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HomeMy WebLinkAbout05-1035 ALLISON D. GARVEY, Plaintiff V. RONALD F. GARVEY, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. COMPLAINT IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may 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, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Respectfully submitted, FRIEDMAN NG, P.C. By: cR?ichard S. Friedman, Esquire 600 N. Second St., 5th Fir. P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 ALLISON D. GARVEY, Plaintiff V. RONALD F. GARVEY, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0S'- /n9f l:i,,L ? - COMPLAINT IN DIVORCE 1. Plaintiff is Allison D. Garvey, who currently resides at 511 2nd Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Ronald F. Garvey, Jr., who currently resides at 799 Royal St. George, Apt. 522, Naperville, Illinois 60563. 3. The Plaintiff has been 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 November 28, 1986, in Dallas, Texas. 5. Plaintiff avers that there is a child of the parties under the age of eighteen (18), namely: Ronald F. Garvey, IV (dob 10/13/90). 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The marriage is irretrievably broken. 9. Neither Plaintiff nor Defendant is in the military service of the United States. 10. The parties separated on August 19, 2004. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. COUNTI CUSTODY 11. Paragraphs 1 through 10 are incorporated herein by reference. 12. The parties are the parents of Ronald F. Garvey, IV (date of birth 10113/90). The child was not born out of wedlock. The child presently resides with the Plaintiff/mother at 511 2`d Street, New Cumberland, Pennsylvania 17070. During the past five (5) years, the child has resided with the following persons and at the following addresses: NAME RESIDENCE Allison D. Garvey and 799 Royal St. George, Apt. 522 Ronald F. Garvey, Jr. Naperville, IL 60563 Allison D. Garvey 511 2`a Street New Cumberland, PA 17070 DATE 1999 - 8/19/04 8/25/04 to Present The mother of the child is Allison D. Garvey, currently residing at 511 2"d Street, New Cumberland, PA 17070. She is married. The father of the child is Ronald F. Garvey, Jr., currently residing at 799 Royal St. George, Apt. 522, Naperville, IL 60563. He is married. 13. The relationship of the Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Ronald F. Garvey, IV Son 14. The relationship of the Defendant to the child is that of Father. The Defendant currently resides alone. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 15. The best interest and permanent welfare of the child will be served by granting the relief requested because the parties and their son would benefit from a court order setting forth their rights and responsibilities. 16. Each parent whose parental rights to the child have not been terminated, and the person who has physical custody of the child, have been named a party to this action. WHEREFORE, Plaintiff requests the Court to grant primary physical custody of the child to Plaintiff, with shared legal custody between the parties. Date: Respectfully submitted, FRIEDMAN NO, P.C. Richard S. Friedman, Esquire 600 N. Second Street Penthouse Suite P. O, Box 984 Harrisburg, PA 17108 (717) 236-8000 f/p: agarvey. divorce. cmp VERIFICATION I, Allison D. Garvey, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint in Divorce; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. l J f A ison . Garvey Dated: Al ?? A r w -G cC ALLISON D. GARVEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-1035 CIVIL ACTION LAW RONALD F. GARVEY, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, _ Thursday, March 03, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 193 Manlove s, 1901 State St., Camp Hill, PA 17011 on Friday April 15, 2005 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will he made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to he heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Belief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: _ Isf Melissa P. Greevy, Esy. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL FIELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ua z 50 1 1-4 ALLISON D. GARVEY, Plaintiff V. RONALD F. GARVEY, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1035 Civil Term COMPLAINT IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may 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, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Respectfully submitted, FRIEDMAN & KING, P.C. -7 By: -_ Richard S. Friedman, Esquire 600 N. Second St., 5th Mr. P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 ALLISON D. GARVEY, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-1035 Civil Term RONALD F. GARVEY, JR., COMPLAINT IN DIVORCE Defendant AMENDED 1. Plaintiff is Allison D. Garvey, who currently resides at 511 2nd Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Ronald F. Garvey, Jr., who currently resides at 799 Royal Saint George Dr., Apt. 522, Naperville, Illinois 60563. 3. The Plaintiff has been 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 November 29, 1986, in Dallas, Texas. 5. Plaintiff avers that there is a child of the parties under the age of eighteen (18), namely: Ronald F. Garvey, IV (dob 10/13/90). 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The marriage is irretrievably broken. 