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HomeMy WebLinkAbout08-2951JENNIFER L. LAVENDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION WILLIAM J. LAVENDER, JR., :NO. C, v t ! r? Defendant : IN DIVORCE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013- 3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4 h Floor Carlisle, PA 17013-3387 (717) 240-6200 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estats demandas expuestas en las paginas siquientes, usted tiene, veinte (20) dias de plazo al partir de lag fecha de las demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o Page 1 of 2 f por abogado y archival en la corte en forma escrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una 6rden 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 ABODAGO INMEDIATAMENTE. 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. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4'' Floor Carlisle, PA 17013-3387 (717) 240-6200 Michael D. Rentschler, Esquire Attorney for Plaintiff Page 2 of 2 JENNIFER L. LAVENDER, Plaintiff vs. WILLIAM J. LAVENDER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above-captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling, please advise in writing promptly by replying to: Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013-3387. Prothonotary JENNIFER L. LAVENDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION 71-, WILLIAM J. LAVENDER,JR., NO. 6 J'- -Z 957 Cam( Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is JENNIFER L. LAVENDER, an adult individual who currently resides at 1014 Teakwood Lanes, Enola, Cumberland County, Pennsylvania. 2. Defendant is WILLIAM J. LAVENDER, JR., an adult individual who currently resides at 1014 Teakwood Lane, Enola, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are sui juris and both have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on February 21, 1998 in Camp Hill, Cumberland County County, Pennsylvania. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction, with regard to this marriage. 8. The Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. COUNTI Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT H Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporate herein by reference thereto. 14. The marriage of the parties is irretrievably broken. 15. The parties are currently living at the same residence. After two (2) years have elapsed from the date of final separation, Plaintiff intends to file her affidavit of having lived separate and 2 apart, provided a divorce decree has not already been granted pursuant to Section 3301C of the Divorce Code. 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, it is respectfully requested that this Court enter a Decree in Divorce, pursuant to Section 3301(d) of the Divorce Code. Respectfully submitted, LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. Michael D. Rentschler, Esquire Attorney for Plaintiff Supreme Court I.D. #45836 28 North 32nd Street Camp Hill, PA 17011 (717) 975-9129 3 VERIFICATION I, JENNIFER L. LAVENDER, verify that the statements made in the Complaint 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 autl CERTIFICATE OF SERVICE I, MICHAEL D. RENTSCHLER, ESQUIRE, do hereby certify that on this date I served a copy of the foregoing Complaint in Divorce by Certified Mail, restricted delivery, return receipt requested to the following: Willaim J. Lavender, Jr. 1014 Teakwood Lane Enola, PA 17025 Date: MICHAEL D. RENTSCHLER, ESQUIRE Attorney for Plaintiff f') Q l? 0 0 4WD v IV' _% JENNIFER L. LAVENDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-2951 WILLIAM J. LAVENDER, JR., CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please enter my appearance on behalf of the Defendant, William J. Lavender, Jr., in the above-referenced action. Laurie A. SaltzgiveNEsgfiifq' Attorney I.D. 61382 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. BOX 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Respectfully submitted, V -• JENNIFER L. LAVENDER, Plaintiff VS. WILLIAM J. LAVENDER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2951 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this day of November, 2008, that a copy of the foregoing Praecipe to Enter Appearance was mailed, first-class, postage pre-paid to: Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. P.O. Box 60457 Harrisburg, PA 17106-0457 Michael D. Rentschler, Esquire 28 North 32"d Street Camp Hill, PA 17011 r Laurie A. S' Attorney for MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 n N CZZ) !r = - r i ? `t-r rrr C a ---s ?i --c JENNIFER L. LAVENDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-2951 WILLIAM J. LAVENDER, JR., CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgement may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at: The Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. 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 Bar Association 32 S. Bedford Street Carlisle, PA 17013 800-990-9108 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 JENNIFER L. LAVENDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 08-2951 WILLIAM J. LAVENDER, JR., CIVIL ACTION -LAW Defendant IN DIVORCE NOTICIA 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 notification. 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 tomaro medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do 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 Bar Association 32 S. Bedford Street Carlisle, PA 17013 800-990-9108 MEYERS, DESFOR, SALUGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 JENNIFER L. LAVENDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 08-2951 WILLIAM J. LAVENDER, JR., CIVIL ACTION -LAW Defendant IN DIVORCE DEFENDANT'S ANSWER TO COMPLAINT IN DIVORCE WITH COUNTERCLAIM AND NOW, comes the Defendant, William J. Lavender, Jr., by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Answer to Complaint in Divorce with Counterclaim and in support thereof avers as follows: 1. No answer required. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. No answer required, however, Defendant waives his right to counseling. COUNTI 9. No answer required. 10. Admitted. 11. No answer required. 12. No answer required, however, Defendant waives his right to counseling. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 WHEREFORE, Defendant, William J. Lavender, Jr., hereby requests the Court enter a Decree in Divorce pursuant to section 3301(c) of the Divorce Code. COUNT II 13. No answer required. 14. Admitted. 15. No answer required. 16. No answer required, however, Defendant waives his right to counseling. WHEREFORE, Defendant, William J. Lavender, Jr., hereby requests this Court enter a Decree in Divorce pursuant to section 3301(d) of the Divorce Code. COUNTERCLAIM COUNT III ADULTERY 17. Paragraphs one through sixteen of the Complaint in Divorce and Counterclaim are incorporated by reference as if fully set forth herein. 