Loading...
HomeMy WebLinkAbout08-2035G GARY HENDRICKSON : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 08.9 3s' iv:t der PHYLLIS HENDRICKSON : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 GARY HENDRICKSON : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA 4 26 3? VS. :NO. PHYLLIS HENDRICKSON : CIVIL ACTION - LAW Defendant : IN DIVORCE COUNTI COMPLAINT FOR DIVORCE UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE AND NOW, comes the above-named Plaintiff, Gary Hendrickson, by his Attorneyy, Mark A. Mateya, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant upon the grounds hereinafter more fully set forth. Plaintiff is Gary Hendrickson, an adult individual who currently resides at 10 Meetinghouse Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. All legal papers may be served on Plaintiff by service on his Attorney, Mark A. Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, PA 17007. 3. Defendant is Phyllis Hendrickson, an adult individual who currently resides at 10 Meetinghouse Road, Carlisle, Cumberland County, Pennsylvania 17013. 4. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married on May 17 1975, in Harrisburg, Dauphin County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment of marriage between the Parties in this or any other jurisdiction. 7. The marriage is irretrievably broken. 8. Neither the Plaintiff nor the Defendant are members of the armed services of the United States or any of its allies. 9. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. COUNT II CLAIM FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE 10. Plaintiff and Defendant are the owners of various items of real property, personal property, furniture and household furnishings that may be subject to equitable distribution by this Court. 11. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits which may be subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests the Court to enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant; b. Equitably distributing all property owned by the parties hereto; C. In the event that a written Separation Agreement is reached between the parties hereto prior to the time of hearing on this Complaint, Plaintiff respectfully requests that pursuant to §304(a)(1) and (4) and §401(b) of the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; e. For such further relief as the Court may determine equitable and just. Respectfully submitted, Dated b 8 By: LL k - "F Mark A. Mateya Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Plaintiff VERIFICATION I, Gary Hendrickson, verify that the facts set forth in the foregoing Complaint for Divorce are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. DATED: 3 -1 7- ZOO69 Gary Hendrickson t.? r f \ ' ? T v r+ ? ?.1 T. ?? O t" w GARY HENDRICKSON, Plaintiff VS. PHYLLIS HENDRICKSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.08-2035 Civil Term : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 8th day of April, 2008, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: 1. A Complaint for Divorce and Custody was filed to the above term and number on March 31, 2008 2. On April 1, 2008, a certified copy of the Complaint in Divorce and Custody was sent to the Defendant via certified mail, restricted delivery, return receipt requested pursuant to Pa. R.C.P. 1920.4. See the Receipt attached hereto as Exhibit "A" and incorporated herein by reference. 3. On April 1, 2008, a certified copy of the Complaint was set to the Defendant via first class mail, postage prepaid. A copy of the Certificate of Mailing is attached hereto as Exhibit "B" and is incorporated herein by reference. f 4. On or about April 8, 2008, undersigned counsel for Plaintiff received the return receipt card signed by the Defendant on April 2, 2008. Said receipt is attached hereto as Exhibit "A" and is incorporated herein by reference. Respectfully submitted, Mark A. Matey Esquire Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff _ ?:: ?,? ,ss. . ?+ 't ?.n , y ` ?l? "t ? ?1? FILEO-OFFICE OF THE PROTHONOTARY 2011 JAN 20 PM 3: 14 CUMBERLAND YLAN A TY GARY HENDRICKSON, Plaintiff VS. PHYLLIS HENDRICKSON, Defendant : IN THE CQURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2035 CIVIL ACTION - LAW IN DIVORCE ORDER APPOINTMENT MASTER AND NOW, this A D -4 day of 12011, ? 1?- Esq. is appointed master with respect to the following claims: 1. Equitable Distribution; 2. Granting of Divorce Decree; 3. Distribution of Property; and 4. Alimony BY THE COURT: V540", 4-F /9. J. ,0olwt Liebernun, Es IUx*x Law Firm COPles Md acl rt l /OK8 I 9 3 GARY HENDRICKSON, Plaintiff vs. FHYLLIS HENDRICKSON, Defendant IN THE.. COURT OF' COMMON F'v~EAS OF CUMBERLAND COUNTY, PENNS`.'L~'ANIA N0. 08 - 2035 CIVIL IN DIVORCE ORDER OF COURT l /~ l AND NOW , this ~ .Q~ day o f ~ L,U~`P~YYLrv~h.