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HomeMy WebLinkAbout04-3849 v. : IN THE COURT OF COMMON PLEAS : CUMBERALND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DIVORCE JANET M. (GREGOR) HANDY Plaintiff RICHARD F. BANDY, JR. Defendant ; No. 64:-3fffq ~ NOTICE TO DEFEND AND CLAIM RIGHTS If you wish to defend against the claims set forth in the folIowing pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and the Court may enter a decree of divorce or annulment against you. A judgment may also be entered against you for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. When the grounds for divorce include indignities or irretrievable breakdown of marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYERS FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOOSE THE RIGHT TO ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, P A 17013 (717) 249-3166 v. : IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM JANET M. (GREGOR) HANDY Plaintiff RICHARD F. HANDY, JR. Defendant : IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the Court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to cljoose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. JANET M. (GREGOR) HANDY Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERALND COUNTY, PENNSYLVANIA \'. : CIVIL ACTION - LAW : DIVORCE RICHARD F. HANDY, JR. Defendant . ; No. 0 'i _ jy;4Q COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. The Plaintiff is Janet M. (Gregor) Handy, an adult individual currently residing at I 191 Indian Peg Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Richard F. Handy, Jr., an adult individual currently residing at 204 South 4th Street, Lemoyne, Cumberland County Pennsylvania 17043. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period in excess of six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on February 26, 1983 in State College, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. Plaintiff and Defendant separated on or about June 5, 2004. 7. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c) - the marriage of the parties is irretrievably broken. B. Section 3301(d) - the marriage of the parties is irretrievably broken. The parties separated on or about June 5, 2004. 8. There are two children born of this marriage: Valerie Rachel Handy, born February 19, 1992 and Kimberly Nicole Handy, born March 27,1988. 9. This action is not collusive. 10. Plaintiff is not a member of the Armed Services of the United States or any of its Allies. 11. Plaintiff has been advised of the availability of marriage counseling and that Plaintiff may have the right to request that this Honorable Court require the parties to participate in counseling. 12. Plaintiff does not request that the Court require that she and her spouse participate in marriage counseling prior to a divorce decree entered by this Honorable Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a final decree in divorce. Respectfully submitted, Valerie J. Faden, Esquire I.D. # 87442 2807 Market St. Camp Hill, PA 17011 (7 I 7) 920-9460 Attorney for Plaintiff VERIFICA nON I, Ja net M. Gregor Handy, do verifY that the facts contained in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements are made subject to the penalties of I 8 Pa.C.S. il4904 relating to unsworn falsification to authorities. Date: 5!/ /ct<! "' ~ Ih .. ~ . . i 0:u!/~ ..' 0-00/) / '?cL /j{~~ M. G gor H~ r / ~\~ '0 ~ ~ J"\ J-' ...s-. ~ c::- -. ...(", o ?--0 r--_"l c.::> ,'-:? ~ d ~, ec./" .~J> ,-,,", ( <../:' .,.., (. '~ ).. C) .-;. L ;, "n ...1 (:~j JANET M. (GREGOR) HANDY Plaintiff : IN THE COURT OF COMMON PLEAS : CVMBERALND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 04 - 38 L~ ~ CIVIL TERM : IN DIVORCE RICHARD F. HANDY, JR. Defendant ACCEPTANCE OF SERVICE I accept service of the Notice to Defend and Claim Rights, Notice of A vailability of Counseling, and Complaint in Divorce in the above-captioned matter. Date: if V /0 I :;:,7, ~ "'" ~..::.> C;;;-;l ,..t;.- c:: -h ~~:r:\ ,-- -urn ::qO g~J, j.:-~ :.0 .< ;:.''''' c:::: G-) o :;~"" ~"" N .... , PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT. made this /3 day of _-#p,/ / , 2005, is by and between: RICHARD F. HANDY, JR., of 347 Herman Avenue in Lemoyne, Cumberland County, Pennsylvania, hereinafter referred to as "Richard"; and JANET M. GREGOR HANDY, of 1191 Indian Peg Road in Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Janet." WITNESSETH: WHEREAS, the parties hereto are Richard and Janet, having been married 0 26 February 1983 in State College, Pennsylvania and are the natural parents of two mi or children: Kimberly Nicole Handy, born 27 March 1988 and Valerie Rachael Handy, rn 19 February 1992 (hereinafter referred to as "children"); and WHEREAS, certain difficulties have arisen between the parties herelo which ave made them desirous of living separate and apart from one another