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HomeMy WebLinkAbout99-04570;:,? ,'± IN. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ,. PENNA. ANDREA KENNEDY. Plaintiff I N O. 99-4510 CIVIL TERM VERSUS BRUCE L. KENNEDY. Defendant DECREE IN DIVORCE AND NOW, • ' IT IS ORDERED AND DECREED THAT Andrea K nnpdy PLAINTIFF, AND Bruce T., Kennedy , 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 parties' Separation and Property Settlement Agreement dated AnriI 2000, is incorporated herein but not merged. t '?i3 N,e 99.'1sw C.i. SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of A e v- ( , 2000, by and between ANDREA KENNEDY, of 47 Kings Wood Terrace, Carlisle, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Wife, " AND BRUCE L. KENNEDY, of 302 North Baltimore Avenue, Mount Holly Springs, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Husband, " WITNESSETH: WHEREAS, Husband and Wife were married on October 5, 1974, in Allegheny County, Pennsylvania; and WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had fill and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE 1 SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE 11 DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased eaming power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Persona! Property. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties further acknowledge that they have the cash, accounts, or other tangible and intangible property in their possession that they wish to have and neither will make any claim whatsoever against the other party for any other items of personal property or assets that are in the other party's possession. 3.4 Lj& Insnrar+ce. Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other party. Each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any other incidents of ownership of their respective policies free of any right or claim by the other party. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policies. More specifically in consideration of the fact that Husband shall retain sole ownership and possession of a certain life insurance policy through The Equitable through policy number 75 357 128, The Equitable through policy number 76 355 160, New York Life through policy number 36 392 986, and USA Group through account number 183-38-9184-001, Husband shall compensate Wife in the amount of $2,000.00. This $2,000.00 nontaxable equitable distribution payment shall be made contemporaneously with sale and settlement of the parties real estate as described in paragraph 3.6 below. Under no circumstances shall Husband be permitted to delay payment to Wife of the $2,000.00 required pursuant to this paragraph beyond sixty (60) days from the date of final settlement of the sale of the parties last of the two parcels of real estate as described in paragraph 3.6. 3.5 SubseQuen* Acquired Property. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Rea! Estate. (A) The parties are joint owners of real estate located at 156 Stonehouse Road, Carlisle, Cumberland County, Pennsylvania, for which prospective purchasers by the name of Lewis and Thelma Fink are known to the parties. Mr. and Mrs. Fink have proposed a purchase of the property of 156 Storehouse Road for a purchase price of $60,000 which the parties shall accept. The parties are in the process of preparing and submitting an Agreement of Sale for the Fink's signatures and for the signature of the parties herein for purposes of selling the aforesaid property at the price indicated herein. At the time of sale of the aforementioned property the parties shall pay in full all routine settlement expenses and the payoffs of the mortgage on the property due and owing to Harris Savings Bank. In addition, in the event that the settlement on the sale of the 156 Stonchouse Road property is made prior to the sale of the parties' property located at 302 North Baltimore Avenue, Mount Holly Springs, Cumberland County, Pennsylvania, it is understood that the "blanket mortgage" on the two parcels of real estate due and owing to PNC Bank shall be paid in full from the sale of the 156 Stonehouse Road property. Pending the sale of the aforesaid real estate, Husband shall be solely and exclusively obligated for maintaining the mortgage, taxes and insurance on the property in current status as may be required pending sale of the property. At the time of the final settlement on the sale of 156 Storehouse Road, the net proceeds of sale shall be divided with Wife receiving 55% of the net proceeds and Husband receiving 45% of the net proceeds. In addition, though, any proceeds designated to be received by Husband from the sale of the property shall be applied toward his additional financial obligations to Wife as described hereinbefore in paragraph 3.4 and hereinafter in paragraph 3.7. (B) In addition, for a period of one month from the date of execution of this agreement, the parties shall attempt to privately sell their real estate located at 302 North Baltimore Avenue, Mount Holly Springs, Cumberland County, Pennsylvania. The aforementioned property has an appraised value of $88,000.00 which the parties are going to use as an estimated value for purposes of securing a purchaser for the property. In the event the parties are unable to secure a purchaser through the attempted private sale of the property, they shall secure the services of a mutually selected realtor. Upon signing the Listing Agreement for the sale of the property at the appraised value or