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HomeMy WebLinkAbout05-1513 .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY C. HOLSINGER, Plaintiff No. 2005 - J.j J3 v, CIVIL ACTION - LAW G, RAY HOLSINGER. JR. aIkIa GERALD RAY HOLSINGER. JR. Defendant (In Divorce) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of 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 at the Cumberland County Court House, High and Hanover Street, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TIllS 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 DALEY, ZUCKER & GINGRICH, LLC Date: .3/2.1 fOS' By: ll't say Gi Supreme C ID # 87954 1029 Scenery Drive Harrisburg, Pennsylvania 1 71 09 (717) 657-4795 Attorneys for Plaintiff . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY C, HOLSINGER, Plaintiff No. 2005 - v, CIVIL ACTION - LAW G. RAY HOLSINGER, JR. aIkIa GERALD RAY HOLSINGER, JR. Defendant (In Divorce) COMPLAINT UNDER SECTION 330Hc) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Amy C. Holsinger, who is currently living at an undisclosed location in Cherry Hill, New Jersey; however, Plaintiff lived at 12 Hope Terrace, Carlisle, Cumberland County, Pennsylvania until on or about February 19, 2005. 2. Defendant is G. Ray Holsinger, Jr., aJk/a Gerald Ray Holsinger, Jr, who, at the time of filing of this Complaint, resides at 1874 Douglas Drive, Carlisle, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 9, 2001 in Cumberland County, Pennsylvania. 5. Plaintiff and Defendant, although living in the same residence, have been living separate and apart since on or about January 3, 2005. 6. There have been no prior actions of divorce or for annulment between the parties. ~ , 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. See Plaintiff's Affidavit attached hereto as Exhibit" /0:' and incorporated herein by reference. 8, The marriage is irretrievably broken. The foregoing facts are averred under Sections 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. WHEREFORE, Plaintiff requests Your Honorable Court enter a Decree in Divorce, thereby divorcing Plaintiff and Defendant from the bonds of matrimony. Respectfully submitted, DALEY, ZUCKER & GINGRICH, LLC Date: 3/2.'/0~ By: ; J'in say Gin \.../ Supreme Co # 87954 1029 Scenery Drive Hanisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Plaintiff ~ VERIFICATION I, Amy C. Holsinger, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: D -:s - I':) -Os. , " Exhibit "A" AFFIDAVIT I, Amy C. Holsinger, being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. (2) I understand that the court maintains a list of marriage counselors In the Prothonotary's Office, which list is available to me upon request. (3) Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Dated: o~ - '):;-~ OS:' \1 ~~ 0 ~--o ~ ~ ~ ; ).Y' rY lit '"., -:? "'~ ~ ~ J;'- ~ ~}) ~ '56<q (') 0' ~ t'),T,~ r.;> ~Q,' .. -'..';" 'j:. ''; ~ . <Lv -p: en, "\' \J". " 'f' 0, ->- {}'" O v.' ~ 'j U) ;-\ ..-- ,,' y~,.;:F) C- ? -;? 0 ..L. Y cP"l - OJ ..-- ,,' ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY C. HOLSINGER, Plaintiff No. 2005 - 1513 v. CIVIL ACTION - UAW G. RAY HOLSINGER, JR. alkJa GERALD RAY HOLSINGER, JR. Defendant (In Divorce) ACCEPTANCE OF SERVICE , I, G. Ray Holsinger, Jr., a/k/a Gerald Ray Holsinger, Jr., Defenjlant in th above- captioned matter, hereby accept service of the Complaint in Divorce ~hich was filed on March 22, 2005. Dated: 3~^i ~O, By: i 1 G. Ray ., Defen t Pro Se 1874 Douglas Driv~ Carlisle, Pennsylva$ia 17013 \. j'- t""-_,", ,-:;:. c..rl , ";-i"i .__1 .-->' -" " . .",,' \.1..:" (...~ C) (.,-.) SAIDtS, FLOWER & LINDSAY ATIOflNEYSoAT.IAW 26 West High Street CarlIsle, PA AMY C. HOLSINGER. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA VS, CIVIL ACTION G. RAY HOLSINGER. JR. a/k/a GERALD RAY HOLSINGER. JR : Defendant NO. 2005-1513 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under & 3301 (c) of the Divorce Code was filed March 21, 2005, 2, The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3, I consent to the entry of a final Decree in 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 to the best of my knowledge. information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, 4904 relating to unsworn falsification to authorities, f\:? ~ S ~ Date\l2-:j " PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDERll 3301 (e) 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 ur expellses if I do not claim them before a divorce is granted, 3, I understand that I will not be divorced until a Divorce Decree IS entered by the Court and that a copy of the Decree will be sent to me Immediately after it is filed with the Prothonotary, I verify that the statements made In this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, 4904 relating to unsworn falsification to authorities. ~ - C\' _ Amy C. OISinger~~ DateQ3~~ 3 ~a/ C) ,"'\\ ::::.1 , , "v -<01 ~ .'