HomeMy WebLinkAbout08-2676
LAW OFFICES OF PETER J. RUSSO, P.C.
ATTORNEYS FOR PLAINTIFF
5006 EAST TRINDLE ROAD, SUITE 100
MECHANICSBURG, PA 17050
(717) 591-1755 - PHONE
(717) 591-1756 - FAX
KEVIN KENDIG : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
ZACHARY KENDIG, NO. p$ - a (o?(? C, v?1 -Qrn?
Defendant
TRIAL BY JURY DEMANDED
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 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 South Bedford Street
Carlisle, PA 17013
717-249-3166
1-800-990-9108
t' I`
TO: ZACHARY KENDIG
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW
MATTER WITHIN YS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED
INS '
PETER J. RUSSO
COUNSEL FOR KEVIN KENDIG
LAW OFFICES OF PETER J. RUSSO, P.C.
ATTORNEYS FOR PLAINTIFF
5006 EAST TRINDLE ROAD, SUITE 100
MECHANICSBURG, PA 17050
(717) 591-1755 - PHONE
(717) 591-1756 - FAX
KEVIN KENDIG : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
ZACHARY KENDIG, NO. 0 P- L 7 Z ?'c cn 1
Defendant
TRIAL BY JURY DEMANDED
COMPLAINT
AND NOW COMES, Plaintiff, Kevin Kendig, by and through his attorney the Law
Offices of Peter J. Russo, P.C., for Plaintiff's Complaint states:
1. Plaintiff, Kevin Kendig is an adult individual who resides at 120 State Street, York
Springs, Adams County, Pennsylvania.
2. Defendant, Zachary Kendig is an adult individual who resides at 74 Kline Road,
Shippensburg, Cumberland County, Pennsylvania.
3. Plaintiff was married to Nancy Kelsco, formerly known as Nancy Kendig (hereinafter
"Kelsco")
4. Plaintiff filed for divorce from Kelsco on April 15, 2005.
5. Plaintiff and Kelsco went to a Master Hearing on May 31, 2006.
6. An Agreement between the Plaintiff and Kelsco was reach on May 31, 2006. A copy of
the aforementioned Agreement is attached hereto as Exhibit A.
I ' 1 .
7. Master awarded Plaintiff the guns listed on Plaintiff's Pretrial Statement. See Paragraph
5, on page 3 of Exhibit A. A copy of Plaintiff's Pretrial Statement is attached hereto as
Exhibit B.
8. Included in the list of guns awarded to Plaintiff by the Master and included on his Pretrial
Statement was a Remington Wingmaster 870.
9. Plaintiff never received Remington Wingmaster 870 from Kelsco.
10. In an effort to recover the property that supposed to be delivered to Plaintiff pursuant to
the terms of Exhibit A, Plaintiff filed a petition to enforce Property Settlement Agreement
on or about October 22, 2007.
11. On or about January 11, 2008, a hearing was held and testimony given before the
Honorable Judge Ebert.
12. During the January 11th hearing, Defendant admitted possessing the subject Remington
Wingmaster 870.
13. Plaintiff's petition was eventually denied as the Honorable Judge Ebert believed that
Kelsco did not possess the Remington Wingmaster 870 and, based in part on Defendant's
own testimony, Defendant was in possession of Remington Wingmaster 870.
14. Defendant provided testimony, during his direct and cross examination that the
Remington Wingmaster 870 was given to the Defendant as a gift on this fourteenth (14th)
birthday.
15. The Remington Wingmaster 870 is registered to Plaintiff's fathers' name.
16. Plaintiff did not give the Remington Wingmaster 870 to Defendant as a gift.
17. Plaintiff has asked the Defendant to return the Remington Wingmaster 870 and
Defendant has been unwilling to do so.
i. ?
18. Plaintiff, as the owner of the Remington Wingmaster 870 demands the immediate return
of the Remington Wingmaster 870.
19. As of the date of this Complaint, Defendant continues to improperly and unlawfully
possess the property of Plaintiff in the form of the Remington Wingmaster 870.
WHEREFORE, Plaintiff prays this Court to take whatever actions are reasonably required,
including the entry of judgment against Defendant, along with court costs and counsel fees as
well as the use of the court's contempt powers, or any other remedy that is equitable and just to
enforce Plaintiff's rights.
Respectfully submitted,
]LAW OFFICES OF PETERI. RUSSO, P.C.
Peter J. Russo, Esquire
Attorney I.D. No. 72897
Elizabeth J. Saylor, Esquire
Attorney I.D. No. 200139
Attorneys for Plaintiff
5006 East Trindle Road, Suite 100
Mechanicsburg, 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
Date: Tuesday, April 22, 2008
2
Exhibit A
KEVIN KENDIG : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NANCY E. KENDIG, NO. 2005-1961
Defendant
IN DIVORCE
PRE-TRIAL STATEMENT OF DEFENDANT
LAW OFFICES OF PETER J. RUSSO, P.C.
Date of Marriage: September 17, 1983
Date of Separation: March 10, 2005.
Scott A. Stein, Esquire
I.D. No. 81738
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
Attorney for Plaintiff
VITAL STATISTICS INFORMATION
Husband, age 44, works for Convenience Leasing as a truck driver. Husband earns
$20.25/hour and is in good health.
Wife, age 44, works as a laborer for N & S Communications. Wife earns $10.00/hour and is
in good health.
Husband and Wife have three children, ages 21, 19, and 17, and currently reside with Wife.
I i ' , .1
Item No. Asset
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
(00) MARITAL ASSETS
Value
Real Estate - 74 Kline Road $480,000
Shippensburg, PA 17257 (Husband and Wife)
132 Shares, Orrstown Bank Stock $5,742
(Husband and Wife)
Farm Machinery and Equipment $15,000
(Husband and Wife) - sold at auction
unknown amount received from sale
Sheetz, Employee Stock Ownership Plan $4,356
(Husband) - current value 3/31/06 $6,506.70
1997 Chevy Truck (Wife)* $7,000
1989 Mercury Cougar (Husband)* $500
1986 Monte Carlo (Wife)* $2,000
2000 Harley Davidson Sportster (Wife)* $11,500
2001 Harley Davidson Wide Glide $15,500
(Husband)
1987 Chevy Truck (Husband) $500
M & T Bank Checking Account $300
PNC Bank Checking Account $188
Case 2090 Tractor (Husband and Wife) $8,000
Gun - M-17 AK Military Rifle,
Semi-Automatic 20 Round Clip (Husband and Wife)
Gun - Remington Golden Eagle,
7mm w/scope 4 x 12 power (Husband and Wife)
Gun - Remington 870 Express Magnum
12 gauge, Turkey choke (Husband and Wife)
Valuation Lein
Date
6/9/2005 Yes
3/10/2005 No
3/3/2005
3/31/2005 No
Yes
No
No
No
No
No
3/10/2005 No
3/7/2005 No
3/10/2005 No
2
i. ;.