and Janet has ini iated an action in divorce filed to No. 04-3849 before the Court of Common Pleas of Cumberl nd County, Pennsylvania; WHEREAS, the parties hereto, Janet being represented by Valerie J. Faden, squire, and Richard by Samuel L. Andes, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and h ve disclosed to each other and to their respective attorneys full information as to the fin ncial status of both parties hereto; and WHEREAS, lhe parties hereto have mulually enlered into an agreement for t division of their assets, the provision for their children and for their rights and responsibilities and toward such children, the provision for the liabilities they owe, and provision for lhe r of their mutual differences, after both parties have had full and ample opportunily to with their respective attorneys, and the parties now wish to have that agreement red writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals the mutually made and to be kept promises set forth hereinafter, and for other good and aluable Page 1 of 12 considerations, and intending to be legally bound and to legally bind their heirs, suc essors, assigns, and personal representatives, do hereby covenant, promise, and agree as ollows: 1. CUSTODY OF CHilDREN. The parties shall share legal cuslody of their wo minor children and shall cooperate fully with each other to exchange information and mak mutual decisions for and on behalf of the children in all significant parts of the children's live . Primary physical custody of the children shall be with Janel subject to such periods f temporary or partial custody in Richard as the parties may mutually agree or, in the bsence of their agreement. as a court may order and direct. Each of the parties shall cooperat with each other to foster a good relationship between the other party and the children an to accommodate as much time with both parents as is conveniently possible. Each pa nt agrees not to attempt to alienate the affections of Valerie and Kimberly from the othe and will make a special conscious effort not to do so. Both parents shall establish a no-confli t zone for Valerie and Kimberly and refrain from making derogatory comments about the ot er parent in the presence of Valerie and Kimberly and, to the extent possible, shall prohibit thir parties from making such comments in the presence of Valerie and Kimberly whether Valeri and Kimberly is sleeping or awake. Each parent shall speak respectfully of the other whe her it is believed the olher reciprocates or not Each parenlal figure shall refer to the other b the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent agre s to refrain from encouraging Valerie and Kimberly to provide reports about the other par t Communication should always take place directly between parents, without using Val rie and Kimberly as intermediaries. 2. CHILD SUPPORT. The parties acknowledge that they have exchanged inf rmation about lheir relative incomes and their financial needs and, on the basis of that inform lon, have calculated an amount of child support which they believe to be fair and reasona Ie under the circumslances and in accordance with the support guidelines now in effect within e Commonweallh of Pennsylvania. The parties agree that Richard shall pay to Janet th sum of $1,200.00 per month for the support of the two minor children, which support shall be aid at the rate of $553.85 every two weeks, within fifteen (15) days after Richard receives hi bi- weekly pay. In addition, Richard shall provide, for the benefit of the children, such hea h insurance as is available lhrough his employer. The parties acknowledge that the cur nt Page 2 of 12 health insurance plan provided by his employer pays in full the first $700.00 of med cal expenses for the persons covered under Richard's coverage (called the "Tier I" exp nses), pays nothing of the second $700.00 of medical expenses for the persons covered der his plan (the "Tier \I" expenses) and pays 80% of expenses beyond that. The parties a ree that they will share equally the portion of Tier \I expenses which are directly attributable 0 the medical care of the children and that Richard will pay all unreimbursed medical exp nses for the children beyond that. The parties further agree that Richard's obligation to pa child support for each of the children shall continue until 30 June of the year in which the hild graduates from high school and that, when the older of the children completes high chool and Richard is no longer obligated to pay support for her, the parties will attempt to nego iate an appropriate amount of support for the remaining child, in accordance with the law an the support guidelines in effect at that time. The parties further agree that, the terms an provisions of this Agreement for the support of the children may be modified by a co rt of proper jurisdiction at any time upon the request of either party and that future suppo obligations will be determined by the law of Pennsylvania and the Pennsylvania Sup Court Support Guidelines or the agreement of the parties. 