greater, the parties will abide by the recommendations of the selected rcaltor for purposes of selling the aforementioned property. At the time of sale and final settlement of the property at 302 North Baltimore Avenue, all routine settlement expenses shall be paid and, if the outstanding mortgage due and owing to PNC Bank is still remaining due, that mortgage shall be paid off. Pending the sale of aforesaid real estate at 302 North Baltimore Avenue, Husband shall be solely and exclusively responsible for maintaining the mortgage taxes and insurance in current status. At the time of final settlement of the sale of 302 North Baltimore Avenue, the net proceeds of the sale shall be divided by Wife receiving 55% of the net proceeds and Husband receiving 45% of the net proceeds. In addition, though, any proceeds designated to be received by Husband from the sale of the property shall be applied toward his additional obligations to Wife as described hereinbefore in paragraph 3.4 and hereinafter in paragraph 3.7. (C) Upon final sale and settlement of the two parcels of real estate described above, Wife shall receive 55% of the net proceeds of both sales hereinafter described, a nontaxable equitable distribution payment in the amount of $2,000 for consideration of the cash value of life insurance policies retained by Husband (paragraph 3.4), a nontaxable equitable distribution in the amount of $13,669 as consideration for Wife's interest in Husband's AMP Defined Benefit Plan and a nontaxable equitable distribution payment in the amount of $17,545 for Wife's interest in Husband's AMP 401(k) Retirement Plan (paragraph 3.7). In the event that the proceeds due to Husband in the sale of the aforementioned real estate are not sufficient to cover these additional debts, Husband shall have sixty (60) days from the date of final settlement on the second of the properties sold pursuant to this Agreement to compensate Wife for the additional sum due as described herein and as required by paragraph 3.4 above and 3.7 below. In recognition of the fact that their will be tax consequences from the sale of the property of 302 North Baltimore Avenue, the parties agree that upon the final sale of 302 North Baltimore Avenue they shall use the services of a mutually selected accountant for purposes of determining the tax consequences to Wife by Wife accepting all tax consequences associated with the sale of 302 North Baltimore Avenue property. Wife's estimated Federal, State, and Local Income Tax Returns shall be prepared for purposes of determining her anticipated tax consequences without including any of the proceeds of the sale and then with 100% of the net proceeds of the sale included. The parties shall then determine the approximate amount of 55% of the difference in the tax consequences between Wife's claiming all the proceeds of the sale of 302 North Baltimore Avenue property, and Wife's claiming no proceeds of the sale of 302 North Baltimore Avenue property. That figure of 55% of the difference in the tax through Wife claiming 100% of proceeds of the sale shall be held from any net proceeds to which Husband would otherwise be entitled from the sale of either of the parties' parcels of real estate. That sum shall be held in escrow in an interest bearing account by counsel for Wife until the year February 2001 when Wife shall prepare her final year 2000 Federal, State, and Local Income Tax Returns. Wife's accountant shall then prepare Wife's final tax return for the tax year 2000 following two procedures: (a) including all of the proceeds of the sale of the property at 302 North Baltimore Avenue, and (b) without consideration of any of the proceeds from the sale of 302 North Baltimore Avenue. The 55% of the difference in these two tax obligations shall then be compensated to Wife from the sum escrowed by Wife counsel as described herein. In the event additional proceeds are due on this tax issue from Husband beyond the proceeds escrowed pursuant to this formula Husband shall, within fifteen (15) days of notification of the sum due, compensate Wife the additional amount so that he will have provided 55% of the difference in the two tax returns hereinbefore mentioned. Wife shall then be obligated for the 45% balance of the difference between the two tax returns. In the event that the total tax obligation is overstated, then Husband shall be refunded any remaining amounts that were escrowed to cover his portion of the said obligation within two (2) days of Wifc's filing of her tax return. 3.7 Pension. Retirement. Pro tt liarii: Husband has invested in a Thrift Savings Plan through his employment with AMP, certain proceeds which were accumulated during the parties marriage. Husband shall compensate Wife in the amount of $17,545 as a nontaxable equitable distribution cash payment for any and all interest Wife has in the aforementioned AMP savings and thrift plan individually or through her marriage to Husband. This payment shall be made from the net proceeds from the sale of the parties' real estate, which would otherwise be provided to Husband pursuant to paragraph 3.6 above. In addition, Husband is vested in the AMP Incorporated defined benefit pension Plan and had earned a benefit with an estimated present marital value of $24,853.92. In full and final consideration of any and all right, title, and interest Wife has or may have in the aforementioned retirement plan, Husband shall compensate Wife as a nontaxable equitable distribution payment in