~'~ , 2012., the economic claims raised in the proceedings I;avng been rescived in accordance with a separation and. property settlement agreement dated October 23, 2012, the appc_i_nt.ment of the Master :is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in ~Aivorce. BY THE COURT, ~~ Ke n A. Hess, F..i . cc: +~Mar:~ A. Mateya. Attorney for Plaintiff c=am r:• ' Robert Lieberman ~ Attorney for Defendant •~~y "'~ s.---: /~ ~ ~ ' ~~ ..,, z ~ ~ ~~~ ~~ rn .~ L-.1S ~6~5 /ri ~~~: ! -cameo / s`~ ~ 4~~,] .~yy / e1.. y~ ~~~ ~t-~ ~ l ~y W , j _..~ ~ . . ~ GARY HENDRICK:SON : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 08-2035 .._? ~,,, r- t ~ <_.:.~ PHYLLIS HENDRICKSON :CIVIL ACTION -LAW ~-y, r~ ~ ~. -~ r r, Defendant : IN DIVORCE ~ ~ -~= ~ j,-~-., i/~ -~ ~ `~'' =~= c::~ ~ c SEPARATION AND PROPERTY SETTLE T AGREEMENT 1 ~ _~ r- -., ,~ ~ ` } ~ of ~ ~01z' da ` r, thi ~~ THIS AGREEMENT d ~Y ` ._e i ~~ :> , y .~, ~ ma e s a .~ ~3 j by and between PHYLLIS HENDR[CKSON, of Carlisle, Cumberland County, Pennsylvania,' party of the first part, hereinafter referred to as "Wife," AND GARY HENDRICKSON, oi' Carlisle, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Husband," WI'I'NESSE'I'H: WHEREAS, 1-Iusband and Wife were married on May 17 1975, in Harrisburg, Dauphin County, Pennsylvania.; and WI-IEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHERF,AS, certain differences have arisen between the parties hereto which. have made them desirous of living separate and apart from one another; and W'IIEREAS, 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 an:d 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 Page 1 of 15 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 full and ample opportunit}~ to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parities hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, anal 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 I 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 tune 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 he:r 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 II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by Page 2 of 15 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-prosecu ion or non- defense oI' 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 as been, rnay, or shall be instituted by the other party, or from taking 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 anal Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, or any reason, illegal, or for any reason whatsoever of public policy, unenforceable in. whole or in part. Yiusband and Wife do each hereby warrant, covenant and agree that, in anti possible event, he and she are and shall forever be estopped from asserting any illegality or unenforce-ability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision 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. Page 3 of 15 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. ARTICLE III 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 earning 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 tc medical, retirement, insurance or other benefits; the contribution or dissipation of each part 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 Page 4 of 15 way a safe 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 Personal and Business Proper The parties acknowledge the following concerning their personal property: Wife shall keep all of her antiques and antique business and shall he the sole owner. Skirt Gu~~rd business wiLf remain the sale property of Husband. The parties acknowledge that they have divided i:heir personal property, tangible and intangible, to their mutual satisfaction. "The parties further agree to work together to effect the exchange of any remaining items within thirty (30) days of the date of the execution of this document. The parties further acknowledge that they have the cash, accounts, or other tangible and intangibl+: property in their possession that they wish to have, and neither will make anv 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 Life Insurance. Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. 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 policy, notwithstanding the above . :Husband agrees to maintain atwenty-five thousand dollar ($2.5,000.00) death benefit with Phyllis Hendrickson as benefici<rry on his life on his existing life insurance policy. Husband agrees to request that his insurance company, AXA Equitable, send to Phyllis Hendrickson any premium notices, lapse notices, or change notices of any type to her in addition to Husband. Page 5 of 15 (Policy Number 46 234 343) Husband agrees to share with Phyllis Hendrickson confirmation from A~S:A Equitable- that she is, indeed, the beneficiary of said policy within ten days of the date of execution of this document. 