3. COLLEGE EXPENSES. Richard and Janet mutually represent that their c ildren may desire formal education beyond high school and they do hereby agree to contri te equally to the direct cost, including tuition, room and board, and other direct living ex enses, of the child incurred in legitimate formal educalion following high school, including col ege, or trade school, up to a total of four (4) years. Their contribution shall be made, howev ,after application of the financial assets, income, and other financial resources of the child, ncluding financial aid but excluding student loans taken out in the child's name alone. Further, the requirement of each party to make such contribution to the child's college expenses i expressly conditioned upon the child maintaining full time enrollment in a program lea ing to a four (4) year undergraduate degree and the child maintaining a cumulative grade poi average of 2.5 on a 4.0 grade system. Either parent's obligation will terminate upon t e child causing an estrangemenl between the child and that parent. 4. RICHARD'S STOCK OPTIONS. The parties acknowledge that, as a result f his employment by Rite Aid Corporation, Richard has been awarded certain options to pu chase Page 3 of 12 . stock in Rite Aid Corporation at various times in the future. The parties further ackn wledge that most of the stock options have not yet vested and that most of them are for a st ike price which is higher than the current trading price of the stock. In recognition of all of th ,and in consideration of Richard waiving any claim to her annuity with Thrivent, Janet does ereby waive, release, and relinquish any claim to or interest in Richard's stock options, incl ding any income which may be generated by those stock options if and when they are exerci ed, and confirm all of those stock options and the proceeds thereof to be the sole and separ te property of Richard, free of any further claim by her now or at any time in the future. 5. JANET'S THRIVENT ANNUlfY. The parties acknowledge that Janet own an annuity with Thrivenl Investments and that the present value of that annuity is appro imately $10,000.00. In consideration of Janel waiving any claim to or interest in his stock op ions, Richard does hereby release, and relinquish any claim to or interest in Janet's annuit , specifically including any income she may receive from in lhe future, and does hereb confirm the annuity and its proceeds to be the sole and separate property of Janet, free of an further claim by him now or at any time in the future. 6. MOTOR VEHICLES. The parties shall divide and distribute their motor ve icles as follows: A. Richard shall retain the 2004 Saturn ION automobile currently titled i his name alone. Richard shall pay and satisfy, in accordance with its terms, th debt owed to Rite Aid Employees Credit Union which encumbers the title to th vehicle and shall indemnify and save Janet harmless from any loss, costs, or expense caused to her arising out of that obligation or of Richard's use or ownership of the vehicle at any time in the future. B. Richard shall transfer to Janet the title to the 1999 Saturn SLE automobile currently in her possession upon Janet refinancing the debt owed t Waypoint Bank which encumbers the vehicle. Janet shall be responsible to pa that debt until she has refinanced it to obtain Richard's unconditional release from the obligation and shall further indemnify and save Richard harmless from any loss, cost, expense, caused to him, arising out of that obligation or of Janet use or ownership of the vehicle at any time in the future. Page 4 of 12 7. OTHER FINANCIAL ASSETS. Richard represents to Janet that he does at have an account within the Rite Aid 401 (k) Plan and both parties represent to the other t at neither of them have any other financial assets except as expressly provided for in this Agr ement. 8. ALIMONY. Richard shall pay alimony to Janet as follows: A. The amount of alimony shall be $866.67 per month, payable at the rate of $400.00 every two weeks, within fifteen (15) days after Richard's rece t of his bi-weekly pay. The amount of alimony shall not be subject to modificat n at any time in the future, by the parties or by any court or other tribunal. B. The term of alimony shall commence in the first month following th entry of a final decree in divorce and shall continue until the earlier of the following events: the death of Richard, the death of Janet, Janet's remarriage Janet's cohabitation with another man, or 31 March 2015. The term of the alimony shall not be subject to modification by the parties or by any court or tribunal. C. The payments made pursuant to this Paragraph shall be