LINDSAY W. High Streel Carlisle, PA (5) MOTOR VEHICLES: The parties acknowledge that they jointly hold title to two (2) vehicles. Husband relinquishes any right, title and interest he may have to the 1998 Oldsmobile Silhouette currently in possession of Wife. Within thirty (30) days of the date of this agreement Husband shall execute any and all documents necessary to have said vehicle properly registered in Wife's nan~e with the Pennsylvania Department of Transportation. Wife shall maintain insurance on and assume full responsibility for the encumbrance on the 1998 Oldsmobile Silhouette received by Wife as a result of this transfer, and shall hold harmless and indemnify Itusband from any loss thereon. The parties further acknowledge that they jointly hold title to a 1997 Geo Tracker, currently in possession of Husband. Wife relinquishes any fight, title and interest she may have to the 1997 Geo Tracker currently in possession of Husband. Within thirty (30) days of the date of this agreement Wife shall execute any and all documents necessary to have said vehicle properly registered in Husband's name with the Pennsylvania Department of Transportation. Husband shall maintain insurance on and assume full responsibility for the encumbrance on the 1997 Geo Tracker received by Husband as a result of this transfer, and shall hold harmless and indemnify Wife from any loss thereon. The parties acknowledge that Wife, individually, holds title to a 1988 Chevrolet Beretta. Husband hereby relinquishes any right, title or interest he may have in and to the 1988 Chevrolet Beretta. Wife shall maintain separate insurance on the 1988 Chevrolet Beretta. Wife specifically agrees to assume full responsibility for and pay in due course, any encumbrance on the 1988 Chevrolet Beretta and Wife shall hold Husband harmless and indemnify Husband from any loss thereon. SCJT~ Page 7 of 14 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (6) TANGIBLE PERSONALPROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereto hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits, including retirement accounts, savings plans, pension plans, stock plans, 401K plans, and the like. Husband acknowledges that the marital property of the parties includes any marital portion of Wife's 401K plan through her employment at Cumberland-Perry Association for Retarded Citizens (CPARC). The approximate value of Wife's retirement through CPARC, as of June 20, 2004, was Twenty-Four Thousand One Hundred Seven and 73/100 ($24,107.73) Dollars. See Account Statement dated April 1, 2004 through June 30, 2004, attached hereto as Exhibit "A" and incorporal:ed herein by reference. Husband further acknowledges that he has been informed of his right to obtain an independent appraisal of Wife's retirement account, and any marital interest therein, and, notwithstanding same, scJ Page 8 of 14 scJ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Husband hereby forever waives and relinquishes any right, title, interest or claim he might otherwise have in and to Wife's aforesaid retirement account through CPARC. (8) LIFE INSURANCE: The parties hereto acknowledge that each party hereto has a term life insurance policy. Husband agrees to make the Child, Sarah Anne Wenning Janis, irrevocable 100% beneficiary under his life insurance policy. Wife agrees to make each of her children, Sarah Anne Weiming Janis and Michael T. Woltman, irrevocable 50% beneficiaries under her life insurance policy. Each party will maintain the insurance policy by timely paying any premiums due to the life insurance company. On an annual basis, either party may request proof from the other party that life insurance policy is being maintained and that the Child or children remain as beneficiaries under the party's respective policy. (9) WAIVER of ALIMONY: The: parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs. Each party waives any claim he or she may have, one against the other, for alimony, spousal support or alimony pendente lite. (10) ATTORNEY'S FEES: Except as otherwise provided herein, each of the parties waives the right to receive a payment for counsel fees from the other, and each shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. (11) ADVICE of COUNSEL: The parties hereto acknowledge and declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by Lindsay Gingrich Maclay, Esquire, 9f S/3idis, Shuff, Flower & Lindsay, and that Husband, cognizant of his right to Page 9 of 14 SCJ~J~J SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street legal representation, declares that it is his express, voluntary and knowing intention not to avail himself of his fight to counsel and chooses instead to represent himself with respect to the preparation and execution of this agreement. Each party acknowledges and accepl:s that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. (12) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, within five (5) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (13) INCOME TAX: The parties hereto agree to file separate income tax returns for all ongoing years, specifically including 2004 and 2005. (14) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement, including alimony, shall be subject to court determination the same as if this Agreemf~/,~d SCJ/~ never been entered into. Page 10 of 14 scJ_2 