.. .". --- - SAIDIS, FLOWER & LINDSAY AITORNEYS.AT'lAW 26 West High Street Carlisle, PA II AMY C. HOLSINGER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 2005-1513 v. G. RAY HOLSINGER. JR a/k1a GERALD RAY HOLSINGER, JR Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that Plaintiff in the above matter received a Complaint in Divorce filed on March 21, 2005, hereby intends to resume and hereafter use her previous name of AMY C RUDY, and gives this written notice avowing her intention in accordance with the provisions of the Act of April 2, 1980, PL, 23 P,S 702, effective July 1, 1980, (l~l.l\~~ Amy C. olsinger Q; ! ~I K '-dej my C udy COMMONWEALTH OF MARYLAND COUNTY OF l1or/Tb~&-:y' On this, the ;(34 day of March, 2006, before me, the undersigned officer personally appeared Amy C. Holsinger, also known as Amy C Rudy 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, SS IN WITNESS WHEREOF, I hereunto set my hand and official seal. / J 117 ~m~~<o /~-0 1 Title of Officer I "y" IJ . W{;~EAL) ~VALBm!~o ANrtf WILliAMS ~ "'I--,""~V n'lnLI^ ~ P.\.) r.'-, '-': n- v ~ r./iO:'lIG(.W,EfW GCltJNTY ~ r'i!t,f1YU-\NO t ~~y C;JM~S!ON EXPIRES SEPT. 7, 200S ,~......;;. -::.r. r -,~ r~ (: :T1 i" S:::-' (.) " rT"J ~. }.c ,-\ .s --- '" .C) ("J C- '" '" "- <: .:, -' :U -J:) p...) ....,;;: \S._ r_ (-- --- ------ 'I, ~ . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AMY C. HOLSINGER Plaintiff NO. 2005-1513 G. RAY HOLSINGER, JR a/kla GERALD RAY HOLSINGER, JR Defendant CIVIL - ACTION - LAW (IN DIVORCE) PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT is made this } 'J#- ~ day of JlLU ,2006, BY and BETWEEN Amy C, Holsinger, who currently lives at an undisclosed address in Cherry Hill, New Jersey, hereinafter referred to as Wife, A N D G. Ray Holsinger, Jr., a/k/a Gerald Ray Holsinger, Jr., 1874 Douglas Drive, Carlisle, Pennsylvania hereinafter referred to as Husband. RECITALS: R.1: The parties hereto are Husband and Wife, having been joined in marriage on June 9, 2001, in Cumberland County, Pennsylvania; and R.2: One (I) child was born of the marriage: Makena Layne Holsinger, whose date of birth is February 23,2003; and R.3: Differences have arisen between the parties, in consequence of which they have lived separate and apart since on or about January 3, 2005; and ACHM 1 GRH (9(<, \\ , " , < R.4: The parties have resolved that it is not possible to continue the marital relationship between them for reasons known to them, in consequence of which they are living separate and apart: and R.5: Wife filed a Complaint for Divorce in the Court of Common Pleas of Cumberland County in the Commonwealth of Pennsylvania, to Docket Number 2005- 1513, Civil Term; mad R.6: It is the desire mad intention of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions ofthe Pennsylvania Divorce Code, as amended; and R.7: The parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates; and R.8: The parties desire to resolve all claims pending between them, including the settlement of all their respective property rights and other rights growing out of their marriage relationship including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs, and further including the education oftheir children; and ACH~ 2 GRH~ , , R.9: Husband and Wife declare that each has had a full mad fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by Marylou Matas, Esquire Saidis, Flower, & Lindsay, and that Husband, cognizant of his right to obtain legal representation, declares that it is his express, voluntary and knowing intention not to avail himself of his right to counsel and chooses instead to represent himself with respect to the preparation and execution of this Agreement; and R.IO: Both Husband and Wife have each covenant that they have made full and complete disclosure of the other of his and her respective property holdings and income; and R.ll: Each party has had an opportunity to verify the financial disclosure of the other. Discovery, if any, has been conducted to the satisfaction of each party. Each party has had the opportunity to investigate further the financial disclosure of the other, and has had access to any desired books and/or records to investigate further. Each party had an opportunity to do an independent valuation of the assets, liabilities and income of the other party. To the extent either party decided not to pursue further discovery and investigation, he or she did so voluntarily and specifically waives the right to challenge this Agreement based on the absence of full and fair disclosure. ACH~ 3 GRH G ~ \\ , '. , , NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, and the parties, intending to be legally bound, hereby agree as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Neither party shall disparage or discredit the other in any way, nor in any way injure his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of the family of either party. Each party shall be free of the interference, authority or contact by as if he or she was single and unmarried except as maybe necessary to carry out the terms of this Agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Upon the execution of this agreement, the parties shall execute and the Affidavits of Consent and Waiver of Notice Forms, necessary to finalize said divorce. Said Affidavits and Waivers will be flied with the Cumberland County Prothonotary's Office upon expiration of the mandatory ninety (90) day waiting period. ACH~ 4 GRH~ ',' . , If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and fhall