18. The Plaintiff in this action has committed adultery during the term of the marriage with William F. Hudson. 19. The grounds upon which this action is based are 23 Pa. C.S.A. §3301(a)(2), as the Plaintiff has committed adultery pursuant to that Section of the Divorce Code. 20. Defendant requests the Court to enter a Decree of Divorce pursuant to Section 3301(a)(2) of the Divorce Code. WHEREFORE, Defendant, William J. Lavender, Jr., respectfully requests this Honorable Court issue a Decree in Divorce divorcing him from the bonds of matrimony pursuant to Section 3301(a)(2) of the Divorce Code. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 COUNTERCLAIM COUNT IV EOUITABLE DISTRIBUTION 21. Paragraphs one through twenty of the Complaint in Divorce and Counterclaim and are incorporated by reference as if fully set forth herein. 22. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under the Divorce Code. 23. Plaintiff requests that this Honorable Court equitably distribute all marital property pursuant to the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably distribute all property, both real and personal, tangible and intangible, acquired by the parties during their marriage. Respectfully submitted, Laurie A. S`alt)Fgiver Vsqui* Attorney I.D. 61382 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236.2817 VERIFICATION i, William J. Lavender, Jr. , verify that the statements made in this Defendant's Answer to Complaint in Divo with Counterclaim are true and correct to the bes of my knowledge, information and belief. I understand that f als statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 11/3/08 ( ) Pl ntiff (X ) Defendant e MEYERS, DESFOR, SALTZGIVER do BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 JENNIFER L. LAVENDER, Plaintiff vs. WILLIAM J. LAVENDER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2951 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this of November, 2008, that a copy of the foregoing Defendant's Answer to Complaint in Divorce with Counterclaim was mailed, first-clss, postage pre-paid to: Michael D. Rentschler, Esquire 28 North 32nd Street Camp Hill, PA 17011 LauriAASa gi AEs ire Attorney for Defendant MEYERS, DESFOR, SALTZGIVER 6 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236.9428 • FAX (717) 236-2817 ? C1 Nt N 0 0 _o Cl cn S._J r- ? ?i JENNIFER L. LAVENDER, Plaintiff VS. WILLIAM J. LAVENDER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2951 CIVIL ACTION -LAW IN DIVORCE MOTION TO COMPEL DISCOVERY AND FOR SANCTIONS AND ATTORNEY FEES AND NOW comes the Defendant, William J. Lavender, Jr., by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files the following Motion to Compel Discovery and in support thereof avers as follows: 1. Movant is William J. Lavender, Jr., Defendant in the above-captioned divorce action. 2. Respondent is Jennifer L. Lavender, Plaintiff in the above-captioned divorce action. 3. Movant issued a Request for Production of Documents on Respondent/Plaintiff on November 13, 2008. (See Exhibit "A") 4. To date, Movant has not received the answers to his Request for Production of Documents. 5. Movant has advised Respondent that these answers were overdue. (See Exhibit "B" and "C") 6. Movant's counsel has contacted Respondent's counsel prior to filing this Motion, and Respondent does not concur with this Motion. 7. A Judge has not previously been assigned in this divorce action, however, Judge Hess has been assigned to the related custody action between the parties. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 17171 9M.CWR . FAX (7171 9'iR-9R17 8. Movant attempted to resolve the matter as it pertains to this Motion. 9. Respondent's failure to produce the documents requested violates the Pennsylvania Rules of Civil Procedure. Pa.R.C.P. 4009. 1, et seq. 10. Movant has incurred attorneys fees and costs associated with the preparation, filing, and presentation of this Motion to Compel Discovery and for Sanctions and Attorney Fees. Movant requests that Respondent be ordered to reimburse him for his attorney fees incurred herein. 11. Movant requests that Respondent be sanctioned for her willful disregard of Movant's Request for Production of Documents. WHEREFORE, Movant, William J. Lavender, Jr., respectfully requests that this Honorable Court order Respondent to produce the information requested in Movant's Request for Production of Documents, pay all attorneys fees associated with the preparation, filing, and presentation of this Motion, and further sanction Respondent for her willful disregard of Movant's Request for Production of Documents. Respectfully submitted, Attorney I.D P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Movant/Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street JENNIFER L. LAVENDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 08-2951 WILLIAM J. LAVENDER, JR., CIVIL ACTION -LAW Defendant IN DIVORCE REQUEST FOR PRODUCTION OF DOCUMENTS TO: Jennifer L. Lavender c/o: Michael D. Rentschler, Esquire 28 North 32"d Street Camp Hill, PA 17011 Instructions and Definitions Plaintiff/Defendant by his undersigned counsel, hereby propounds the following request for production of documents and tangible things pursuant to Rule 4009.1 et seq. of the Pennsylvania Rules of Civil Procedure. The documents and tangible things requested herein must be produced at the law offices of Meyers, Desfor, Saltzgiver & Boyle, 410 North Second Street, Harrisburg, Pennsylvania within thirty days. Each of the following requests is intended as a separate request. Where a request has subparts, please respond to each subpart separately and in full. Do not limit any response to the numbered request as a whole. If you have any objection to any request, please state your objection fully and set forth the factual basis for your objection in lieu of production of the documents. You must file and serve a written response to these requests within thirty days of service of these requests upon you, regardless of the time set for production of the documents and things requested herein. You are reminded that any objections not raised within the thirty day period provided for by Pa.R.C.P. 4009.12 will be deemed to have been waived by you. These requests are not only for documents and tangible things that are owned by you, but also for documents and tangible things that are in your possession, custody, or control. This means that you must produce all documents and tangible things that are responsive to a particular request and that are in your possession (regardless of whether they are your property), or over which you have control even if they are not in your possession. It also means you must produce documents and tangible