3.5 Medical Coverage. Husband agrees to pay for wife's medical COBRA coverage through the current medical insurer until COBRA coverage is exhausted. Thereafter, Husband will pay to wife an amount for coverage equal to the COBRA coverage until such time as Wife qualifies for Medicare. 3.6 Subsequently Acquired ProQerty. 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 th.e 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. 3.7 Pension, Retirement, Profit-Sharing. Commencing in November, 2012, Husband and Wife will. shaze evenly in Husband P~SERS retirement account. 'The parties agree to t:he creation of a Qualified Domestic Relations Order to that end, and further agree to share in the cost of the creation of a Qualified Domestic Relations Order. Husband and Wife agree that Husband will keep the American Fund. Actuaries Conrad Siegel will be hired to create the Qualified Domestic Relations Order and perform and vah.~ation or similar or related work necessary to carry out their work.. Husband will pay the first $501) for this work by Conrad Siegel;. thereafter Husband and Wife will share evenly in the cost of t:he work done by Conrad Siegel in this matter. Vehicles. The parties acknowledge that Wife and Husband shall each retain. their own vehicle. Husband will retain a 2001 Ford F-150 pickup truck and Wife shall retain a 2011 Page6of15 Toyota. Each party agrees to be responsible in all ways for his or her own vehicle and releases the other from responsibility therefrom, including the insurance thereon. 3.9 Intangible Personal Property. The parties have already transferred or wai~~ed rights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party al;rees to sign any documents necessary to close any joint accounts within fifteen (15) days of signing this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other investments or intangible personal property that have already been retained by that party as described herein. 3.10 Real Estate. The parties joirrtly have equity in the real estate located at 101`/Ieetinghouse Road, C~~rlisle, Cumberland County, Pennsylvania (hereinafter house). Husband and Wife agree as follows: A. The house shall become the sole property of Wife. Husband agrees to Wife maintaining scale ownership of the real estate located at 10 Meetinghouse Road, Carlisle, Cumberland County, Pennsylvania. B. Husband will execute a quitclaim deed to wife. C. Husband and Wife agree that Wife will assume the outstanding sewer bill from .North N[iddleton Township, Cumberland County, Pa: Husband agrees to pay to wife $600 within ten days of the date of this agreement. D. Wife shall be solely responsible for the payment of the mortgage, upkeep, taxes, utilities and all other costs associated with the ownership, insuring, and maintenance of the house. E. Wife shall apply for a mortgage in her name to replace the current mortgage in the name Page T of 15 of husband and wife within thirty-six months of the date of execution of this document. In the event that, after thirty-six months of the date of execution of this document, wife is unable to qualify for a mortgage without the help of husband's income and name attached to the mortgage, Wife shall have an additional thirty-six months to attempt to qualify for a mortgage without the help of husband's income and name attached to the mortgage. In the event wife is unable to qualify :For a mortgage without the help of h.usband's income and name attached to the mortgage seventy-two months after the date of execution of this document, Wife agrees to attempt to qualify far• a mortgage without the help of Husband's income and name attached to the mortgage at least once every six months thereafter until such time as the mortgage is paid in full. F. Wife further agrees not to encumber the real estate herein with any additional encumbrance; or lien until such time as she has obtained a mortgage without husband's help. ARTICLE IV DEBTS OF THE PARTIES 4.1 From the date of execution of this Agreement forward, Wife shall retain solo and exclusive responsibility and obligation for the repayment of debts which she incurs. Wife shall indemnify Husband and hold him harmless from and against any and alI demands for payment or collection activity of any nature whatsoever relative to any such debt. Likewise Husband shall retain sate and exclusive responsibility and obligation for the repayment of debts which he incurs. Husband shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to any such debt. Page 8 of 15 4.2 Each party represents to the other that except as is otherwise set forth in this .Agreement, there are no major outstanding obligations of the parties; that since the separation neither party has contracted or any debts for which. the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed. under this Agreement.. ARTICLE V ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. CHILD SUPPORT AND MAINTENANCE .5. Husband and Wife agree as follows: A. Husband shall pay to wife the; amount of one dollar ($1.00) per year in alimony for the sole purpose of creating an alimony order and not forever closing the door csn: alimony payments from Husband to Wife; B. Husband agrees to share his income tax return with wife by May 15~h of each year in which she makes the request of same to him; ('. Husband and wife agree that alimony will be increased from the agreed amount of one dollar per year if and only if :Husband's net income from the Skirt Guard business increases in any one year by ?!wenty percent from the previous year. Page 9 of 15 ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The parties acknowledge that they have either received independent legal advice from cotuisel 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 and 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 duxes or undue influence, and further that it is not the result of any collusion. or improper or illegal agreement or agreements. 6.2 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 rhereof; 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 v~idower'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 ~:.,f the United States, or (c 1 any other country, or any rights which either party may have or at any time F~age 10 of 15 hereafter have for 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. 6.3 Bankruptcy. The parties agrf;e that any and all financial obligations assumed herein shall not be subject to discharge through bankruptcy proceedings. 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 parry claiming bankruptcy ti:~r any and all sums that the other party assumes or is required to pay due to the actions of the party claiming bankruptcy. Further, all rights available to the other party provided for in this Agreement shall be available to the party not filing bankruptcy. 6.4 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 he 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 Page 11 of 15 and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other alter the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither cf them. hereafter incur any liability whatsoever for which the estate of the other may be liab;~.e. 6.5 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. 6.6 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. 6.7 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. ,~ 6.8 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.9 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. Page 12 of 15 6.10 Severability. If any term, condition, clause, section, or provision of this Agreement shall be deterniined or declared to be void or invalid in Iaw 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 moire of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.11 It is specifically understood and agreed that this Agreement constitutes the 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. 6.12 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 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. 6.13 Enforceability and Consideration. This Al,~reement 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 perfr>rmed. The consideration for this contract and agreement is the mutual benef is to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. "Che Page 13 of 15 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 Agreeme;nt 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 t:o enforce this Agreerr~ent against the breaching party. In the e~~ent 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 thus Agreement. IT1 WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WI"I`NESSED BY: ~..C/~. t'~ .. 4 .~~~~~ ,.- / r L~%;, / ' ,' ~y~'~r.~i,~~' _p~,.~.,-.. ~~ Gary Hendrickson Phyllis Hendrickson Page 14 of 15 COMMONWEALTH OF PENNSYLVANIA COLNTY OF CUMBERLAND On this ~`~ of ~~~'~~"'~~ , 2012, before me, the undersigned officer, personally appeared GARY HENDRICKSON, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged. that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and officia[ seal. Notary Public `.'sputa} furl.=~. ~~~ h r COMMONWEALTH OF PENNSYLVANIA COUNT~t' OF CUMBERLAND €:~.a~.~rs~J ',.. . 112:! Fd1~ `Qi °<fl {: y' ,r'r r; 'i ic~.t~t ~.~~~-;;a , ~~ ~ ~- On this ~<~`"may of ~~~~•''~`~ , 2012, before me, the undersigned officer, personally appeared PHYLLIS HENDRICKSON, known to me (or satisfactory proven) to be the :person whose name is subscribed to the within Agreement and acknowledged that she executed the same fo:r the purpose therein contained. II~1 WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public Fii97 i ~ f~_i ~ C i d'.} u ~ DC~tJ1lC aouth ~~il ~Ita , } ; l ~~lti «W:cruslty Pl~rrxnrl .; ,._._.