9. Neither Plaintiff nor Defendant is in the military service of the United States. 10. The parties separated on August 23, 2004. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. COUNTI CUSTODY 11. Paragraphs 1 through 10 are incorporated herein by reference. 12. The parties are the parents of Ronald F. Garvey, IV (date of birth 10/13/90). The child was not born out of wedlock. The child presently resides with the Plaintiff/mother at 511 2"d Street, New Cumberland, Pennsylvania 17070. During the past five (5) years, the child has resided with the following persons and at the following addresses: NAME Allison D. Garvey and Ronald F. Garvey, Jr. Allison D. Garvey, Molly H. Dougherty and James Kreider RESIDENCE 22 N. Sleight St. Naperville, IL 60540 511 2nd Street New Cumberland, PA 17070 DATE 1999 - 8/23/04 8/25/04 to Present The mother of the child is Allison D. Garvey, currently residing at 511 2nd Street, New Cumberland, PA 17070. She is married. The father of the child is Ronald F. Garvey, Jr., currently residing at 799 Royal Saint George Dr., Apt. 522, Naperville, IL 60563. He is married. 13. The relationship of the Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following persons: NAME Ronald F. Garvey, IV Molly H. Dougherty James Kreider RELATIONSHIP Son Sister Brother-in-law 14. The relationship of the Defendant to the child is that of Father. The Defendant currently resides alone. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 15. The best interest and permanent welfare of the child will be served by granting the relief requested because the parties and their son would benefit from a court order setting forth their rights and responsibilities. 16. Each parent whose parental rights to the child have not been terminated, and the person who has physical custody of the child, have been named a party to this action. WHEREFORE, Plaintiff requests the Court to grant primary physical custody of the child to Plaintiff, with shared legal custody between the parties. Date: d" 1' a` - Respectfully submitted, FRIEDMAN & KING, P.C. Richard S. Friedman, Esquire 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 f/p: agarvey. divorce. cmp VERIFICATION I, Allison D. Garvey, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Amended Complaint in Divorce; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Allison D. Garvey Dated: r I G ?. RECEIVED APR 282005 ALLISON D. GARVEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-1035 CIVIL TERM V. CIVIL ACTION - LAW RONALD F. GARVEY, JR., Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2-2 1 day of K4 .1 , 2005, upon consideration the attached Custody Conciliation Summary Rep , it is hereby ordered and directed as 1. Leoal Custody. The parties, Allison D. Garvey and Ronald F. Garvey, Jr., s all have shared legal custody of the minor child, Ronald F. Garvey, IV, born October 13, 1 390. Each parent shall have an equal right, to be exercised jointly with the other parent, to ake all major non-emergency decisions affecting the child's general well-being including, bit not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information p rtaining to the child including, but not limited to, medical, dental, religious or school r cords, the residence address of the child and of the other parent. To the extent one p rent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody of the child t to Father's rights of partial custody which shall be arranged as follows: A. Father shall have temporary physical custody of the child one weekend per month, from Friday at 9:00 p.m. until Sunday at 8:00 p.m., subject to the following additional provisions: (1) Through July 2006, Father's monthly periods of partial custody shall occur in Pennsylvania every month. During these visits, Father's periods of partial custody may be extended up to a total of four (4) days. 3. Nothing herein shall prevent the parties from modifying these arrangements by I agreement; however, in the event that they cannot agree, this Order shall be binding, ig further Order of Court. C!n Y tt: N N lL ?. l N ?) NO. 05-1035 CIVIL TERM 4. Both parties shall have reasonable telephone contact with the child while the child is in the other's custody. 5. The parties shall keep each other advised immediately relative to any :rgencies concerning the child and shall take any steps necessary to ensure that the Ith, welfare and well-being of the child is protected. 6. The parties shall do nothing that may estrange the child from either party or the natural development of the child's love or affection for the other party. 7. The Cumberland County Court of Common Pleas shall retain jurisdiction of matter and over any modification of this Order. 8. The Custody Conciliation Conference shall reconvene on August 5, 2005 a 11:00 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 1 01 State Street, Camp Hill, PA 17011. chard S. Friedman, Esquire, PO Box 984, Harrisburg, PA 17108 ,/flarold S. Irwin, III, Esquire, 64 S. Pitt Street, Carlisle, PA 17013 a 0??0 QV _ruc !x/11 1=. ALLISON D. GARVEY, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1035 CIVIL TERM CIVIL ACTION - LAW F. GARVEY, JR., Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 5.