Loading...
HomeMy WebLinkAbout08-1838HAROLD S. IRININ, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 24346050 ATTORNEY FOR PLAINTIFF RICKY D. CONKLIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff no CUMBERLAND COUNTY, PENNSYLVANIA V. YVONNE R. CONKLIN, Defendant CIVIL ACTION - LAW NO. 2008 - 18-38 CIVIL TERM : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT. FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS 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 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 RICKY D. CONKLINI Plaintiff v. YVONNE R. CONKLIN, Dshndant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. ZOOS - 63? CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 330"a OF THE DIVORCE CODE NOW, comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is RICKY D. CONKLIN, an adult individual residing at 423 Sioux Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The defendant is YVONNE R. CONKLIN, an adult individual residing 423 Sioux Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on June 19, 1982, in Rock Island, Illinois 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that he has been advised of the availability of counseling and that he has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties. I verify that the facts contained herein 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 unsworn falsification to authorities. March 17, 2008 KLIN, Plaintiff HAROLD S. IRW Attorney for Plai Supreme Court ID No. 29920 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 RICKY D. CONKLINI Plalntlif V. YVONNE R. CONKLIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA "CIVIL ACTION - LAW : NO. 2008 - CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit 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 unsworn falsification to authorities. March 17, 2008 N "? i? ? Q;a e'er C3 "i'1 ]} ?? r , r ?._y• J ? t ? ? 00 ?°' ,`, ? ?`i W ? f- N r? 4 .r.'' .-- '- N '-C RICKY D. CONKLIN : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2008 - 1858 CIVIL TERM YVONNE R. CONKLIN, : Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, YVONNE R. CONKLIN, defendant in this matter, hereby certify that I accepted service of a copy of the complaint in this divorce on or about April 2008. I verify that the statements made in this acceptance of service 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 falsification to authorities. April -Lv, 2008 ,..? ? `? t .? - ' "?.?""??y ? -C' fit-} ?. ` ?'' ?? t- ??- `_ ;ti- ? _ _ .,?? h ' p i ? .. . C ' RICKY D. 0ONKLINr i IN THE COURT OF COMMON PLEAS OF PlalntlA - CUMBERLAND COUNTY, PENNSYLVANIA ve s CIVIL ACTION - LAW NO. 2008 -19x9 CIVIL TERM YVONNE R. CONKLINg I Dahndant : IN DIVORCE AFFDAVIT OF CONtlNT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about March 20, 2008. Service of the complaint was made upon defendant as indicated on defendant's acceptance of service filed on April 21, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed-from the date of the service ofthe amended complaint. 3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. July 2008 ONNE R. CONKLIN WAIVER OF NOTICE OF INTENTION TO REQUEST DNTRY OF A DIVORCE DECREE UNDER sECT1ON 3=1(D) OF TNIt DIVORCUI CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that l 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. 1 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. Section 4904 relating to unswom falsification to authorities. July,2008 LI, ""/ t"NNE R. CONKLI w O RICKY D. CONKLIN, : IN THE COURT OF COMMON PLEAS OF PlalntW : CUMEERLAND COUNTY] PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2008 -1838 CIVIL TERM YVONNE R. CONKLIN, : Defendant : IN DIVORCE AFFDAVIT OF CONSENT 1. 2. 3. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about March 20, 2008. Service of the complaint was made upon defendant as indicated on defendant's acceptance of service filed on April 21, 2008. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. I consent to the entry of a final decree in divorce entry of the divorce. / service of notice of intention to request 1'. ?L . CONKLIN July S, 2008 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(D) OF THE DIVORCE CODE consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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. Section 4904 relating to unsworn falsification to authorities. July _1L 2008 RI 4CONKLIN ?? t,.. ? ??= # ?' -? ,? <%?;` ?. `= ` ? 't? ? ? ? ?,?., HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 28920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF RICKY D. CONKLIN, Plaintiff v. YVONNE R. CONKLIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 1858 CIVIL TERM : IN DIVORCE PRAECIPE 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 Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about September 26, 2007 defendant was personally served with a copy of the divorce complaint (see Affidavit of Service previously filed). 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: July 3, 2008 By the defendant: July 3, 2008 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: N/A. 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: N/A. (b) Date plaintiffs Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: July 3, 2008 Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: July 8, 2008 A July 8, 2008 `- HAROLD S. IRWIN, III Attorney for Plaintiff ? PrN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. RICKY D. CONKLIN s Plaintiff VERSUS YVONNE R. CONKLIN Defendant No. 2008 - 1838 CIVIL TERM DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT RICKY D. CONKLIN , PLAINTIFF, AND YVONNE R. CONKLIN 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; NONE PROTHONOTARY •?p t ?rrAJ i i ,. ~ bob ~ ! 8~ 3~ MARRIAGE SETTLEMENT A~3REEMENT THIS AGREEMENT made this ~ day of .c~,~- , 2008, by and between RICKY D CONKLIN, hereinafter referred to as "HUSBAND") and YVONNE CONKLIN (hereina~r <=. referred to as "WIFE"). -~~ "'~' --~ ~., ~ x, ~ WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on June 11~~82 m ~~ ~- ~~`=~' , Rock Island, Illinois; and :'-~ c-, ~-` ``-~ _~ s ..._ ~ ~I ~ WHEREAS, there are three children of the parties, namely, Dustin Conklin, born February 3, -'. ~ 1986, Sierra Conklin, born February 9, 1989 and Katryna Conklin, born April 1, 1991; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties, in consequence of which it is the intention of HUSBAND and WIFE to live separate apart for the rest of their natural lives and will maintain separate residences after the conclu: of their divorce. Accordingly, 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 claims a possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants 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: It is the purpose and intent of this agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this agreement as "Marital Property", as between themselves, their heirs and assigns. It is the further purpose of this agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. RDC ~~ YRC J T- 2. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties before and after they live in separate residences. 3. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 4. Further, the parties agree that after the conclusion of their divorce, they will live separately and apart from each other at any place or places that he or she may select. Neither party shy molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business c other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 5. The consideration for this contract and agreement is the mutual benefits to be obtainE 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. 6. Each party to this agreement acknowledges and declares that he or she, respectively: A. Enters into this agreement voluntarily after receiving the advice of counsel of h or her own choosing or has voluntarily elected not to obtain counsel; B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations of the parties; C. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and E. Fully and completely understands each provision of this agreement, both as to the subject matter and legal effect. RDC~ YRC 7. Each party represents and warrants that he or she has made a full and fair disclosure t the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts an obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of Marital Property for inadequate consideration without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns filed by or on behalf of both parties during the marriage. 8. DEBTS: It is further mutually agreed by and between the parties that the debts be as follows: A. The HUSBAND shall assume all liability for and pay and indemnify the WIFE against any of his individual debts. HUSBAND represents and warrants to V1 that he has not contracted or incurred any debt or liability for which WIFE or estate might be responsible and will not do so at any time in the future. B. The WIFE shall assume all liability for and pay and indemnify the HUSBAND against any of her individual debts and represents and warrants to HUSBAND that she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and will not do so at any time in the future. C. The parties agree that they have no joint debts. D. HUSBAND assumes all responsibility for any outstanding debt in regards to the extraction of Sierra's wisdom teeth. 9. Except as herein provided, the parties agree that they have previously divided their personal property to their mutual satisfaction. The parties agree that this division is fair and equitable, and is voluntary and made without duress by or upon either party. The parties furthe agree that henceforth, each of the parties shall own, have and enjoy independently of any Clain or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are now owned or held by or which may hereafter belong to he RDC YRC HUSBAND or WIFE, with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. The following division of specific items of personal and real property will be equitably distributed as follows: A. REAL ESTATE: The parties own no real property. WIFE understands and agrees, however, that HUSBAND plans to purchase a new house, located at Sherman Avenue, Carlisle, Cumberland County, Pennsylvania 17013, on or about June 18, 2008, and that this property will be his separate property, free any claim or interest of or in WIFE. B. PERSONAL PROPERTY: 1.) Motor Vehicles -Both parties hereby release to the other all motor vehicles presently in the possession of each other. Each party indemnifies and holds the other harmless from any debt or other liabilitii associated with the vehicles owned by the other, including the provision of motor vehicle insurance. Both parties will work together to transfer a~ titles necessary to the proper affect of this paragraph. 2.) Bank Accounts -Each party shall retain their individual bank accounts free of any claim by the other party. The parties have no joint bank accounts. 3.) Employee Benefit and Retirement Plans -Each party shall retain all their own employee benefit, 401(k), savings and/or retirement plans' proceeds free of any claim by the other party. However, HUSBAND agrees that WIFE shall receive $900.00 per month from HUSBAND's military retirement and shall remain the beneficiary of his military retirement survivor's benefit and so it shall remain unto her death, regardless of remarriage. 4.) Other personal property -The parties agree that they have divided all of their remaining personal property, including, but not limited to furniture, RD ~ YRC~ household goods, appliances and personal belongings to their mutual satisfaction and each release to the other all such personal property as presently divided. In addition, the parties acknowledge that they have each acquired various items of property since their separation. Except a may be otherwise stated in this agreement, each party expressly waives and relinquishes any right, title or interest he or she may have in the property acquired by the other since the separation. 10. INCOME TAX RETURNS: Any tax refund or any tax liability for tax year 2007 shall be shared equally between the parties. All future income tax returns will be filed separately and the parties wilt each retain any refund due to them. 11. SUPPORT AND ALIMONY: Except as provided below, both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony, alimony pendente lite or spousal support before or after any divorce which may be granted. Notwithstanding the foregoing, HUSBAND agrees to the following spousal support, alimony, and child support terms: A. HUSBAND agrees to pay WIFE the sum of $300.00 per month in spousal support and alimony, beginning July 1, 2008. Said amount will be payable directly froi HUSBAND to WIFE, except that if HUSBAND becomes more than 30 days late with said payments, then WIFE shall have the right to record this agreement with the Domestic Relations office and request a wage attachment. This spousal support and alimony payment shall be non-modifiable unless WIFE remarries or upon the death of either party, in which case all spousal support and alimony shall be terminated. B. All spousal support and alimony payments from HUSBAND to WIFE shall be deductible to HUSBAND and taxable to WIFE. C. Under the terms of his military retirement, HUSBAND agrees that WIFE shall be permitted to receive all federal benefits to which she is entitled, including but not limited to medical insurance coverage, medical services and military base privilege however she is not entitled to dental benefits. RD~ ~ YRC D. HUSBAND agrees to maintain the children's medical insurance entitlement through his military retirement until they reach the age of 21, or if full-time students, age 25. HUSBAND agrees to maintain Katryna on his dental insurance until she reaches the age of 19. E. WIFE will continue to pay for Sierra's motor vehicle and will assure that she ha car insurance until the age of 21. HUSBAND will retain responsibility for the motor vehicle and car insurance for Katryna. After Sierra reaches the age of 21 and obtains car insurance on her own, the parties shall share equally all such expenses for Katryn until she reaches the age of 19. F. The parties agree to share equally all soccer expenses for their daughter, Katryna, until she reaches the age of 18. Any other extraordinary expenses over the cost of $150 for the parties' children until they reach age 18 shall be divided equally between the parties. Any contribution of the parties toward such expenses after the children reach age 18 will be voluntary on the part of the parties. 12. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the marriage is irretrievably broken and that when ninety days have elapsed since the filing and service of a divorce complaint, both parties shall execute and file the consents and waivers necessary to obtain the divorce, only if the marriage settlement agreement has been settled to mutual satisfaction, signed and executed. 13. BREACH: In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 14. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of agreement. RDC ~.-- YRC 15. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect have been fully explained to the parties and its provisions are fully understood. Both parties agree that they are executing this agreement freely and voluntarily. HUSBAND's legal coup is Harold S. Irwin, III, Esquire. WIFE agrees that it has been recommended to her to obtain independent legal counsel and she has either done so or voluntarily elected not to do so. 16. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 17. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 18. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 19. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result o the marital relationship, including without limitation, dower, curtesy, statutory allowance, right tc take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect thi mutual waiver and relinquishment of all such interests, rights and claims. 20. Unless otherwise stated herein, this agreement shall become effective immediately its execution by both parties. i RDO ~- YRC IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and first above written. i (SEAL) R . CONKLIN COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: . SS: PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this ~ day of JU j^v , 2008, RICKY D. CONKLIN, 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, I have hereunto set my COA~NONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Harold S. Irwin Iii, Esq, Notary Public Carlisle, Cumberland County M commission expires F 06; 2011 Notary Public COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: . SS: PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this ~ ~~day of ~,~-~_ , 2008, YVONNE CONKLIN, 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 have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial SCI Tammy J. Misiyart, Notary PubBc Hampden Twp., Curtbedartd Cotxtty My Canrr>Issbn Et~ires Jute 28, 20'I 1 Member, Pennsylvania Association of Notaries tary P li Con[rol Number RASO124494 - - ....~. STATEMENT EFFECTIVE DATE NEW PAY DUE AS OF SSN Dec 02.2008 Jan 02, 2009 333-60-1816 PLEASE REMEMBER TO NOTIFY DFAS IF YOUR ADDRESS CHANGES DEFENSE FINANCE AND ACCOUNTI 'G SERVICE US MILITARY RETIREMENT PAY PO BOX 7130 LONDON KY 40742-7130 CPOC RICKY DALE CONKLIN USN RET COMMERCIAL (216) 522-5955 423 $IOL1$ DRIVE TOLL FREE f-800-321-1080 MECHANICSBURG PA 17050-2594 TOLL FREE FAX 1-800-4.69-6559 myPay https: //myPay. dfas.mi 1 I-877-363-3677 `P`A'Y 1 T•E M :D`E S.C R t P T t O`N ITEM OLD NEW ITEM GROSS PAY OLD EW' 2,056.00 2,175.00 ALLOTMENTS/BONDS 950.00 y50 00 VA WAIVER Si2:00 54T.00 . SBP COSTS 68.99 72.99 TAXABLE INCOME 1,475.01 1.561.01 NET PAY 525.01 611 01 PAYMENT AD-DRE :S- DIREC YE:A-R; T DATE ;" A A~ F R f 11t1F ?RiIAA I N . L Y T DEPOSIT TAXABLE INCOME: 17.700.12 FEDERAL INCOME TAX WITHHELD: TAXES FEDERAL WITH HOLDING STATUS: MARRIED TOTAL E.YEMPTICINS: 05 SU"RV 1'i/'OR B 'ICE "1 :LAM P C ~dt ~ ` SBP COVERAGE TYPE: SPOUSE ONLYv AI~TNIJITY BASE AMOUNT SPOUSE ONLY COST: 72,99 : 1?3 .50 SPOUSE DOB: 7iJI. 1 .1964 THE ANNUITY PAYABLE IS 55% OF YOUR ANNUITY BASE AMOUNT WHICH IS 6 80.63 YOU HAVE PAID 76 MONTHS TOWARD YOUR 360 MONTHS OF PAID UP RC /S BP COVERAGE. ONCE YOU HAVE PAID AT LEAST 360 MONTHS TOWARD YOUR COVERAGE AND TURN AGE 70, YOUR COSTS WILL B TERMINATED BUT YOUR COVERAGE WILL REMAIN ACTIVE. Richard B Druby, Esquire, LD. No. 61904 NESTICO DRUBY, PC 113 ~ Fast Chocolate Avenue, Suite 300 .Hershey, PA 17033 (717) 533-5406 (717) 533-5717 fax RDruby@HersheyPALaw.com r• ~~ ~I ~ ~K '7 `~, t~ ~ ~ , 1e"~`!;''~' i flCT 22 pM ~: 33 . r ~ ~~~~~~1~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICKY D. CONKLIN Plaintiff, v. . YVONNE R. CONKLIN, . Defendant. . No. 2008-1838 CIVIL TERM IN DIVORCE RESPONDENT'S RESPONSE TO PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT PURSUANT TO 23 PA.C.S.A. ~3105(a) NOW COMES, Plaintiff/Respondent, by and through his undersigned attorneys, and submits this Response to Petitioner's Petition to Enforce Marital Settlement Agreement as follows: 1. Admitted upon information and belief. 2. Admitted. 3. No response is required as the Divorce Decree speaks for itself. 4. No response is required as the Marriage Settlement Agreement speaks for itself. 5. No response is required as the provisions of 23 Pa.C.S.A. §3105(a) speak for themselves. To the extent that Petitioner mischaracterizes or misquotes the section, the allegations are denied. 6. Conclusion of law to which no response is required. To the extent a response is required, the terms of the Marital Settlement Agreement speak for themselves. 7. No response is required as the terms of the Marital Settlement Agreement speak for themselves. To the extent that Petitioner mischaracterizes or misquotes the section, the allegations are denied. 8. Denied as stated. It is denied that Respondent had an obligation under the Marital Settlement Agreement to execute a "Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage (DD Form 2656-1)." The provision in question, Paragraph 9 (B) (3) fails to specifically state the intention of the parties, fails to state what actions are to be taken by either party and fails to state which party is responsible far implementing and effectuating the terms of this provision. Additionally, ~aaragraph 9(B)(3) does not specifically set forth sufficient information to deterniine, among other things, the base amount of any Former Spouse Survivor Benefit, whether such benefit is to be calculated t~.