(1)(i) MARITAL ASSETS
Item No. Asset Value
17 Gun -12-gauge Shotgun, Single Shot
(Husband and Wife)
18 Gun - 22 Marlin Rifle Semi-Automatic
(Husband)
19 Gun -16-gauge Bolt Action Shot Gun
(Husband)
20 Gun - 35 Marlin Deer Rifle with
Bushnel Scope (Husband)
21 Gun - Remington Wingmaster 870,
20-gauge Shotgun with Slug Barrel (Husband)
22 Gun - Remington Wingmaster 870,
Vented Rib 20-gauge Shot Gun (Husband)
23 7-drawer Craftsman Tool Box and
Craftsman Tools (Husband)
3
Valuation Lein
Date
;' i"
WOO NON-MARITAL ASSETS
Item No. Asset Value Valuation Lein
Date
NONE
r•
Item No. Asset
2
4
(WHO PROPERTY TRANSFERRED
Value Valuation Lein
Date
Gun - Remington 280 Stainless with Scope
(Zachary)
Gun - Remington 700 7-mm, 0.08 with Scope
(Mitchell)
Gun - Remington Sportsman 223 with Scope
Model 78 (Tiara)
Chevy Geo Spectrum (Zachary)
5
(2) EXPERT WITNESSES
Name: NONE
Address:
;•
(3) OTHER WITNESSES
Name: Kevin Kendig
Address: 120 State Street
York Springs, PA 17372
` Short Summary: All issues
(4) EXHIBITS
1 Collection Letter - R.D. Mathewson, P.C.
2 Collection Letters - Regional Adjustment Bureau
3 Collection Letter - Audit Systems Inc.
a. Sprint phone bill
4 Collection Letter - Debt Recovery Solutions, LLC
5 Federal Tax Return 2004
* All exhibits of Defendant
(5) & (6) GROSS INCOME & EXPENSES/ TAX RETURNS/ PAY STUBS
See attached Federal and State Income Tax Return marked as Exhibit 6.
('n PENSION/RETIREMENT BENEFITS
Description Value
Marital Portion
Sheetz, Inc., ESOP $4,356 100%
Support for Valuation
10
(8) CLAIM FOR COUNSEL FEES
Amount Basis for Charge Detailed Itemization of Services Rendered
NONE
I1
e*
(9) PERSONAL PROPERTY
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
Hutch
Chest of drawers w/ mirror (Husband's)
2-boxes of childhood toys, books, etc. (Husband's)
Craftsman 10-inch radial saw
Stihl chain saw (Husband's father's)
Bench grinder
Massie Furgerson tractor 65
8 x 20 flat bed utility trailer
Deacon bench (made by Husband and his father)
Cutting torches w/ cart (Husband's father's)
Gun cabinet (made by Husband and his father)
Pocket watch
Green motorcycle bag
Harley Davidson saddle bags
Jewelry
Deer heads (2)
5-drawer stack-on tool box, full of wrenches
Black motorcycle helmet (DOT)
12
i' e
101 MARITAL DEBTS
Item Description Amt at Liability Original Purpose Payments
No. Separation Incurred Amount since
Separation
1 F & M Trust 78,722.00 Wife
mortgage
2 F & M Trust home 11,205.27 1997 Truck Wife
equity loan loan
3 PHFA mortgage 1,886.00 Wife
4 2004 Cumberland 2,406.00 Wife
County real estate
Taxes
5 Medical Bills 275.73 Not paid
6 Real Estate Appraisal 800.00 Wife
7 American General 2,167.99 Not paid
8 Sovereign Bank 2,414,40 Not paid
9 Phone bills 759.38 Not paid
13
i.
(11) PROPOSED RESOLUTION OF ECONOMIC ISSUES
Husband
Orrstown Bank Stock
Sheetz ESOP
M & T Bank Checking
Sovereign Bank
Phone Bills
Total
Wife
$5,742.00 Farm $480,000.00
4,356.00 F & M mortgage (78,722.00)
301.00 F & M home equity (11,205.00)
(2,414.40) PHFA mortgage (1,886.00)
(759.38 ) 2004 real estate tax (2,406.00)
Medical Bills (275.73)
$ 7,225.22 Real estate appraisal (800.00)
Local income tax (250.00)
American General (2,167.9
Total $382,287.28
$ 7,225.22
+ 382,287.28
$ 389,512.50 Combined marital estate
x 45% Husband's pct. Share
$ 175,280.63
(7,399.00) Husband has
$ 167,881.63 Husband's receives
$ 7,225.22
+ 382,287.28
$ 389,512.50
x 55%
$ 214,231.88 Wife receives
14
EXHIBIT I
?• T
R.D. MATHEWSON, P.C.
ATTORNEY AT LAW
MEMBER OF PENNSYLVANIA AND NEW JERSEY BARS ONLY
105 NORTH BELMONT AVE.
MARGATE, NEW JERSEY 08402
609-823-2306
609-823-9598 (FAX)
Toll Free No. 866-802-5415
November 30. 2005
KEVIN P. KENDIG
74 KLINE RD.
SHIPPENSBURG, PA. 17257
RE: SOVEREIGN BANK, SUCCESSOR IN INTEREST TO WAYPOWT BANK
ACCT. NO. qjjW5 BALANCE DUE $2,414.40
SOVEREIGN BANK has retained our firm to collect the above mentioned
consumer debt.
The obligation is due and payable because it was not paid according to its terms.
Unless you notify me within thirty (30) days after receiving this letter that you
dispute the validity of the debt or any portion thereof. I will assume the debt to be valid.
If you notify me in writing within thirty (30) days that the debt or any portion of
it is disputed. I will obtain verification of the debt, and send a copy to you.
Upon written request within thirty (30) days, I will provide you with the name and
address of the original creditor, if different from Sovereign Bank.
Our office has been authorized to accept a settlement or monthly payment
arrangement,; therefore please contact us upon receipt of this letter.
r
I AM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT,
AND AN INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Very trul"Pi"our`s---%
R.D. MIX EWSON. P.C.
t) t
B
Ra , "Ick D. Mathewson
EXHIBIT 2
1111111 11111 11!11111111111111111111101
0000 Goodlett Farms Parkway
Memphis TN 38016-4916
ADDRESS SERVICE REQUESTED
Pate RAB # Balance
10/10/2005 8708524 $2167.99
#BWNHRMD 2436784 11633
#1010 2142 00116336# _ 8708524-30li69
KEVIN KENDIG
74 Kline Rd
Shippensburg PA 17257-9679
RAH Toll Free
N (800)-829-7750
regional adjustment bureau Local Residents
(901) 388-7750
A Total Receivable Management Cornpaly
REGIONAL ADJUSTMENT BUREAU, INC.
PO Box 34111
Memphis TN 381BLI-0111
IIIIIIII11,11,1111111111d111 „iltI[liltIHIIIIIIIII1111111
CHECK CARD USING FOR PAYMENT ? I ? ? ?t ?
M
CARD NUM6ER PLUS 3 DIGIT SECURITY CODE (m bacx r1 carat EXP DATE
-Detach Upper Portion and Return w;th Payment-
RE: AMERICAN GENERAL FINANCE INC. HORSE UTI
RAB #: X24
Balance: $2167.99
A SE"rTLE111ENT OFFER FOR YOU
Please be advised that we are a professional collection agency hired by the above named creditor to assist you in the payment
of your delinquent account.
We have been authorized to offer you the opportunity to settle this account for $867.20 which will represent a 60% savings to
you.
Three easy ways to clear this balance:
1) Send your payment in the enclosed envelope.
2) Call one of our representatives to discuss your account at 1-800-829-7750 or 388-7750 if calling locally.