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this n is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Ronald F. Garvey, IV October 13, 1990 Mother 2. An Amended Complaint was filed on March 14, 2005 by Mother. The nplaint included a Count for Custody. A Custody Conciliation Conference was held on it 15, 2005. Present for the conference were: the Mother, Allison D. Garvey, and her nsel, Richard S. Friedman, Esquire; and Father's counsel, Harold S. Irwin, III, Esquire. her was absent but available to his attorney by phone. 3. The parties reached an agreement for a Temporary Order in the form as Date Melissa Peel Greevy, Esquire Custody Conciliator ALLISON D. GARVEY, Plaintiff V. RONALD F. GARVEY, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2005 - 1035 CIVIL TERM IN CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this day of 2005, by and between RONALD F. GARVEY, JR. (hereinafter referred to as "Father") and ALLISON D. GARVEY (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Father and Mother are the natural parents of a minor child, namely, Ronald F. Garvey, IV (age 14, born October 13, 1990); and WHEREAS, the parties wish to enter into an agreement relative to the custody, partial custody, and support of the child. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The parties shall have joint legal custody of the child. This shall include, but not be limited to the custodial parents' provision of school grade reports, notice of school functions and conferences and the sharing of medical information and decisions regarding the child with the noncustodial parent. 2. The Mother shall have primary physical custody of the child. 3. The Father shall have temporary physical custody of the child one weekend per month (and, whether occurring in Pennsylvania or Illinois, shall run from Friday at 8:00 p.m. until such time as will permit the child to return to Mother's residence by Sunday at 8:00 p.m., subject to the following additional provisions A. Father's monthly periods of partial custody shall occur at Father's residence in Illinois every other month (i.e., January, March, May, July, September and November) and until May, 2006, at Mother's discretion, she will fly with the child to Illinois and stay with the child on Saturday while Father is in school. When the Father is not in school, it will not be necessary for the Mother to accompany the child to Illinois. B. On the alternate months (February, April, June, August, October and December), Father's monthly periods of partial custody shall occur in Cumberland County, Pennsylvania, with the Father securing his own lodging. C. The Father shall always have the child on Father's Day and the Mother shall always have the child on Mother's Day. D. Father and Mother shall share time with the child on the child's birthday, Christmas Eve and Christmas Day at Mother's residence. Father may stay at Mother's residence on Christmas Eve. Easter will be celebrated in Illinois and the other holidays will be celebrated in Pennsylvania until June, 2006. Thereafter, Easter and Thanksgiving Day will rotate between the homes of the parents with both parents being involved in the holiday with the child. E. Labor Day and July 4th are reserved for the Father and Memorial Day is reserved for the mother. The parties shall alternate President's Day weekend and Martin Luther King weekend in Chicago or in Pennsylvania. September 11th is reserved for the Father and March 12"' is reserved for the Mother. F. The weekends of special events involving the child (graduations, school plays, school dances or similar events) will be shared by both parents and Father shall be entitled to select an alternate weekend if such an event falls on his visitation weekend. G. Father shall also have a week of partial custody in Illinois in the Summer, which week shall run from Friday evening of one week through Friday evening of the next week and may be taken in conjunction with a weekend visitation. H. Father shall pay for the child's airline tickets for the trips to Illinois and for his own tickets for his trips to Pennsylvania. When Mother accompanies the child to Illinois, she shall pay for her own ticket. Father shall make all airline reservations and notify the Mother of flight details no less than 28 days prior to the scheduled period of partial custody. 1. Father shall give the Mother notice of his Summer weekends and vacation week by April 1 st each year. J. Both parties agree that Father will be attending school on Saturdays until May, 2006; however, Father otherwise agrees not to work during his periods of partial custody. Father agrees not to introduce the child to people from his 12 Step Program or recovery program without the permission of the Mother. K. Nothing herein shall prevent the parties from modifying these arrangements by mutual agreement; but, in the event that they cannot agree, this agreement shall be binding. Notwithstanding the foregoing, the child will retain the right to cancel any visit in Illinois without intervention or pressure from either party, provided that the child is the one that informs the Father of this decision (outside the presence of Mother) and that Father may reschedule the Illinois visit or come to Pennsylvania instead. 4. Both parties shall have reasonable telephone contact with the child while the child is in the other's custody. 5. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. 7. The parties shall do nothing that may estrange the child from either party or hinder the natural development of the child's love or affection for the other party. 