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HomeMy WebLinkAbout01-103 FX .. " <~.' ^-<:4t.' '.::+,.' '.::+~.' ~o{..:;~,' .~::.c .:;to,.. <<.:..."';:'+::< ;,:+}')'M; -.:e. .::.~;~' .::~} >i:.~; '{.f}" .::~;, ;~+~, :.:-+} _-::~) ';"~':C<::.~~::{*':x.}n.~c-::'f}~~{.}^ 0 <.':"'{<<'€7,;1 ~I Ji ~.~ ~ ~ ~ .,;.~ '."! ;;.' ~-' ~l IN THE COURT OF COMMON PLEAS ~ liil OF CUMBERLAND COUNTY ~ ~,l ~ ~~ ~ ;1' STATE OF PENNA. ;:; ~~ ~ ~( ~ ~ 0 , ~ ~'Jo~~~~.'.~::':~~~:~~.'....~~.~~;~i:~~.:::::.:..::::.::::: II No. ..~.~..~..1.~.~...... ..w........w.. 19 ~ ~ Versus Ii ~ ~ ~ ~ .~J:J:..I,.I,,!>l.J;;.:...I<F;~F;~.!.,S~.:.!.........................,.. I' ! ~ $. ~ v Defendant i ~ - .-----.--........--.........---...........................-.......-......... I ~ ~ I .- ~ ~ ~~~ ~.~ , ~,~ ~ ;.+:~ ~ i-'\ ;,~ ~ :r?: i,,:~ ~ i ~~ ~ ,', ~ ',0'. ~ ~ ~,~ ~ >~ \ fol,,",,) ~,~ ~ ~,::l ->01) ~ :'{', ,~,IJ- fI1 >f ~.~ '*' '+', ~ ~.i ~ ~ ~~~ lli ~l ~~ ~,.l ~ ~.~ @t ~.~ DECREE IN D i V 0 Ref ~11").(p ~.;v1. AND NOW, .". ~~., . (:.It:>. ......., tll.20.0.2, it is ordered and decreed that, .. . . .. .O:l!~~.~ .I:1: ..K.F!l':l~~... ....... ..... . ... .. ...., plaintiff, and............... ..~:r.~~~~!'I..E!:. ~.E:l'!'J?~!,J'!13:..............., 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; No outstanding issues; however, the Property Settlement ..... ................. .... ..... ........... ...... ...... ...... .............., A.~:r:~~!ll,":I?-~, .d.a~~?'1~J??h . ~ 9!. .299? .~l? ;i,qc but is ~.~ ~ ~ $ ~; ~ ~! ~i '1 ~ !l! ./~~' ;>>>:'. ';O~" Attest: /'? ~ J, ...m..~.~"~ ,...........................H ~J,I~ Prothonotary ----..--.--------------------------- :-; ,,::*,)0:"'3:"- -~>>}o~' "::.:;:', "':+;.,- '.:::.:> :'~:;:-"';, ',:.:.;. _'.~.. ~::.:>. '.::.;. '.:...;:., :..::+;.:-::.::..;:.:__:.:+::. ,.~:.,:";:'::.::. ;,:+::,:,,;.::,*::~ ;.::.:::.;_ :,::.::,::'~::..:y *. V ,,; ~ ~.~ ',' ~ ~ ~.~ ~ y , ,', ~ ~ ~.~ ~ ~ ~ ~.~ ~ -3..,:;y;" .CQ J 'OJtP '0',) '. .' !,..-. ~-:: ;~ 'i,.. ., . ;.. ,I. ~ M~~~.$aJI~~ 7~~$'~~' ~ . JULIE M. KENES, Plaintiff : IN THE COURTOF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-103 WILLIAM E. KENES, SR., Defendant : CIVIL ACTION - LAW : IN DIVORCE PRACEIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service signed by Defendant on January 18,2000, and attached as part ofthe record. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by Plaintiff 3-19-02 ; by Defendant 3-19-02 4. Related claims pending: NONE 5. Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: 3-19-02 Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: 3-19-02 Respectfully submitted, ~'25G <=>-!L~ Mindy S. Goodman, Esquire LD. No, 78407 2215 Forest Hills Drive - Suite 35 Harrisburg,PA 17112 (717) 540-8742 Date: :3 - j '7 . '" 1. ~ ~r :---~ rL~~~ :~ ~:-- ...1__ _ J7~ (".-.) tl": '- (:- 2 ;~.$ ~z 'ii ~t~ f.C ~~ ':5 o f:'~ '1... (".ff ~~ ~ 0.J 'c:::> -.' . ~~~ ~ . PROPERTY SETTLEMENT AGREEMENT --I-L '11\ L THIS AGREEMENT, made this ! '7 . day of ! V \...~c 2002, between JULIE M. KENES, hereinafter called "Wife" and WILLIAM E. KENES, SR., hereinafter called "Husband." WITNESSETH: The parties hereto, being Husband and Wife, were lawfully married on October 28, 1989 in Cumberland County, Pennsylvania; There were four children born of the parties' marriage, HEATHER M. KENES, born August 2, 1989, MEGAN E. KENES, born February 4, 1991, EMILY A. KENES, born September 8, 1995, and WILLIAM E, KENES, JR., born August 8, 1998; Wife is represented by Mindy S. Goodman, Attorney at Law and Husband is represented by Elizabeth B. Stone of the law firm of Stone LaFaver & Shekletski; and Diverse and unhappy differences have arisen between the parties, and it is the intention of Husband and Wife to separate for the rest of their natural lives, and 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 by specification: the settling of all matters between -, them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of each other; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt 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. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Husband and Wife to an 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 condonation on the part of either party hereto of any act or acts on the part of the 2 other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof, The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301 (c) of the Divorce Code in a Cumberland County divorce action. The parties shall execute Affidavits of Consent within thirty (30) days of the date of execution of this Agreement. 3. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, 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. 4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree that may be entered with respect to them. 5. NON-MERGER It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance, Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as 3 '. otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement, and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 6, DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement, if not signed by both parties on the same date, shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE The transfer of property, funds and/or documents provided herein shall take place within sixty (60) days of the date of execution of this Agreement unless otherwise specified herein. 8. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 4 " 9. 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 10. NONINTERFERENCE Each party shall be free from interference, authority and control, direct or indirect, by the other in all respects as fully as if he or she were single and unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable, Neither party shall molest, harass, disturb or malign the other or the family of said other, nor compel or attempt to compel the other to cohabit or dwell with him or her. 11. MUTUAL RELEASES Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim, and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of and from any and all claims in the nature of dower and curtesy or widow's or widower's rights, family exemption or similar 5 -. allowance, or under the intestate laws, or the right to take against the spouse's Will, or the right to treat a lifetime conveyance as testamentary, or all ,other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of the Commonwealth of Pennsylvania or any other state or any country, as well as any and all other claims, demands, damages, actions, causes of actions, or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by said party prior to and including the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obJigations and promises made and imposed by reason of this Agreement, and shall in no way affect any cause of action in absolute divorce which either party may have against the other party. 12, MARITAL PROPERTY The parties hereto acknowiedge and agree that they have acquired various assets during their marriage, whether the same were held jointly or individually by the parties hereto, including but not Jimited to: (a) Household goods, contents, furniture and furnishings. (b) Various bank accounts. (c) Marital Residence located at 16 Dulles Drive West, Camp Hill, Cumberland County, Pennsylvania, (d) Various motor vehicles. 6 -. (e) Various retirement accounts and benefits. 13. DISTRIBUTION OF MARITAL PROPERTY The parties hereto covenant and agree that the assets described in Paragraph 12, above, together with any other property that the parties acquired individuaily or jointiy prior to the marriage, have been or are hereby being divided and distributed between them as foilows: (a) The parties hereto have previously divided the household goods, contents, furniture and furnishings among and between themselves, After the date of execution of this Agreement, ail household items that remain in the possession of Husband shail become the sole and separate property of Husband; those household items that remain in the possession of Wife shail become the sole and exclusive possession of Wife, (b) The parties hereto acknowledge that the bank accounts have heretofore been equitably divided by Husband and Wife. (c) Marital Residence- (i) Husband shail become the sole and exclusive owner of the Marital Residence and shail be permitted to take any action with respect thereto that he deems appropriate, Wife hereby waives and relinquishes any and ail past, present or future right, title, claim and interest she may have in and to the Marital Residence, except as outlined below, Wife shail, at the time that Husband refinances, execute a quit claim deed 