3) Log on to our website at rabinc.com/payment and pay your account by Check or Credit Card. Follow our easy instructions
and your payment plan can be set up without speaking to anyone.
This is an attempt to collect a debt and any information obtained will be used for that purpose. This communication is from a
debt collector. In the event this debt is paid by check and your bank or financial institution does not honor the check, we reserve
the right to assess a return check charge based on your, state's regulations. Note: $3.50 per $100.00 will be charged to your
credit card by PayMyBill processing service for using the credit card payment option.
This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance.
1 ONRABI0169
Regional Adjustment Bureau, Inc. • 7000 Goodlett Farrns Parkway • PO Box 34111 • Memphis TN 380,16
(800)-829-7750 • (901) 388-7750
Office Hours: 7:00 AM - 9:00 PM Monday-Friday, 7 00 AM - 12:00 Noon Saturday
I1111111111111111Hill Bill11111III1IIIII111111111111111IIII
00 Goodlett Farms Parkway
Memphis TN 38016-4916
ADDRESS SERVICE REQUESTED
_Date _ RAB # Balance
9/19/2005 - _ 8708524 $2167.99
#BWNhIRMD 969534 81859
#0919 2016 0081 8599# _8708524-301165
I,..III,,,InI,I,I,I,I,nII,In,II„I„?Il,luln,l,l„I,II„I
KEVIN KENDIG
74 Kline Rd
Shippensburg PA 17257-9679
RAB Toll Free
NC (800)-829-7750
regional adjustment bureau Local_Residents
(901) 388-7750
A Total Receivable Management Company
REGIONAL ADJUSTMENT BUREAU, INC.
PO Box 34111
Memphis TN 38184-0111
III III t„L,,,III , L, I„ III I„,,, IL„ I L r, IL„ IL„ I It III II
V CHECK CARD USIIJG FOR PAYMENT ? i [1-0%m [1140
?
-
'
CARD NUMBER PLUS
DIGIT SECURITY CODE back .d cauli EXP DATE
CAPDHOLDER NAME CARDHOLDER SIGNATURE AMOUNT
4
-Detach Upper Portion and Return with Payment-
RE: AMERICAN GENERAL FINANCE HORSE UTI
RAB X24
Balance: $2167.99
A SET,r1,Ei11 ENT U FFE R FOR YO U
Please be advised that we are a professional collection agency hired by the above named creditor to assist you in the payment
of your delinquent account.
We have been authorized to offer you the opportunity to settle this account for $1084.00 which will represent a 50°? savings to
you.
Three easy ways to clear this balance:
1) Send your payment in the enclosed envelope.
2) Call one of Our representatives to discuss your account at 1-800-829-7750 or (901) 388-7750 if calling locally.
3) Log on to our website at rabinc.com/payment and pay your account by Check or Credit Card. Follow our easy instructions
and your payment plan can be set up without speaking to anyone.
This is an attempt to collect a debt and any information obtained will be used for that purpose. This communication is from a
debt collector. In the event this debt is paid by check and your bank or financial institution does not honor the check, we reserve
the right to assess a return check charge based on your state's regulations. Note: $3.50 per $100.00 will be charged to your
credit card by PayMyBill processing service for using the credit card payment option.
This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance.
ONRA810165
Regional Adjustment Bureau, Inc. • 7000 Goodlett Farms Parkway • PO Box 34111 • Memphis TN 38016
(800)-829-7750 • (901) 388-7750
Office Hours: 7.00 AM - 9:00 PM Monday-Friday. 7:00 AM - 12.00 Noon Saturday
EXHIBIT 3
.\t DI I SYS I NIS IN(,0RP0It\TI:I)
('1111('1"1()111),(1. *tilU1(• 2O(1
Phone: (727) 571-1915
Toll Free: (866).761-2173
21.) - 15() ,( ),s 1
1:1:\'IN I' fa:NDI( i -
120 O1.1) (',(-j MW-1-1- 15
1'(111: SI' UM(S 1'.1 1713 i2-5)(10-1
I.1,11111111(IIIL?J11111L1((IIL(Illnlll(Illllllllnlll(11
Dill(': FF 1(j The above referenced account has been sent to our office for collection. This reminder is being sent in
iiG?Jes that payment will, be nude in the enclosed envelope by return mail.
If the account is outstanding due to a billing error or other problem, please contact one of our service
representatives at 1-866-761-2173 during business hours of 8:30 A.M. thru 9 P.11;I., 11'lond<iy thru Thursday
and 3:00 AM thru 4:30 PM, Friday and Saturday. Please contact us as soon as possible in order that the
matter can be resolved.
This conununicatioll is from a debt collector. This is an attempt to collect a debt; any information obtained
will be used for that purpose.
For important information concerning your rights, see reverse.
--------------_--------------
P!I :+I'h1?rT?i.;?i:Inurl?r+:IMllfI1NM1YM11NTa'I_U!:.\t'l)121:.:,Hease Retuni This Portioij 11'1111 Oi1i' 1?:iSi1:e:1.
_I3
2 15 - u-) () ws I
KF_:VlN I' KI:ND1(i
1201 (.)1.1.) ['S ljOt °1'1 15
l'Olil? l'RIN(;S I'.\ 1 ;3 2 J(iU 1
(Mahe sure address shotivs (hrou.-h i indoic)
North ('arolina Department of
Insurance Permit Number 3239
Dill(': l la 1(1._)OO(1
1301011CC D(W: ? 174. 70
CI'(`( lik w: SI'RI, T "1'FLI -'I1 10Nl
Cli(u( #: r 1889`)4
Ui di a 1c(' Du(1( :
Cli(.111 #:
1 4.
S!'Ii1N'1? "1-LI-l?l'11ONl
7788924
AUDIT SYSTEMS INCORPORATED
1'.(.). BOX (12251
(.1("111\'?11f`f. 1'1_ ;i;i ? (i•?)
1,11 L 11111111 ?11111?1111i111111 J 11111111
00 28841367327887 00000000017476 000174765 0000003
Nloothly statement: January 4, 2006 1 of 4
Customer service Internet arfrlress Customer number
1-800-829-8009 sprint.com/local 717-532-3706-283
Previous charges 174.76
Payment 00
^s' -hie balance
174.76
Total charges due: $174.76
Past due amount -- Please pay immediately
`..V Plea -w rer,ycIF
Please return this portion with payment.
-" '- , : Customer service
?? Internet arfrlress Customer number
:? 1-800-829-8009 sprint-com/local 717-532-3706-283
Please pay past due amount of
$174.76 immediately.
Total amount due: 8174,76
Amount enclosed:
lilt Ililt I III ll?In?I?11?II?In?Ilnll?l??lulnl?lllll?l?lnl Vii' -ayow I--(I'17 ?:.: i "la' "':i^llic• pr ?•,p^..