things that are in the possession, custody, or control of your agents, employees, and/or attorneys. Before responding to these requests you are required to make a diligent search of your files and records to ascertain whether you have documents that would be responsive to a given 6 BOYLE 410 NORTH S " v" "~`_ HARRISBURG, PA 17108 request. Your agents, employees, and attorneys must do the same. To avoid any possibility of confusion with respect to these requests, please note that the following terms have the following meanings in these requests. unless a particular request clearly indicates otherwise: "You" or "your" refer to the person to whom these requests have been addressed. "Person" means any natural person, corporation, unincorporated association, trust, partnership, and/or any other legally cognizable entity. It is contemplated that any corporation --or-other business entity acts only through its agents, officers, employees, and attorneys, and requests that apply to any such legal entity should be construed accordingly. "Plaintiff' means the plaintiff or plaintiffs named in this action. "Defendant" means the particular defendant or defendants in this action to whom this request is addressed, as set forth above. "Document", "record", "file", and "report" all refer to and contemplate all written, recorded, or graphic information, whether preserved in writing. on magnetic tape, by electronic means, in photographic form, on microfilm or microfiche, computer disc, or by any other means of information retrieval or storage. "Identify" when used to reference to an individual means: (I) To state his/her full name. (ii) Present residence or last known residence. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 HARRISBURG, PA 17108 The request is as follows: A copy of your most current paystub showing a year to date figure, or copies of your paystubs for the past eleven months. 2. Copies of all itemized monthly statements, including account number, of all checking accounts (both joint and individual), savings accounts, brokerage or security accounts, - - -or-any-other-account- held-in-any financial institution by you or for your benefit or that you hold for the benefit of another or over which you have signatory power, for the time period January 1, 2007 to the present. 3. Original and copies of all check registers, including account number, for all checking accounts held by you (either jointly or individually) or for your benefit, or that you hold for the benefit of another, or that you have signatory power over for the time period January 1, 2007 to the present. 4. Copies of any and all monthly itemized credit card account statements of any credit cards held for you or for your benefit or that you have use of or control over, or hold for the benefit of another, for the time period January 1, 2007 to the present. 5. Copies of all Certificates of Deposit from any banking or other financial institutions which are held in your name individually or jointly with another, or which is held for your benefit from January 1, 2007 to the present. 6. Copies of all monthly statements for any retirement accounts, pension accounts, 401(k) plans, profit sharing plans, IRA's, deferred compensation accounts, or other retirement vehicle from January 1, 2007 to the present. 7. Copies of documentation of any loans made by you to another person or entity, including but not limited to when the loan was given, the source of the funds, use of such funds, repayment schedule, and interest rate charged, for the time period January 1, 2007 to the present. An itemization and accounting of any and all items purchased by you with any money transferred, redeemed or received from the use of marital assets or from the proceeds thereof, including identification of items purchased, costs and date of purchases and copies of all purchase documents. 9. Copies of all life insurance policies on which you are the owner, insured or beneficiary for the last five years, including proof of beneficiary, face sheet and/or proof of cash value. MEYERS, DESFOR, SALTZGIVER do BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 10. Copies of any and all savings bonds or treasury bonds which are presently held in your name or in your possession or which are held for your benefit. 11. Information pertaining to any employee benefits which you may have as a result of your employment. 12. If you have obtained any appraisals and/or estimate of fair market value of any marital real estate or any other real-estate in which you have any interest whatsoever, within the past five years, please supply a copy of same. 13. If you have obtained any appraisals and/or estimate of fair market value of any marital furniture or furnishings or other personalty in which you have any interest whatsoever, within the past five years, please supply a copy of same. 14. Please supply a copy of your cugent employment contract. 15. If you are alleging any physical or mental disability or impairment pursuant to this litigation, please provide a copy of any physicians or other medical practitioners report or statement that has been given to you or prepared on your behalf in the past three years. Additionally, please supply copies of any medical records for any medical treatment or services which you have received due to any alleged disability or impairment over the past three years. 16. Copies of complete cellular telephone bills and invoices from January 1, 2007 to present. This includes any and all cellular telephones held in your name or which you use, or in which you have any interest, whatsoever. 17. Documentation of any joint savings accounts, checking accounts, bank accounts, investment accounts or financial accounts that you hold with your boyfriend, William F. Hudson. 18. Documentation of any assets which you own jointly with your boyfriend, William F. Hudson, including automobiles, real estate, et cetera, whether jointly titled or in which you have any joint interest, whatsoever. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 • HARRISBURG, PA 17108 If you fail to produce the documents or things required by this Request for Production of Documents, you may be subject to the sanctions authorized b-,- Rule 4019 of the Pennsylvania Rules of Civil Procedure. MEYERS, DESFOR, SALTZGIVER & BOYLE By Laurie A. 'S i ?tzgiver, E` Attorney ID No. 61382 MEYERS, DESFOR, SALTZGIVER a BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 HARRISBURG, PA 17108 JENNIFER L. LAVENDER. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 08-2951 WILLIAM J. LAVENDER. JR., CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERV CE I hereby certify on this day of 008, that the foregoing Request for Production of Documents was mailed, first-class, postage pre-paid to: Michael D. Rentschler, Esquire 28 Nortli 32" Street Camp Hill. PA 17011 Laurie A. Sa tzgi ?