~,~ ~.,~.c~~ , Pt r,. ,, lrw.,~~ --., C :\MARI<~\Clients\Hendrickson\NISA 10. wpd :page 15 of 15 GARY HENDRICKSON : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNe%YLVkNJA c ; VS :NO. 08-2035 zW -T{ . Z? -um PHYLLIS HENDRICKSON : CIVIL ACTION - LAW <> w o° Defendant : IN DIVORCE mcn 0 ? Z I?J C) ;r AFFIDAVIT OF CONSENT 4 `- - Wl r ? rU ?? 1. A Complaint in Divorce under Section 3301(c) or (d) of the Divorce Code was filed on March 31, 2008. 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 in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. 9 Gary J. e drickson Plaintiff DATED: 16*,)- Z 3 - Z-01 Z GARY HENDRICKSON Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA C-) = VS. :NO. 08-2035 rn3 r*t PHYLLIS HENDRICKSON : CIVIL ACTION - LAW Wr- '< Defendant : IN DIVORCE r-i w ° -? t>C MC) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY (Tz r=' A DIVORCE DECREE UNDER & 3301(c) OF THE DIVORCE CUD-Z- 1 . I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. r M o, -4 o x-0 O -0 ;- a? :X7 I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. DATE - 2 3 - 2 G ?- v Gary J. 14ei(drickson Plaintiff GARY HENDRICKSON : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVAN IA VS. : NO. 08-2035 3 +v PHYLLIS HENDRICKSON : CIVIL ACTION - LAW a Defendant : IN DIVORCE ,r- ) r - -+c ?-1[ c) v ©-n AFFIDAVIT OF CONSENT M 73 1. A Complaint in Divorce under Section 3301(c) or (d) of the Divorce Code was filed on March 31, 2008. 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 in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Pllis J. I 'ckson Defendant t DATED: /G -?3 -o?Q/v`X GARY HENDRICKSON Plaintiff VS. PHYLLIS HENDRICKSON Defendant 1. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2035 CIVIL ACTION - LAW IN DIVORCE ca? ... 2 ? . tv ro =r r*t? o - -ro ' zF3 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. DATE p eis n ' kson Defendant I consent to the entry of a final decree of divorce without notice. GARY HENDRICKSON Plaintiff VS. PHYLLIS HENDRICKSON Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYIXAW C - • -n 3 N NO. 08-2035 o CIVIL ACTION - LAW r -<:r> _ w IN DIVORCE <c? zo EtTY SETTLE T AGREEMENT y. N f 0?jv-? -I N THIS AGREEMENT made this23 -4 day of ,2012, by and between PHYLLIS HENDRICKSON, of Carlisle, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Wife," AND GARY HENDRICKSON, of Carlisle, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Husband," WITNESSETH: WHEREAS, Husband and Wife were married on May 171975, in Harrisburg, Dauphin County, Pennsylvania.; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; 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 .c rn M o° - C:) = nj C) -c? ?f" Page 1 of 15 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 full 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 I 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 H DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by Page 2 of 15 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 as been, may, or shall be instituted by the other party, or from taking 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, or 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 provision 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. Page 3 of 15 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. ARTICLE III 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 parry to the education, training or increased earning 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 part 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 Page 4 of 15 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 Personal and Business Property. The parties acknowledge the following concerning their personal property: Wife shall keep all of her antiques and antique business and shall be the sole owner. Skirt Guard business will remain the sole property of Husband. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties fixrther agree to work together to effect the exchange of any remaining items within thirty (30) days of the date of the execution of this document. 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 We Insurance. Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. 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 policy, notwithstanding the above. Husband agrees to maintain a twenty-five thousand dollar ($25,000.00) death benefit with Phyllis Hendrickson as beneficiary on his life on his existing life insurance policy. Husband agrees to request that his insurance company, AXA Equitable, send to Phyllis Hendrickson any premium notices, lapse notices, or change notices of any type to her in addition to Husband. Page 5 of 15 (Policy Number 46 234 343) Husband agrees to share with Phyllis Hendrickson confirmation from AXA Equitable that she is, indeed, the beneficiary of said policy within ten days of the date of execution of this document. 