treated by both parties as alimony. Janet shall report the payments as income on her ta returns and Richard shall be entitled to deduct the payments for income tax purposes on his tax returns. The payment of alimony hereunder shall be made by Richard directly to Janet but m y be enforced by the Domestic Relations Office of Cumberland County in the event that Ri hard defaults on the alimony payments for a period of twenty (20) days or more. 9. LIFE INSURANCE. Richard shall maintain the insurance on his life previd by his employer, which currently provides a death benefit equal to twice his annual income, nd shall maintain Janet as the sole beneficiary of the policy so long as he is obligated to pay a imony under the terms of this Agreement. Richard shall maintain, at his expense, the group erm insurance on his life issued by the A.I.C.P.A. and shall designate the children as the s Ie beneficiaries of such policy as long as he is obligated to pay child support or college s pport to the children or for their benefit pursuant to this Agreement. Janet shall maintain, at h r sole expense, the policy of insurance on her life issued by the Thrivent Insurance Compan and shall maintain the parties' two children as the sole beneficiaries of the policy so long a Page 5 of l2 Richard is obligated to pay child support or college support under the terms of this greement. Neither party shall borrow against, assign, or take any other action to reduce the de th benefits payable under such policies and each party shall provide verification to the ther party, at least annually, that the policies of insurance are in full force and effect and therwise in accordance with the terms and provisions of this Agreement. 10. PERSONAL PROPERTY. The parties hereto mutually agree that they h ve effected a satisfactory division of the furniture, household furnishings, appliances, a d other household and personal property between them and they mutually agree that each arty shall, from and after the date hereof, be the sole and separate owner of all such tangible p rsonal property presently in his or her possession, whether said property was heretofore 0 ed jointly or individually by the parties hereto, and this agreement shall have the effect an assignment or receipt from each party to the other for such property as may be in th individual possessions of each of the parties hereto, the effective date of said bill of s Ie to be contemporaneous with the date of the execution of this Agreement. 11. WAIVER OF FURTHER EQUITABLE DISTRIBUTION. The parties ack owledge that each of them have had a full and ample opportunity to consult with counsel of th ir choice regarding their claims arising out of the marriage and divorce and that they have spe ifically reviewed their rights to the equitable distribution of marital property, including rights 0 discovery, the right to compel a filing of an Inventory and Appraisement, and the right 0 have the court review the assets and claims of the parties and decide them as part of the d orce action. Being aware of those rights, and being aware of the marital property owned b each of the parties, the parties hereto, in consideration of the other terms and provisions of thi agreement, do hereby waive, release and quitclaim any further right to have a court 0 any other tribunal equitably distribute or divide their marital property and do hereby further aive, release and quitclaim any and all claim against or interest in assets now currently in th possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital prope y of the parties and the equitable distribution of the same. 12. INCOME TAXES. Each of the parties shall be entitled to claim one of their children's tax exemptions for income tax purposes and each of the parties will execute and Page 6 of l2 deliver any documents necessary to assure the other parent of claiming the child's xemption. The parties have heretofore filed joint federal and state tax returns. Both parties ag ee that in the event any deficiency in federal, state or local income tax is proposed, of any as essment of any such tax is made against them, each will indemnify and hold harmless the ot er from and against any loss or liability for any such tax deficiency or assessment and any i terest, penalty and expense incurred in connection therewith. Such tax, interest, penalty 0 expense shall be paid solely and entirely by the individual who is finally determined to be the ause of the misrepresentations or failures to disclose the nature and extent of his or her sep rate income on the aforesaid joint returns. Richard shall be entitled to claim the exempti n of Kimberly and Janet shall be entitled to claim the exemption of Valerie. 