entitle the other party at his or her option to terminate this Agreement. (3) REAL PROPERTY: The parties acknowledge that Wife, with her father, held title to the premises more commonly identified as 12 Hope Terrace, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as the "Marital Residence"). The parties have agreed to list and sell the Marital Residence. At the time of creation of this agreement, the Marital Residence was under contract for One Hundred Twenty-Nine Thousand Nine Hundred ($129,900.00) Dollars. Settlement is slated to occur on or about March 30, 2005. The parties specifically agreed that the net proceeds from the sale of the Marital Residence, after deduction of all expenses. fees and taxes in connection with the sale; then after satisfaction of the liens of any and all existing mortgages shall be distributed to Wife. As consideration for any interest Husband may have in the Marital Home as a result of the marriage, Wife shall pay to Husband Four Thousand ($4,000.00) Dollars, which amount shall be paid within ten (10) days ofthe sale off the Marital Residence. (4) DEBT: A. MARITAL DEBT: Other than those debts enumerated within, Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. 1. Each of the parties will pay all current bills and outstanding bills incurred on or before the date of separation of the parties, January 3, 2005, to the same extent that he or she has been paying then in the past and neither party shall incur any unusual bill which will bind the other Party, Husband hereby ACH~ 5 GRH~ ./ . '. agrees to return to Wife any and all joint credit cards or charge plates that he may have in his possession. The parties further agree that may debts incurred on said joint credit cards or charge plates subsequent to the date of separation, shall be the sole and exclusive responsibility of the party who incurred said debts and the debt-incurring party shall save harmless the other party from may obligation or institutions of suit thereunder. B: POST SEPARATION DEBT: Except as otherwise herein provided, in the event that either party contracted or incurred any debt since the date of separation on January 3. 2005, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. c: FUTURE DEBT: Except as otherwise herein provided, from the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEHICLES: The parties acknowledge that Husband, individually, holds title to a Ford E-350 Van. Wife hereby relinquishes any right, title or interest she may have and to the Ford work van. Husband shall continue to maintain separate insurance on and assume full responsibility for any encumbrance on the Ford work van, and shall hold harmless and indemnify Wife from any loss thereon. The parties further acknowledge that Husband, individually, holds title to a 1988 V olkswagon (VW) Van. Wife hereby relinquishes any right, title or interest she may have and to the VW van. Husband shall continue to maintain separate insurance on and assume responsibility for any encumbrance on the VW van, and shall hold harmless and indemnify Wife from any loss thereon. ACH~ 6 GRH G~ \\ ./ . '. The parties further acknowledge that Wife, individually, holds title to a 2004 Saturn Red- Line View. Husband hereby relinquishes any right, title or interest he may have in and to the 2004 Saturn. Wife shall continue to maintain separate insurance on and assume full responsibility for any encumbrance on the Saturn, and shall hold harmless and indemnify Wife from any loss thereon. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division ofthe furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each office parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Except as otherwise provided herein, each party hereto hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits. including retirement accounts, savings plans, pension plans, stock plans, 401K plans and the like. Husband acknowledges that the martial property of the partif's includes any marital portion of Wife's 401K plan through her former employment with M&T Bank (hereinafter referred to as "M&T Retirement Account"). Wife's M&T Retirement Account is solely in ACH~ 7 GRH~ ., . . Wife's name. The approximate value of Wife's M&T Retirement Account as of December 31, 2004 was One Thousand One Thousand Thirty-Nine and 50/roO ($1,139.50) Dollars, all of which is vested. A copy of Wife's December 31, 2004 M&T Retirement Account statement is attached hereto as Exhibit "A" and is incorporated herein by reference, Husband further acknowledges that he has been informed of his right to obtain an independent appraisal and/or valuation of Wife's M&T Retirement Account and any marital interest he may have therein, and, notwithstanding same, Husband hereby forever waives and relinquishes and right, title interest or claim he might otherwise have in and to Wife's aforesaid M&T Retirement Account. Husband acknowledges that the marital property of the parties includes any marital portion of Wife's 401K plan through her former employment with the Pennsylvania Credit Union Association (CUNA) (hereinafter refereed to as the "CUNA Retirement Plan"). Wife's CUNA Retirement Account is solely in Wife's name. The approximate value of Wife's CUNA