(er, Attorney for Defei'id? MEYERS, DESFOR, SALTZGIVER 6 BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 LAW OFFICES MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 1. EMANUEL MEYERS (1915-1970) BRUCE D. DESFOR LAURIE A. SALTZGIVER CATHERINE A. BOYLE HARRISBURG, PA. 17108 (717) 236-9428 December 23, 2008 Michael D. Rentschler, Esquire 28 North 32nd Street Camp Hill, PA 17011 RE: William J. Lavender. Jr. v. Jennifer Lavender Dear Michael: FAX (717) 236.2817 WESSITE www.rneywadwforcom EMAIL IN MOM cbo)Ae9mr/erad99W.oom I served your client with a Request for Production of Documents on November 13, 2008. More than thirty (30) days have passed since that request was served upon you and I have not received your client's answers. Please forward your client's answers and information to the request as soon as possible. Thank you for your attention. LAS/clk cc: William Lavender LAW OFFICES MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 1. EMANUEL MEYERS (1915-1970) BRUCE D. DESFOR LAURIE A. SALTZGIVER CATHERINE A. BOYLE HARRISBURG, PA. 17108 (717) 236-9428 FAX (717) 236.2817 WEBSITE wWW.meyeredsnfotopm EMAIL be .o0m oom January 12, 2009 VIA FAX & U.S. MAIL Michael D. Rentschler, Esquire 28 North 32'd Street Camp Hill, PA 17011 RE: William J. Lavender. Jr. v. Jennifer Lavender Dear Michael: I still have not received your client's responses to the Request for Production of Documents which was served on you on November 13, 2008. If I do not receive your client's answers by close of business on Friday, January 16, 2008, I intend to file a Motion to Compel and request counsel fees and costs. Thank you for your attention. incerely, n La 'vei LAS/clk cc: William Lavender VERIFICATION I, William-.-.Laaiendef , . , verify that the statements made in this Motion to Compel Discovery and for Sanctions and Attorney Fees are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 1/19/09 ( ) P1ai ff ( g) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 JENNIFER L. LAVENDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-2951 WILLIAM J. LAVENDER, JR., CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this 19th day of January, 2009, that a copy of the foregoing Motion to Compel Discovery and for Sanctions and Attorney Fees was sent via first-class mail, postage prepaid: Michael D. Rentschler, Esquire 28 North 32nd Street Camp Hill, PA 17011 Laurie X-3b Attorney for uire MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 c? t y it 4'4 3 .. ?,7 ?t7 JAN 2 2 2009 JENNIFER L. LAVENDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-2951 WILLIAM J. LAVENDER, JR., CIVIL ACTION -LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this ag-4 day of , 2009, an argument w4d.lwa;iagis hereby scheduled on Defendant's Motion to Compel Discovery and for Sanctions and Attorney Fees on /aV4 day of 'MAA /1 , 2009 at v? : 0-b .aim./p.m. in Courtroom # `l BY THE COURT: Laurie A. Saltzgiver, Esq., P.O. Box 1062, Harrisburg, PA 17108 (717)236-9428 Attorney for Movant/Defendant Michael D. Rentschler, Esq., 28 North 32"d Street, Camp Hill, PA 17011 Attorney for Respondent/Plaintiff ??zq?o9 MEYERS, DESFOR, SALTZGIVER do BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 ?,,, _. ?- ? ?:_ ? ? '? ^ c?- L =- et v? r, C? ?( '""7 ?L;' ?- c3^ ",7 ?? ? ?.? JENNIFER L. LAVENDER, Plaintiff vs. WILLIAM J. LAVENDER, JR., Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-2951 IN RE: MOTION TO COMPEL ORDER AND NOW, this /Z ` day of March, 2009, at the request of counsel for the parties, argument on the defendant's motion to compel and for sanctions is continued generally. BY THE COURT, ?Michael D. Rentschler, Esquire For the Plaintiff Laurie A. Saltzgiver, Esquire For the Defendant :rlm LCL CS rrt: t C ? :6 V £ 1 8vw 6001 JENNIFER L. LAVENDER, Plaintiff VS. WILLIAM J. LAVENDER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-2951 IN RE: CUSTODY AND NOW, this Z9 ` day of May, 2009, after hearing and careful consideration of the testimony adduced, our order of March 26, 2009, is herewith made a final order of court. BY THE COURT, Michael D. Rentschler, Esquire For the Plaintiff .,4aurie A. Saltzgiver, Esquire For the Defendant :rlm es m?R t ?., s?aa?vq JENNIFER L. LAVENDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION cn,- o WILLIAM J. LAVENDER, NO. 2008-2951 CIVIL TERM Defendant IN DIVORCE -? AFFIDAVIT OF CONSENT iv 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on May 9, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint. 3. I consent to the entry of a final decree of divorce after service of a Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Dated: ,3 - 1 & -- 1 C) Y , JENNIFER L. LAVENDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION WILLIAM J. LAVENDER, : NO. 2008-2951 CIVIL TERM Defendant IN DIVORCE _ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION -: 3301(c) OF THE DIVORCE CODE < E° c 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to nncwnrn falsification to authorities. Date: 3 ` U, - 10 JENNIFER L. LAVENDER, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 08-2951 Q ,, ; n WILLIAM J. LAVENDER, JR., CIVIL ACTION - LAW ' Defendant IN DIVORCE AFFIDAVIT OF CONSENT C-D A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 9, 2008. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of 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. Date: -5/WI o William J. der, Jr. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 JENNIFER L. LAVENDER, Plaintiff vs. WILLIAM J. LAVENDER, JR., Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-2951 CIVIL ACTION -LAW IN DIVORCE n C WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE 1. 2 I consent to the entry of a final decree of divorce without notice. -? N a O w N 1 .? I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I 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 unsworn falsification to authorities. Date 3 ?Q wula_? William J. a der, Jr. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 1 JENNIFER L. LAVENDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA n vs. NO. 08-2951 WILLIAM J. LAVENDER, JR., CIVIL ACTION -LAW Defendant : IN DIVORCE - (D ji? -" i AFFIDAVIT OF SERVICE -_, I, Laurie A. Saltzgiver, Esquire, counsel for Defendant, William J. Lavender, being duly sworn according to law, deposes and says that on May 13, 2008 Defendant received a copy of the Complaint in Divorce by certified mail, #7007 0001 0724 3580, a copy of the printout from the United States Postal Service with the Defendant's signature is attached hereto as exhibit "A" as proof of service. Date: ?A ` d Sworn and subscribed to before me this day of Qn , 2010. Laurie A. Sa Attorney for Notary Public My Commission Expires: S// P old- COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CHRISTINA L. KEIM, Notary Public County City of Harrisburg, D on My Commission E'k " 1, 2012 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 UN STATES POSTAL SERME„ Date: 03/19/2010 MIKE RENTSCHLER: The following is in response to your 03/19/2010 request for delivery information on your Certified Mail(TM) item number 7007 2680 0001 0724 3580. The delivery record shows that this item was delivered on 05/13/2008 at 08:34 AM in ENOLA, PA 17025. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient: uj'-2c' Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service C)8- Ag51 F1LEl - 0 r 1CE Or TF I 1 -hIDTAP,Y 2010 MAR 26 PH 3: 21 c-'1 rI 11 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this / day of 2010 by and between Jennifer L. Lavender (hereinafter referred to as "Wife") of Enola, Pennsylvania and William J. Lavender (hereinafter referred to as "Husband") of Enola, Pennsylvania. WITNESSETH: WHEREAS, Husband and Wife were lawfully married on February 21, 1998 in Cumberland County, Pennsylvania; and WHEREAS, two children have been conceived of this marriage; namely, Ryan W. Lavender, born on July 28, 2004 and Emma R. Lavender born on February 24, 2001; and WHEREAS, diverse differences and difficulties have arisen between the parties respecting their interests, rights and title in and to certain property, real and/or personal, owned by or in possession of the said parties to either of them; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations and to amicably adjust, compromise and forever settle all property rights and all rights in, to or against each other's property or estate of any kind or nature whatsoever, including property heretofore or subsequently acquired by either party and to settle all disputes existing between them, including any and all claims for Wife's and/or Husband's rights to equitable distribution, maintenance and/or support, alimony, alimony pendente lite, counsel fees and costs; and WHEREAS, the parties acknowledge and agree that in entering into this Agreement, including foregoing waivers, they are each relying on truth and completeness in all material respects as to all information provided by the other party hereto regarding the assets of such person. NOW THEREFORE, in consideration of the mutual promises, covenants and agreements hereinafter contained, each of the parties hereto intending to be legally bound hereby promises, covenants and agrees as follows: DIVORCE: The parties agree that their marriage is irretrievably broken and that they mutually consent to a divorce and agree and have executed all necessary Affidavits of Consent and Waivers of Notice forms required by the court for the entry of a mutual consent divorce. Both Husband and Wife have directed their respective counsel to immediately file with the Court said Affidavits and Waivers and file the appropriate documents to request a Decree in Divorce from the bonds of matrimony under Section 3301(c) of the Divorce Code. 2. 3. 4. 5 FULL FORCE AND EFFECT: This Agreement shall continue in full force and effect until such time of final Decree in Divorce is entered. AGREEMENT TO CONTINUE IN EVENT OF DIVORCE: In the event that the marriage of the parties hereto is terminated by divorce, this Agreement shall nevertheless remain in full force and effect, and shall survive such decree and shall not in any way be affected thereby, except as provided for herein. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. WIFE'S DEBTS: Wife represents and warrants to Husband that since the date the divorce was filed, to wit, May 9, 2008, she has not and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 6. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the divorce was filed, to wit, May 9, 2008, he has not and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 7. DISCOVERY/FINANCIAL DISCLOSURE: The parties agree and acknowledge that they have each had the opportunity to conduct discovery and investigation of the assets of both parties. The parties agree and acknowledge that they have made full and fair disclosure of all of their assets and income to the other party. The parties acknowledge that they have both been given the opportunity to conduct investigation into all assets and income, whether separate or marital, prior to entry into this agreement. Both Husband and Wife acknowledge they have had full and fair disclosure of all assets prior to execution of this agreement. Furthermore, the parties acknowledge that they have both had full disclosure as to both parties income and financial condition. 8. MUTUAL RELEASES: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for termination of the marriage by divorce or annulment and except any or all causes of action for breach of any provisions of this Agreement. Husband and Wife specifically release and waive any and all rights he or she might have to raise claims under the Pennsylvania Divorce Code and all subsequent amendments, but not limited to claims for equitable distribution of marital property, support, alimony, alimony pendente lite, counsel fees or expenses. The fact that a party brings an action to enforce the property agreement as incorporated in the divorce decree, under the Pennsylvania Divorce Code and all subsequent amendments, does not give either party the right to raise other claims under the Divorce Code, specifically waived and released by this paragraph and all rights and obligations of the parties arising out of the marriage shall be determined by this Agreement. 9. RELEASE OF TESTAMENTARY CLAIMS: Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by Last Will and Testament or otherwise and each of them agree that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would become entitled thereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's Last Wills under the present or future laws of any jurisdiction whatsoever and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. 10. AGREEMENT BINDING ON HEIRS: The parties acknowledge that except as provided for in this Agreement, each of the parties shall have the right to dispose of their respective property by Last Will and Testament, and that each party waives the right to take under the Will of the other. This Agreement shall be binding on the respective heirs, executors, administrators and assigns of the parties thereto. 11. ENTIRE AGREEMENT: This Agreement represents the entire agreement between the parties. There are no representations, promises, agreements, conditions, or warranties between the parties other than those set forth herein. 