8. The parties shall contribute equally to the expenses of the child's college education at a state school in Illinois or Pennsylvania, including tuition, room, board, books and spending money. The child will be expected to apply for such scholarships, student loans or other grants as may be available or reasonable under the circumstances. 9. The Mother shall name the child as beneficiary of her estate up to the first $150,000 and the Father shall name the child as beneficiary of $150,000 of his life insurance until the child has completed his higher education, provided that this amount shall be payable to a trust to be established by the parties' respective executors and J or trustees with the income or principle to be used primarily for support, education or medical care of the child until the child completes his education or reaches the age of 25 years, whichever shall last occur. Mother shall be the trustee of Father's life insurance trust and Father shall be the trustee of Mother's estate trust. 10. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and only if executed with the same formality of this agreement. 11. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 12. The parties desire that this agreement be made an order of Court through the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor child and shall retain such jurisdiction should circumstances change and either party desire further or require further modification of said Order. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth- WITNESSETH: AfAq {SEAL) ONA D F. A Y , JR. ,2,,,6D 1-Z,,1 {SEAL) ALLISON D. GAR E STATE OF ILLINOIS :SS: Q COUNTY OF On this, the --L- day of 2005, before, the undersigned officer, appeared RONALD F. GARVE , JR., known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument, and acknowledged that he executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) Notaryublic "OFFICIAL SEAL" KATHY COOK '?nb+ry Pubitc, Stets Of L COMMONWEALTH OF PENNSYLVANIA Comm Ion ExWrse pagpp@ :SS: COUNTY OF CUMBERLAND . On this, thel-W day of v ?Sf 2005, before, the undersigned officer, appeared ALLISON D. GARVEY, known to me (or satisfactorily proven ) to be the same person whose name is subscribed to the within instrument, and acknowledged that she executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal William D. Wlerone Notary Public New Cumberand Boro, Cumberland County W commission xpices Sept. t5, 2008 Member, Pennsvlvan:a Association Of Notaries n r7 r- - -??n tW _ t17 j t -n ]? JRECElVED AUG 3 0 208 fy HAROLD S. IRWIN, 111, ESC. SUPREME COURT ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 717-2434M90 ATTORNEY FOR DEFENDANT ALLISON D. GARVEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2005 - 1035 CIVIL TERM RONALD F. GARVEY, JR., Dafendant IN CUSTODY ORDER OF COURT NOW, this _.& day of Se %'A 2005, upon presentation and consideration of the attached Stipulation and Agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. BY THE COURT, J. 0 fu l 10 CI *IIIl!'d 2- c!:3Stu0t ?t ` iU`i vl i i± i:d 7-Al r;0 RECEIVED CC3 17 2C05/?? ALLISON D. GARVEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-1035 CIVIL TERM V. RONALD F. GARVEY, JR., Defendant CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 11`" day of October, 2005, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR Tr-C7RT: Melissa Peel Greevy, Esquire Custody Conciliator :260607 ALLISON D. GARVEY, Plaintiff V. RONALD F. GARVEY, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-1035 Civil Term COMPLAINT IN DIVORCE PRAECIPE Kindly make the attached Marital Settlement Agreement part of the record in the above action. Respectfully submitted, KING, P.C. By: 609N. Second St., 5th Flr. P. Box 984 Harrisburg, PA 17108 (717) 236-8000 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 2 6 day of 20o"7, by and between ALLISON D. GARVEY, of Cumberland County, Pennsylvania, hereinafter called Wife, and RONALD F. GARVEY, JR., of Naperville, Illinois, hereinafter called Husband. WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully married on November 29, 1986; and WHEREAS, the parties have recently separated, as a result of which they currently live separate and apart; and WHEREAS, one child was born of the marriage between the parties, namely, Ronald F. Garvey, IV, born October 13, 1990; and WHEREAS, the parties wish to enter into a brief agreement commemorating their separation and their right to live separate and apart, while leaving other issues to be resolved at a later date; NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. During the said separation, the parties shall have the right to live as though they were unmarried, and their conduct during the separation shall not give rise to additional grounds for divorce which do not presently exist. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist, or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences, which acts have occurred prior to or which may occur subsequent to the date hereof. 2. CONSIDERATION FOR AGREEMENT. The consideration for this contract and agreement is the mutual benefits to be obtained by each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 3. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has secured legal advice from Harold S. Irwin, III, Esq., and Wife has secured legal advice from Richard S. Friedman, Esq. 4. EQUITABLE DISTRIBUTION. The parties acknowledge that they have not yet resolved the economic issues between them, and that it is their intention to resolve said issues at w a later date. This agreement is not intended to be a final agreement between the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. Allison D. Garvey n Ronald Garvey, Jr. - -- RSF:ka: garvey.allison:msa. I - -Tr -?- .? . , r ff ,, ± y s - -4 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of , 2008, by and between ALLISON D. GARVEY, of Cumberland County, Pennsylvania, and RONALD F. GARVEY, JR., of Naperville, Illinois. WHEREAS, Ronald F. Garvey (hereinafter called "Husband") currently resides at 799 Royal St. George, #522, Naperville, Illinois 60563; and WHEREAS, Allison D. Garvey (hereinafter called "Wife") currently resides at 1133 Columbus Ave. Apt. 7, Lemoyne, Pennsylvania 17043; and WHEREAS, the parties hereto are husband and wife, having been lawfully married on November 29,1986; and WHEREAS, the parties have lived separate and apart since on or about August 19, 2004; and WHEREAS, one child was born of the marriage between the parties, namely, Ronald F. Garvey, IV, born October 13, 1990; and WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another, and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. During the said separation, the parties shall have the right to live as though they were unmarried, and their conduct during the separation shall not give rise to additional grounds for divorce which do not presently exist. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist, or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences, which acts have occurred prior to or which may occur subsequent to the date hereof. 2 2. CONSIDERATION FOR AGREEMENT. The consideration for this contract and agreement is the mutual benefits to be obtained by each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 3. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Wife has secured legal advice from Richard S. Friedman. Husband acknowledges that this Agreement has been prepared by counsel selected by Wife, to wit, Richard S. Friedman, who has advised Husband that he has the absolute right to be represented by separate and independent counsel of his choosing to advise him in the within matter, and Richard S. Friedman, Esq. has strongly recommended to Husband that he secure said counsel. Husband was previously represented by Harold S. Irwin, III, but Husband has indicated that for purposes of this Agreement, he is not represented by counsel. By executing the within Agreement, Husband acknowledges that he understands his right to said counsel and has consulted with said counsel or is voluntarily choosing not to do so. By executing the within Agreement, Husband waives any claim for conflict of interest which he could otherwise assert against Richard S. Friedman, Esq. and the firm of Friedman & King, P.C. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that 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. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and 3 duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation, and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. In addition, Husband agrees to reimburse Wife for one half ('/2) of the legal fees for preparation of this Agreement and negotiations prior thereto. 4. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law, and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone, or in the name of one of 4 the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 5. 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 thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Wife has filed a divorce complaint in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to number 05-1035. The parties agree that each will execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel for Wife may finalize the divorce action in a timely fashion. Upon completion of the divorce action, counsel for Wife shall supply Husband with a copy of the Decree. 6. EQUITABLE DISTRIBUTION. A. The parties have resolved all equitable distribution issues. B. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property now in her possession. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. C. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property in his possession. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. D. Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. 6 E. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assume by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. F. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. G. Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorney's fees, incurred in the event of breach hereof. 7. CHILD SUPPORT. Husband agrees to pay to Wife in the form of child support the sum of $1,030.24 per month until the child graduates from high school. Said child support 7 will increase by fifteen percent (15%) of total taxable income generated by restricted stock grants (see Exhibit A attached) and bonuses. Each parry agrees to pay an equal share of the child's higher education, including but not limited to tuition, room and board, books and living expenses, not to exceed the amount child would pay if he were enrolled in a state university in Pennsylvania or Illinois. Husband agrees to maintain health insurance for child, as long as child is a full time student and eligible for medical insurance through Husband's employment. Husband will continue to cover child and the parties will share the cost thereof in proportion to their gross income. 8. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Husband agrees to pay to Wife in the form of spousal support/alimony, the sum of $1,279.25 per month until their son graduates from high school. Said payments will be increased by fifteen percent (15%) of total taxable income generated by restricted stock grants (see Exhibit A attached) and bonuses during that time. In addition, upon termination of child support, said alimony payments will be increased to $2,117.00 per month plus forty percent (40%) of all taxable income generated by restricted stock grants and bonuses. Said alimony payments are non-modifiable as to duration or amount and shall terminate at the end of eight (8) years from the date of separation or upon the death of either party or Wife's remarriage or cohabitation with a member of the opposite sex, not a relative, for a period of time exceeding twelve (12) weeks. Husband and Wife will exchange proof of earnings by W2, 1099 or K1, no later than February 15' of each year for the proceeding year. All such payments by Husband to Wife shall be deemed alimony, as defined in Section 71(b)(1)(A) of the Internal Revenue Code as amended, and as said Section is amplified by the 8 provisions of the Tax Reform Act of 1984 and Tax Reform Act of 1986, and any future laws or regulations related thereto. Payments from Husband, when received by Wife, shall be deductible in the year of payment by Husband pursuant to Section 215 of the Internal Revenue Code, as amended, or any similar future laws or regulations thereto, and shall be includible in the year of receipt in the gross income of Wife pursuant to Section 71(b)(1)(A) of the Internal Revenue Code, as amended, or any similar future laws or regulations thereto. 9. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other, or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This wavier shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 10. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including but not limited to pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme,, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming 9 the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 11. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties have divided between them to their mutual satisfaction all personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully 10 and effectively for all purposes. B. Each party hereby absolutely and unconditionally releases and forever discharges the other, and the estate of the other, for all purposes, from any and all rights and obligations which either party may presently have or at any time hereafter will have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other, and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. 11 D. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 12. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other parry access to those records in the event of tax audits. 13. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 14. SEVERABILITY. If any provision of this 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. 15. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 16. WAIVER OF BREACH. The waiver by one party of any breach of this agreement by the other party will not be deemed a waiver of any other breach or any provision of 12 this Agreement. 17. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Ronald F. Garvey, Jr. 799 Royal St. George, #522 Naperville, IL 60563 and to Wife, if made or addressed to the following: Allison D. Garvey 1133 Columbus Avenue Apt. 7 Lemoyne PA 17043; Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 18. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 19. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 13 20. EFFECTIVE DATE. This agreement shall become effective and binding upon both parties on the execution date. 21. EFFECT OF DIVORCE, EFFECT OF RECONCILIATION, SURVIVAL OF WARRANTIES. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. If any term, condition, clause or provision of this Agreement shall, by its reasonable interpretation, be intended to survive and extend beyond the termination of the marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, or provision or provisions, shall be so construed, it being the express intention of both parties hereto to have this Agreement govern their relationship now and hereafter, irrespective of their marital status. 22. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 23. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 14 24. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney or his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney? OR has waived the right to consult with an attorney despite being advised to do so?; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 25. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 26. AGREEMENT NOT TO BE MERGED. This Agreement shall be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 15 4 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. Allison D. Garvey /LApi;7? 