7 transferring all of her right, title and interest in the Marital Residence to Husband, and said deed may be recorded upon execution. The parties acknowledge and agree that no sooner than three (3) years from the date the parties filed for bankruptcy, and in no event later than five (5) years from the date the parties filed for bankruptcy, Husband shall take any and all steps necessary to refinance and/or have the mortgage transferred to his name alone. In the event that Husband is unable to refinance and/or transfer the mortgage to his name alone, the marital residence shall be listed for sale. Husband shall be entitled to retain one hundred percent of the proceeds from the sale of the marital residence. (Ii) Wife agrees that as of the date of execution, any and all title policies and any other policies of insurance with respect to the Marital Residence shall be endorsed to reflect Husband as sole owner thereof and Wife further agrees that Husband shall be entitled to receive any payments now or hereafter due under any such insurance policies, (iii) Commencing on the execution date of this Agreement, Husband shall be solely responsible for the timely payment of all costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and 8 held harmless from any liability, cost or expense, including actual attorney fees. which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the Marital Residence. (d) Automobiles - (i) Husband shall retain sole and exclusive possession of the 1991 Chevrolet Astro Van, which is presently unencumbered, Wife shall cooperate and take any and all steps necessary to transfer title of said vehicle to Husband. (ii) Wife shall retain sole and exclusive possession of the 1995 Ford Windstar, which is presently encumbered by a loan. Wife shall be solely responsible for timely payment of the vehicle loan and shall hold Husband harmless from the same. At the appropriate time, Husband shall cooperate and take any and all steps necessary to transfer title of said vehicle to Wife. (e) Retirement Accounts and Benefits - Husband and Wife each have pension benefits through their employers. The parties acknowledge and agree that Wife's pension benefits are valued higher than Husband's and therefore Wife shall transfer to Husband thirty-five (35%) percent of the value of her pension benefits as valued on the date of separation, which the parties agree to be February 1, 2000, The pension benefits shall be 9 transferred to Husband pursuant to a Qualified Domestic Relations Order to be prepared by Wife's attorney. Husband shall relinquish any and all claim or interest he may have in the balance of Wife's pension benefits and Wife shall similarly relinquish any and all claim or interest she may have in the pension benefits of Husband, 14, MARITAL DEBT The parties hereto acknowledge and agree that any and all joint debt, other than that debt identified elsewhere in this Agreement, has been discharged through bankruptcy. Any and all debt in Husband's name shall be the sole and separate responsibility of Husband, and any and all debt in Wife's name shall be the sole and separate responsibiiity of Wife. Each shall indemnify, defend and save the other harmless from debt in their individual names. 15. FUTURE OWNERSHIP OF PROPERTY Each of the parties hereto may hereafter own and enjoy, independently of any claims or rights of the other, all items of personal and real property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively in all respects and for all purposes as though he or she were unmarried. 10 16. MUTUAL RELEASES The parties hereto acknowledge that under prevailing Pennsylvania law they each have certain possible fiscal rights, including but not limited to the following: spousal support, alimony pendente lite in the event of a divorce, permanent alimony subsequent to a divorce, recovery of counsel fees, costs and expenses in the event of a divorce, and the equitable distribution of marital property, as well as the right to seek discovery of assets through interrogatories and/or depositions. It is the intention of the parties hereto that except as otherwise provided herein, all of the foregoing rights and remedies are hereby waived and forever released and that this Agreement shall have the effect of a final Order of Court relieving each party of the