12. LEGAL ADVICENOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and has had the benefit of counsel of Michael D. Rentschler, Esquire, as her attorney. The Husband has employed and has had the benefit of counsel of Laurie A. Saltzgiver, Esquire, as his attorney. Each party acknowledges that they have received independent legal advice from counsel and that each party fully understands the facts and have been fully informed of their legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Also, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the current Pennsylvania Divorce Law, and his or her rights thereunder, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties and waives their respective right to have the Court make any determination or order affecting the respective parties' right to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs and expenses. 13. DIVISION OF PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph. 14. EQUITABLE DISTRIBUTION: a. Disposition of Real Property: Husband does hereby set over, transfer and assign to Wife all of his right, title and interest in the marital residence located at 1014 Teakwood Lane, Enola, Cumberland County, Pennsylvania. The marital residence shall be the sole property of Wife and Husband agrees to execute a deed, at the time of refinance, transferring the property into Wife's name alone. The parties acknowledge and agree that the marital residence currently has a fair market value of $198,000.00. The parties acknowledge there is currently a 1st and 2" mortgage against the marital residence in the parties joint names. Wife shall refinance said mortgages and remove Husband's name therefrom. Wife shall be responsible for all costs of refinancing. At the time of the refinance, Wife shall transfer one-half of the equity in the marital residence, or $198,000.00 minus the amount of the mortgage payoffs divided by two. This shall be a one-time lump sum equitable distribution payment from Wife to Husband. Wife shall refinance the current mortgages and shall make said lump sum payment to Husband within ninety (90) days of the execution of the within agreement. ii. Wife agrees to be responsible for any and all real estate taxes due on the residence including any past due taxes on the residence which may have accumulated during the marriage. Wife agrees that she shall indemnify and save harmless Husband from any and all claims or demands made against him for said property taxes. b. Pension Plans/IRAS: The parties acknowledge that the Husband presently has a pension known as the Teamsters Pension Fund. The parties agree that one-half of the marital portion of this pension fund shall be transferred to Wife via a Qualified Domestic Relations Order. The remaining balance of this pension plan shall be the Husband's sole and exclusive property. The parties agree to equally divide the cost of preparation of the Qualified Domestic Relations Order by Conrad Siegel Actuaries. i. The parties acknowledge that Husband has a premarital IRA and a Roth IRA. The parties acknowledge and agree that any and all IRA's in Husband's name shall remain Husband's sole and exclusive possession. The parties acknowledge that Wife has a 401(k) in her name alone. Said 401(k) shall remain Wife's sole and exclusive possession, free and clear of any and all claim or demand by Husband. C. Automobiles: Wife shall keep the proceeds received on the trade-in of the 2004 Saturn Vue automobile as her sole and exclusive possession free of any claim or demand by Husband. Husband shall keep the 2000 Chevy Impala automobile as his sole and exclusive possession, free and clear of any and all claim or demand by Wife. The parties agree to execute any and all documentation necessary to give effect to the above paragraphs. d. Checking/Savings Accounts: Wife shall keep as her sole and exclusive possession any and all checking and savings accounts in her name alone. Husband waives any and all right or claim to said checking and savings accounts. Husband shall keep as his sole and exclusive possession any and all checking and savings accounts in his name alone. Wife waives any and all right or claim to said checking and savings accounts. 15. CHILD DEPENDANCY DEDUCTIONS: The parties agree that Wife shall claim their child, Emma R. Lavender, as a dependent on her annual income tax returns and Husband shall claim their child, Ryan W. Lavender as a dependent on his annual income tax returns. This arrangement shall be effective throughout the filing of income taxes for tax year 2019. After tax year 2019, each of the parties shall continue to claim the children as a dependent as indicated above so long as they are able to do so. After tax year 2019, if only one child is available to claim as a dependent then the parties shall alternate the ability to claim the remaining child as a dependent on their respective income tax returns with Husband claiming the child on the first year of said alternating arrangement. 16. CHILDREN'S COLLEGE ACCOUNTS: The parties acknowledge that each of their children has a college savings account which names Husband as the custodian. The parties agree that they shall both be named as custodian of these college savings accounts. Accordingly, Husband shall provide Wife with the paperwork necessary to add her name to the children's college savings accounts within ten (10) days of his receipt of the lump sum payment as indicated in paragraph 14(a) herein. 17. WAIVER OF RIGHT TO ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT, COUNSEL FEES, COSTS AND EXPENSES: The parties hereby acknowledge that they each waive their right to request alimony, alimony pendente lite, spousal support, counsel fees, costs and expenses from the other unless otherwise provided for in this Agreement. 18. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 19. ADDITIONAL INSTRUMENTS: a. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. b. This Agreement shall be incorporated into a Divorce Decree but not merged therein. 20. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 21. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 22. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. 23. EXECUTION DATE: The execution date shall be defined as the date both parties have signed this Agreement. In the event that the parties do not sign this Agreement at the same time, the execution date shall be the date the last party has signed. 24. APPLICABLE LAW: This Agreement shall be construed pursuant to the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above-wri Michael D. Rentschler, Esquire William J. Ua'wfider Laurie JENNIFER L. LAVENDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 08-2951 WILLIAM J. LAVENDER, JR., CIVIL ACTION -LAW E C= R . Defendant IN DIVORCE -0 E =C n 4 ; fV 7PM U * PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified Mail, restricted delivery on Mn 13, 2008. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the plaintiff March 16, 2010; by the defendant March 17, 2010. 4. Related claims pending: No other claims are pending. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301(d)(1)(i) of the Divorce Code. (b) Date plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: March 19, 2010. Date defendant's Waiver of Notice in § 3301(c) Divorce prothonotary: March 19, 2010. A with the MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Jennifer L. Lavender V. William J. Lavender IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2951 DIVORCE DECREE AND NOW, "io , it is ordered and decreed that Jennifer L. Lavender , plaintiff, and William J. Lavender , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (if no claims remain indicate "None.") None. The Marital Settlement Agreement dated March 17, 2010 is hereby incorporated, but not merged herein. By the Court, 14- IS AD U4- ccY % Mcz%k? sa,*Le, v c,?- zr ?\k. 24.131 D A) ofi cg- rr\a?A ?e-d -bD merx5, -DzsAor, A-o????? JUN 15 2010 Jennifer L. Lavender Plaintiff VS. William J. Lavender Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIVORCE CIVIL ACTION - LAW NO. 2008-2951 CENTRAL PENNSYLVANIA TEAMSTERS RETIREMENT INCOME PLAN 1987 QUALIFIED DOMESTIC RELATIONS ORDER ?Zj tx; c ter. I. Identifying Information- 1. The Participant is William J. Lavender. c'-= The Participant's Social Security number and date of birth are containe_ an Addendum to this QDRO. L The Participant's address is P.O. Box 586, Enola, PA 17025. c ma - c.r°; - c 2. The Alternate Payee is Jennifer L. Lavender. The Alternate Payee's Social Security number and date of birth are contained in an Addendum to this QDRO. The Alternate Payee's address is 1014 Tweakwood Drive, Enola, PA 17025. 3. This Order applies to benefits under the Central Pennsylvania Teamsters Retireme nt Income Plan 1987. 4. The parties were married on February 21, 1998, and separated on May 9, 2008. 5. The parties have raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. II. Method of Dividing Participant's Benefits 1. The Central Pennsylvania Teamsters Retirement Income Plan 1987 shall pay to the Alternate Payee a portion of the Participant's vested accrued benefit under the Plan. The Alternate Payee shall receive a benefit equal to $37,062.54 of the Participant's vested account balance as of May 31, 2008. The Alternate Payee's benefit shall be credited with net income, loss or expense from May 31, 2008, until the date the Alternate Payee's share of the account is segregated on her behalf. 2. The Fund shall separately account for the benefits awarded in Paragraph 1 of this Section II as soon as administrable after this Order is determined to be a QDRO. The Alternate Payee's share of the account shall be credited with net income, loss or expense from the date of account segregation until the date benefits are distributed to the Alternate Payee. 3. The Alternate Payee may elect to receive payment from the Plan in any form in which benefits may be paid under the Plan to the Participant (other than in the form of a joint and survivor annuity). 0 QDRO Page 2 4. The Alternate Payee may select a beneficiary to receive her benefits in the event the Alternate Payee should die prior to receiving all of her benefits by filing a beneficiary designation form with the Fund Office. In the event the Alternate Payee should die prior to receiving benefits, the Plan shall pay benefits to a beneficiary selected by the Alternate Payee on a beneficiary form provided by the Fund Office on request, or if no beneficiary is selected, to the Alternate Payee's estate. 5. The Alternate Payee may elect to receive payment from the Plan at the Participant's earliest retirement age or, if earlier, at the earliest date permitted under the Plan. For purposes of this paragraph, the Participant's earliest retirement age means the earlier of (i) the date on which the Participant is entitled to a distribution under the Plan, or (ii) the later of (a) the date the Participant attains age 50 or (b) the earliest date on which the Participant could begin receiving benefits under the Plan if the Participant separated from service. III. Other Provisions 1. This Order is not intended, and shall not be construed in such a manner as, to require the Plan Administrator: (a) to provide any form of benefit option not otherwise provided under the terms of the Plan; (b) to require the Plan to provide increased benefits determined on the basis of actuarial value; or (c) to require the payment of any benefits to the Alternate Payee under another order which previously was deemed to be a Qualified Domestic Relations Order. 2. For federal income tax purposes, the Alternate Payee and not the Participant shall be treated as the distributee for all benefits made by the Plan to the Alternate Payee pursuant to this Order. The Fund will issue a Form 1099-R to the Alternate Payee with respect to each calendar year in which the Alternate Payee receives benefits and will report such income to the IRS under the Alternate Payee's name and Social Security number. 3. This Order is intended to constitute a qualified domestic relations order within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended and Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 4. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a qualified domestic relations order. 5. It is recognized that the Alternate Payee may elect to commence receiving benefits before the Participant retires. If the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund QDRO Page 3 and shall provide any documentation or information reasonably necessary to establish their eligibility for benefits. EXECUTED this lj'?+ day of 41 -0&- , 20 10. CONSENT TO ORDER: l? 10 Defend an & t Date ? a Atto e for a ?EdaWl ate Participant lr0 l E.S WL?-l? br17110 BY THE COURT ? 3 Z5 Attorney for Pl tiff/ ate Alternate Payee ADDENDUM TO DOMESTIC RELATIONS ORDER For Submission to Central Pennsylvania Teamsters Pension Fund 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 Central Pennsylvania Teamsters Pension Fund when submitting the court certified copy of the Domestic Relations Order. Do NOT file the Addendum with the court. Participant Information Name: William J. Lavender Address: P.O. Box 586 Enola, PA 17025 SSN: 552-11-4830 Date of Birth: June 23, 1967 Alternate Pavee Information Name: Jennifer L. Lavender Address: 1014 Tweakwood Drive Enola, PA 17025 SSN: 183-68-5161 Date of Birth: July 28, 1975 Participant Attorney's Information Name: Laurie A. Saltzgiver, Esq. Address: Meyers, Desfor, Saltzgiver & Boyle 410 N. Second St., P.O. Box 1062 Harrisburg, PA 17108 Phone Number: (717) 236-9428 Alternate Payee Attorney's Information Name: Michael Rentschler, Esq. Address: 28 N. 32nd Street Camp Hill, PA 17011 Phone Number: (717) 975-9129 The court certified copy of the Domestic Relations Order and this Addendum should be sent to: Ms. Michelle Houck, Pension Benefits Manager Central Pennsylvania Teamsters Pension Fund P.O. Box 15223 Reading, PA 19612-5223 JUN 15 `Lulu Jennifer L. Lavender IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. DIVORCE CIVIL ACTION - LAW William J. Lavender NO. 2008-2951 Defendant N e CENTRAL PENNSYLVANIA TEAMSTERS DEFINED BENEFIT PLAN o QUALIFIED DOMESTIC RELATIONS ORDER -{- =1 I. Identifying Information t .C P 1. The Participant is William J. Lavender.C The Participant's Social Security number and date of birth are contained in a G_ a rf Addendum to this QDRO e tr The Participant's address is P.O. Box 586, Enola, PA 17025. C O 2. The Alternate Payee is Jennifer L. Lavender. h The Alternate Payee's Social Security number and date of birth are contained in an Addendum to this QDRO. The Alternate Payee's address is 1014 Tweakwood Drive, Enola, PA 17025. 