Make checks payable to:
--"*--*-"*AUTO-" 3-DIGIT 173
00022071 01 AT 0.292 01 63
= Sprint
PO Box 740463
KEVIN P KENDIG Cincinnati Oil 45274-0463
=. ° 120 OLD US ROUTE 15
YORK SPRINGS PA 17372-9604
11111111111111111111 lilt III III lfill if lilt If III I lil,l
12 71753237062836 00000000000000 00017476.5 0603503
Monthly statement. January 4, 2006 3 of 4
Custorner servic.e Internet address Customer number
1-800-829-8009 s11.1 int.coni/local 717-832-3706-283
LS End Section Tag
t - see page 2 for explanation
EXHIBIT 4
I
i
Decanber 29. 200i
KEVIN P KENDIG
74 Mine Road
Shippensburg. PA 17257
Mq
a
900 MERCHANTS CONCOURSE. SI.11TE 506
W'ESTBURY. NE%,' 1'ORK 11590-51 14
(ill)) ) 28-71 10 / I -800-807-4109
Balance Due : $584.ti2
SCtllciitenl Offer : $310,78
Original Creditor : SPRIN'r
ACCO11110 :1007175323706282
WE BELIEVE EVERYTHING IS POSSIBLE
WE HONESTLY DO
We. believe that if \ve oftcr I ou a settlement.just before the beginning of the Holiday Season, you \vill look at this
settlement proposal as a Holidav Gift - - One that you just can't afford to ignore.
We are the o\\ner of this account and until 01/29/06. we agree to accept $350.78 as fill] and final pay ment of the
account identified above. Just think of it - - you can spend this savings on gifts for your family and friends. By taking
advantage of this offer. \ou can Saw $233.84 and \ve mil tell the major credit reporting agencies and any credit
grantor that may inquire that this account has been settled and no finther balance is due.
We have done eve.rvthing \\ Can to stake \'Ollf I IOIIdII\' Season a little brighter - - the rest
1S ?O\\' up to \'OU.
John Donnell. Recovery Specialist (866) 642-0302
(1\-lon-Thrlr 9:00 A.M. -10:00 P.M.. Fri 9:00 A.M.-3:30 P.M. & Sat 9:00 A.M.-1:30 P.NI.EST)
ACA
INI IN ?AI'111NAt
This is in attempt to collect a debt and mw information obtained will be used for thill purpose. This communication is from a
debt collector. NOTICE: See Reverse Side for Important hiformation.
----------------------------------------------------- Detach and Return with t'ar ntent ----------------------------------------
---------------------
? Please check here if there is a new phone number or address and provide the information on the reverse side.
PO Box 1027 Statement Of ACCOUTA
Oaks. PA 194515
11111111111 ill 11111111111111111111111 ill
CARD EXPIRATION DATE
!
CARDHOLDER NAME AMOUNT
$
BILLING A.DDF.ESS
KENIAN P UNDIG
74 Kline Road
Shippensburg. PA 17257
Balance Due $584.62
Settlement Offer $350).78
Accouut# 100)71753)3706282
100t, 1'isli 10 pa} b} Visa or NIC coniplcte this inli)rnuiliou
IIlIIIIIIIIII?III?II lilllllilll ill
DEBT RECOVERY SOLUTIONS" L.LC
P.O. BOX 9001
WESTBUR) NE1V YORK 115 90-9oo 1
11111111111il,lilrlii1111111Ill1111111111bill IllI1111illiIillI
EXHIBIT 5
EF
° t 1040
Label L
(see A
InStlLICtIOnS) E
L
Use the IRS H
label. E
Otherwise R
please print E
or type.
Presidential
Election (See in st.)
Campalan
Filing Status 1
Check only ,Z
one box.
3
Depatiment of the Treasury-- Internal Revenue Service
U.S. Individual Income Tax Return 2004
- I (99) IFS Use on
For the year Jan 1-Dec, 31. 2004, orother tax year beginning 2004, ending 20
Kevin
Nancy
P Kendig
E Kendig
74 Kline Road
of write or staple in this space
OMB No. 1545-0074
Your social security number
1410MIN034
Spouse's soaal security number
4
A lMportan?-
Shippensburg, PA 17257 You must enter
your SSN(s) above
Note. Checking "Yes" will not change your tax or reduce your refund. Youn Spouse
Do you, or your spouse if filling a joint return, want $3 to go to this fund? . . . . . . ? ?tI Yes I I No Yes L No
Single 4 Head of household with
U ( qualifying person).(See inst.) If the
Married filing jointly (even if only one had income) qualifying person is a child but not your dependent, enter this
Married filing separately. child's name here. ?
Enter spouse's SSN above and full name 5.0 Qualifying widow(er) with dependent child. (See inst.)
here. ?
Exemptions 6a Yourself. If someone can claim you as a dependent, do not check box 6a
If more than four b spouse.
dependents, Dependents: (2) Dependent's (3) Dependent's (4 Jif
see instructions. o social securi tY
(1) First name Last name number relationship to jf?,? ta,
Tiara Kendi
d
Income
Attach Forms
W-2 here. Also
attach Form(s)
W-213 and
1099-R If tax
was withheld.
If you did not
get a W-2,
see instructions
Enclose, but do
not attach, any
payment. Also,
please use
Form 1040-V.
(see instructions(
Adjusted
Gross
Income
-70-7938 Oaughter
Wages, salaries, tips, etc. Attach Form(s) W-2
8a Taxable interest. Attach Schedule B if required . . . . _
b Tax-exempt interest. Do not include on line Ba . . , ( 8b
9a Ordinary dividends. Attach Schedule B if required . . .
b Qualified dividends (see instructions) 19b I
10 Taxable refunds, credits, or offsets of state and local income taxes (see instructions.) . .
11 Alimony received
12 Business income or (loss). Attach Schedule C or C-EZ . . . ,
13 Capital gain or (loss). Attach Schedule D if required. If not required, check here ? LJ
14 Other gains or (losses). Attach Form 4797 . . , . ,
15a IRA distributions 15a b Taxable amount (see inst.)
16a Pensions and annuities 16a b Taxable amount (see inst.)
17 Rental real estate, royalties, partnership, S corporations, trusts, etc. Attach Schedule E
18 Farm income or (loss). Attach Schedule F . . . . . . . . . .
19 Unemployment compensation , , . , , , , ,
20a Social security benefits I20aI I b Taxable amount (see inst.)
21 Other income.
List type & amount. . . . . . . . . . . . . . . .
22 Add the amounts in the far right column for lines 7 through 21. This is your total Income ?
23 Educator expenses (see instructions) . , , , , 23
24 Certain business expenses of reservists, performing artists, and
Iree- basis government officials. Attach Form 2106 or 2106-EZ 24
25 IRA deduction (see instructions). . . . . . . . . . . 25
26 Student loan interest deduction (see instructions) . . . . 26
27 Tuition and fees deduction (see instructions) . . . . . 27
28 Health savings account deduction. Attach Form 8889 28
29 Moving expenses. Attach Form 3903 . . . , , , . 29
30 One-half of self-employment tax. Attach Schedule SE 30
31 Self-employed health insurance deduction (see instructions) 31
32 Self-employed SEP, SIMPLE, and qualified plans 32
33 Penalty on early withdrawal of savings . . . . . . . . 33
34a Alimonypaid b Recipient's SSN ? 34a
35 Add lines 23 through 34a
36 Subtract line 35 from line 22. This is your adjusted gross Income . . .
For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see instructions.
Cat No. 11320
7
8a
Boxes checked 2
.
on 6a and 6b
No. of children
tali- an 6c who,
1 lived with 1 ,
edi you
t A did not live
- with you due
to divorce
- or separation
_ (see Inst.)