the amount of $13,670. Payment of this sum shall be made by husband from the net proceeds of the sale of the parties' real estate which he would have otherwise be provided pursuant to paragraph 3.6 above. In the event that Husband does not have sufficient proceeds from the net proceeds of the sale of the parties' real estate, he shall compensate Wife within sixty (60) days from the date of the latter settlement on the parties' two parcels of real estate to compensate Wife the balance due pursuant to the terms of this paragraph. In addition, Husband has vested in a military pension through his prior service in the United States Air Force Reserves. In order to compensate Wife for her interest in Husband's military retirement, the parties acknowledge that the coverature fraction for purposes of determining the marital portion of Husband's military pension is 59.6%. Counsel for Wife shall prepared a Domestic Relations Order (DRO) for purposes of providing for the distribution of the sum of 55% of the marital portion of Husband's military pension (32.72% of disposable retirement pay) which payment for Wife shall begin contemporaneously with Husband receiving his retirement benefit from the United States Air Force, which shall occur in approximately August 2009. It is acknowledged that during the parties' marriage Husband earned 1,681 retirement points out of a total of 2,821 retirement points earned. This fraction shall be used for purposes of determining the marital portion of Husband's military pension. Both parties shall cooperate in executing the DRO as it is prepared as well as any amendments for acceptance of the DRO by the United States Air Force payment center. Husband may select any retirement option available to him at the time of his retirement as long as the retirement option selected does not reduce Wife's monthly benefit pursuant to the agreed upon formula. in addition, Husband has acknowledged that he does not wish to select a survivor benefit plan at the time of his retirement and, therefore, shall secure and maintain a life insurance policy on his life in an amount of no less than $40,000. However, this insurance policy shall be a decreasing term death benefit policy providing for a sufficient pay-out upon Husband's death to provide Wife with an amount equal to the value of Wife's portion of the remaining pension. Wife shall be the irrevocable beneficiary of that life insurance policy. Husband shall provide Wife with documentation reflecting the fact that he has secured and is maintaining such a life insurance policy to compensate Wife in the event of Husband's premature death. In the event that Wife predeceases Husband, his obligation to maintain the within referenced life insurance policy shall immediately cease. In addition, Husband has now placed Wife on his retirement plan with the United States Air Force such that should he die prior to his retirement Wife shall receive the benefits available to her as his surviving spouse or surviving former spouse. Husband must maintain Wife as the beneficiary on his military retirement until such time that he has provided documentation to Wife reflecting the fact that he has secured and is maintaining the life insurance policy on his life as described above. Except as hereinbefore set forth, both parties waive, relinquish, and transfer any and all right, title and interest that they have in the other party's pension, retirement account, profit-sharing account or any similar account presently in existence. Each party shall execute any and all documents necessary to waive, relinquish, or transfer their rights in the other parties retirement plan. This includes not only pension, profit-sharing, or retirement plan accumulated by the parties through their employment, but also any individual account established by the parties. 3.8 V hi l s. The parties have retained sole ownership and possession of any vehicles that were purchased since their separation, which they intend to retain as their sole property. Neither Husband nor Wife will make any claim of any nature whatsoever against the other party for vehicles retained by the other party. 3.9 Intangible Personal Property The parties have already transferred or waived rights and interest in their intangible personal property including their various bank accounts, credit union accounts, and the like. Neither party will make any claim of any nature whatsoever against the other relative to financial accounts or other investments or intangible personal property that have already been retained by the other party. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT, CHILD SUPPORT AND MAINTENANCE 4.1 The parties herein acknowledge that they have each secured and maintained a substantial and adequate fund from which to provide themselves sufficient resources to provide for their own comfort, maintenance and support in the station of life in which they are accustom. Husband and Wife do hereby waive, release and give up any rights they may have, respectively against the other, for alimony, alimony pendente lite, spousal support or maintenance. 