obligation to the other for any and all of the foregoing possibie rights and remedies, except as otherwise provided herein. Specifically, both parties covenant and agree that, except as outlined herein, both parties waive, release and forever relinquish their respective possible rights of spousai support of, from and against the other party; neither party will at any time seek alimony pendente lite, counsel fees, costs or expenses from the other party; neither party will see discovery of assets; and the parties have effected an equitable distribution of their marital property and neither will seek further distribution by any action at law or in equity. 11 17. OTHER WRITINGS Each of the parties hereto agrees to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent of this Agreement. 18. ENTIRE AGREEMENT 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. 19. LEGALLY BINDING It is the intent of the parties hereto to be legally bound hereby and this Agreement shall bind the parties hereto and his or her respective heirs, executors, administrators and assigns. 20. COSTS TO ENFORCE In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement, and both extra-judicial and judicial proceedings are commenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attorneys' fees, incurred as a result of such proceeding. l2 v 21. AGREEMENT VOLUNTARILY AND CLEARLY UNDERSTOOD Each party to this Agreement acknowledges and declares that he or she respectively: a. Is fully and completely informed as to the facts relating to the subject matter and their Agreement as the rights and liabilities of both parties; b. Has given careful and mature thought to the making of this Agreement; c, Has carefully read each provision of this Agreement; d. Fully and completely understands each provision of this Agreement, both as to the subject matter and legal affect. 22. AMENDMENT OR MODIFICATION This Agreement may be amended or modified only by a written instrument signed by both parties. 23. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the 13 ~ , satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 24. LAW APPLICABLE This Agreement shall be governed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. 25. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the paragraphs and subparagraphs herein, 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. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above, WITNESS: \' I, "\ ~ n \ 'J~,..-,> v';><S~. Mindy S. GoJctmgrr;'Esquire /~ EI~ ~";"' ~YV) ~~ ~ J "ie M, Kenes, Plaintiff t!,1 ~LK--F ~ William E. Kenes, Sr., 'Defendant 14 .- ~, , . . COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN On this, the i 4-1-L day of /\i\..fl----'- L 2002, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared JULIE M. KENES, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAl MINDY S. GOODMAN, Nolaly Public CitY of Hanisburg. Dauphin County My Commission expires May 21. :!005 ~~~S'G=.L Notary Public --. (SEAL) COMMONWEALTH OF PENNSYLVANIA COUNTY OF (! amb e"!(Jl)d SS On this, the to 'IJ! day of ~ 2002, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared WILLIAM E. KENES, SR., known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~L/ -;e. #~Jd' N ta Public ' (SEAL) 15 Ii NOTARIAL SEAL KAYE R. LUCKEY, NolaJy Public New Cumberland Born. CllIllberIand Co. ,1Iri CommlssiOll Expires March '11, 2005 . ;'. . (') c~~ ~::: -r:);r: !,'ji' :t:~ (js },:;: _.' r:--:C~' ..:::.." ~~ ~k? ~ ,,~ '." .. d "" ~cO'" .'~.) , -' N :;i ,~ fk: 4 , . - -< , JULIE M, KENES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 0/- J03 Ciu.'L '-r~ WilLIAM E, KENES, SR., Defendant : 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, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Central Pennsylvania legal Services 118 North Eighth Street lebanon, PA 17042 (717) 274-2834 JULIE M. KENES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, :NO, WILLIAM E. KENES, SR., Defendant : IN DIVORCE NOTICIA Le han Demando a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion, Usted deve presentar una apariencia excrita 0 en persona 0 por abogado y archivar en ta corte en forma escrita sus defensas 0 sus objeciones alas demand as en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR ) DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL Central Pennsylvania Legal Services 118 North Eighth Street Lebanon, PA 17042 (717) 274-2834 2 JULIE M. KENES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 0/_ J03 Ce;;J /.fl.