3.5 Medical Coverage. Husband agrees to pay for wife's medical COBRA coverage through the current medical insurer until COBRA coverage is exhausted. Thereafter, Husband will pay to wife an amount for coverage equal to the COBRA coverage until such time as Wife qualifies for Medicare. 3.6 Subsequently Acquired Prouerty. 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. 3.7 Pension, Retirement, Profit-Sharing. Commencing in November, 2012, Husband and Wife will share evenly in Husband PSERS retirement account. The parties agree to the creation of a Qualified Domestic Relations Order to that end, and further agree to share in the cost of the creation of a Qualified Domestic Relations Order. Husband and Wife agree that Husband will keep the American Fund. Actuaries Conrad Siegel will be hired to create the Qualified Domestic Relations Order and perform and valuation or similar or related work necessary to carry out their work. Husband will pay the first $500 for this work by Conrad Siegel; thereafter Husband and Wife will share evenly in the cost of the work done by Conrad Siegel in this matter. Vehicles. The parties acknowledge that Wife and Husband shall each retain their own vehicle. Husband will retain a 2001 Ford F-150 pickup truck and Wife shall retain a 2011 Page 6 of 15 Toyota. Each parry agrees to be responsible in all ways for his or her own vehicle and releases the other from responsibility therefrom, including the insurance thereon. 3.9 Intangible Personal Property. The parties have already transferred or waived rights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint accounts within fifteen (15) days of signing this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other investments or intangible personal property that have already been retained by that party as described herein. 3.10 Real Estate. The parties jointly have equity in the real estate located at 10 Meetinghouse Road, Carlisle, Cumberland County, Pennsylvania (hereinafter house). Husband and Wife agree as follows: A. The house shall become the sole property of Wife. Husband agrees to Wife maintaining sole ownership of the real estate located at 10 Meetinghouse Road, Carlisle, Cumberland County, Pennsylvania. B. Husband will execute a quitclaim deed to wife. C. Husband and Wife agree that Wife will assume the outstanding sewer bill from North Middleton Township, Cumberland County, Pa: Husband agrees to pay to wife $600 within ten days of the date of this agreement. D. Wife shall be solely responsible for the payment of the mortgage, upkeep, taxes, utilities and all other costs associated with the ownership, insuring, and maintenance of the house. E. Wife shall apply for a mortgage in her name to replace the current mortgage in the name Page 7 of 15 of husband and wife within thirty-six months of the date of execution of this document. In the event that, after thirty-six months of the date of execution of this document, wife is unable to qualify for a mortgage without the help of husband's income and name attached to the mortgage, Wife shall have an additional thirty-six months to attempt to qualify for a mortgage without the help of husband's income and name attached to the mortgage. In the event wife is unable to qualify for a mortgage without the help of husband's income and name attached to the mortgage seventy-two months after the date of execution of this document, Wife agrees to attempt to qualify for a mortgage without the help of Husband's income and name attached to the mortgage at least once every six months thereafter until such time as the mortgage is paid in full. F. Wife further agrees not to encumber the real estate herein with any additional encumbrance or lien until such time as she has obtained a mortgage without husband's help. ARTICLE IV DEBTS OF THE PARTIES 4.1 From the date of execution of this Agreement forward, Wife shall retain sole and exclusive responsibility and obligation for the repayment of debts which she incurs. Wife shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to any such debt. Likewise Husband shall retain sole and exclusive responsibility and obligation for the repayment of debts which he incurs. Husband shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to any such debt. Page 8 of 15 4.2 Each party represents to the other that except as is otherwise set forth in this Agreement, there are no major outstanding obligations of the parties; that since the separation neither party has contracted or any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE V ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT CHILD SUPPORT AND MAINTENANCE 5. Husband and Wife agree as follows: A. Husband shall pay to wife the amount of one dollar ($1.00) per year in alimony for the sole purpose of creating an alimony order and not forever closing the door on alimony payments from Husband to Wife; B. Husband agrees to share his income tax return with wife by May 15th of each year in which she makes the request of same to him; C. Husband and wife agree that alimony will be increased from the agreed amount of one dollar per year if and only if Husband's net income from the Skirt Guard business increases in any one year by twenty percent from the previous year. Page 9 of 15 ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. 