Dependents
_ on 6c not
entered above
_ Add numbers
on lines
b 3
?
a
ove
I 59,006.
.........
9a .
64.
10
11
12
13
14
15b
16b
17 335.
18 -8, 655.
19
20b
21
22 50,080.
35 _
36
0,
50,080.
Form 1040 (2004)
Forlm 1040 (2004) Kevin P Ken dig
Tax and 37 Amount from line 36 (adjusted gross income)
Credits
Standard
38 . . . . , 7[
e Check if: 0 You were born before Souse was born before 1-1
January 2, 1940 aBlind,- January P 2, 1940, B
Add the number of bores checked above and enter th
t
t
l h
Deduction e
o
a
ere . Do, b if
for vour spouse itemizes on a separate return or you were a dual-status alien,
see instructions and check here ® 3813
0 People who
checked a
ny 39 Itemized deductions (from Schedule A) or your standard deduction (see left margin)
39
box on line 40 Subtract line 39 from line 37
. . . . . . . 40
36a or 3813 or 41 If line 37 is $107
025 or l
l
i
l
who can be ,
ess, mu
t
p
y $3,100 by the total number of exemptions
claimed on
claimed as a
d
d line 6d. If line 37 is over $107,025, see worksheet in the instructions . 41
epen
ent,
see inst. 42 Taxable Income. Subtract line 41 from line 40. If line 41 is more than line 40 enter -0-
® All others
Single or
Married filing
separately,
$4,850
Married
filing
jointly of-
Qualifying
widow(er)
$9.700
Head of
household.
$7,150
Other
Taxes
57 Self-employment tax. Attach Schedule SE . . . . . . . . . . . 57
58 Social security and Medicare tax on tip income not reported to employer. Attach Form 4137 58
59 Additional tax on IRAs, other qualified retirement plans, etc. Attach Form 5329 if required 59
60 Advance earned income credit payments from Form(s) W-2 . . . . . . . . . . . 60
61 Household employment taxes. Attach Schedule H . . . . . . . . . . . . . . . . 61
34 Paqe 2
5U, 080.
9, 700.
40, 380.
9, 300.
31,0Q0.
3, 946-
3
1 , 000.
f
62 Add lines 56 through 61. This is our total tax ? 62 2 946,
r
Payments 63 Federal income tax withheld from Forms W-2 and 1099 . . . 63 5, 121
.
64 2004 estimated tax payments & amt. applied from 2003 return . 64
If you have a
qualifyi 65 a Earned Income credit (EIC) . . . . . . . . 65a
ng
child, attach b Nontaxable combat pay election 653
Schedule EIC. 66 Excess social security and tier 1 RRTA tax withheld (See inst.) 66
67 Additional child tax credit. Attach Form 8812 . . . . . . 67
68 Amount paid with request for extension to file (see Instructions) 68
69 Other payments from: as Form 2439 boForm 4136 Ca Form 8885 69
70 Add lines 63, 64, 65a, and 66 through 69. These are your total payments • • • • • • g? 70 5, 121
.
Refund 71 If line 70 is more than line 62, subtract line 62 from line 70. This is the arnount you overpaid 71 2 175.
Direct deposit? 72a Amount of line 71 you want refunded to you • • • . . . P- 72a 2 17
See Instructions . 5 .
and fill in 72b, ® b Routing no. 0. C Type: Checking Savings
72c, and 72d. d Account no.
73 Amt. of line 71 you want applied to your 2005 estimated tax ® 73
Amount 74 Amount you owe. Subtract line 70 from line 62. For details on how to pay, see instructions 1- 14
You Owe 75 Estimated tax enalt see instructions.) 75
Third Party Do you want to allow another person to discuss this return with the IRS (see instructions)? Yes. Complete the following. No
Designee's Phone
Designee name o-PREPARER no Personal identification
number fPIN
Sign Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief,
belief, Ihey are true, correct, and complete. Declaration of preparer(other than taxpayer) is based on all information of which the preparer has any knowledge.
Here Your signature LDate Your occupation Daytime phone number
Joint return? 20051abor&farmi -
See Instructions Spouse's signature. If a joint return, both must sign. Spouse's occupation
Keep a copy for
your records. 2005 urse
Preparers Ruth Ann Mooney Date Check if self- Preparer's SSN/PTIN
Paid signature 03/16/2005 employed 1 Preparer's Film's name (or yours Mooney' s Tax Service EIN
Use Only if self-employed), t 1250 Baltimore Rd
address, and ZIP code Phone no.
Shippensbur , PA 17257 717 532-3446
410402 Copyright TAX$IMPIEJYA Form 1040 (2004)
43 Tax (see Instructions)
Check if 42
.
any tax is from: as Form(s) 8814 bo Form •1972
44 Alternative minim
t
I 43
um
ax (see
nstructions), Attach Form 6251 • • . . . . . • • • •
45 Add lines 43 and 44 44
. . . . . . . . . . . . . . . . ®
46 Forei
n tax credit
Att
h F 45
g
.
ac
orm 1116 if required
47 Credit for child and dependent care expenses. Attach Form 2441
4 46
47
8 Credit for the elderly or the disabled. Attach Schedule R . . . 48
49 Education credits. Attach Form 8863 • • . . . . . . . .
50 49
Retirement savings contributions credit. Attach Form 8880 50
51 Child tax credit (see page 40) . . . . . . . . . 51 1 1000.
52 Adoption credit. Attach Form 8839 • • • • • . . . . .
53 52
Credit from: a a Form 8396 b
8 Form 8859 53
54 Other credits. Check applicable box(es): a
Fond 3800
bo Form 8801 CO Specify
54...
55 Add lines 46 through 54. These are your total credits . . . ,
56 Subtract line 55 f
li , , , , , , , , 55
rom
ne 45. If line 55 is more than line 45, enter -0- . . 56
?. y-'CHEDULE F
(Farm 1040)
Department of the Treasury
Internal Revenue Service
Name of proprietor
Kevin P Kendi
Profit or Loss From Farming
Attach to Form 1040, Form 1041, Form 1065, or Form 1065-8.
See Instructions for Schedule F (Form 1040
Nt Hrlnclpal product. Describe in one or two words your principal crop or activity for the current tax year
grains
OMB No. 1545-0074
2004
Attachment
Sequence No. 14
Social security number (SSN)
34
B Enter code from Part IV
®215 _
D E
C Accounting method: (1) 0 Cash (2) 0 Accrual mployer ID no. (E1N), If any
E Did you "materially participate" in the operation of this business during 2004? If "No," see instructions for limit on passive losses. Yes No
Farm Income -- Cash Method, Complete Parts I & II (Accrual method taxpayers complete Parts II & III, & title 11
of Part I.) Do not Include sales of livestock held for draft, breeding, sport, or dairy purposes; report these sales on Form 4797,
1 Sales of livestock and other items you bought for resale . . . . . . . 1
2 Cost or other basis of livestock and other items reported on line 1 2
3 Subtract line 2 from line 1 • . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 0.
4 Sales of livestock, produce, grains, and other products you raised . . . . . . . . . . . . . . . 4 5, 208.
5a Total cooperative distributions (Form(s) 1099-PATR) 5a 5b Taxable amount 5b
6a Agricultural program payments (see instructions) 6a 56. 6b Taxable amount 6b 5 6
7 Commodity Credit Corporation (CCC) loans (see instructions):
a CCC loans reported under election . . . . . . . . . . . . . . . . . . . . . . . . . . . 7a
b CCC loans forfeited . . . . . . . . 17b I I 7C Taxable amount 7C
8 Clop insurance proceeds and certain disaster payments (see instructions):
a Amount received in 2004 . . . . . . . . 8a 8b Taxable amount 8b
C If election to defer to 2005 is attached, check here ? 8d Amount deferred from 2003 • • -8d-
9 Custom hire (machine work) income . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Other income, including Federal and state gasoline or fuel tax credit or relund (see instructions) • • . . 10
11 Gross Income. Add amounts in the right column for lines 3 through 10. If accrual method taxpayer, enter
JOM the amount from page 2, line 51. . . . . . . . . . . . . . . . . . . . . . . . . . . t? 11 5, 264
.