<4m. v. WilLIAM E. KENES, SR., Defendant : IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, JULIE M. KENES, by and through her attorney, Mindy S. Goodman, Attorney at law, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, JULIE M. KENES, is an adult individual who currently resides at 88 Richland lane, Apartment T-7, Camp Hill, Cumberland County, Pennsylvania 17011. 2, The Defendant, WILLIAM E. KENES, SR., is an adult individual who currently resides at 16 Dulles Drive W, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this Complaint. 3 4. The Plaintiff and Defendant were married on October 28, 1989 in Cumberland County, Pennsylvania. 5. The Plaintiff avers that there are four children born of the parties presently under the age of 18 whose names and dates of birth are as follows: HEATHER M. KENES Born August 2, 1989 MEGAN E. KENES Born February 4, 1991 EMILY A. KENES Born September 8, 1995 WILLIAM E. KENES, JR. Born August 8, 1998 6, The parties are confident that they will be able to work out a mutually acceptable custody arrangement regarding their four children. 7. The parties have been separated since February 1, 2000 and there are no outstanding issues regarding the division of marital assets and debt. 8. Plaintiff is not in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its Amendments; however, Defendant is in the Reserves. 9, The cause of action and section of the Divorce Code under which Plaintiff is proceedings is: 23 Pa. Cons, Stat. 9 3301 (c) or, in the alternative, 23 Pa. Cons, Stat. 9 3301 (d). The marriage of the parties is irretrievably broken. After ninety days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a 4 divorce. Plaintiff believes that Defendant may also file such an Affidavit. 10. There have been no prior actions of divorce filed between the parties, 11, Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the parties to participate in counseling. 12. The parties' Social Security Numbers are as follows: Plaintiff - SS# 172-66-2508 Defendant - SS# 175-56-2693. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. Respectfully submitted, ~\J"':'-~A '?'5z;" =:> RL Mindy S. Goodman, Esquire Attorney No, 78407 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-8742 Attorney for Plaintiff 5 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. S 4904, relating to unsworn falsification to authorities~ DATE: 1/1-110\ ~~ yY), PI. p ~ Ju e M, Kenes 6 >- ~g ~I ~:,' ':i':(J '-,- ...~ :.:'"; U .;:;:) i' ~~ ~ ~ 8 I ~ ::::r ...... lvjt; ~ S ~ ~ -- q "'" :? JULIE M. KENES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. 0 i ~ /0:;' C, y, L !<e;l.,~ v, WilLIAM E. KENES, SR., Defendant : CIVil ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce filed on January 5, 2000 in the above action. BY:t0d//~ William E. Kenes, Sr. 16 Dulles Drive West Camp Hill, PA 17011 Date: j- It-dO ~}~~; -r '. -, ""~: ,), ~'C ~ ,;-,j: t;;":: ,..;::: " cS ~ ~ " ~- ~ ",-'~ :;'"?..;f: .....;:;..:..;; .. ~. .;:- .j?~ 3jfS ~~D_ <5 Q: ,:.....~ c-::: :;:;: .2..-_ C--J. C <-_eo - fl \di v\lCOnS€illtaffidavit , , JULIE M, KENES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 01-103 CIVIL TERM WILLIAM E, KENES, SR., Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1, A complaint in divorce under 5 330l(c) of the Divorce Code was filed on January 5, 2001, 2, The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint 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. 4, 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. 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. S 4904 relating to unsworn falsi fica- tion to authorities. 3~JI~oz- Date / ,//' ,,t? , /// 1i/0M~ WILLIAM E, !'_/(~ KENES, SR" Defendant ,:- 0') C c: L--: :S~, _:z: ""-', (:::J ::) '- - -- ~::; <-, .' ;: 2:' . '- 2l: -- ':::': r. ',,l -, 'I' ;-:;: :s:: --'"'. -.; (I) !:q c,' ;;-: -~~ '''' .. , c.::: '~J CiJ '-'- j.