4.2 Husband and Wife specifically waive, release and give up any rights for alimony, alimony pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations Code. DEBTS OF THE PARTIES 5.1 The parties acknowledge that at the time of their separation they had certain debts that were assumed by one party or the other. More specifically Husband assumed responsibility for the repayment of the credit cards due and owing to First Union or Core State as well as a credit card debt due and owing to USFCA. Wife assumed responsibility for repayment of two VISA card accounts and a JC Pennys credit card account. In consideration of the sums paid by each party, Wife agrees that from the total net proceeds provided to her pursuant to the terms of paragraphs 3.4, 3.6, and 3.7 above, shall be deducted the sum of $1,500.00, which shall be compensated to Husband as consideration for the disproportional share of marital debt that he paid on the above referenced debt. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of ounce!. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, being Bradley L. Griffie, Esquire for Wife and Charles Rector, Esquire for Husband. The parties acknowledge that they have either received independent legal advice from counsel of their own selection, that they fully understand the facts and have been fully informed as to their legal rights an obligation or otherwise understand those legal rights and obligations. They acknowledge and accept that this Agreement is, in the circumstances, fair an equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. 6.1 Counsel fees. Each party agrees to be responsible for his or her own legal fees and expenses, and each party hereby agrees to waive any claim for alimony, alimony ep ndente lite, counsel fees, expenses or costs. 6.3 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or 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 (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 6.4 Ban&MpNv. The parties agree that any and all financial obligations assumed herein shall not be subject to discharge through bankruptcy proceedings. This includes, but is not limited to, all financial obligations assumed under paragraphs 3.4, 3.6, 3.7, and 5.1 of this Agreement. In the event either party attempts to avoid financial obligations described herein through bankruptcy proceedings the other party shall have an independent claim against the party claiming bankruptcy. Further, all rights available to the other party provided for in paragraph 6.14 hereinafter shall be available to the party not filing bankruptcy. 6.5 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.6 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.7 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 6.8 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.9 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.10 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.11 Severer If any term, condition, clause, section, 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 obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.12 It is specifically understood and agreed that this Agreement constitutes and equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.13 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which the party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.14 Efbrceabf U and Qnsideration This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of 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. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. In the event of breach, the non breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ANDREA KENNE Y 'BRUCE L. KEN) E Y COMMONWEALTH OF PENNSYL VAN/A COUNTY OF CIAI'hbtr'lctna/ SS On this the <b day of App, / , 2000, before me, the undersigned officer, personally appeared ANDREA KENNEDY known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. car aeeo%LetunB"c, ww?c ?LLL9<f ?-D OLe?vl??t? My Conxrllasbn Exgrea Aug. COMMONWEALTH OF PENNSYLVANIA COUNTY OF (0 1`1 b9 Y IC1 nG( SS On this the lbo day of {f. 'I I , 2000, before me, the undersigned officer, personally appeared BRUCE L. KENNEDY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, 1 hereunto set my hand and official seal. Notarial Seal kansa J. Lehman, Notary Public Cadisla Boro, Cumberland Coonty MY Commission Explres Aug. 25, 2003 ?= ?? _- - ` ' c .i V ANDREA KENNEDY, Plaintiff V. BRUCE L. KENNEDY, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4570 CIVIL TERM IN DIVORCE 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) (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Service of the reinstated Complaint in Divorce was made by certified mail, restricted deliver on December 11, 1999, to the Defendant. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: April 7, 2000 by Defendant: April 7, 2000 (b) (I) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiffs affidavit upon the respondent: 4. Related claims pending: none 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: (b) Date of plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: April 10, 2000 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: April 10, 2000 Gr' ie, Esquire ASSOCIATES for Plaintiff r`' ?- - =: - _? _ .- ... ?''-i u i? ?:- _, J ) _ U ANDREA KENNEDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW BRUCE L. KENNEDY, : NO. W 4-5"o CIVIL TERM Defendant : IN DIVORCE 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 will proceed without you and a decree of divorce or annulment may be entered against you for any 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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. Cumberland County Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 ANDREA KENNEDY, Plaintiff VS. BRUCE L. KENNEDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.CP- y5-7U CIVIL TEfun IN DIVORCE 1. Plaintiff is Andrea Kennedy, an adult individual currently residing at 156 Stonehouse Road, Carlisle, Cumberland County, Pennsylvania. She has lived there since 1979. 