Retirement Account as of December 31, 2004 was Two Thousand Sixty-Seven and 39/100 ($2,067.39) Dollars, of which One Thousand Thirty-Three and 721100 ($1,033.72) Dollars was vested as of that date. A copy of Wife's December 31, 2004 CUNA Retirement Account statement is attached hereto as Exhibit "B" and is incorporated herein by reference. Husband further acknowledges that he has been informed of his right to obtain an independent appraisal and/or valuation of Wife's CUNA Retirement Account and any marital interest he may have therein, and, notwithstanding same, Husband hereby forever waives and relinquishes any right, title interest or claim he might otherwise have in and to Wife's aforesaid CUNA Retirement Account. ACH~ 8 GRH~ ./ " (8) WAIVER of ALIMONY: The parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs. Each party waives any claim he or she may have, one against the other, for alimony, spousal support or alimony pendente lite. (9) DIVISION OFBANKACCOUNTS: The parties acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. (10) AFTER-ACQUIRED PROPERTY: Each of the parties shall own and enjoy, independently of any claims or lights of the other all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. (11) TAX MATTERS: The parties have negotiated this Agreement with the understanding and intention to divide their mutual property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. ACH~ 9 GRH a~ ~ '1 . (12) DEPENDENCY EXEMPTIONS: For so long as Wife is the primary custodian, the parties agree that Wife shall be entitled to claim the deduction for the dependency exemption for the parties minor child under Section 152( e) of the Internal Revenue Code of 1954, as amended. If necessary, Husband agrees that he will sign the Internal Revenue Form 8332 or any other declaration required by the Treasury Department or the Internal Revenue Service to implement this Agreement and agrees to provide such declaration to Husband, within ten (10) days of a request to sign such document. (13) ATTORNEY'S FEES: Except as otherwise provided herein. each of the parties waives the right to receive a payment for counsel fees from the other. and each shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. (14) ADVICE of COUNSEL: The parties hereto acknowledge and declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by Marylou Matas, Esquire, of Saidis, Flower & Lindsay, and that Husband, cognizant of his right to legal representation, declares that it is his express, voluntary and knowing intention not to avail himself of his right to counsel and chooses instead to represent himself with respect to the preparation and execution of this agreement. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from ACH~ 10 GRH~ "' . counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. (15) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, within five (5) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (16) INCOME TAX: The parties hereby acknowledge that have filed joint federal, state, and local income tax returns for the year of 2004. The parties hereto agree that Wife shall receive Three Thousand ($3,000.00) Dollars from the 2004 tax return and Husband shall receive One Thousand Five Hundred ($1,500.00) Dollars from the 2004 tax return. The parties hereto agree to file separate returns for all ongoing years, specifically including 2005 and 2006. (17) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the fight to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties marital assets and all other rights are determined by this Agreement, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. ACH~ II GRH~ .. -- - . (18) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (19) WAIVER of APPRAISALS: The parties acknowledge that they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain formal valuations or appraisals of the real estate, the personal property, the vehicles, and 401K's and IRA's, some or all of which were acquired during the marriage and therefore constitute marital property. However, the parties have determined that they will not undertake the expense to have these items appraised and/or valuated, and that the division of property as set forth in this agreement, represents a fair and equitable distribution. (20) RIGHTS and RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (21) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full ACH~ 12 GRH_ . . . settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action of divorce. (19) RELEASE of ALL CLAIMS: Except as otherwise provided herein, each party releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future support, division of property, including income of gain from property hereafter accruing, right of dower or curtsey, the right to act as administrator or executor of the estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or may other property rights, benefits or privileges accruing to either party by virtue of their marriage relationship, or otherwise, whether the same are conferred by statutory or common law of the Commonwealth of Pennsylvania, or may other state, or of the statutory or common law of the United States of America, Except as provided herein. the parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees, except those counsel fees sought in the event of a breach of this Agreement, or any other marital rights as provided in the Pennsylvania Divorce Code, Act 26 of 1980 or any amendment thereto. It is further specifically understood and agreed by and between the parties hereto, that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and ACH~ 13 GRH~ 1 .. ~ future claims on account of support maintenance; alimony; alimony pendente lite; counsel fees, costs and expenses, except those counsel fees, costs and/or expenses sought in the event of a breach of this Agreement; equitable distribution of marital property and any other claims of each party, including all claims raised by them in the Divorce action pending between the parties. (20) SEPARABILITY of PROVISIONS: If may term, condition, clause or provision of this agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this agreement shall continue in full force, effect and operation. (21) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. (22) INCORPORATION into DIVORCE DECREE: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the parties intend that all obligations contained in this Agreement shall retain their contractual nature in may enforcement proceedings, whether enforcement is sought in an action on the contact itself at law or in equity, or in may enforcement action filed to the Divorce Caption. ACH~ 14 GRH -mll . . t ~ ,..... (23) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event the breach, the other party shall have the right, at his or her election; to sue for damages for such breach or seek such other additional remedies as may be available to him or her. (24) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (25) AGREEMENT BINDING on PARTIES and HEIRS: It is understood and agreed that not only the parties hereto, but also their heir's, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first written above. WITNESS: ~1~~ M~ Matas, Es 're ACH~ 15 GRH (;; ~ ~ " ^. SAIDIS, FLOWER &. LINDSAY Alll""""""",,","'UW 26 West High Street Carlisle.PA AMY C. HOLSINGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION vs. G. RAY HOLSINGER, JR. alkla GERALD RAY HOLSINGER, JR.: NO. 2005-1513 CIVIL TERM Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on March 24, 2005, via acceptance of service. 3. Date Affidavit of Consent required under Section 3301 (c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: 03/23/06 and filed with Prothonotary 03/31/06 By Defendant: 06/12/06 and filed contemporaneously herewith 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated 6/12106 are incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301 (c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: 03/23/06 and filed with Prothonotary 03/31/06 By Defendant: 06/12/06 and filed contemporaneously herewith Dated: 6/ /9 /ok' '~~~7~~4J Ma~ Matas, Esquire SAlOIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 ~ SAIDIS, FLOWER & IJNDSAY AJ"~.IAW 26 West High Street Carlisle,PA CERTIFICATE OF SERVICE I, Marylou Matas, Esquire, of the law finn of SAlOIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via certified mail, return receipt requested, postage prepaid, addressed as follows: G. Ray Holsinger, Jr. 1874 Douglas Drive Carlisle, PA 17013 SAlOIS, FLOWER & LINDSAY /1;~~~7Vt,~~ Maryl atas, Esquire Supreme Court 10 No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 r-> c;:'J c:> C;'/"' ,:) ~.n ~ rnp: :-n~~:; cD (".:-' (Jl \.C r) ~.-\ ~~ '-< SAIDIS. FLOWER & UNDSAY A1llJ1l1'1U!'..........lAW 26 West High Street Carlisle,PA II I AMY C. HOLSINGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION G. RAY HOLSINGER, JR. a/kJa GERALD RAY HOLSINGER, JR. : Defendant NO. 2005-1513 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under !l 3301 (c) of the Divorce Code was fiied March 21, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Compiaint. 3. I consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the p,"',"" p'" o,.C.8. "'" ~I"" '" "..om "0""""" '''''7#iJ Date b/(~D' ~ ~t ( G. ay H Isi er, r DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDERli 3301 Ie) OF THE DIVORCE CODE 1. I consent to the entry of a finai Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 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 fiied with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities, Date "(/10(" Q c~ -"~ ~~ <-::;:: '.-.; \D " D "" --l ::r: -<1. ~~;I~S ~_:~~ ),-'., ,e;. '--i! ,_~ ,-'. J ':~ l' ; ~.\ (~'"? Ul ....0 ::,... ::<. IN THE COURT OF COMMON PLEAS . OFCUMBERLANDCOUNTY STATE OF PEN NA. AMY C. HOLSINGER No. 2005-1513 . . . . VERSUS G. RAY HOLSINGER, JR. a/kJa . . GERALD RAY HOLSINGER, JR. . DECREE IN DIVORCE . . . . . AND NOW, J\jtJ( 2.0 1.00'". IT IS ORDERED AND . . AMY C. HOLSINGER DECREED THAT , PLAI NTI FF, . . . AND GERALD RAY HOLSINGER, 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 ORDER HAS NOT YET BEEN ENTERED; . The terms of the Separation and Property Settlement Agreement dated June 12, . . . 2006 are incorporated, but not merged, into this Decree in Divorce. . By THE COURT: Am~ '\. ~. ~ . . . . . J. . . . . . . PROTHONOTARY ~ P? ~ ry:<< 'll' U'-1 ~ fr J! .-r- .I.W f!P '#' LC 1