- :::~ :~~ Q -- " 04 :::> (5 '- (;) , :l\div\lwaivBrnotice , .. ~< JULIE M, KENES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01~103 CIVIL TERM WILLIAM E. KENES, SR., Defendant CIVIL ACTION LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(0) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary, I verify that the statements made in this affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa, C.S, 5 4904 relating to unsworn falsifica- tion to authorities, '3 -i~-oZ- Date ~r~~, WILLIAM E, KENES, SR" Defendant c 'x; ::"'- o ;.of ~ (") Lr.: ,- ~~ =-;~.::r: ':':1'7 ,.., ~'_:"'. - ...~~ -" ~1::::J '~~(:j 1,- -.~ >CJdJ ~g(:1- ~ -~ o A:'J ~T-: <".\ c~:::: ,,-~ :,L:, r-J ~ ~ < .. "';;' JULIE M. KENES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-103 WilLIAM E. KENES, SR., Defendant : CIVil ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 330l( c) OF THE DIVORCE CODE 1. A Complaint in divorce under S 3301 (c) ofthe Divorce Code was filed on January 5, 2001. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service ofthe Complaint 3. I consent to the entry of a final decree of divorce without formal notice of the intention to request entry of a divorce decree, 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 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, Cons, Stat S 4904, relating to unsworn falsification to authorities. Date: 3/'9/62:- ~///~~ ie M. Kenes, Plaintiff ~ C<) ?-= <~ "- z. '0 (-.:J :=>4; 8-c ~ ,7.: ~ ~ - 0::: o~ ''- ~ - 0\:'-' 319- " ' -~ - 1'1' ('J , 1 t~- _ 0::7.: :"-'1 ex; U1UJ- U-_- ...:;;!.- ~D- , :;C 1';_ "" 6 0 C> . ~, . ~. JULIE M. KENES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-103 WilLIAM E. KENES, SR., Defendant : CIVil ACTION - lAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice, ? I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy ofthe Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. S 4904, relating to unsworn falsification to authorities. Date: 3/ jqla2.. ~/' /-€, /17 .16' fAu/:; J e M. Kenes, Plamtlff b; ~ w':..-~ C.)~ a:~.' QC' Dt'- U!c- ti~,-' t-- IF (") In ~,' l0- a ~ 0:: .i::: z :::::l< Oz (J< ~~ ~t if) ,JZ ;;:;Z ttrB:::' :::;: 3 ~ N ~ :.c N C) ~: , f. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA JULIE M. KENES, v. : No. 01-103 WilLIAM E, KENES. SR., Defendant : CIVIL ACTION - LAW : IN DIVORCE DIVORCE INFORMATION SHEET Pursuant to Act 2001-82, in lieu of the Vital Statistic Forms, Plaintiff provided the following information: Docket Number : 01-103 Plaintiffs Name : Julie M. Kenes Plaintiffs Social Security Number : 172-66-2508 Defendant's Name : Bruce S. Dawson Defendant's Social Security Number : 175-56-2693 Years Married : Twelve (Date of Marriage 10-28-89) By: ~-S 6""""M---- Mindy S, Goodman Attorney at Law 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112_ (717) 540-8742 Attorney for Plaintiff JULIE M. KENES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-103 WilLIAM E. KENES, SR., Defendant : CIVil ACTION - LAW : IN DIVORCE SOCIAL SECURITY DISCLOSURE Plaintiff provides the Court with the following information in accordance with the laws of the Commonwealth of Pennsylvania: Plaintiffs Social Security Number is 172-66-2508. Defendant's Social Security Number is 175-56-2693. Respectfully submitted, ~~--~ Mindy S. Goodman Attorney at law 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 Attorney for Plaintiff ~, ~ >1'""::;< "' b' N~ 92Dtl3 JULIE M. KENES, Plaintiff : IN THE COURT OF CDMMONl'LEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 2001-103 CIVIL TERM WILLIAM E. KENES, SR, Defendant :CIVIL ACTION - LAW : IN DIVORCE ORDER AND NOW, TillS ;J.l~ day of November, 2003, the attached Stipulation and Agreement dated May 30, 2002, of the parties in this case is incorporated, but not merged, into this Order of Court. J. c$ ';{@:} \yc;} y ~ flLED--or:FJCE - Of- -, ,~ N"'-' ,~. '~T^.~:Y . I ~r +--~- .1 .~" '~\il) K ,,_. - ",j .~.'i" ." 03 NO\! 2 I All! I: I 2 CUM8ERLN',D COUNTY PENNSYLVANIA '~ , , JULIE M. KENES, Plaintiff :IHTHE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2001-103 CIVil TERM WilLIAM E. KENES, SR., Defendant : CIVil ACTION - lAW : IN DIVORCE STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" . i1-- AND NOW, this :30 -day of hI~ ,2002, JULIE M. KENES, Plaintiff, and WilLIAM E. KENES, SR., Defendant, do hereby Agree and Stipulate at follows: 1. The Plaintiff, JULIE M. KENES, (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred to as "SERS), 2, SERS, as a creature of stat~s controlled by the State Employees' fo. Retirement Code, 71 Pa. C.S.995101-5956 (hereinafter referred to as "Retirement Code"). 