13. DISABILITY INSURANCE. Richard represents that he is currently cover d by a group disability income insurance plan through his employer. He agrees that he sha I maintain that coverage in a comparable amount as long as it is available to him at a cost of $ 90.00 or less per year, and that the proceeds of that policy shall be available to pay his child upport and alimony obligations under this Agreement. 14. WAIVER OF FURTHER CLAIMS FOR SPOUSAL SUPPORT AllMON AND ALIMONY PENDENTE LITE. The parties acknowledge that they are aware of the in ome, education, income potential, and assets and holdings of the other or have had full an ample opportunity to become familiar with such items. Both parties acknowledge that they e able to support and maintain themselves comfortably, without contribution from the other b yond that as provided for in this Property Settlement Agreement, upon the income and ass ts owned by each of them. The parties hereby accept the mutual covenants and terms f this Agreement and the benefits and properties passed to them hereunder in lieu of any a d all further rights to support or alimony for themself, counsel fees, and alimony pendente I e at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever an and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond th se provided for herein, during the pendency of or as a result of any such actions, as provi ed by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at a y time in the future. Page 7 of l2 15. WAIVER OF ESTATE RIGHTS. Richard releases his inchoate intestat rights in the estate of Janet and Janet releases her inchoate intestate rights in the estate of ichard, and each of the parties hereto by these presents for himself or herself, his or her he rs, executors, administrators, or assigns, does remise, release, quit claim, and forever ischarge 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 of law in equi)y, of whatsoever kind or nature, for or because of any matter or thing done, omitted, 0 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 hereto from the obligations and promises made nd imposed by reason of this agreement and shall in no way affect any cause of action n absolute divorce which either party may have against the other. 16. WAIVER OF OTHER PROPERTY CLAIMS AND ESTATE CLAIMS. E ept as herein otherwise provided, each party hereto may dispose of his or her property in a y way, and each party hereby expressly waives and relinquishes any and all rights he or sh may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, the right to equitable division of marital property, alimony, alimony pendent lite, and counsel fees, except as provided for otherwise in this Agreement, dower, courtesy, st tutory allowance, widow's allowance, right to take in intestacy, right to take against the will the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments whic may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. 17. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually re esent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby rep esents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the rties' separation. Both parties hereto mutually agree and promise that neither will contract otherwise incur debts in the other's or joint names without the prior permission and co Page 8 of 12 the other party hereto. Both parties hereto represent and warrant to the other party hat they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement 18. DISCLOSURE. Both of the parties hereto represent to the other that th have made full disclosure of the assets and income sources owned, controlled, or enjoye by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed such information, as well as he law of Pennsylvania as it relates to their rights, obligations, and claims arising out of their arriage and of any divorce action which has or may be filed between the parties with an atto ney of their choice, or had the opportunity to review such matters with an attorney of their c oice and voluntarily decide not to do so. Further, the parties each acknowledge that they are ware that they have the right to compel the other party to provide full financial information bout all assets owned by either party and all liabilities owned by either party and have the rig t to have a court force such disclosure in a divorce action. Being aware of those rights, the pa ies expressly waive the right to further disclosure or discovery regarding marital assets, I bilities, incomes, and finances and agree that they are satisfied with their understanding of t ir legal rights and obligations. Being so aware and satisfied, the parties mutually accept the erms and provisions of this agreement in full satisfaction of any and all rights or obligations arising of their martial status or the divorce action now pending or to be filed between them. 19. CONCLUSION OF DIVORCE. The parties agree that they shall, contemporaneously with the execution of this Agreement, make, execute, acknowled e, and deliver unto said attorney, consents and waivers pursuant to Section 3301(c) of the Pennsylvania Divorce Code and any and all other documents reasonably necessary t conclude a divorce action. The parties agree that they shall take any and all action ne essary to conclude a divorce pursuant to Section 3301(c) promptly after the execution of this agreement. 