~ ensure a benefit in the same .amount as any then existing Survivor Benefit. and how premiums for such benefit are to be paid and by whom. For example, the agreement must state if the premium is to be paid from Petitioner`s share of Respondent's annuity or whether the premium is to be paid from Respondent's annuity. Moreover, some of the provisions of 9(B)(3) cannot be implemented as they violate Federal law. For example, Petitioner cannot receive survivor benefits `regardless of remarriage" as Federal law provides that, should Respondent 2 remarry before age 55, survivor benefit payments will stop, and can only restart under certain circumstances. Likewise, the provision does not address what is to happen should Respondent remarry now that he is retired and desires to leave a Survivor Benefit to his current spouse. That circumstance must also be addressed. Therefore, the provisions of 9(B)(3) will need to he further clarified, hopefully by the parties without Court intervention, so that the parties' intent can be clearly manifested and so that any action by the Department of Defense is in compliance with that intent. Additionally, Paragraph 9(B)(3) provides for the Petitioner to receive a portion of Respondent's military retirement. Pursuant to 10 U.S.C'. ~ 1408,et seq., Petitioner's payments should be payable by the Department of Defense directly. Therefore, any Order that is issued to address Petitioner's request for Former Spouse Survivor Benefits must also provide for the payment of the military retirement pay through the Department of Defense. 9. No response is required as Respondent does not have sufficient knowledge, information or belief as to what Petitioner knows or believes the Department of Defense Regulations will allow. In further answer, until the issues raised in Respondent's answer to Paragraph 8, above,. are resolved, the Court will be unable to enter any Order which will be Court Order acceptable for processing. 10. No response is required as Respondent does not have sufficient knowledge, information or belief as to what Petitioner knows or believes. In further answer, until the issues raised. in Respondent's response to Paragraph 8. above, are 3 resolved, the Court will be unable to enter any Order which will be Court Order acceptable for processing. WHEREFORE, Respondent respectfully requests that Petitioner's Petition be denied as the terms of the Marital Settlement Agreement as set forth in Paragraph 9 ~B}(3) do not permit the issuance of a Court Order as Petitioner requests. In the alternative, Respondent requests that the terms of Paragraph 9(B)(3) be clarified so as to refle~et the true intention of the parties and that any Order require that Petitioner's portion o1` R.espondenf s retirement pay be paid directly by the Department of Defense. Date:. ~`~ Z~~ Respectfully Submitted. NESTICO DRUB , P~ By: Richard B. Druby, ~squlre ,1 LD. No. 61904 ~ -'"~ 1135 E. Chocolate Avenue, Suite 300 Hershey, PA 17033 (717) 533-5406 Telephone (717) X33-5717 Fax RDruby~a HersheyPALaw.com Attorneys for Plaintiff/Respondent 4 CERTIFICATE OF SERVICE I, RichardpB. Druby, Esquire, of the law firm of Nestico Druby, PAC, hereLw certify r~," .. that on theo~~" day of October, 2012, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following. John King, Esquire John F. King Law PC 4067 Market Street: Camp Hill, PA I70ll JOHN F. KING LAW, P.C. John F. King, Esquire ID #61919 4076 Market Street Camp Hill, PA 1701 I (7I7j 695-2222 (717) 695-2207 FAX ,~ ~~ .~. ., ` ~ , ~ Attp~i~~ ~~dr~~~ridant/Petitioner - ----- - RICKY D. CONKL.IN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2008-1838 CIVIL TF,RM YVONNE R. CONIhLIN Defendant IN DIVORCE PREVIOUS JUDGE: HON. EDWARD E;. UUIDO PETITION TO SCHEDULE BRIEFING AND ARGUMENT PURSUANT TO CCRP §208.3(a)(4) AND NOW comes the Petitioner, Yvonne R. Conklin, pursuant to CLLR ~208.3(a)(4), who avers as follows: I . The Petitioner/Defendant is Yvonne R. Conklin, who resides at 1 K Maple Drive, Mechanicsburg, Cumberland County, PA l 7050, and who is represented by John }~ . King, Esq., 4076 Market Street, Camp Hill., PA 17011, telephone (717) 695-222". ?. The RespondentlPlaintiff is Ricky D. Conklin, who resides at 1021 Chalet Drive, Sandusky, OH, and who is represented by Richard Druby, Esq., 1135 h~,. Chacolate Avernie. Ilel-shey, PA 17033, telephone (7I7) 533-5406. ~. A Petition to Enforce Marital Settlement Agreement was filed on September 25, 2012. ~, A Rule to Show Cause was issued by the Honorable Edward E. Guido on September 28, 2012, a,nd filed on October 1, 2012, which required Respondent/Plaintiff to respond within twenty days from date of service. ~. The aforementioned ~u1e to Show Cause was served on October 3. ?(112. 6. The Respondent/Plaintiff filed a Response to the Petition on Octobe-~ 23. 2012. WHEREFORE the DefendantlPetitioner respectfully requests this Honorable Gourt to schedule such briefing and argument schedule as shall be deemed necessary by the C<~urt, pursuant to Cumberland County Loeal Rule §2083(a)(4). Dated: _ ~ t_ , 2012 j' John F. King, Esquire ID #61919 4076 Market Street Camp Hill, PA l 7011 (717) 695-2222 CERTIFICATE OF SERVICE I hereby certify that I am this ~-- day of October 2012, serving the Petition to Schedule Briefing and Argument upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. ~'~ervice by First Class Mail addressed as follows: Richard Druby, Esq. 1 13~ E. Chocolate Avenue Hershey, PA 17033 I` ~ ~„- 1 ~~-~'Z ~., > Sharry Semans /_' '~~~ RICKY D. CONKLIN Plaintiff v. : YVONNE R. CONKLIN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-1838 CIVIL TERM IN DIVORCE ORDER FOR BRIEFING SCHE~ DUL(EA/NfD ARGUMENT AND NOW, this 7 '" day of /VO'I~trJ'Y/~x L..+ , 2012, upon consideration of Petitioner/Defendant's Petition to Enforce a Marital Settlement Agreement, Respondent/Plaintiffs Response thereto, and Petitioner's Petition to Schedule $riefing and ~. Argument, it is hereby ORDERED that this matter is scheduled for argt~ent on the ~~~ day of 7~~~ , 201 ~ , at _'/ ~~ K1'PM, in Courtroom "" at the Cumberland County Courthouse. It is further ORDERED that the parties shall serve upon opposing counsel, and file, briefs at least __ days before the date of the hearing. /' BY TH J. n ~ ~, c ~. fJ ,-~ t..~ ~TW~''~ . • O ~ Z ~ ~ / ,r 1 `~3 ~-r~ A -< ~, .~ --+ o DQ ~ -*~ p -r 2 ~ ~ C_% ` ~- tv ~-; , j , D ;-~. i c~ ~ .~, ~~ °~ --f ~ 2,-~1,~,,.~ ~J~.l y , ~~ ~p ~ ~s rM.a,~'!r~ ' `~i ~ ~~ r ' F ,,LE t'��3 Syr JOHN F. KING LAW, P.C. John F. King, Esquire ID #61919 C ;Er� ANO CGUNTY 4076 Market Street r u f s z�:1 iWAWOor Defendant/Petitioner Camp Hill, PA 17011 (717) 695-2222 (717) 695-2207 FAX RICKY D. CONKLIN IN THE COURT OF COMMON PLEAS Plaintiff Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-1838 CIVIL TERM YVONNE R. CONKLIN Defendant IN DIVORCE Petitioner PREVIOUS JUDGE: HON. EDWARD E. GUIDO PETITION FOR CONTEMPT PURSUANT TO 23 Pa.C.S.A.§3502) TO THE HONORABLE JUDGES OF THE SAID COURT: AND NOW comes the Petitioner, Yvonne R. Conklin, and brings her Petition for Contempt pursuant to 23 Pa.C.S.A. §3502, for Respondent's failure to comply with an Order of Equitable Distribution, and avers as follows: 1. The Petitioner is Yvonne R. Conklin,the Defendant in the above-captioned divorce action,who resides at 18 Maple Drive, Mechanicsburg, Cumberland County, PA 17050, and who is represented by John F. King, Esq., 4076 Market Street, Camp Hill, PA 17011, telephone (717) 695-2222. 