2. Defendant is Bruce L. Kennedy, an adult individual currently residing at 302 North Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania. He has lived there since 1993. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 5, 1974 in Allegheny County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff and the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court requires the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce pursuant to Section 3301 (c) of the Domestic Relations Code. ll. Paragraphs l through 10 above are incorporated herein by reference as is set forth in their full text. 12. The parties have been separated since approximately January 19, 1993 and have continued to live separate and apart since that time. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce pursuant to Section 3301 (d) of the Domestic Relations Code. 13. Paragraphs 1 through 12 above are incorporated herein by reference as is set forth in their full text. 14. The parties are owners of real estate located at 156 Stonehouse Road, Carlisle, Cumberland County, Pennsylvania, and real estate located at 302 North Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania. 15. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 16. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide their marital property and equitably apportion their debts. 17. Paragraphs 1 through 16 above are incorporated herein by reference and set forth in their full text. 18. Plaintiff is unable to provide for or afford her counsel fees, expenses, and costs during the pendency of this divorce action and through resolution. 19. Plaintiff is without sufficient property and otherwise unable to financially support herself despite being employed. 20. Defendant is presently employed and receiving a substantial income and benefits and is able to pay for counsel fees, expenses, and costs as well as alimony and alimony pendente lite for Plaintiff. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order requiring Defendant to pay Plaintiffs counsel fees, expenses, and costs as well as providing for payment of appropriate alimony and alimony pendente lite to Plaintiff. Respectfully submitted, GRJEFJE, & ASSOCIATES Esquire 000-North'Hanover Street Carlisle, PA 17013 (717) 243-5551 (800)347-5552 I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein made are subject to the penalties of 18 PA.C.S. Section 4904 relating to unswom falsification to authorities. DATE: 7"o?a .9 / --N RE? oiaintc? A D A KENNEDY, Plaintiff 0. E v~i IZ N: Lu _C S a L N ? t... U cn Q, U R o- r ANDREA KENNEDY, Plaintiff V. BRUCE L. KENNEDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4570 CIVIL TERM IN DIVORCE A. Complaint in Divorce under §3301 (c) of the Divorce Code was filed on July 29, 1999, and reinstated on November 22, 1999. Service of the Complaint was made by certified mail, restricted delivery on December 11, 1999, to Defendant. 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 VERITY THAT THE STATEMENTS MADE IN THE FOREGOING 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. DATE: ?L-7 ozya? 4" ANDREA KENNEDY, Plaintif ANDREA KENNEDY, Plaintiff V. BRUCE L. KENNEDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4570 CIVIL TERM IN DIVORCE A. Complaint in Divorce under §3301 (c) of the Divorce Code was filed on July 29, 1999, and reinstated on November 22, 1999. Service of the Complaint was made by certified mail, restricted delivery on December 11, 1999, to Defendant. 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 VERITY THAT THE STATEMENTS MADE IN THE FOREGOING 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. DATE: % -7-, 00 x, w -2 -?i BRUCE L. KENNEDY, Defen#t •, _ ;__ '_ ;': J ` ? ?. ^ _ ? ?_) . ANDREA KENNEDY, Plaintiff V. BRUCE L. KENNEDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4570 CIVIL TERM IN DIVORCE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that 1 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 1 will not be divorce 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 files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. DATE: 9 I -7 /U? ANDREA KENNEDY, Plaintiff O'j Q ? .1 ?J ANDREA KENNEDY, Plaintiff V. BRUCE L. KENNEDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4570 CIVIL TERM IN DIVORCE I consent to the entry of a final decree in divorce without notice. 2. I understand that 1 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 divorce 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 files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. DATE: -1-7-,2900 C` BRUCE L. KENNEDY, Defend$n __ r•) _ ,.:. C. __ ?? =i ??1 ?L -, / _.. l_) ANDREA KENNEDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW BRUCE L. KENNEDY, NO. 99-4570 CIVIL Defendant IN DIVORCE PRAECIPE Please reinstate the divorce action previously filed in the above captioned matter on behalf of the Plaintiff, Andrea Kennedy. Respectfully submitted, DATE: l I / y 9 ?j /4Z riff squire Attor ey fo aintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 cr- a %n -- o f a LLJ N co z C 6t' y ? rr n a C U ANDREA KENNEDY, Plaintiff VS. BRUCE L. KENNEDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4570 CIVIL IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this j t9 day of iJ1..1 , 1999, comes Bradley L. Griffie, Esquire, attorney for Plaintiff, Andrea Kennedy, and states that the Defendant, Bruce L. Kennedy, was served with a true and attested copy of the Complaint in Divorce by certified mail, restricted delivery on December 11, 1999. Respectfully submitted, GRIFFIE & ASSOCIATES Sworn and subscribed to this / jfJ' day of Notary Pu c 200'N?W Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Notarial Seal Robin J. Goshom, Notary Public riAlsle Pnro, Cumberland County PAS 4omrt•c:••i,.? 