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (15) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is :~ully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (16) WAIVER of APPRAISALS: The parties acknowledge that they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain formal valuations or appraisals of the real estate, the personal property, the vehicles, retirement accounts and businesses, some or all of which were acquired during the marriage and therefore constitute marital property. However, the parties have determined that they will not undertake the expense to have these item,,s appraised and/or valuated, and that the division of property as set forth in this agreement, represents a fair and equitable distribution. (17) RIGHTS and RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (18) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties~.o that each party accepts the provisions herein made in lieu of and in full Page 11 of 14 SCJ.~]~t SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of spousal support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (19) RELEASE of ALL CLAIMS: Except as otherwise provided herein, each party releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future spousal support, division of property, including income of gain from property hereafter accruing, right of dower or curtesy, the right to act as administrator or executor of the estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of their marriage relationship, or otherwise, whether the same are.. conferred by statutory or common law of the Commonwealth of Pennsylvania, or any other state, or of the statutory or common law of the United States of America. Except as provided herein, the parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees, except those counsel fees sought in the event of a breach of this Agreement, or any other marital rights as provided in the Permsylvania Divorce Code, Act 26 of 1980 or any amendment thereto. It is further specifically understood and agreed by and between the parties hereto, that each party accepts the provisions herein xnade in lieu of and in full settlement and satisfaction of any and all of said parties' rights; against the other for any past, present and scJ Page 12 of 14 scJ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA future claims on account of spousal support; maintenance; alimony; alimonypendente lite; counsel fees, costs and expenses, except those counsel fees, costs and/or expenses sought in the event of a breach of this Agreement; equitable distribution of marital property and any other claims of each party, including all claims raised by them in the Divorce action to be filed between the parties. (20) SEPARABILITY of PROVISIONS: If any term, condition, clause or provision of this agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this agreement shall continue in full force, effect and operation. (21) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. (22) INCORPORATION into DIVORCE DECREE: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. Upon entry of the Decree, the provisions of this Agreement shall be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself at law or in equity, or in any enforcement action filed to the Divorce Caption. Page 13 of 14 scJ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (23) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (24) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (25) AGREEMENT BINDING on PARTIES and HEIRS: It is understood and agreed that not only the parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. IN WITNESS WltEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: Susan C. Janis Simon C. Janis (~J - - Page 14 of 14 scJ Exhibit "A" INGJ I.G 151 Farmington Avenue Hartford, CT 06156-1268 'JUL 1 ) 2.004 April 1, 2004 to June 30, 2004 VDAO13650 7~83 1 SUSAN C JANIS 1012 S MARKET ST MECHAN I CSBURG , PA 17055-4723 Account Statement CUMBERLAND-PERRY ASSN FOR RTRDD CTZ RP Your Account At A Glance Balance on 04/01/2004 $23,$99,71 Any outstanding Contributions $539,02 loan balances will Withdrawals $0.00 not be included in gout ending Investment Earnings -$31.00 alance. Balance on 06/30/2004 $24,107.73 Your Current Account Allocation ~ 70% Growth and income ~ '19% Growth ~ 11% Aggressive Growth Percentages may not be exact due to rounding. information and Assistance Account Plan Number xxxxx349OQ922 PHQ922 Your return for the quarter: · 0.13% Data above as of most recent calendar quarter end. These estimated dollar-weighted rates ~f..retum are based on the ~n~t cash .,,~,,vs of your account and assume evenly distributed cash flows throug,hout the applicable period. Trailin~ 12-month return is based on available data. Returns may be distorted by non-0eriodic inflows and outflows and could differ from the investment 3erformance. Past performance is no r, uarantee of future results. VDA013650 00107631 00{304 SUSAN C IANIS Page I of 7 For a direct line to your investments. any time, day or night - check your balance, transfer funds, track fund performances and retrieve fund information, visit our WEBSITE address noted to the dght. April 1, 2004 to June 30, 2004 To access your account via the intemet, To use the automated voice response log on to: system, dial: 1-000-262-3862. www.ingretirementplans.com For retirement planning questions, contact your representative: MICHAEL BENEDICT 333 HILLCRES'P DR NEW CUMBERLND, PA 17070-000'1 7'17-979-8070 For questions about your accounts, call customer service at: 1-800-232-5422 Or write to: lNG 151 Farmington Avenue Hartford, CT 06156-.1268 SUSAN C JANIS Page 2 of 7 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN C. JANIS, Plaintiff No. 2004 - 2980 Civil Term SIMON C. JANIS, Defendant CIVIL ACTION - LAW (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 25, 2004. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. 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: ~f}~00( ~l~'DDq ~g~:/fio~~ "SUSAN C. JAN~, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN C. JANIS, Plaintiff No. 2004 - 2980 Civil Term CIVIL ACTION - LAW SIMON C. JANIS, Defendant (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 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. ! understand that I will not be divorced until a Divorce Decree is entered by the Court and I further understand 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 Waiver are true and correct to the best of my knowledge, information, and belief. ! understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: IS, ~ntiff SAIDIS SHLIFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN C. JANIS, Plaintiff No. 2004 - 2980 Civil Term SIMON C. JANIS, Defendant CIVIL ACTION - LAW (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 25, 2004. The marriage of Plaintiff m~d Defendant is irretrievably broken and ninety (90) days have elapsed fi-om the date of filing and service of the Complaint. I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry ora Divorce Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of I8 Pa. C.S., Section 4904 relating to unsworn falsification to authorities. Sworn to and subs~cribed before me this _~_ day of 0~F0 ~9~( ,2004. , Notary Public COMMONWEALTH OF PENNSYLVANIA Nolarial Seal Martin Rlpson, Notary Public Mechanicsbu~ Bom, Cumberland County My Commission Expires July 27, 2008 Member, Pennsylvania Association Of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN C. JANIS, Plaintiff No. 2004 - 2980 Civil Term CIVIL ACTION - LAW SIMON C. JANIS, Defendant (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 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. I understand that I will not be divorced until a Divorce Decree is entered by the Court and I further understand 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 Waiver are true and correct to the best of my knowledge, information, and belief. ! understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High $1£eet Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN C. JANIS, Plaintiff No. 2004 - 2980 Civil Term CIVIL ACTION - LAW SIMON C. JANIS, Defendant (In Divorce) PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the Record, together with the following information, to the Court for entry of a Decree in Divorce: Ground for Divome: irretrievable breakdown under Section 3301 (c) of the Divorce Code. Date and manner of service of the Complaint: Defendant accepted service by signing an Acceptance of Service on July 3, 2004. The Acceptance of Service is docketed at the above-captioned term and number, verifying same. As required by Section 3301(c) of the Divorce Code, both Plaintiff and Defendant executed and filed their respective Affidavits of Consent on October 4, 2004. 4. Related claims pending: None. Both Plaintiff's and Defendant's Waiver of Notice under Section 3301(c) of the Divorce Code were executed and filed on October 4, 2004. Respectfully Submitted, Date: O~j'l)[')~]r 14, ~.~}~t~ By: ~say G~'l~i~h M' l~y,~ Attorney I.D. No. 87954 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNtY STATE OF ~ PENNA. SUSAN C. JANIS, Plaintiff N oo 2004-2980 (Civil Term) VERSUS SIMON C. JANIS, Defendant AND NOW, DECREE IN DIVORCE 2004 , It iS ORDERED AND DECREED THAT AND Susan C. Janis Simon C. Janis ,PLAINTIFF, ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION Of THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED Of RECORD IN THIS ACTION FOR WHICH a FINAL ORDER HAS NOT YET BEEN ENTERED; None. The parties' September 1, Property Settlement and Separa~/gr~.em~nP d~f~d 2004, is herein incorporat~dT,/~/~t merged. '/ / ATTEST. · ~ J. SAIDIS SHUFF, FLOWER & LINDSAY A'ITORN~YS*~AT.LAW 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN C. JANIS, Plaintiff V. SIMON C. JANIS, Defendant No. 2004 - 2980 Civil Term CIVIL ACTION - LAW (In Divorce) NOTICE OF INTENTION TO RESUME PRIOR NAME NOTICE IS HEREBY GIVEN that Susan C. Janis, Plaintiff in the above-captioned matter, having been granted a Final Decree in Divorce on October 5, 2004, hereby intends to resume and hereafter use the previous name of Susan Carol Wenning, and gives this written notice avowing her intention in accordance with the provisions of the Act of April 2, 1980, P.L., 23 P.S. 702, effective July 1, 1980. Susan C. Janis,~tioner TO BE KNOWN ~'~usan C. V~e~m'i~ - y COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : ON this, the ~ day of ~_?~_~}-/~ .... ~_ ,2004, before me, a Notary Public, personally appeared Susan C. Janis, now to be lmown as Susan C. Wenning, known to me or satisfactory 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 have hereunto set rny hand and official seal. l ~RLtNE J. t~RU~,~, nOX~¥ ~'OaU¢ ~ Not~y ~ublic CARLISLE, CUMBERLAND COUNTY, PA ~ CO~iSS~O~EXPIRES JUNE 8, 2~