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 and 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. 6.2 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 Page 10 of 15 hereafter have for 14e, 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. 6.3 Bankruptcy. The parties agree that any and all financial obligations assumed herein shall not be subject to discharge through bankruptcy proceedings. 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 parry claiming bankruptcy for any and all sums that the other party assumes or is required to pay due to the actions of the party claiming bankruptcy. Further, all rights available to the other parry provided for in this Agreement shall be available to the party not filing bankruptcy. 6.4 Warranties. Each parry represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other parry 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 Page 11 of 15 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. 6.5 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. 6.6 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. 6.7 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. 6.8 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.9 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. Page 12 of 15 6.10 Severability. 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 parry 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. 6.11 It is specifically understood and agreed that this Agreement constitutes the 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. 6.12 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 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. 6.13 Enforceability and Consideration. 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 Page 13 of 15 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. WITNESSED BY: Gary He ckson Phyllis Hendrickson Page 14 of 15 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this A3" - day of M#4v , 2012, before me, the undersigned officer, personally appeared GARY HENDRICKSON, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Frances A. Aumiller, Notary Public South Middleton Twp., Cumberiand County My Commission Expires March 16, 2014 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this A3AIC' of LvxbL? , 2012, before me, the undersigned officer, personally appeared PHYLLIS HENDRICKSON, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Frances A. Aumiiler, Notary Public South Middleton Twp., Cumberland County My Commission Expires March 16, 2014 Member, Pennsylvania Association of Notaries C:\MARK\Clients\Hendrickson\MSA l O.wpd Page 15 of 15 Gary Hendrickson IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION Phyllis Hendrickson NO. 08-2035 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: c? together with the following information, to the court for entry of a %*e Transmit the record `= ;Z; , decree: Z M oZ r?n _?+ r I. Ground for divorce: A w o z? Irretrievable breakdown under § (3301(c)) and <a zo § (3301(dxl)) of the Divorce Code. *M = C)--M (Strike out inapplicable section.) 2. Date and manner of service of the complaint: 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 10/23/12 ; by defendant 10/23/12 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiffs § 3301(d) affidavit upon the respondent opposing party: 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 plaintiffs Waiver of Notice was filed with the Prothonotary: 11/13/12 Date defendant's Waiver of Notice was filed with the Prothonotary: 11/13/12 Attorney for PI ' fendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Gary Hendrickson Plaintiff CIVIL ACTION - LAW VS. IN DIVORCE Phyllis Hendrickson NO. 08-2035 Defendant STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this 3 :f day of 12a 111 2-6 13 , the parties, Gary Hendrickson, Plaintiff, and Phyllis Hendrickson, Defendant, do hereby Agree and Stipulate as follows: 1. The Plaintiff, Gary Hendrickson (hereinafter referred to as "Member"), is a member of the Commonwealth of Pennsylvania, Public School Employees' Retirement System (hereinafter referred to as "PSERS"). 2. PSERS, as a creature of statue, is controlled by the Public School Employees' Retirement Code, 24 Pa. G.S. §§8101 et. seq. ("Retirement Code"). 3. Member's date of birth and Social Security number are contained in the attached Addendum. 