'wyowas Apr. 17, 2003 Z 452 478 801 US Postal Service Receipt for Certifiea man o Insurance Coverage Provided. o not use for international Mail See reverse to L• NunMbar I!S r LI Restricted Dehery Fee 119, 75 N q Rdum Receipt Showing to Whom B C, A 8 TAste ON I 0 y ;c>S ? a •Crte Marro 3,41a. and 4b. •r' I also wish to receive the 8 'Port wW ndne and eddre..mme nwn.atly. rom,wtnar ws can rdum we follchving seMCes(for an ?t ardb WyoU. extra fo • Cb pAprerNemwMNt,,wr brm to the horn Of the M11110100, a en the bath N pa e): ce doer m d A ' 1 ddrerieee • e Address •Wdb'RaNm Recalpt Ragummolm the mail atha Return Receipt will mew to whom she ankle wes below odm".mo an°d w"n0as a z. ?4 Reeirlated Delivery delivered . S 3 Article Addressed t o: Consult poabneeter for fee. ' ' B i UTe11Y1•Q 4a Article Number ? QI ? 4b. SerNce 7ype yE? c ? Registered Cerg9ed 13 ? ReNm R i y4 . ece pt for Akrdlendso 13 COD 7. Date f Del Ned By. (?nnt NemeJ L I r' ` t e. de s reae(onrynre ( ?Qrlr 6. Sign : (Add an quested and fee 49 nerd) gent) a X PS Fo 11, D in r 1994 702595-97-00179 Dornaatlr nuh -. rl C C N C)t 1 L'7 in L ?Jllj iC _ LI C m J U ANDREA KENNEDY, Plaintiff V. BRUCE L. KENNEDY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 994570 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Please withdraw my appearance on behalf of the Defendant, Bruce L. Kennedy, in the above-captioned matter. Please enter my appearance on behalf of the Defendant, Bruce L. Kennedy, in the above-captioned matter. RESPECTFULLY BMITTE , C rles Rector E quire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date: :; ?.. ?:. _ -- s ;, ANDREA KENNEDY, IN THE COURT OF COMMON PLEAS OF Plaintiff(Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 99 -4570 CIVIL TERM BRUCE L. KENNEDY, IN DIVORCE Defendant/Respondent DR# 29,322 Pacses# 440101896 ORDER OF COURT AND NOW, this 13u' day of January. 2000, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on February 17, 2000 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as riled (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.1 Uri (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 1-13-00 to: < Respondent Matthew Eshelman, Esquire Bradley Griffie, Esquire Date of Order: January 13. 2000 R. J. Sha day, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE. PENNSYLVANIA 17013 (717) 249-3166 00JAr! I9 ;i;. y: rr CUhforc,;?s,. r'GJi pE?Vr?SYL1gN!q ?? ANDREA KENNEDY, Plaintiff V. BRUCE L. KENNEDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4570 CIVIL IN DIVORCE PETITION FOR ALIMONY PENDENT E ITE. INTERIM COUNSEL FEES. AND EXPENSES AND NOW, come Petitioner, Andrea Kennedy, by and through her counsel of record, Bradley L. Griffie, Esquire, and petitions the Court as follows: 1. Your Petitioner is the above-named Plaintiff, Andrea Kennedy, an adult individual currently residing at 156 Storehouse Road, Carlisle, Cumberland County, Pennsylvania. 2. Your Respondent is the above-named Defendant, Bruce L. Kennedy, an adult individual currently residing at 302 North Baltimore Street, Mt. Holly Springs, Cumberland County, Pennsylvania. 3. Petitioner's birth date is September 26, 1951, and her social security number is 181- 42-6462. 4. Respondent's birth date is August 16, 1949, and his social security number is 183-38- 9184. 5. The divorce action filed to the above-docketed number in the Court of Common Pleas of Cumberland County requests a divorce based upon Sections 3301(c) and 3301(d) of the Domestic Relations Code. 6. Petitioner has employed counsel and will incur costs and expenses in pursuit of the aforementioned divorce action but is without sufficient assets or income to support herself, pay her attorney's fees, or the cost and expenses associated with this action. 7. Respondent has sufficient income and earning capacity, as well as assets to support the Petitioner and to pay alimony pendente lite to Petitioner, as well as payment of her counsel fees, costs, and expenses. WHEREFORE, Petitioner requests your Honorable Court to enter an Order of alimony pendente lite, interim counsel fees, costs and expenses in this matter. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Respectfully submitted, I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: j OI -1 q - ? q ANDREA KENNEDY PETITIONER: Andrea Kennedy DOB: September 26, 1951 SSN:_ 181-42-6462 ADDRESS: 156 Stonehouse Road Carlisle. PA 1701 PHONE:. (717) 243-7814 ATTORNEY: Bradley riffs . Esquire PETITIONER'S EMPLOYMENT:-. Giant Foodstores Inc HOW LONG: NET PAY: $350.00 PER: week JOB TITLE: (part-time) 6 years OTHER INCOME (AMOUNT, SOURCE): None RESPONDENT: Bruce L Kennedy DOB: August 16 1949 SSN: 183-38-9184 ADDRESS: 302 North Baltimore Street Mt Holly Spr'ngs PA 17062 PHONE: ATTORNEY: Matthew J Eshelman Esquire qri b, C( RESPONDENT'S EMPLOYMENT: AMP HOW LONG: 17 years NET PAY: $4-500.00 PER: month JOB TITLE: OTHER INCOME (AMOUNT, SOURCE): Rental Property WHEN MARRIED: 1015/74 WHERE: Allegheny County, PA DATE SEPARATED: 1/19/93 WHERE LAST LIVED TOGETHER: Cumberland County FOR DRS INFORMATION ONLY ANDREA KENNEDY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 99 - 4570 CIVIL TERM BRUCE L. KENNEDY, IN DIVORCE Defendant/Respondent DR# 29,322 Pacses# 440101896 ORDER OF COURT NOTICE OF RESCHEDULED CONFERENCE AND NOW, this 8u' day of February, 2000, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R .J. Shadday on March 7, 2000 at 9.00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (l) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 2-8-00 to: < Respondent Charles Rector, Esquire Bradley Griffie, Esquire Date of Order: February 8. 