Farm Expenses -- Cash and Accrual Method. Do not include personal or living expenses such as taxes, insurance,
repairs, etc., on your home.
12 Car and truck expenses (see
inst. -- also attach Form 4564 .
12 25 Pension and profit-sharing
plans . . . . . . . . . .
25
13 Chemicals . . . . . . . . 13 26 Rent or lease (see instructions):
14 Conservation expenses
(see instructions). • • • . . .
14 a Vehicles, machinery, and
equipment • • . . . . . .
26a
15 Custom hire (machine work) 15 b Other (land, animals, etc.) • . • 26b
16 Depreciation and section 179 27 Repairs and maintenance 27 355 .
expense deduction not claimed 28 Seeds and plants purchased 28
elsewhere (see instructions) 16 6,830. 29 Storage and warehousing 29
17 Employee benefit programs 30 Supplies purchased • • • • 30
other than on line 25 17 31 Taxes • • • • • • • • • • 31 1
200
18 Feed purchased • • • . . .
18
32 Utilities . . . . , , , . . ,
32 ,
.
755
19 Fertilizers and lime . . . . 19 33 Veterinary, breeding, & medicine 33
20 Freight and trucking 20 1 , 904. 34 Other expenses (specify):
21 Gasoline, fuel, and oil 21 600. a 34a
22 Insurance (other than health) 22 775 . b 34b
23 Interest: c 34c
a Mortgage (paid to banks, etc.) 23a 1 , 500. d 34d
b Other . . . . . . . . . , 23b a 34e
24 Labor hiredoess employment credits( 24 f 34f
{5 Total expenses. Add lines 12 through 341 . . . . . . . . . . . . . . . . . . . . . . ® 35 13,919.
{6 Net farm profit or (loss). Subtract line 35 from line 11. If a profit, enter on Form 1040, line 18, and also
on Schedule SE, line 1. If a loss, you must go on to line 37 (estates, trusts, and partnerships, see instructions)
36
-8, 655
.
{7 It you have a loss, you must check the box that describes your investment in this activity (see rnslruc,if6ns).
• If you checked 37a, enter the loss on Form 1040, line 18, and also on Schedule SE, line 1. ? 37a i
? 37b vi All investment is at risk.
Some investment is
- ii yuu wiuuncu aru, yuu must auacn Corm b19ti.
For Paperwork Reduction Act Notice, see Form 1040 Instructions
Cal. No. 11346H
4F1 Copyright TAXWAPLE JYA
J
Hut at nSK.
Schedule F (Form 1040) 2004
;•
Form ii, 4562 Depreciation and Amortization
- OMB No. 1545.0172
L
!
(Including Information on Listed Property)
f
D 2004
eparlmenl o
the Treasury
10, s
Internal Revenue Service
separate Instructions, ti Attach to your tax return Attachment
.
Name(s) shown on return
Business or activity to which this form relates Sequence No. 67
Kevin
P Kendi air Identifying number
Pate: h Election To Expense Certain Property Under Section 179 3 4
Note: If you have any listed property, complete Part V before you complete Pall I.
1 Maximum amount. See page 2 of the instructions for a higher limit for certain businesses 1
•
2 Total cost of section 179 property placed-in service (see page 3 of the instructions) , $102,000
2
, .
3 Threshold cost of section 179 property before reduction in limitation
, , ,
4 Reduction in limitation. Subtract line 3 from line 2. if zero or less
enter -0- 3
$410,000
,
5 Dollar limitation for tax year. Subtract line 4 from line 1. If zero or less, enter -0-. It married filing 4
separately, see page 3 of the instructions
•
5
102 , 000.
(a) Description of property
(b) Cost (business use only) (c) Elected co
6 st
7 Listed property. Enter amount from line 29 , , . 7
8 Total ele
t
d
c
e
cost of section 179 property. Add amounts in column (c)
lines 6 and
7
,
, , , .
.
9 Tentative deduction
Enter the
ll
f li 8
.
sma
er o
ne 5 or line 8
10 Carryover of disallowed deducti
f
li 9
on
rom
ne 13 of your 2003 Form 4562
, •
11 Business income limitation
E
t
th
ll 10
.
n
er
e sma
er of business income,(not less than zero) or line 5 (see instructions) -i-1
12 Section 179 expense deductio
Add li
n.
nes 9 and 10, but do not enter more than line 11 12
13 Carr
over of disall
d d
d 0
y
owe
e
uction to 2005. Add lines 9 and 10, less line 12 ? 13
Note: Do not use Part 11
P
Il
or
art
l below for fisted property Instead, use Part V.
Part 11 S eclat Depreciation Allowance and Other Depreciation (Do not include listed property
)
14 Special depreciation allowance for qualified property (other than listed property) placed in service during .
the tax year (see page 3 of the instructions) 14
15 Property subject to section 168(0(1) election (see page 4 of the instru
ti
c
ons) , , .
16 Other depreciation (including ACRS) (see page 4 of the instructions) 15
.
Part;ill MACRS Depreciation Do not include listed property.) (See page 5 of [he instructions) 16
Section A
1 r MfAk-hb oeoucuons for assets placed in service in tax years beginning before 2004 , 17
18 If you are electing under section 168(i)(4) to group any assets placed in service during the tax year into
one or more general asset accounts, check here
Section B -- Assets Placed in Service Durinn Anna Tay Yaar t lcin" fk,
(b) Month
d B
i vr.. yrJLCll l
(a) Classification of
property an
year placed
in service (c)
as
s for depreciatio
(business/inveslmentu5e
onl --see instructions
(cl
) Recovery
period
a
()
Convention
(>]
Method
(g) Depreciation
deduction
19a 3-
ear
ro
t
y
p
per
y
b
5-year properly
C 7-year property
d
10-year property
e 15-year property
f 20-year properly
25-year property
it Residential rental 25 yrs. S/L
27.5 yrs, MM S/L
propel 27.5 yrs. MM S/L
Nonresidential real 39 yrs. MM
-
S/ L
property
C--4;. n n_ ?I-
- MM S/L
?.?ucw rlal.G1J Ill JVl VlUtJ LJUrI
20 a class life
b 12-year
C 40-vear
ZVV4 lax rear usinq_the Alternative Depreciation System
S/L
ET 12 yrs. S/L
40 yrs. MM FE, /L
Parl IV Summary (See page 7 of the instructions.)