20. MEDIATION. The parties agree that any dispute which may arise betwee them in the future regarding the interpretation, application, or enforcement of this Agreement of any of its terms and provisions shall be submitted by the parties to voluntary mediation bef re either party commences any action with any court or any tribunal. The parties further gree Page 9 of l2 that they shall each participate in at least one meeting or session of mediation purs ant to this Paragraph before commencing any action or litigation. 21. BREACH. In the event that any of the provisions of this agreement are reached or violated by either of the parties and after at least one good faith attempt to resolv the issue through mediation pursuant to Paragraph 20 of this Agreement has not resolved the ispute, the other party shall be entitled to enforce this Agreement by an appropriate action i law or in equity or to take any other action to which they are lawfully entitled to enforce this A reement or otherwise protect their rights. In the event that such action is commenced by one f the parties and the other party is found to have breached or violated any of the terms an provisions of this Agreement, the party having so violated or breached the agreemen . shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees i curred by the other party to enforce their rights hereunder. 22. R & J ENTERPRISES. The parties acknowledge that, during the marriag , they operated a business known as R & J Enterprises. The parties represent that the bus ess is not being operated and agree that Richard shall be solely responsible to pay any deb s or obligations arising out of his ownership or operation of the business and will indemnif and save Janet harmless from any claim made against her as a result of that business or is ownership or operation of it. 23. RELEASE. The parties acknowledge that the purpose of this agreement is to divide all of their marital property, resolve all of the economic claims between them, a d terminate and conclude any and all claims one party may have against the other. Th parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the clai s which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full satisfaction of any claims, of any nature, they may have, or may eve have had, against the other party and each of the parties does hereby waive, relinquish, rei ase, and surrender forever any claim they have against the other party, arising out of their arital relationship, or any other dealing between the parties prior to the date of this agreeme t, provided, however, that this release shall not exonerate either of the parties from the Page lO of l2 . , obligations they expressly make in this agreement, which shall survive the date of ts agreement until such obligations are fully performed. 24. CHOICE OF LAW. This Agreement shall be interpreted, applied and en orced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylva ia. 25. SEVERABILITY. If for any reason whatsoever any part of this Agreeme t shall be declared void or invalid, only such part shall be deemed void and in all other respect this Agreement shall remain valid and fully enforceable. 26. NON-WAIVER. The waiver of any term, condition, clause, or provision this Agreement shall in no way be deemed or considered a waiver of any other term, con itlon, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals t e day and year first above written. Qr~ ll\. "--{kUtLJl!) Itness ~{fJ;kQ Witness . Page II of l2 --. , COMMONWEALTH OF PENNSYLVANIA ) ( SS COUNTY OF CUMBERLAND ) On this, the 1~f1ay of A-mJ ,2005, before me, the undersigned offi er, personally appeared RICHARD ~.'IHANDY, JR. known to me (or satisfactorily prove) to be the person whose name is subscribed to the within instrument, and acknowledged t t said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~4'V1U~ltJcul~!J My Com~slon Expires: NOTARIAL SEAL AMYM. HARKINS, NOTARY ~ LEMOYNEBORO., ~ 2001 MY COMMISSION EXPIRES fEll. 4, COMMONWEALTH OF PENNSYLVANIA ) ( S8: COUNTY OF CUMBERLAND ) On this, the rPi day of Mtk) , 2005, before me, the undersigned offi er, personally appeared JANET M. GREGOR HANDY known to me (or satisfactorily prov n) to be the person whose name is subscribed to the within instrument, and acknowledged t at said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~-~ My Comm' si n N()P.qlt':~SEAC---] ,'_ h\rr'_.