2000 'R ?ha ` -j . J. dday, Conference Officer U YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717)249-3166 w APR 1 3 200( Andrea Kennedy IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW Bruce L. Kennedy NO. 99-4570 Defendant IN DIVORCE DOMESTIC RELATIONS ORDER 1. The parties acknowledge that Bruce L. Kennedy is currently accruing a military retirement benefit based on his service in the United States Air Force. The parties further agree that his former spouse, Andrea Kennedy, has an interest in the military retirement benefits and shall receive from Bruce L. Kennedy's disposable military retired pay an amount as set forth below. Further, Bruce L. Kennedy shall assist Andrea Kennedy in submitting any application(s) necessary to secure her share of his disposable military retired pay as awarded herein. 2. The Participant's name, mailing address, Social Security number and date of birth are: Bruce L. Kennedy 302 North Baltimore Avenue Mount Holly Springs, PA 17065 Social Security No.: 183-38-9184 Date of Birth: 3. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Andrea Kennedy 47 Kin ssvood T3rrace Carlisle,W 17013 Social Security No.: 181-42-6462 Date of Birth: 4. The Participant assigns to the Alternate Payee an interest in the Participant's disposable military retired pay. The Alternate Payee is entitled to a direct payment in the amount specified below and shall receive payments at the same time as the Participant. 5. The Participant's rights under the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. §521) were observed by the Court as evidenced by the presence of his legal counsel at the proceedings. 6. This Order assigns to the Alternate Payee an amount equal to 32.72% of the Participant's disposable military retired pay. DRO Page 2 In addition to the above, the Alternate Payee shall receive a pro rata share of any postretirement cost-of-living adjustments made to the Participant's benefits on or after the date of his retirement. The pro rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefits is calculated pursuant to this Paragraph 6. 7. The monthly payments under Paragraph 6 shall be paid to the Alternate Payee as soon as administratively feasible following the commencement of the Participant's retirement benefits and shall continue during the joint lives of the parties, and, to the extent permitted under law, irrespective of the future marital status of either of them; the benefits shall terminate only upon the death of either the Participant or the Alternate Payee. 8. The jurisdictional requirements of 10 U.S.C. Section 1408 have been complied with, and this Order has not been amended, superseded, or set aside by any subsequent order. 9. The Participant and the Alternate Payee acknowledge that they have been married for a period of more than ten years during which time the Participant performed more than ten years of creditable military service. The parties were married from October 5, 1974, to January 3, 1993. 10. The Alternate Payee agrees that any future overpayments to her are recoverable and subject to involuntary collection from her or her estate. 11. The Alternate Payee agrees to notify DFAS about any changes in the Domestic Relations Order or the order affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. 12. The Participant and the Alternate Payee intend that this Order qualify under the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. Section 1408 and following. 13. The Participant agrees to cooperate with the Alternate Payee to prepare an application for direct payment to the Alternate Payee from the Participant's retired or retainer pay pursuant to 10 U.S.C. Section 1408. The Participant agrees to execute all documents that the United States Air Force may require to certify that the disposable military retired pay can be provided to the Alternate Payee. 14. The Participant agrees not to merge the Participant's disposable military retired pay with any other pension and not to pursue any course of action that would defeat the Alternate Payee's right to receive a portion of the disposable military retired pay of the Participant. The Participant agrees not to take any action by merger of the military retirement pension so as to cause a limitation in the amount of the total retired pay in which the Participant has a vested interest and, therefore, the Participant will not cause a limitation of the Alternate Payee's monthly payments as set forth above. The Participant agrees to indemnify the Alternate Payee for any breach of this Paragraph 14 as follows: If the Participant becomes employed or otherwise has his military pension merged, which employment or other condition causes a merger of the Participant's disposable military retired pay, the Participant will pay to the Alternate Payee directly the monthly amount provided in Paragraph 6 under the same terms and conditions as if those payments were made pursuant to the terms of this Order. r DRO Page 3 15. If the amount paid by the military pay center to the Alternate Payee is less than the amount specified above, the Participant shall initiate an allotment to the Alternate Payee in the amount of the difference, to be paid from any federal entitlements due the Participant, with said allotment to be initiated by the Participant immediately upon notice of such difference. 