3. This Order applies to benefits under the Central Pennsylvania Teamsters Defined Benefit Plan. 4. The parties were married on February 21, 1998, and separated on May 9, 2008. 5. The parties have raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. II. Method of Dividing Participant's Pension Assignment of Benefit to Alternate Payee: The Alternate Payee is hereby assigned a portion of the Participant's vested accrued benefit under the Plan. The Fund is to make payment of the Alternate Payee's benefits directly to the Alternate Payee. The Alternate Payee shall be entitled to 50% of the Participant's vested monthly benefit accrued under the Plan from February 21, 1998, until May 9, 2008. In addition, the Alternate Payee shall receive any postretirement cost-of-living adjustments or other economic improvements associated with the Participant's vested accrued benefit assigned to the Alternate Payee and made to the Participant's benefits on or after the date of his retirement. 2. Form of Benefits: The Alternate Payee is entitled to a separate interest. This means the benefit shall be paid by the Plan in the form of a single life annuity over the life expectancy of the Alternate Payee determined on an actuarial basis. This form of benefit includes a three-year certain feature. If the Alternate Payee should die prior to receiving 36 months of benefits, the Plan shall pay benefits for the number of months remaining in the three-year period to a beneficiary selected by the Alternate Payee on a QDRO Page 2 beneficiary form provided by the Fund office on request, or if no beneficiary is selected, to the surviving spouse, or if none, to the Alternate Payee's estate. The death of the Participant will not have an effect on the Alternate Payee's receipt of benefits. 3. Commencement of Payments to the Alternate Payee: The Plan may commence payment to the Alternate Payee at the Participant's earliest retirement age. For purposes of this Order, the Participant's earliest retirement age is the earlier of (i) the date on which the Participant is entitled to a distribution under the Plan or (ii) the later of (a) the date the Participant attains age 50 or (b) the earliest date on which the Participant could begin receiving benefits under the Plan if the Participant separated from service, regardless of whether the Participant has actually retired. 4. Early Retirement Subsidies: The Alternate Payee shall be entitled to a pro rata share of any early retirement subsidy (including the CMMB and the Rule of 82-85) that is payable to the Participant at retirement. If the Alternate Payee commences benefits before the Participant retires, then the amounts payable to the Alternate Payee will be increased, effective on the date the Participant commences receipt of benefits, on a prospective basis. 5. If the Participant dies before the Alternate Payee commences receipt of her benefits, the Alternate Payee's receipt of benefits shall not be affected. If the Alternate Payee dies before she commences receipt of her benefits, then the Alternate Payee's share shall revert to the Participant, if permitted under the terms of the Plan; otherwise, the Alternate Payee's share shall revert to the Plan. III. Other Provisions 1. This Order is not intended, and shall not be construed in such a manner as, to require the Plan Administrator: (a) to provide any form of benefit option not otherwise provided under the terms of the Plan; (b) to require the Plan to provide increased benefits determined on the basis of actuarial value; or (c) to require the payment of any benefits to the Alternate Payee under another order which previously was deemed to be a Qualified Domestic Relations Order. 2. For federal income tax purposes, the Alternate Payee and not the Participant shall be treated as the distributee for all benefits made by the Plan to the Alternate Payee pursuant to this Order. The Fund will issue a Form 1099-R to the Alternate Payee with respect to each calendar year in which the Alternate Payee receives benefits and will report such income to the IRS under the Alternate Payee's name and Social Security number. 3. It is recognized that the parties may need to provide certain information to the Fund Office. If the Fund Office or the Alternate Payee so requests, the Participant will QDRO Page 3 cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necessary to establish eligibility for benefits. 4. This Order is intended to constitute a qualified domestic relations order within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended and Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 5. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a qualified domestic relations order. EXECUTED this 11' day of 20?. CONSENT TO ORDER: ?- _._ 3 eke Alt r e avee Date 3 /Q Attorney for Plaintiff/ Date Alternate Payee co-? t'e-T m"?U61L ?f?nl?v d "Xr mrrTT /'tllrmm J /b Defendan artici ant 'Ddte ADDENDUM TO DOMESTIC RELATIONS ORDER For Submission to Central Pennsylvania Teamsters Pension Fund 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 Central Pennsylvania Teamsters Pension Fund when submitting the court certified copy of the Domestic Relations Order. Do NOT file the Addendum with the court. Participant Information Name: William J. Lavender Address: P.O. Box 586 Enola, PA 17025 SSN: 552-11-4830 Date of Birth: June 23, 1967 Alternate Pavee Information Name: Jennifer L. Lavender Address: 1014 Tweakwood Drive Enola, PA 17025 SSN: 183-68-5161 Date of Birth: July 28, 1975 Participant Attorney's Information Name: Laurie A. Saltzgiver, Esq. Address: Meyers, Desfor, Saltzgiver & Boyle 410 N. Second St., P.O. Box 1062 Harrisburg, PA 17108 Phone Number: (717) 236-9428 Alternate Payee Attorney's Information Name: Michael Rentschler, Esq. Address: 28 N. 32nd Street Camp Hill, PA 17011 Phone Number: (717) 975-9129 The court certified copy of the Domestic Relations Order and this Addendum should be sent to: Ms. Michelle Houck, Pension Benefits Manager Central Pennsylvania Teamsters Pension Fund P.O. Box 15223 Reading, PA 19612-5223