=;\j, \<ot'l0/ Pu~liC . .:;"<'::i~ki C<:Uf\~~i , c: j.':~J':_;! ~~_~2vQl Page l2 of l2 , C) c: ';'-..1 C:::J = CJl o -n ---< ffl~~ m " ;.::~J , l -,(-) '"-.J 1''' \,;,L; -~.,-------- JANET M. (GREGOR) HANDY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYL V NIA v. CIVIL ACTION - LAW DIVORCE RICHARD F. HANDY, JR. Defendant No. 04-3849 AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was file on August 5, 2004 and served on Defendant on August 8, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (9 ) days have elapsed from the date of 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. I verify that the statements made in this Affidavit are true and correct. [understand t at false statements herein are made subject to the penalties of 18 Pa. C.S. g4904 relating to uns om falsification to authorities. DATE: fiVeD r'? ,"-.") >..,~ '.2.;"'1. () -(\ 't""'':;' -;:- '~.r' ~ JANET M. (GREGOR) HANDY Plaintiff IN THE COURT OF COMMON PLEAS CVMBERALND COUNTY, PENNSYLV NIA v. CIVIL ACTION - LAW DIVORCE RICHARD F. HANDY, JR. Defendant No. 04-3849 WAIVER OF NOTICE OF INTENTION TO RE VEST ENTRY OF A DlVOR DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may loose 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 th 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 t at false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to uns om falsification to authorities. DATE: ~y 65- , --.,~) (-) .s::~~ ::1;\ '25"' .;~.> ...-,,'\ /~- -,-'J,,, ("'-' ~- ~,.....> ;; " ""'~' JANET M. (GREGOR) HANDY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLV NIA v. CIVIL ACTION - LAW DIVORCE RICHARD F. HANDY, JR. Defendant No. 04-3849 AFFIDAVIT OF CONSENT I. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 5, 2004 and served on Defendant on August 8, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (9 ) days have elapsed from the date of 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. I verify that the statements made in this Affidavit are true and correct. I understand t at false statements herein are made subject to the penalties of 18 Pa. e.s. 94904 relating to uns om falsification to authorities. DATE: '-/-;'1-D5 RICHARD F. HA f~,' Ci l~-:) c.:;:) ~Tl c..."' --I -:"'.,'" ~ :'-0 ..L ;-1'1 ~...." ,,~) i" .. ,:, ..c- eo JANET M. (GREGOR) HANDY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLV NIA v. CIVIL ACTION - LAW DIVORCE RICHARD F. HANDY, JR. Defendant No. 04-3849 WAIVER OF NOTICE OF INTENTION TO RE UEST ENTRY OF A DIVOR E 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 loose rights concerning alimony, division of propert 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 t e 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. 1 understand hat false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to un worn falsification to authorities. DATE: l( - /1- OS .J .r. v:> ~;; ,,-:;.:::; '-'"' t' -1:'1 ~>> -~ -"r;- :;::~} -r roil ." .v N JANET M. (GREGOR) HANDY Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERALND COUNTY, PENNSYLV NIA v. : CIVIL ACTION - LAW DIVORCE RICHARD F. HANDY, JR. Defendant No. 04-3849 PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: I. Grounds for divorce: irretrievable breakdown under Section 330 I (c) of the Divorce Code. 2. Date and manner of service of Complaint: Complaint Filed on August 4, 20 4; Acceptance of Service signed by Defendant on August 8, 2004 and filed on August 10, 20 3. Date of execution of the Affidavit of Consent required by Section 3301(c) 0 the Divorce Code: by Plaintiff: April 13, 2005; by Defendant: April 13, 2005. 4. Related claims pending: NONE. The terms of the Property Settlement Agre ment dated April 13, 2005 are incorporated but not merged into this Decree in Divorce. 5. Date Plaintiff's and Defendant's Waivers of Notice were filed with the Prothonotary: April 22, 2005. DATE: April 2-2. ,2005 Valerie J. lien, Esquire 1.D. # 87442 2807 Market St. Camp Hill, PA 17011 (717) 920-9460 Attorney for Plaintiff >:) ,-> 0 [=,~.; c.:> -n et"l .- , iT': I,) f'..,:' -I'"".' (]1 C:::> Of"':f :f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :f.:f.+ :f.:f~:f~:f~++' :f.++:f.:f+:f:f.++'+ +++ +~+:f.+.:f.+++++'+++++:f.++++++~+? . ~ Of ~ +. '" +;+: +. +. +.++;+::f.:f. +. +:f.+ +~ +' +' +;+:++ :f.Of++++OfOf+~++:f.++'I'+Of:f.+++++ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Janet M. (Gregor) Handy NO. 04-3849 Ci vil PlaIntiff VERSUS Richard F. Handy, Jr. Defendant DECREE IN DIVORCE Z7 , ~r, IT IS ORDERED AND AND NOW, ).....' I Janet M. (Greqor) Handy , PLAINTIFF, DECREED THAT AND Richard F. Handy, Jr. , 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 OROER HAS NOT YET BEEN ENTERED; none. The terms of the Property Settlement Agreement dated April 13, 2005 are incorporated but not merged into this Decree in Divorce. . . . . . . . . . . . . . . . . ++ +. + " - ~ . , , J_ , " '.. , , . < , , .--,. .... -. -" ~ '~ I,;. PROTHONOTARY +.:t.+ + ++++ + ++ ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. '~;Y j)-p;t /f-?'z,w ?~~;;~ .)~:./ T' Y '''7-''7)6iV:':? -7 ~r77f' ~~ ).~-[) >c. c:- 5" . -