21 Listed property. Enter amount from line 28 21
22 Total. Add amounts from line 12, lines 14 through 17, lines 19 and 20 in column (g), and line 21. Enter h?re and
on the appropriate lines of your return. Partnership and S corporations -- see instructions , 22
23 For assets shown above and placed in service during the current year, enter the
portion of [lie basis attributable to section 263A costs 23
For Paperwork Reduction Act Notice, see the Instructions. Cal. No. 129o6N 445621 Copyright TAx51MPLE JV
A 0.
6,830.
Form 4562 (2004)
Kevin P Kendig
Form 4552 (2004) 3 4
Past V LlSted Property (Include automobiles, certain other vehicles, cehular telephones, certain computers, and property used forPage 2
entertainment, recreation, or amusement.)
Note: For any vehicle for which you are using the standard mileage rate or deducting lease expense, complete only 24a, 24b, columns
(a) through (c) of Section A, all of Section B, and Section C if applicable.
Section A - Depreciation and Other Information Caution: See a e 8 of the instructions for limits for passen er automobiles.)
24a Do you have evidence to support business/investment use claimed? Yes No 240 If "Yes," is the evidence written? Yes No
(a) (b) (o) Busn./ (d) (e)
T e of roe Date investment {f)
yP p p rn Cost or Basis for depreciation (g) eci Elected
(list vehicles first) placed in use (husniness/investment Recovery Method/ Depreciation
service' Percentage other basis period Convention deduction section 17$
use only) cost
25 Special depreciation allowance for qualified listed property placed in service during the tax year
and used more than 50% in a qualified business use (see page 8 of the instructions) 25
26 Property used more than 50% in a qualified business use (see page 8 of the instructions): f?
ATTACHMENT ARIOUS °i 137649. 137649.
6, 830.
%
27 Property used 50% or less in a qualified business use (see page d of the instructions):
?
%
??
28 Add amounts in column (h), lines 25 through 27. Enter here and on line 21, page 1, , 28
6,830.
29 Add amounts in column (i), line. 26. Enter here and on line 7, page 1
Section B -- Information on Use of Vehicles 29 0
Complete this section for vehicles used by a sole proprietor, partner, or other "more than 5% owner," or related person. If you provided vehicles to
your employees, first answer the questions in Section C to see if You meet an excantinn in -mnl fl- 1-
ap
Total businesshrivestment miles driven
during the year (do not include commuting
il (a)
Vehicle 1 (b)
Vehicle 2 (c)
Vehicle 3 d
Vehicle 4
Vehicle 5
Vehicle 6
m
es -- see page 2 of the instructions)
31 T
t
l
o
a
commuting miles driven during year ,
32 T
t
l
th
o
a
o
er personal (noncommuting)
miles driven
33 T
i
l
ota
m
les driven during the year. Add
lines 30 through 32 , , , , . .
34 Was the v
hi
l
il
b Yes No Yes No Yes No Yes No Yes No Yes No
e
c
e ava
a
le for personal use
during off-duty hours? ,
15 W
as the vehicle used primarily by a more
than 5% owner or related person? , . , ,
16 I
s another vehicle available for personal
use?
Section C - Questions for E mployers W ho Provide Vehicl es for Use b y Tha i; ;;;; ;tn.,on n
GJO yuoouvll? Iu uetermine n you meet an exception to completing Section B for vehicles used by employees who are not
more than 5% owners or related persons (see page 10 of the instructions).
37 Do you maintain a written policy statement that prohibits all personal use of vehicles, including commuting, by your Yes NI
employees? . . . . . . . . . . . . . . . . . . . . . . .
38 Do you maintain a written policy statement that prohibits personal use of vehicles, except commuting, by your employees?
See page 10 of the instructions for vehicles used by corporate officers, directors, or 1% or more owners.
39 Do you treat all use of vehicles by employees as personal use?. . . . . , . . , ,
40 Do you provide more than five vehicles to your employees, obtain information from your employees about the use of the
vehicles, and retain the information received? . . . ,
41 Do you meet the requirements concerning qualified automobile demonstration use? (See the instructions.) .
Note: If your answer to 37, 38, 39, 40, or 41 is 'Yes." do not complete Section B for the covered vehicles.
P, t j Amortization -
(a) (b) (c) (d) (e) (?
Description of costs Date amortization Amortizable Code Amortization Amortization
begins amount section period or for this year
ercenta e
42 Amortization of costs that begins during your 2004 tax year (see page 11 of the instructions): J
43 Amortization bf costs that began before your 2004 tax year , , , , , 43
44 Total. Add amounts in column (0. See the instructions for where to report 44 0.
445622 CopyrighiTAXEIMPLEJYA Form 4562 (2004)
Exhibit B
KEVIN P. KENDIG, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 05 - 1961 CIVIL
NANCY E. KENDIG,
Defendant IN DIVORCE
THE MASTER: Today is Wednesday, May 31,
2006. This is the date set for a conference with counsel
and the parties. Present in the hearing room are the
Plaintiff, Kevin P. Kendig, and his counsel Scott A. Stein,
and the Defendant, Nancy E. Kendig, and her counsel Martha
B. Walker.
The action was commenced by the filing of a
complaint in divorce on April 18, 2005. The complaint in
divorce raised grounds of irretrievable breakdown of the
marriage and the economic claim of equitable distribution.
With respect to grounds for divorce, counsel are going to
provide the Master today with affidavits of consent and
waivers of notice of intention to request entry of divorce
decree which will be signed by the
parties, dated today, and
filed by the Master's office with the Prothonotary.
-4A.-
On December 13, 2005, the Defendant filed a
counterclaim raising the additional economic claims of
alimony, alimony pendente lite, and counsel fees and
expenses.
Counsel have advised that after considerable
1
negotiations they are going to place an agreement on the
record. The agreement as placed on the record will be
considered the substantive agreement, subject only to
changes based on typographical errors. It is specifically
noted, however, that the agreement is going to be contingent
on the Defendant obtaining financing and Defendant will have
two weeks to secure financing. If the financing is not
secured, then the parties will come back and renegotiate the
agreement. It is specifically understood that if the
financing is not able to be obtained, the agreement as
stated on the record will be considered null and void.
If the financing is obtained and the
agreement goes forward as stated, as I previously noted, the
agreement will be considered the substantive agreement of
the parties, not subject to any changes or modifications
except for typographical errors. The parties are going to
return later today to review the agreement for typographical
errors, make any corrections as required, and then sign
affirming the terms of settlement as stated on the record.
If the agreement is not to go forward because
of the failure of wife to obtain financing, the Master will
then simply destroy the agreement. However, if financing is
obtained in accordance with the terms of the agreement, the
Master will then consider the agreement valid and forward
the agreement to the Court with an order requesting that the
2
Master's appointment be vacated and that the parties be
entitled to obtain a divorce based on the filing of the
affidavits and waivers. Ms. Walker.
MS. WALKER: The parties' agreement is as
follows:
1. The vehicles have been already equitably divided and
titles exchanged. Those include a 1997 Chevy truck, a 1989
Mercury Cougar, a 1986 Monte Carlo, a 2000 Harley Davidson
Sportster, a 2001 Harley Davidson Wide Glide, and a 1987
Chevy truck.
2. The parties' bank accounts have already been divided
equitably.