11Uff'L"-y- if Ronal F. Garvey, Jr. COMMONWEALTH OF PENNSYLVANIA COUNTY OF ?p(cZ : ss: On this, the 0 day of , 2008, before me a Notary Public, the undersigned officer, personally appeared Allison D. Garvey, 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. Notary Public STATE OF ILLINOIS COUNTY OF COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SHARRY D. SEMANS, Notary Public City of Harrisburg, Dauphin is :ra "! County A ri0 . ss: On this, the d Nday of QA-' 2008, before me a Notary Public, the undersigned officer, personally appeared Ronald F. Garvey, Jr., 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 Public -------------- OFFICIAL SEAL LOUISE I TORRES NOTARY PUKIC - RATE OF ILLN = W COWIdt "ElEPM1ES#IAOIt11 16 C r.a c. ¢- sl • rye (?- t`rt Co C ,nrar+aw .N,,: JAW 3A?Oi'i- 23fifiClT i Riuo l *t1141tG 83PAV 3 A122 ,' 'timl ALLISON D. GARVEY, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-1035 Civil Term RONALD F. GARVEY, JR., COMPLAINT IN DIVORCE Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: Personally appeared before me, a Notary Public, in and for said Commonwealth and County, Richard S. Friedman, Esquire, Attorney for the Plaintiff, who, being duly sworn according to law, deposes and says that a Certified copy of the Amended Complaint in Divorce in the above-captioned matter was served upon Defendant, Ro . Garvey, Jr., by Certified Mail, Restricted Delivery, as evidenced by the attached C fled Mail card. 1-711 Sworn and subscribed to before me this 16 day of , 2008. Notary Publ' Richard S. Friedman, Esquire COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SHARRY D. SEMANS, Notary Public C' of Harrisburg, Dauphin County Expire. July 25, 2010 r-l N O CO ru 0 0 0 0 Ln r O S O O N U.S. Postal Service CERTIFIED MAIL:, RECEIPT (Domestic Mail Only, No Insurance Coverage Provided) 0 C= C TI: ,'_` Alm Rig -t. R L' tl? G ALLISON D. GARVEY, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-1035 Civil Term RONALD F. GARVEY, JR., COMPLAINT IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 14, 2005. 2. 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. 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. § 4904 relating to unsworn falsification to authorities. DATED: ?,,) ;'Allison D. arve , Pl 'it' e+a ? -*- ? ` may" cn .?? r=' ? ??" .w? ?^ E? ?? _? "`?. ALLISON D. GARVEY, Plaintiff V. RONALD F. GARVEY, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-1035 Civil Term : COMPLAINT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) AND 3301(D) 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. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: p Allison D. Garvey, Plai ti to Fz C-n w ALLISON D. GARVEY, Plaintiff V. RONALD F. GARVEY, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1035 Civil Term : COMPLAINT IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 14, 2005. 2. 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. 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. § 4904 relating to unworn falsification to authorities. DATED: Ronald F. Garvey, endant ? C=2 P °` w n L7 E; : c/3 f it F7 z E"='1 rnzi -p ( mX D N tt -C ALLISON D. GARVEY, Plaintiff V. RONALD F. GARVEY, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1035 Civil Term : COMPLAINT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) AND 3301(D) 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. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: Ll 6-/6 k Ronal F. Garvey, Jr., Defe 2 C= 0 C= -n -0 ' cn I Pi?TI. T M ( -.ems ,- ter- . ?=c L!'1 ALLISON D. GARVEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-1035 Civil Term RONALD F. GARVEY, JR., COMPLAINT IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: Code. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce 2. Date and manner of service of the amended complaint: March 21, 2005, certified mail, restricted delivery. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff September 10, 2008; by Defendant September 15, 2008. 4. Related claims pending: There are no related claims pending. 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: 2008 (b) Date Plaintiffs Waiver of Notice was filed with the Prothonotary: September 17, Date Defendant's Waiver of Notice was filed with the Prothonotary: September 17, 2008. chard S. Friedman, Esquire Attorney for Plaintiff c G y9 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ALLISON D. GARVEY NO. 05-1035 VERSUS RONALD F. GARVEY, JR. DECREE IN DIVORCE AND NOW, ???pIL v-,hrS Z`"? 2008 IT IS ORDERED AND DECREED THAT Allison D. Garvey , PLAINTIFF, AND Ronald F. Garvey, Jr. ARE DIVORCED FROM THE BONDS OF MATRIMONY. , DEFENDANT, 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; The attached Marital Settlement Agreement is incorporated but not merged, and made a part of this Decree in Divorce -441, -,?, "/-?" ,?, ALLISON D. GARVEY, Plaintiff V. RONALD F. GARVEY, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1035 Civil Term : COMPLAINT IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, subsequent to the entry of a Final Decree in Divorce, hereby elects to resume the prior surname of Allison Hosack Dougherty, and gives this written notice avowing her intention pursuant to the provisions of 54 P.A. 704. Date: a Dl? COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF &LtX-6&L?? : On the /! day of September, 2008, before me, the Prothonotary or the Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 1 ?1?-11'?G?iIJO otary Public ENNSYLVANIA COMMONWg#*OF P , d n:;bX SHAR`? ; . aunty City v J ;. rn -, ,? y