4. The Defendant, Phyllis Hendrickson (hereinafter referred to as "Alternate Payee"), is the former spouse of Member. Alternate Payee's date of birth and Social Security number are contained in the attached Addendum. 5. Member's last known mailing address is: 228 Conway Street, 2"d Floor Carlisle, PA 17013 6. Alternate Payee's current mailing address is: 10 Meetinghouse Road Carlisle, PA 17013 It is the responsibility of the Alternate Payee to keep a current mailing address on file with PSERS at all times. 7. The Alternate Payee is entitled to a portion of the Member's benefits under the Plan as set forth below. The Plan is hereby directed to pay Alternate Payee's share directly to Alternate Payee. 8. The Member is currently receiving a monthly annuity for his lifetime pursuant to the terms of Option 1. Member waives his right to change his option selection by virtue of his divorce. 9. The Alternate Payee is awarded 50.0% of the Member's gross monthly annuity together with 100% of any death benefit payable under Option 1. In addition, the Alternate Payee shall receive 50.0% of any cost-of-living adjustments granted by PSERS. 10. Payments to the Alternate Payee shall commence as soon as administratively feasible after PSERS approves the Domestic Relations Order incorporating this Stipulation and Agreement. 11. Payments shall continue to Alternate Payee for the remainder of the Member's lifetime. 12. If the Member dies before the Alternate Payee, the Alternate Payee shall be paid 100% of any death benefit payable under Option 1. 13. If the Alternate Payee dies before the Member, the Alternate Payee's share of the member's pension and any death benefit payable under Option 1 shall revert to the Member or his beneficiary(ies). 14. Member hereby authorizes PSERS to release to Alternate Payee all information concerning Member's retirement account as it relates to the terms of this Order. For example, this will allow the Alternate Payee to check that she has been and continues to be named as the beneficiary for 100% of any death benefit payable under Option 1. 15. Alternate Payee may not exercise any right, privilege or option offered by PSERS. PSERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 16. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefits not otherwise provided by PSERS. The Alternate Payee is only entitled to the specific benefits offered by PSERS as provided in this Order. All other rights, privileges and options offered by PSERS not granted to Alternate Payee by this Order are preserved for Member. 17. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require PSERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; (b) Does not require PSERS to provide increased benefits (determined on the basis of actuarial value). 18. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 19. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require PSERS to provide any type or form of benefit, or any option not otherwise provided by PSERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 20. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon PSERS immediately. The Domestic Relations Order shall take effect immediately upon PSERS approval and PSERS approval of any attendant documents and then shall remain in effect until further Order of the Court. 3 r ' WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. BY THE COURT �l 0 j J � Plainti ber ate "Defendant/Alternate Payee Date Attorney for Plaintiff/ Date v Attorney for Defendant/ Date Member Alternate Payee -0 -v,c-. < 4 ADDENDUM TO DOMESTIC RELATIONS ORDER For Submission to Public School Employees' Retirement System Only Due to the Federal Privacy Act, many state courts prohibit the inclusion of personal data in public records to prevent identity theft. Therefore, please forward the following information sheet to Public School Employees' Retirement System when submitting the court certified copy of the Domestic Relations Order. Do NOT file the Addendum with the court. Participant Information Alternate Payee Information Name: Gary Hendrickson Name: Phyllis Hendrickson Address: 228 Conway Street, 2"d Floor Address: 10 Meetinghouse Road Carlisle, PA 17013 Carlisle, PA 17013 SSN: 066-40-9652 SSN: 190-42-7657 Date of Birth: May 17, 1950 Date of Birth: February 1, 1951 Participant Attorney's Information Alternate Payee Attorney's Information Name: Mark A. Mateya, Esq. Name: Robert B. Lieberman, Esquire Address: Mateya Law Firm Address: 1007 Mumma Road, Suite 101 55 West Church Avenue Lemoyne, PA 17043 Carlisle, PA 17013 Phone Number: (717) 241-6500 Phone Number: (717) 236-1485 The court certified copy of the Domestic Relations Order and this Addendum should be sent to: Public School Employees' Retirement System 5 North 5th Street Harrisburg, PA 17101 5