16. If in any month direct payment is not made to the Alternate Payee by the appropriate military pay center, and no federal entitlement exists against which such an allotment as set forth in Section 13 may be initiated, or for whatever reason full payment by allotment is not made in that month, or if the amount paid through the allotment is insufficient to pay the difference specified above, the Participant shall pay the amounts called for above herein directly to the Alternate Payee by the fifth day of each month in which the military pay center and/or allotment fails to do so, beginning upon the Participant's eligibility for retirement. 17. If the Participant takes any action that prevents, decreases, or limits the collection by the Alternate Payee of the sums to be paid hereunder, he shall make payments to the Alternate Payee directly in the amount sufficient to neutralize, as to the Alternate Payee, the effects of the actions taken by the Participant. 18. The parties acknowledge that the following items must be sent by the Alternate Payee to DFAS (Cleveland Center), located at P.O. Box 998002, Cleveland, Ohio 44199-8002. The Participant agrees to provide any of this information to the Alternate Payee at the Alternate Payee's request and to make all necessary efforts to obtain any of this information that the Alternate Payee is unable to obtain. a. A copy of this Domestic Relations Order that divides retired pay and any decree that approves this Order certified within ninety (90) days immediately preceding its service on the applicable military pay center for the United States Air Force. b. A statement by the Alternate Payee that verifies that the divorce decree has not been modified, superseded, or set aside. C. The parties marriage certificate. d. The Participant's name, Social Security number, date of birth and name of military service. e. The Alternate Payee's name, address and Social Security number. 19. The Court shall retain jurisdiction to enter such further orders as are necessary to enforce the award to the Alternate Payee of the military retirement benefits awarded herein, including the recharacterization thereof as a division of Civil Service or other retirement benefits, or to make an award (in the sum of benefits payable plus future cost-of-living adjustments) in the event that the Participant fails to comply with the provisions contained above requiring said payments to the Alternate Payee by any means, including the application for a disability award or filing of bankruptcy, or if military or government regulations or other restrictions interfere with payments to the Alternate Payee as set forth herein, or if the Participant fails to comply with the provisions contained above requiring said payments to the Alternate Payee. DRO Page 4 20. The Participant hereby waives any privacy or other rights as may be required for the Alternate Payee to obtain information relating to the Participant's date and time of retirement, last unit assignment, final rank, grade and pay, present or past retired pay, or other information as may be required to enforce the award made herein, or required to revise this Order so as to make it enforceable. 21. The Participant shall be required to notify the Alternate Payee, in writing, within thirty (30) days prior to his or her actual date of retirement. The notice shall indicate his intentions to retire and elected benefit commencement date. The notice shall be sent via regular first-class mail. For this purpose, the Alternate Payee shall notify the Participant of any changes in her mailing address. 22. For the purposes of interpreting this Court's intention in making the division set out in this Order, "military retirement" includes retired pay paid or to which the Participant would be entitled for longevity of active duty and/or reserve component military service and all payments paid or payable under the provisions of Chapter 38 or Chapter 61 of Title 10 of the United States Code, before any statutory, regulatory or elective deductions are applied. It also includes all amounts of retired pay the Participant actually or constructively waives or forfeits in any manner and for any reason or purpose, including, but not limited to, any waives made in order to qualify for Veterans Administration benefits, and any waiver arising from the Participant electing not to retire despite being qualified to retire. It also includes any sum taken by the Participant in addition to or in lieu of retirement benefits, including, but not limited to, exit bonuses, voluntary separation incentive pay, special separation benefits, or any other form of compensation attributable to separation from military service instead of or in addition to payment of the military retirement benefits normally payable to a retired member. EXECUTED this 13 day of / P?Vv BY THE COi7Il.T / Judge CONSENT TO ORDER: PARTICIPANT/DEFENDANT Signature ALTERNATE PAYEE/PLAINTIFF Signature ?6t_ `;-7 ,JOOo Date Date -o6 CPS r'til .. r;: ',;?? DRO Page 5 ATTORNEY FOR PARTICIPANT/ DEFENDANT ature _ ,' 160 vat- a^? ATTORNEY FOR ALTERNATE PAYEE PLAINTIFF Si H?l}?66 Date