2. The Respondent is Ricky D. Conklin, the Plaintiff in the above-captioned divorce action, who resides at 1021 Chalet Drive, Sandusky, OH, and who is represented by Richard Druby, Esq., 1135 E. Chocolate Avenue, Hershey, PA 17033, telephone (717) 533- 5406. 3. The Petitioner and Respondent were divorced from the bonds of matrimony by way of a Decree in Divorce dated July 15, 2008, issued by the Honorable Edward E. Guido. A copy of the Decree in Divorce is attached hereto and marked as Exhibit A. 4. The parties negotiated and executed a Marriage Settlement Agreement dated June 16, 2008. A copy is attached hereto and marked as Exhibit B. 5. On or about September 26, 2012, the Defendant, Yvonne R. Conklin, filed a Petition to Enforce Marital Settlement Agreement pursuant to 23 Pa.C.S.A. §3105(a), a copy of which is attached and marked as Exhibit C. 6. On January 2, 2013, after hearing, an Order of Court was issued by the Honorable Edward E. Guido, which was filed in the Office of the Prothonotary on January 3, 2013. A copy of the Order is attached hereto and marked as Exhibit D. 7. Paragraph 9(B)(3) of the aforementioned Marriage Settlement agreement states as follows: HUSBAND agrees that FIFE shall receive , 900.00 per month from HUSBAND's.military retirement and shall remain the beneficiary of his military retirement survivor's benefit and so it shall remain unto her death, regardless of remarriage. 8. Paragraph 4 of the Order of Court dated January 2, 2013, required Respondent to execute any documents provided by Petitioner in order to have a Qualified Domestic Relations Order entered for one-half of Respondent's military retirement,not to exceed $900 per month. 9. Paragraph 5 of the Order of Court dated January 2, 2013, states that: "to the extent that the portion of Husband's military retirement received by Wife is less than $900 per month, the difference shall be paid by Respondent Husband directly to Wife as alimony." 10. Respondent's obligation for payment to Petitioner of his retirement benefits, pursuant to the Marriage Settlement Agreement, became payable by Respondent's former employer effective May 1, 2013, in the amount of$791.55 per month. A copy of the Entitlement to the Petitioner is attached hereto and marked as Exhibit E. 11. Prior to the institution of the Qualified Domestic Relations Order, allowing for payment of the retirement benefits directly to Petitioner by Respondent's former employer, Respondent's last payment to Petitioner was for March, 2013, in the amount of$900.00. A copy of check number 5573 from Respondent to Petitioner, indicating payment for March 2013 in the amount of$900.00, is attached hereto and marked as Exhibit F. 12. Despite demands, Respondent has failed and refused to make payment to Petitioner of retirement benefits in the amount of$900.00 for the month of April 2013, as required by the Marriage Settlement Agreement, and by the Order of Court dated January 2, 2013. 13. Paragraph 13 of the Marriage Settlement Agreement, which was incorporated but not merged into the Divorce Decree, indicates, "In the event of the breach or disagreement by either party, the non-breaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court." 14. The Petitioner, Yvonne R. Conklin,has incurred legal expenses for the preparation and filing of this instant Petition in the amount of$340.00. 15. Should the Petitioner be required to attend a hearing in order to pursue her instant Petitioner,the Petitioner anticipates incurring additional attorney fees, costs and expenses. WHEREFORE,the Petitioner respectfully requests this Honorable Court to order the Respondent to immediately make payment to the Petitioner in the amount of$1,240.00 constituting the $900.00 due and owing under the Marriage Settlement Agreement and Court Order, plus $340.00 for attorney fees. The Petitioner further respectfully requests this Court to award to Petitioner additional attorney fees, costs and expenses, should any such be incurred by Petitioner, and established at hearing. The Petitioner further requests this Honorable Court to impose sanctions upon the Respondent as allowed under 23 Pa.C.S.A. 3502(e). John F. King, Esquire ID #61919 4076 Market Street Camp Hill, PA 17011 (717) 695-2222 VERIFICATION I, Yvonne Conklin, hereby acknowledge that I am the Petitioner in the foregoing action; that I have read the foregoing Petition for Contempt; and the facts stated therein are true and correct to the best of my knowledge, information and belief I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: , 2013 Yvonne Conklin IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY STATE OF PENNA. RICKY D. CONKLIN Plaintiff No. 2008 - 1838 CIVIL TERM VERSUS YVONNE R. CONKLIN Defendant DECREE IN DIVORCE + AND NOW, IT IS ORDERED AND DECREED THAT RICKY D. CONKLIN PLAINTIFF, + AND YVONNE R CONKLIN 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 SEEN ENTERED; NONE + BY TH ATTEST: J PROTHONOTARY �� d MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this day of P,9, , 2008, by and between RICKY D CONKLIN, hereinafter referred to as "HUSBAND") and YVONNE CONKLIN (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on June 19, 1982, in Rock Island, Illinois; and WHEREAS, there are three children of the parties, namely, Dustin Conklin, born February 3, 1986, Sierra Conklin, born February 9, 1989 and Katryna Conklin, born April 1, 1991; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties, in consequence of which it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives and will maintain separate residences after the conclusion of their divorce. Accordingly, 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 claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE; in consideration of the promises and the 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, It is the purpose and intent of this agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this agreement as "Marital Property", as between themselves, their heirs and assigns. It is the further purpose of this agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. RDC YRC (i]0 2. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties before and after they live in separate residences. 3. The parties have attempted to divide their matrimonial-property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 4. Further, the parties agree that after the conclusion of their divorce, they will live separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 5. 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, 6. Each party to this agreement acknowledges and declares that he or she, respectively: A. Enters into this agreement voluntarily after receiving the advice of counsel of his or her own choosing or has voluntarily elected not to obtain counsel; B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations of the parties; C. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and E. Fully and completely understands each provision of this agreement, both as to the subject matter and legal effect. RDC'4� YRC4 7. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of Marital Property for inadequate consideration without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns filed by or on behalf of both parties during the marriage. 8. DEBTS: It is further mutually agreed by and between the parties that the debts be paid as follows: A. The HUSBAND shall assume all liability for and pay and indemnify the WIFE against any of his individual debts. HUSBAND represents and warrants to WIFE that he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and will not do so at any time in the future. B. The WIFE shall assume all liability for and pay and indemnify the HUSBAND against any of her individual debts and represents and warrants to HUSBAND that she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and will not do so at any time in the future. C. The parties agree that they have no joint debts. D. HUSBAND assumes all responsibility for any outstanding debt in regards to the extraction of Sierra's wisdom teeth. 9. Except as herein provided, the parties agree that they have previously divided their personal property to their mutual satisfaction. The parties agree that this division is fair and equitable, and is voluntary and made without duress by or upon either party. The parties further agree that henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are now owned or held by or which may hereafter belong to the RDC- YRC.JJ_..L T- HUSBAND or WIFE, with full power to the HUSBAND or the WIFE to dispose of.same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. The following division of specific items of personal and real property will be equitably distributed as follows: A. REAL ESTATE: The parties own no real property. WIFE understands and agrees, however, that HUSBAND plans to purchase a new house, located at 308 Sherman Avenue, Carlisle, Cumberland County, Pennsylvania 17013, on or about June 18, 2008, and that this property will be his separate property, free of any claim or interest of or in WIFE. B. PERSONAL PROPERTY: 1.) Motor Vehicles—Both parties hereby release to the other all motor vehicles presently in the possession of each other. Each party indemnifies and holds the other harmless"from any debt or other liabilities associated with the vehicles owned by the other, including the provision of motor vehicle insurance. Both parties will work together to transfer any titles necessary to the proper affect of this paragraph. 2.) Bank Accounts - Each party shall retain their individual bank accounts free of any claim by the other party. The parties have no joint bank accounts. 3.) Employee Benefit and Retirement Plans - Each party shall retain all of their own employee benefit, 401(k), savings and/or retirement plans' proceeds free of any claim by the other party. However, HUSBAND agrees that WIFE shall receive $900.00 per month from HUSBAND's military retirement and shall remain the beneficiary of his military retirement survivor's benefit and so it shall remain unto her death, regardless of remarriage. 4.) Other personal property -The parties agree that they have divided all of their remaining personal property, including, but not limited to furniture, x//1, RDC' YRC ! household goods, appliances and personal belongings to their mutual satisfaction and each release to the other all such personal property as presently divided. In addition, the parties acknowledge that they have each acquired various items of property since their separation. Except as may be otherwise stated in this agreement, each party expressly waives and relinquishes any right, title or interest he or she may have in the property acquired by the other since the separation. 10. INCOME TAX RETURNS: Any tax refund or any tax liability for tax year 2007 shall be shared equally between the parties. All future income tax returns will be filed separately and the parties will each retain any refund due to them. 11. SUPPORT AND ALIMONY: Except as provided below, both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony, alimony pendente lite or spousal support before or after any divorce which may be granted. Notwithstanding the foregoing, HUSBAND agrees to the following spousal support, alimony, and child support terms: A. HUSBAND agrees to pay WIFE the sum of$300.00 per month in spousal support and alimony, beginning July 1, 2008. Said amount will be payable directly from HUSBAND to WIFE, except that if HUSBAND becomes more than 30 days late with said payments, then WIFE shall have the right to record this agreement with the Domestic Relations office and request a wage attachment. This spousal support and alimony payment shall be non-modifiable unless WIFE remarries or upon the death of either party, in which case all spousal support and alimony shall be terminated. B. All spousal support and alimony payments from HUSBAND to WIFE shall be deductible to HUSBAND and taxable to WIFE. C. Under the terms of his military retirement, HUSBAND agrees that WIFE shall be permitted to receive all federal benefits to which she is entitled, including but not limited to medical insurance coverage, medical services and military base privileges; however she is not entitled to dental benefits. / n RDC IZ YRC D. HUSBAND agrees to maintain the children's medical insurance entitlement through his military retirement until they reach the age of 21, or if full-time students, until age 25. HUSBAND agrees to maintain Katryna on his dental insurance until she reaches the age of 19. E. WIFE will continue to pay for Sierra's motor vehicle and will assure that she has car insurance until the age of 21. HUSBAND will retain responsibility for the motor vehicle and car insurance for Katryna. After Sierra reaches the age of 21 and obtains car insurance on her own, the parties shall share equally all such expenses for Katryna until she reaches the age of 19. F. The parties agree to share equally all soccer expenses for their daughter, Katryna, until she reaches the age of 18. Any other extraordinary expenses over the cost of$150 for the parties' children until they reach age 18 shall be divided equally between the parties. Any contribution of the parties toward such expenses after the children reach age 18 will be voluntary on the part of the parties. 12. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the marriage is irretrievably broken and that when ninety days have elapsed since the filing and service of a divorce complaint, both parties shall execute and file the consents and waivers necessary to obtain the divorce, only if the marriage settlement agreement has been settled to mutual satisfaction, signed and executed. 13, BREACH: In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 14. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this agreement. RDC 1% YRC 15. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect have been fully explained to the parties and its provisions are fully understood. Both parties agree that they are executing this agreement freely and voluntarily. HUSBAND's legal counsel is Harold S. Irwin, III, Esquire. WIFE agrees that it has been recommended to her to obtain independent legal counsel and she has either done so or voluntarily elected not to do so. 16. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 17. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 18. PRIOR AGREEMENTS It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 19. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge' and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 20. Unless otherwise stated herein, this agreement shall become effective immediately upon its execution by both parties. RD04.11L YRC L IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITH SSES: ,%W�l.r ✓} �� ;: (SEAL) RICK . CONKLIN SEAL 1 ( ) fi Vd/ NNE CONKLI . COMMONWEALTH OF PENNSYLVANIA: . SS: COUNTY OF CUMBERLAND: PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this &I day of JO 2008, RICKY D. CONKLIN, 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, I have hereunto set my hand and official seal. 'COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Harold S.Irwin Iii;Esq Notary Public y ,.� ( '�` `6 Carlisle,Cumberland County MyconnissionexpiresFebrmry06,2011 Notary Public COMMONWEALTH OF PENNSYLVANIA: : SS: COUNTY OF CUMBERLAND: PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this ' C'� day of _ 2008, YVONNE CONKLIN, 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 have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notahat Seal otary P li Tammy J.Mislyan,Notary Public Hampden Twp.,Cumberland County My Commission E)#res June 28,2011 Member,Pennsylvania Association of Notaries Control Numbs RAS012 4-19- STATEMENT EFFECTIVE DATE NEW PAY DUE AS OF SSN Dec 02. 2008 Jan 02,2009 33;-60-1816 D+,A&: F O:I N'aa`5..�O+-,:.O:L3N T. u i PLEASE REMEMBER TO NOTIFY DFAS IF YOUR ADDRESS CHANGES DEFENSE FINANCE AND ACCOUNTING SERVICE i US MILITARY RETIREMENT PAY f PO BOX 7130 LONDON KY 107-42-7130 _ CPOC RICKY DALE CONKLIN USN RET COMMERCIAL (216) 523-5955 423 SIOUS DRIVE TOLL FREE 1-900-321-1080 TOLL FREE FAX 1-800-469-6559 MECHANICSBURG PA 17050-3594 + myPay bttp-q:/ImyPay.dias.mil !' 1-877-363-3677 t 1 lAY . .I.:T;Efyl ..€DES R:r':F,3 I rJel ITEM 1 OLD NEW ITEM OLD NEW GROSS PAY 1056.00 2,175.001 ALLOTMENTS/BONDS 950.001 950.00 VA -irk1VE1< ( 512:00 541.00 SBP COSTS 68.99 72.99 TAXABLE INCOME I 1.475.01 1,561.01 f i 1 j NET PAY 535.01 611.01.A:ODRE.S l=A_R: 10 :DATE . 5UEt�INfA:AY FOR GfVf.o lwt a-..i.:om our 4 DIRECT DEPOSIT T,XABLE INCOME: 17,700.12 FEDERAL INCOME TAX WITHHELD: I I FEDERAL WITHHOLDING STATUS: MARRIED ;TOTAL EXEMPTIONS: 05 i i 1 I 'U RV i i.1::0R' 'BiElXElF l.T: P"L'AN ALSiS C'OVE'RAGE SBP COVERAGE TYPE: SPOUSE ONLY ANNUITY BASE AMOUNT: 1.237.50 I SPOUSE ONLY COST: 7".99 SPOUSE DOB: JUL 18. 1964 I I 1 1 THE ANNUITY PAYABLE IS 559c OF YOUR ANNUITY BASE AMOUNT WHICH IS 680.63 YOU HAVE PAID 76 MONTHS TOWARD YOUR 360 MONTHS OF PAID UP RC/SBP COVERAGE. ONCE YOU I HAVE PAID AT LEAST 360 MONTHS TOWARD YOUR COVERAGE AND TURN AGE 70.YOUR COSTS WILL BE I TERMLNATED BUT YOUR COVERAGE WILL REMAIN ACTIVE. !) i RICKY D. CONKLIN IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. YVOl NO. 2008-1838 CIVIL TERM �INE R. CONKT IN Defendant IN DIVORCE R ULE TO SHOW CAUSE AND NOW, this?Mda Y o fr 2012, upon consideration of the foregoing Petition to Enforce Marital Settlement Agreement, the Court grants a Rule to Show Cause why an Order should not be granted directing the Respondent/Plaintiff, Ricky D. Conklin, or the Petit]oner/Defe.ndant, Yvonne D. Conklin, to file the necessary Department of Defense paperwork to have the Petitioner/Defendant be named as the Survivor Benefit Plan beneficiary for the military retirement of the Respondent/Plaintiff, Ricky D. Conklin, and to remain such until her death, regardless of remarriage, as per the terms of the Marital Settlement Agreement between the parties. RULE RETURNABLE WITHIN DAB S FROM THE DATE OV A - SERVICE OF THIS RULE. - C-) �.... BY THE COURT: A .I. and the seal of s"ic COUlt W, _ CG ils This dad,© Pro! iol"tVic-Iry _ r r RICKY D. CONKLIN IN THE COURT OF COMMON PLEAS V. Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-18"8 CIVIL TERM YVONNE R. CONKLIN Defendant IN DIVORCE R BILE TO vHoW CA USE AND NOW, this /)day ofc 42012, upon consideration of the foregoing Petition to Enforce Marital Settlement Agreement, the Court grants a Rule to Show Cause why an Order should not be granted directing the Respondent/Plaintiff; Ricky D. Conklin, or the.Petitioner/Defendant, Yvonne D. Conklin, to file the necessary Department of Defense paperwork to have the Petitioner/Defendant be named as the Survivor Benefit Plan beneficiary for the military retirement of the Respondent/Plaintiff, Ricky D. Conklin, and to remain such until her death, regardless of remarriage, as per the terms of the Marital Settlement Agreement between the parties. RULE RETURNABLE WITHIN=DAYS FROM THE DATE OF SERVICE OF THIS RULE. BY THE COURT: tn a 2rO N-e Seai ov, SIC his day of JOHN F. KING LAW, P.C. -7� Johii F. King, Esquire ID #61919 4076 Market Street A z I L LOITICY T,i Camp Hill, PA 17011 le idanuret I oner (717) 695-2222 (717) 695-2207 FAX RICKY D. CONKLIN IN THE COURT OF COMMON PLEAS V. Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-1838 CIVIL TERM YVONNE R. CONKLIN Defendant IN DIVORCE PREVIOUS JUDGE: HON. EDWARD E. GUIDO PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT PURSUANT TO 23 PACSA §3105(a) AND NOW comes the Petitioner, Yvonne R. Conklin, pursuant to 23 PaCSA §3I I 05(a), who avers as follows- The Petitioner is Yvonne R. Conklin, who resides at 18 Maple Drive, Mechanicsburg, Cumberland County, PA 17050, and who is represented by John F. Kincy Esq., 4076 Market Street, Camp Hill., PA 17011, telephone (717) 695-2222. The Respondent is Ricky D. Conklin, who resides at 1021 Chalet Drive, Sandusky, OH, and who is believed to be represented.by Richard Druby, Esq., I 135 E. Chocolate Avenue, Hershey, PA 170333, telephone (717) 533-5406. 3. The Petitioner and Respondent were divorced from the bonds of matrimony by way of a Decree in Divorce dated July 15, 2008, issued by the Honorable Edward E. Guido. A copy of the Decree in Divorce is attached hereto and marked as Exhibit A. 4. The parties negotiated and executed a Marriage Settlement Agreement dated June 16, 2008. A copy is attached hereto and marked as Exhibit B. 5. 23 PaCSA §3105(a) states: A party to an agreement regarding inallers tii)iihin the hir"i,sdzr1inn ofthn ('n?,rl L,nder"tr;i" *;_t ,I iL f u., ., 9-,cecirer" not the agreement has been merged or ineor/9or-aled into the decree, may utilize a remedy or"sanction set.forth in this part to enforce the agreement to the same extent as thoZrgh the agr"eerrrent had been an order of the Court, except provided to the contrary in the agreement. 6. The aforementioned Marital Settlement Agreement does not preclude a party from exercising their enforcement right as allowed under 23 PaCSA ;105. %. The Martial Settlement Agreement in paragraph 9B3 states as follows: Employee Benefit and Retirement Plans -Each party shall retain all of their own employee benefit, 101(k), savings andlor°retirement plans'proceeds free of any claim by the other"party. However, HUSBAND agrees that WIFE shall receive 5900.00 per month from HUSBAND:s military retirement and shall reinair7 the beneficiary gfhis military retirement survivor's benefit and so it shall remain unto her death, regardless of remarriage. 