3. Member's date of birth is July 5, 1970, and her Social Security Number is 172-66-2508. 4. The Defendant, WilLIAM E. KENES, SR., (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate 1 Payee's date of birth is November 4, 1966 and his Social Security Number is 175-56-2693. 5. Member's last known mailing address: Julie M. Kenes 3614 Golfview Drive Mechanicsburg, FA 17050 6. Alternate Payee's current mailing address is: William E. Kenes, Sr. 16 Dulles Drive West Camp Hill, PA 17011 It is the responsibility of the Alternate Payee to keep a current mailing address on file with SERS at all times. 7. Alternate Payee's share of the Member's retirement benefit is thirty-five (35%) percent of the value of Member's retirement benefit that had accrued as of February 1, ~~2~e parties' date of c+?,:v separation, ;J ~ . 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member of SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS as a result of a disability which occurs before the Member's marriage to Alternate Payee of after the date of the Member and Alternate Plilyee's final separation, Member's retirement benefit does not include any 2 , deferred compensation benefits paid to Member by SERS. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph Seven (7), shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date the Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative, of nay Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion rBalance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, 3 ~ If the last Nomination of Beneficiaries ~filed by Member i. prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names an Alternate Payee as beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the-Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. ii. In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to SERS which will allow the Alternate Payee to check that she has been and continues to be properly nominated under this Paragraph. 4 .' 10. The term and amounts of Member's retirement benefits payable to the Alternate Payee after SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement is dependent upon which option(s) is (are) selected by Member upon retirement. Member and Alternate Payee expressly agree that Member may select any retirement option offered by SERS under the Retirement Code at the time Member files an Application for Retirement Allowance with SERS. 11, Alternate Payee may not exercise any right, privilege or option offered by SERS, SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee prior to receipt of all of her payments payable to her from SERS under this Order, any death benefit or retirement benefit payable to AlternatePayee by SERS shall be paid to Alternate Payee's Estale talhe extent of Alternate Payee's equitable distribution portion of Member's retirement benefit as set forth in Paragraphs Seven through Nine. 13. In no event shall Alternate Payee have greater benefitsc or rights other than those that are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by 5 .' SERS as provided in this Order. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Order are preserved for Member. 14. It is specifically intended and agreed by the parties hereto that this Order: Does not require SERS to provide any type of benefit, or any option, not otherwise provided under the Retirement Code; ii Does not require SERS t6 provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than actuarial values, 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pemnsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreernent, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that no such 6 ."" !' - ~ -- - - --- . amendment or right of the Court to so amend will invalidate this existing Order. 17. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. The Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until further Order of Court. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. ~~~~'- Mindy S. Goodman Attomey for Plaintiff 1 ember Jutr; ~e~* p~ber -">.JL.,L) ~~~"#? diLl' ~ w~ Kenes, Sr., t/Alternate Payee Defendant/Alternate Payee 7 \ \ \, '>-= c:> ~ b;. ~~- B~ wG.- L.J_~"" ;:C O~ 0: ":-:~ "'- 03 '-1 -""- ("")1.--:; -;::~>:: 2:,':: cD ~l ,;..Ji'S::. _.~\ L-.w - W '-'--.::~- Q Q:\ n.. 2' :;c: ?5- :5 C'0 0 0 -;;..<~ ~~":f. ~)>