3. Husband shall retain 132 shares of Orrstown Bank stock
and his ESOP plan with Sheetz, Inc.
4. Husband shall be responsible for payment of debt due to
Sovereign Bank and debts for past due phone bills.
5. Husband shall retain all of the guns listed on Page 2
and 3 of his pretrial statement.
6. The parties' children shall retain all of the guns
listed on Page 5 of Plaintiff's pretrial statement.
7. Husband shall retain all of the personal property
listed on Page 12 with the exception of the deacon bench
which the wife shall retain.
8. Husband shall endorse over to the wife immediately upon
receipt an approximate $300.00 for bill board advertising
when it is received in June 2006.
9. The real estate at 74 Kline Road, Shippensburg,
Pennsylvania, shall be transferred to the Defendant
simultaneously with the wife's refinance of a first and
second mortgage to the Farmers Merchants Trust Company and
upon payment of $125,000.00 to the husband.
10. Any remaining farm machinery and equipment, personal
property and items and/or livestock will remain the property
of wife unless it has been specifically identified as
earlier described in the husband's pretrial statement.
3
4` r
11. Wife shall pay any costs of refinance.
12. The parties shall submit their consents and waivers to
the Court today; however, the divorce shall not be praeciped
until the agreement is finally approved after the approval
of the mortgage refinancing in two weeks.
13. Wife waives any further right to alimony effective with
the date of the divorce decree, except that any existing
alimony pendente lite arrearages shall continue to be paid
through the Domestic Relations Office through husband's wage
attachment by Domestic Relations until the said alimony
pendente lite arrearages are paid in full.
14. The parties mutually waive any counsel fees and costs.
15. The debts reflected on Page 14 of the wife's pretrial
statement, specifically, the PHFA mortgage, the 2004 real
estate taxes, medical bills, the real estate appraisal cost,
the local income tax, and the American General loan will
continue to be the responsibility for payment of the wife.
16. Except as herein otherwise provided, 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, statutory
allowance, widow's allowance, right of intestacy, right to
take against the will of the other, and right to act as
administrator or executor in the other's estate. 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 interest, rights, and claims.
MR. STEIN: Mr. Kendig, have you heard the
information related by Ms. Walker regarding the agreement of
the parties?
MR. KENDIG: Yes.
MR. STEIN: Having heard that, do you agree
and accept that as the agreement, along with the contingency
4
that gives her two weeks to obtain the financing?
MR. KENDIG: Yes.
MR. STEIN: Do you understand that if she is
not able to obtain the financing within the two-week period
that you will come back here and renegotiate a settlement
and the settlement agreement that was just stated on the
record here will be void?
MR. KENDIG: Yes.
MR. STEIN:
MR. KENDIG:
MS. WALKER:
action and you have heard
dictated into the record?
MS. KENDIG:
MS. WALKER:
Do you accept that?
Yes.
Nancy, you are Defendant in this
the settlement agreement that I
Yes.
Is this settlement agreement
understandable to you?
MS. KENDIG: Yes.
MS. WALKER: Is this the settlement agreement
that you want to have entered as an order of court?
MS. KENDIG: Yes
MS. WALKER: And you understand that this
settlement agreement is contingent upon you obtaining
mortgage refinancing and sufficient funds to pay Kevin
$125,000.00 within two weeks of today's date?
MS. KENDIG: Yes.
5
MS. WALKER: Do you also understand that if
that is not accomplished, that we will be back here
attempting to renegotiate another settlement? This
agreement that we put on the record will be void?
MS. KENDIG: Yes.
MS..WALKER: And the possibility also still
exists that if we cannot renegotiate another settlement, we
will have a trial?
MS. KENDIG: Yes.
MS. WALKER: Now, understanding all of that,
is that the court order you want the Master to enter today?
MS. KENDIG: Yes, please.
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I-
ratify and affirm the agreement previously made and intend
to bind myself to the settlement as a contract obligating
myself to the terms of settlement and subjecting myself to
the methods and procedures of enforcement which may be
6
imposed by law and in particular Section 3105 of the
Domestic Relations Code.
WITNESS:
JZ-2
Scott A. Steirf
Attorney for Plaintiff
&• / Qztt
M -rtha B. Walker
A torney for Defendant
DATE:
lzleC?11,1611
evin P. Kendig
c
ny Kend g
7
LAW OFFICES OF PETER J. RUSSO, P.C.
ATTORNEYS FOR PLAINTIFF
5006 EAST TRINDLE ROAD, SUITE 100
MECHANICSBURG, PA 17050
(717) 591-1755 - PHONE
(717) 591-1756 - FAX
KEVIN KENDIG : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
ZACHARY KENDIG, NO.
Defendant
TRIAL BY JURY DEMANDED
VERIFICATION
I, Kevin Kendig verify that the statements made in the forgoing document 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.
Dated:
Ke m Kendig
a
TK .y4, r
Y
C-A
0o S d ?'
a 6_ tr.a
0
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-02676 P
COMMONWEALT14 OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KENDIG KEV
VS
KEND I G ZACHARY
TIMOTHY REI Z Sheriff or Deputy Sheriff of
Cumberland ounty,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
KENDIG ZAC RY the
DEFENDANT
at 74 KLINE
, at 1800:00 HOURS, on the 30th day of April , 2008
SHIPPENSBURG, PA 17257
NANCY KELSO,I MOTHER
by handing to
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Co ts:
Docketing
Service
Postage
Surcharge
Sworn and S
before me t
of
So Answers:
18.00
16 . 0 0
.58
"j
10.00 R. Thomas Kline
.00
44.58 05/01/2008
PETER RUSSO
scibed to By: ? r
s day puty h iff
A.D.
LAW OFFICES OF PETER J. RUSSO, P.C.
PETER J. RUSSO, ESQUIRE
ATTORNEYS FOR PLAINTIFF
5006 EAST TRINDLE ROAD, SUITE 100
MECHANICSBURG, PA 17050
(717) 591-1755 - PHONE
(717) 591-1756 - FAX
KEVIN KENDIG : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
ZACHARY KENDIG, NO. 08-2676
Defendant
TRIAL BY JURY DEMANDED
PRAECIPE TO DISMISS
TO THE PROTHONOTARY:
Please mark the above-captioned action, including any and all claims as dismissed
and settled.
r- r% v
LAW OFFICES OF
RiW%7*2O, P.C.
Peter J. Russo, Esquire
Attorney I.D. No. 72897
Attorneys for Plaintiff
5006 East Trindle Road, Suite 100
Mechanicsburg, 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
Date: Friday, May 30, 2008
1?1
LAW OFFICES OF PETER J. RUSSO, P.C.
ATTORNEYS FOR PLAINTIFF
5006 EAST TRINDLE ROAD, SUITE 100
MECHANICSBURG, PA 17050
(717) 591-1755 - PHONE
(717) 591-1756 - FAX
KEVIN KENDIG : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
ZACHARY KENDIG, NO.
Defendant
: TRIAL BY JURY DEMANDED
CERTIFICATE OF SERVICE
I hereby certify that I have on this day served a true and correct copy of the
Praecipe to Dismiss, upon the following person, in the manner indicated:
US Regular Mail:
Zachary Kendig
74 Kline Road
Shippensburg, PA 17257
DATE:
Ashley R. Sipe alegal
e
c,)
R
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