8- Since the parties' divorce, Respondent has failed to execute a "Survivor benefit Plan (SBP) Election Statement for Former Spouse Coverage (DD Form 2656-1)," so as to effectuate the terms of the Marital Settlement Agreement, paragraph 983, naming Petitioner as the beneficiary of his military retirement survivor's benefit until her death. 9. Petitioner believes, and therefore avers, that the Department of Defense Retirement Regulations will allow for her to submit the necessary paperwork to effectuate the aforementioned terms of the Marital Settlement Agreement, paragraph 9B3, so long as the terns of the Marital Settlement Agreement are entered as a Court Order. 10. The Petitioner believes, and therefore avers, that because more than one (1) year has passed since the entry of the aforementioned Divorce Decree, it will be impossible for the terms of the Marital Settlement Agreement,paragraph 9B;, to be effectuated absent a Court Order. WHEREFORE, Petitioner respectfully requests this Honorable Court to issue a Court Order requiring that the Petitioner, Yvonne D. Conklin; be named as the Survivor Benefit Plan beneficiary for the military retirement of the Respondent, Ricky D. Conklin, and to remain such until her death, regardless of remarriage, as per the terns of the Marital Settlement Agreement between the parties. Dated: September 2012 .4 Soil*"F. King, Esquire r D #61919 4076 Market Street Camp Hill, PA 17011 (717) 695-2222 RICKY D. CONKLIN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-1838 CIVIL TERM YVONNE R. CONKLIN, Defendant/Petitioner . IN DIVORCE ORDER OF COURT AND NOW, this 2nd day of January, 2013 , after hearing, it is hereby ordered. and directed as follows : 1 • The parties ' marital settlement agreement dated June 16, 2008 , is incorporated but not merged into the Divorce Decree . 2 • We specifically find that it was the intention of the parties that wife be named as the former spouse beneficiary under husband ' s military retirement for the extent of her lifetime. The parties are directed to cooperate in order that Form DD 2656-10 may be filed confirming that agreement . If wife ever becomes disqualified by reason of remarriage to continue as the former spouse beneficiary, she shall have a claim against his estate for the value of said program. 3 • Husband shall continue to be responsible for the payment of any premium incurred in connection with wife ' s being named as a former spouse beneficiary. 4 . Husband shall execute any documents provided by wife in order to have a qualified Domestic Relations Order entered for one half of his military retirement, not to exceed $900 . 00 per month. 5 . To the extent that the portion of husband' s military retirement received by wife is less than $900 . 00 per month, the difference shall be paid by Respondent husband directly to wife as alimony. 6 . Petitioner wife ' s request for attorney fees and costs are DENIED. By the Court, Edward E. Guido, J. Richard B. Druby, Esquire Attorney for Plaintiff/Respondent -v `, John F. King, Esquire f-.r� �,. n�r-- YAttorney for Defendant/Petitioner �U a ;7 GJ _4 c) srs -0 v-^ C fi=t Ln In Test;rnor _.....-_ , i ,...re. un!o se'niy hand and the sea , 1 <h iG :ou 'at Carlisle, Pa. This da',of_ 20 Prothonotary L;tl V // YVONNE R CONKLIN 20130422 EFFECTIVE WITH CHECK DATED MAY O1 2013, YOUR ENTITLEMENT WILL BE CHANGED AS FOLLOWS: CHILD SUPPORT .00 ALIMONY .00 COMM PROP 791 .55 000096 FED TAX .00 YVONNE R CONKLIN ADDL FED TAX .00 18 MAPLE DRIVE TAX CODE M03 MECHANICSBURG PA 17050-0000 H316o Y, RICKY i..L l_.ONX LI. } `1021 CF ALET DR r 1 �4 .r t K r �i5 3f sANDUSKY ox 44s7aso76 83 4630 PL �. 4 � to Pav ord -. : 'tot o� � 4� yg rte�f,,• � FA 005489�4b0�s2���5573 r ',^f.y�, $n^"1.��s�,74•d Y� ".'py��iq 5i _ �'� s y.'+Rio-#?.:i x 9lTV r�}lrir�xC t. } 1 ,Y�mfr x C = tT �j t �sf = ,`, ■ssxe�•AV�.a..�e.•�,wria �•. t5,,.u�mRS{x�..sfr�ax ->,�. ,pz. ^u��L - ' IJ CO � z -1021 CHALET SANDUSKY OH 70-50 63-0/630 fL' ' :' e 4 + � � s,a�� t t t,�� t� fs •s�Z 1416 �F t to o.d = Y � � f BankofAmeric AiCF4 , 083100¢77. 3 r 'e063000D4 ?am 00 4 944Q0� 2 �° 5572 7 r ) � F � ..cs_� � _. 4.�. ;�..,�'+ ... r is _�.?.�� xl,.,;ate a��,n S�.+,.•.�srs_�`,oa�t..a..•�. 4,r: �-.,'.;.2 �'�:s'��`,z....°5,.... C) ' RICKY D. CONKLIN IN THE COURT OF COMMON PLEAS Plaintiff • Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2008-1838 CIVIL TERM YVONNE R. CONKLIN : Defendant : IN DIVORCE Petitioner : RULE TO SHOW CAUSE _, 2013, u AND NOW, this 9111 day of V�t,17 upon consideration of the p foregoing Petition for Contempt, the Court grants a Rule to Show Cause why an Order should not be granted granting the relief sought by the Petitioner/Defendant, Yvonne D. Conklin, RULE RETURNABLE WITHIN /d DAYS FROM THE DATE OF SERVICE OF THIS RULE. BY THE COURT: 40" J. C) . c --..ri c r'r i,- (/)1 1 a Cd c.; 0 ES C.ed j—r_..<Ct �T: r�N n , t • `/1�I'j c> �< •1 l ` Cif,-..„, - 444 7AuAty _....7/(3// rvL a Fj CA Fit JOHN F. KING LAW, P.C. " 0 TA John F. King, Esquire Jul ' ID #61919 2: 26 4076 Market Street Attorney for 69 ,luw • Camp Hill, PA 17011 r'� vAft 6FfP4T�' (717) 695-2222 !A (717) 695-2207 FAX RICKY D. CONKLIN IN THE COURT OF COMMON PLEAS 'Plaintiff Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-1838 CIVIL TERM YVONNE R. CONKLIN : Defendant IN DIVORCE Petitioner PREVIOUS JUDGE: HON. EDWARD E. GUIDO PRAECIPE TO WITHDRAW CONTEMPT PETITION TO: Prothonotary Kindly withdraw Defendant/Petitioner's Petition for Contempt filed on July 2, 2013, and so mark the docket. Dated: July 18, 2013 JOHN F. KING LAW,JP.C. By: John F. King, Esquire ID #61919 4076 Market Street, Ste 1 Camp Hill, PA 17011 (717) 695-2222 (717) 695-2207 FAX RICKY D. CONKLIN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY,PENNSYLVANIA vs. CIVIL ACTION-DIVORCE NO. 08-1838 CIVIL TERM Defend ant/Petitioner ORDER OF COURT AND NOW, this 2nd day of August, 2013,upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby ordered that the parties and their respective counsels appear before R.J. Shadday on August 22,2013 at 1:30 P.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: (i) a true copy of your most recent Federal Income Tax Retum, 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 19 10.11 c (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. _ !, tb If you fail to appear for the conference or to bring the required documents,the court may issue a warrant for your arrest and/or enter an interim order. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the action. BY THE COURT, Date of Order: August 2, 2013 Edward E. Guido,` Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD ST. CARLISLE, PENNSYLVANIA 17013 (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: 717-240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference.