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HomeMy WebLinkAbout08-2992Stanley J. A. Laskowski, Esquire Attorney I.D. No. 37422 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Rachel K. Wright RACHEL K. WRIGHT, Plaintiff, VS. RICHARD JOHN HEDRICK, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . No. 08 - oltggp, Civil 7eiTm CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 17113 (717) 249-3166 Stanley J. A. Laskowski, Esquire Attorney I.D. No. 37422 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Rachel K. Wright RACHEL K. WRIGHT, Plaintiff, vs. RICHARD JOHN HEDRICK, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Of- 299.2 CLIX4 e CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. Plaintiff is Rachel K. Wright, an adult individual who resides at 4809 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is Richard John Hedrick, an adult individual who resides at 104 Pulaski Drive, Jacksonville, Pulaski County, Arkansas, 72076. 3. Plaintiff has been bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 12, 2001, in Camp Hill, Cumberland, County, Pennsylvania. 5. There have been no prior actions in divorce or annulment between the parties. 6. The Defendant is not a member of the armed forces of the United States or any of its allies. 7. The Plaintiff avers that the marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. The Plaintiff does not desire counseling. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. Respectfully submitted, Date: 1j 9 d? By: Stanley J. A. a owski, Esquire Attorney I.D. # 37422 Karen W. Miller, Esquire Attorney I.D. #200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiff, Rachel K. Wright 08100-001/131861 2 VERIFICATION I, Rachel K. Wright, verify that the averments made in this Complaint 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. 4904, relating to unworn falsification to authorities. Date: S 9 v1O0 r ` Rachel K. Wright C ? ? ? opOo 6' s ` f ? r n C= ry _? -,G c Stanley J. A. Laskowski, Esquire Attorney I.E. #37422 Karen W. Miller, Esquire Attorney I.D. # 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorneys. or Plaintiff RACHEL K. WRIGHT, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 08-2992 Civil Term RICHARD JOHN HEDRICK, CIVIL ACTION - LAW Defendant. IN DIVORCE AFFIDAVIT OF SERVICE Personally appeared before me, a Notary Public in and for said Commonwealth and County, Stanley J. A. Laskowski, Esquire, who, being duly sworn according to law, states that he served a certified copy of the Complaint in Divorce upon the Defendant, Richard John Hedrick, pursuant to Pennsylvania Rule of Civil Procedure 1930.4 by letter dated May 13, 2008, and mailing the same to Defendant, Richard John Hedrick on May 13, 2008, by first class mail, postage prepaid, and by certified mail, restricted delivery, return receipt requested, said certified mail piece being No. 7007 0710 0003 2692 3221; that service of the foregoing was made on May 17, 2008; and that attached hereto and incorporated herein by reference is a true and correct copy of the May 13, 2008, correspondence of the undersigned together with the original return receipt and Certificate of Mailing (collectively Exhibit "A"), acknowledging receipt of the aforementioned documents by the Defendant. Sworn to and subscribed before me this /9M day By: t? uy? of August, 2008. Stanley J. L owski, Esquire Attorney I. . #37422 Karen W. Miller, Esquire Attorney I.D. # 200037 Caldwell & Kearns, P.C. Notar ublic 3631 North Front Street COMMONWEALTH OF PENNSYLVANIA Harrisburg, PA 17110-1533 Notarial Seal (717) 232-7661 Nancy L. Breski, Notary Public Attorneys for Plaintiff, Rachel K Wright 08100-001/] 33337 Susquehanna T", Dauphin County My Commission E)*n March 16, 2012 Member, Pennsylvania Assodatlon of Notaries JAMES R. CLIPPINGER CHARLES J. DEHART. III JAMES L. GOLDSMITH P. DANIEL ALTLAND JEFFREY T. MCGUIRE" STANLEY J. A. LASKOWSKI DOUGLAS K. MARSICO BRETT M. WOODBURN DAVID J. LANZA ELIZABETH H. FEATHER KAREN W. MILLER 'BOARD CERTIFIED CIVIL TRIAL ADVOCATE CALDWELL & KEARNS A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3631 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17110-1533 May 13, 2008 VIA CERTIFIED AND REGULAR MAIL NO. 7007 0710 0003 2692 3221 Richard John Hedrick 104 Pulaski Drive Jacksonville, KS 72076 RE: Wright v. Hedrick County Docket No. 08-2992 Civil Term Dear Mr. Hedrick: OF COUNSEL RICHARD L. KEARNS CARL G. WASS JAMES D. CAMPBELL. JR. THOMAS D. CALDWELL. JR. (1928 - 2001) 717-232-7661 FAX: 717-232-2766 thefirmOceldweOkeems.com Please be advised that I have been retained by Rachel Wright to represent her regarding the initiation of Divorce proceedings. I am enclosing with this letter a true and correct, certified copy of the Notice to Defend and Claim Rights together with the Complaint under Section 3301(c) of the Divorce Code that has been filed. By also forwarding this letter to you by U.S. First Class Mail, postage prepaid, as well as by certified mail, return receipt requested, restricted delivery, I ask that you kindly accept receipt of the certified mail so that it may promptly be returned to me and forwarded to the Court in accordance with the Pennsylvania Rules of Civil Procedure. In the event that the certified mail does not reach you, I am enclosing with this letter an Acceptance of Service form for you to acknowledge your receipt of the enclosed Complaint. In the event that you have not received the certified mail, I ask that you date and sign the Acceptance of Service form and return it to my attention. There is a self-addressed, stamped envelope enclosed for your use. As I am also representing Ms. Wright in this matter, this letter is to also confirm that I cannot represent your interests in this case. You do have the right to consult with your own legal counsel regarding these matters. A notice attached to the Complaint contains contact information to assist you in obtaining a referral to such counsel. If you should engage legal counsel to represent you, kindly have him or her contact me. Richard John Hedrick May 13, 2008 Page 2 As a general matter, the Pennsylvania Divorce Code requires that 90 days elapse after your receipt of the enclosed Divorce Complaint for me to be able to request that the Court enter a final Decree in Divorce. In order to do so, both you and Ms. Wright will need to complete at that time, an Affidavit of Consent and Waiver of Notice form for filing with the Court. At that time, I will prepare the required forms and forward them to each of you. I shall look forward to working with you in bringing this matter to an amicable resolution. SJAL:daf Enclosures cc: Rachel K. Wright (w/enclosure) 08100-001/133071 Sincerely, Stanley J. Laskowski CALDWELL & KEARNS IIII! Ip a Item" 1r Z and & Also eompiebe 106 4 If Reshiceed D*my Is de*W. i Oft your name and address on the reverse firer chart we can return the card to you. t Adlach this card to the track of the maIi sran the front If space permits. 7.Addressed to: Richard John Hedrick 104 Pulaski Drive Jacksonville, KS 72076 a 7007 RAIMIIfri A. X E3AWM scewsd by (Rinder/ Naas) C. Dots of OdIiiiiiIllIlr ?Pauc.. ? -l7- _ D. in deevery address drterarrt fiom Ilea( 17 ? Yes If YES, enter delivery address bebw: O No 8. J 1y 'I?epletxeaM? 13 E>?rses Mee D Pawn fit for Mail, ? haired moo ? aom. 4- Reatrktad DsAvery? (Odra Fes) 0116s r•-I na rU delivery informa tion visit our website at . M' F C 1-7-1 FU n-' •P Postage $/,/7 ti Certified Fee ?? () Return Receipt Fee ? ti Postm H ' Herr 2 2 1 j (Endorsement Required) 4 e O Restricted Delivery Fee ?? I3 (Endorsement Required) ':l r%- Total Postage 8 Fees $6,07 M jAP- O-Z 10- o Sent To _.._______.. ] . Richard John He&ick ----- C3 I - Street Apt. Vv ; orPOearNo- 104 Pulaski Drive C* SM89, z?--------- --- JaC MMville, KS 72076 r: 21A RACHEL K. WRIGHT, Plaintiff, vs. RICHARD JOHN HEDRICK, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2992 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) OF THE DIVORCE CODE I . A Complaint in Divorce under 3301(c) of the Divorce Code was filed on May 12, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce without notice. 4. 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. 5. 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: 15 SepT 0,3 ?4m Richard John 1-19drick, Defendant 08100-001/136843 '? Gam} S?. _5 _ £"' t -? i`f"1 ) t.v ? is ? s _i .: ?:?:v ?` :a ? ?"+ --i .,% .t ,,,?' Stanley J. A. Laskowski, Esquire Attorney I.E. #37422 Karen W. Miller, Esquire Attorney I.D. # 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorneys for Plaintiff RACHEL K. WRIGHT, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08-2992 Civil Term RICHARD JOHN HEDRICK, CIVIL ACTION - LAW Defendant. IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) OF THE DIVORCE CODE A Complaint in Divorce under 3301(c) of the Divorce Code was filed on May 12, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce without notice. 4. 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. 5. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. !Si Date: r Rachel K. Wright, Plaintiff 08100-001/136841 C rTI LM Stanley J.A. Laskowski, Esquire Attorney I.D. No. 37422 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Plaintiff, Rachel K. Wright RACHEL K. WRIGHT, Plaintiff, vs. RICHARD JOHN HEDRICK, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2992 Civil Term CIVIL ACTION - LAW IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT BETWEEN THE PLAINTIFF, RACHEL K. WRIGHT AND DEFENDANT, RICHARD JOHN HEDRICK-, DATED NOVEMBER 6, 2008 Respectfully submitted, CALDWELL & KEARNS, P. C. Date: November, 2008 By:(?. Stanley J.A. kowski, Esquire Attorney I.D. # 37422 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 (717) 232-2766 Fax Attorney for Plaintiff, Rachel K. Wright 08100-001-141001 MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, dated the 64tday of tib v ,&,t. , 2008, by and between RACHEL KENNEDY WRIGHT, 4809 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050, Social Security No. 204-60-4599, hereinafter called the "WIFE", and RICHARD JOHN HEDRICK, 26614 Highway 107, Jacksonville, Arkansas, 72076, Social Security No. 165-54-4371, hereinafter called the "HUSBAND", who agree as follows: WITNESSETH: WHEREAS, the parties are Husband and Wife, having been married on May 12, 2001; WHEREAS, diverse, unhappy and irreconcilable differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and the parties desire to enter into an Agreement settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation: ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and any and all claims and possible claims by one against the other or against their respective estates; NOW THEREFORE, in consideration of the promises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, mutually agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to condone any act(s) of the other party which have occasioned the disputes or unhappy differences whether occurring prior or subsequent to the date of this Agreement. Upon initiation of an action in divorce by either party, the parties intend and agree to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code. 2. EFFECT OF DECREE, NO MERGER The provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment, or order of separation or divorce in any state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them for purposes of enforcement only of any provisions therein, but shall survive such decree. 3. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall take place simultaneously with the execution of this Agreement. 2 4. ADVICE OF COUNSEL The parties acknowledge that they have had the opportunity to receive and have received independent legal advice from counsel of their selection at their sole discretion and that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in 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 the 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 agreements. 5. FINANCIAL DISCLOSURE Wife and Husband represent and agree that they have made a full and complete disclosure to the other of all information of financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner misrepresented. Each party acknowledges that they have been informed they may have the right, as provided by statute and Pennsylvania Rules of Civil Procedure, to obtain information regarding the parties' finances. Such information would include, without limitation, their present and past income; and the identity and value of assets both presently owned and transferred previously. 6. FILING INVENTORIES AND APPRAISEMENT The parties further acknowledge their understanding that they each have the right to file Inventories and Appraisement with the Court and to require the other party to do so. Such Inventories and Appraisement require a party to indicate, under oath, information regarding all marital property in which either party has an interest as of the date the action was commenced. Husband and Wife voluntarily and intelligently agree to waive any rights which they may have to 3 receive an inventory and appraisement of all property owned by them jointly or individually, at the time of delivery of this Agreement or of the commencement of any action in divorce. 7. TAX LIABILITY The parties believe and agree, and have been so advised, each at their sole discretion by their attorneys that the division of property made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of property. Each party promises not to take any position with respect to the property assigned to him or her or which is inconsistent with this position on his or her Federal, State or local income tax returns. 8. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest or interfere with each other, nor shall either of them attempt to compel the other to cohabit or dwell with her or him, by any means whatsoever, nor in any way interfere with the peaceful existence, separate and apart from the other. Neither party shall harass or be verbally or physically abusive to the other. 9. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever 4 nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 10. EQUITABLE DISTRIBUTION OF PROPERTY It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage, as contemplated by The Act of April 2, 1980 (P.L..63, No. 26) known as "The Divorce Code," 23 P. S. 3101 et. seq. of the Commonwealth of Pennsylvania. 5 And further, that the parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in 3502 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage, the prior marriages, if any, of the parties; the age, the health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of one party to the education, training, or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 11. DISTRIBUTION OF PERSONAL PROPERTY The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property, including but not limited to bank accounts, household goods, furniture, furnishings and contents of the marital home. Neither party shall make any claim to any such other items of marital property, or of their separate personal property, which are now deemed in the respective possession and/or under the control of the other party. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible 6 personal property, if any physical or written certificate of insurance or other similar writing is in the possession or control of the party. Each of the parties, subject to the terms hereof, hereby specifically waives, releases, renounces and forever abandons any claim which he or she may have with respect to those items of personal property hereby assigned to the other, which such items shall hereafter be the sole and exclusive property of the other. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible and intangible, subsequently acquired by a party. A. VEHICLES Distribution of the personal property is deemed to include motor vehicles previously owned or leased by the parties, and any substitutions and replacements thereof. It is agreed that the 1998 Saturn Coupe, together with any substitutions or replacements thereof, with all right, title, possession and interest therein, shall become and remain the sole and exclusive property of Wife. Wife agrees to assume, indemnify and respectively hold the Husband harmless from any and all liability for any and all liens, encumbrances, lease and other obligations with respect to such vehicle retained by Wife, as well as be responsible for any and all maintenance, taxes and insurance with respect to this vehicle. 7 It is agreed that the 1997 Nissan pickup truck, together with any substitutions or replacements thereof, with all right, title, possession and interest therein, shall become and remain the sole and exclusive property of Husband. Husband agrees to assume, indemnify and respectively hold the Wife harmless from any and all liability for any and all liens, encumbrances, lease and other obligations with respect to such vehicle retained by Husband, as well as be responsible for any and all maintenance, taxes and insurance with respect to this vehicle. B. BANK ACCOUNTS Husband and Wife acknowledge and agree that they are each owners of individual personal checking, savings and money market accounts with BELCO Federal Credit Union and ING Direct. It is agreed that each respective checking, savings and money market account shall become and remain the sole and exclusive property of Husband and Wife to which each account is respectively titled. It is further agreed that all right, title and interest to the parties' joint Commerce Bank checking account shall become and remain the sole and exclusive property of Wife. C. 2007 TAX LIABILITY Husband and Wife acknowledge and agree that the 2007 IRS Federal Income Tax refund or liability for taxes owed shall be divided fifty-percent (50%) to Wife and fifty-percent (50%) to Husband. 12. WIFE'S DEBTS Wife represents and warrants to Husband that since the separation 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 and obligations incurred by the Wife prior to the date of the 8 delivery of this Agreement, and all further debts incurred by the Wife from and after the date of delivery hereof, shall be the Wife's individual responsibility. 13. HUSBAND'S DEBTS Husband represents and warrants to Wife that since the separation 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 the Husband prior to the date of delivery of this Agreement, and all further debts incurred by the Husband from and after the date of delivery hereof, shall be the Husband's individual responsibility. 14. MARITAL DEBTS Husband and Wife acknowledge that there is outstanding joint indebtedness which has been incurred as provided hereinafter. The joint mortgage obligation regarding the marital home is addressed in paragraph 17 hereof. Husband, assumes and shall be solely responsible for the parties' Bank of America credit card balance for which payment shall be made to Wife as follows: Husband agrees to pay to Wife a lump sum in the amount of Ten Thousand Dollars, ($10,000.00), the receipt of which is hereby acknowledged, to be applied and partially satisfy the balance of the Bank of America credit card account No. 4147 3710 1260 0277. Husband further agrees to pay Wife an additional lump sum of Five Thousand Dollars ($5000.00) on or before June 1, 2008, to be applied as payment in full of the Bank of America credit card balance. Wife agrees that she will hereafter pay and be solely responsible for the payment of the indebtedness of the parties on the Gish's Furniture Account, having an approximate balance of Two Thousand Two Hundred Fifty Dollars ($2,250.00) as of April 1, 2008. As to each indebtedness which each party has herein undertaken to pay, the party 9 agreeing to pay a specific indebtedness does hereby agree to indemnify and hold harmless the other party from any further liability or responsibility with regard thereto. Husband and Wife hereby acknowledge that there are no other outstanding joint bills or indebtedness which have been incurred by either for the liability of the other, and both parties hereby covenant and agree that neither shall have any financial obligation to pay any financial obligations which are solely the financial obligation of the other and which have been contracted by either parry solely for their own benefit. Husband and Wife further agree that they will indemnify the other from any and all claims or demands made against the other by reason of any debts or obligations contracted in violation of this Agreement. In the event that either party contracted or incurred any debts, the party who incurred said debt shall be responsible for the payment thereof, regardless of the name in which the account may have been charged. Husband acknowledges and agrees that upon execution of this Agreement, he shall not be an authorized use, and shall be removed as such authorized user, from any and all credit cards on which Wife is the primary cardholder. 15. RETIREMENT FUNDS A. Husband acknowledges that Wife has accrued and is entitled to certain pension, profit sharing or other retirement and employment benefits as a result of her employment with the Pennsylvania Higher Education Assistance Agency ("PHEAA"). Husband hereby waives any right, title and interest he may have, if any, in any retirement savings plan, pension or other retirement and employment benefits, including but not limited to Wife's PSERS Retirement Fund and 457(b) Retirement Fund, including interest, dividends and increase in value thereafter accruing, which said Plan benefit and account shall be and remain the sole and exclusive property of Wife. B. Wife acknowledges that Husband has accrued and is entitled to certain pension, profit sharing or other retirement and employment benefits as a result of his employment with the Army 10 War College, Carlisle, Pennsylvania, and prior Pennsylvania National Guard Service. Wife hereby waives any right, title and interest she may have, in any and all retirement savings plan, pension or other retirement and employment benefits of Husband, including but not limited to his TSP Retirement Fund and the 401K Account, including interest, dividends and increase in value thereafter accruing, which said Plans and benefits shall be and remain the sole and exclusive property of Husband. C. Husband and Wife shall each be deemed to retain and remain in possession and control of any social security benefits which either party may respectively have a vested or contingent right or interest, for which they are eligible, if any, at the time of signing of this Agreement. 16. LIFE AND HEALTH INSURANCE Husband and Wife shall each be deemed to be and remain in sole and exclusive possession, control and ownership of his or her own life insurance policies and benefits, if any, and neither will make any claim against the other for any interest therein. Except as provided otherwise in this Agreement, Husband and Wife each shall be deemed to be and remain in sole and exclusive possession, control and ownership of his or her own health insurance policies and benefits, and neither will make any claim against the other for any interest therein. 17. REAL ESTATE A. 4809 Brian Road, Mechanicsburg, Cumberland Coun, Pennsylvania. The parties are the joint owners of real estate which had previously been their marital home, known as 4809 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "Property"). Husband agrees that he will execute a Deed, transferring to Wife, all right, title and interest in and to the aforementioned marital home. Wife agrees that upon execution of this Agreement, she shall remain 11 solely and exclusively responsible for the payment of the mortgage encumbrance thereon in favor of GMAC Financial Services (hereinafter "GMAC") and she does hereby agree that she shall indemnify and hold harmless, Husband from all further liability or responsibility with regard thereto. It is agreed that all right, title and possession whatsoever in the property shall become and remain the sole and exclusive property of Wife. Wife agrees to and shall assume, indemnify and hold harmless Husband, upon execution of this Agreement, from any and all liability for any and all other liens, mortgages, maintenance, costs, expenses, trash, sewer, water, taxes and insurance, utilities and all other obligations of whatsoever nature with respect to the property. B. Mountain Laurel Resort & Sga, White Haven, Pennsylvania - Time Share. The parties are j oint owners of a time share of real estate known as Mountain Laurel Resort & Spa, White Haven, Pennsylvania (hereinafter "Mount Laurel"). Husband agrees that he will execute a Deed, or such other instrument in a form satisfactory to Wife, transferring to Wife, all right, title and interest in and to the aforementioned time share. Wife agrees that upon execution of this Agreement, she shall remain solely and exclusively responsible for the cost of transfer of said time share to Wife and payment of yearly maintenance fees and she does hereby agree that she shall indemnify and hold harmless, Husband from all further liability or responsibility with regard thereto. It is agreed that all right, title and possession whatsoever in the property shall become and remain the sole and exclusive property of Wife. Wife agrees to and shall assume, indemnify and hold harmless Husband, upon execution of this Agreement, from any and all liability for any and all other liens, mortgages, maintenance, costs, expenses, taxes, insurance, and other obligations of whatsoever nature with respect to the time share. C. St. Martin Royal Island La Terrase - Time Share. The parties are joint owners of a time share of real estate known as St. Martin Royal Island La Terrase, St. Martin (hereinafter "La 12 r ? Terrase"). Husband agrees that he will execute a Deed, or such other instrument in a form satisfactory to Wife, transferring to Wife, all right, title and interest in and to the aforementioned time share. Wife agrees that upon execution of this Agreement, she shall remain solely and exclusively responsible for the cost of transfer of said time share to Wife and payment of yearly maintenance fees and she does hereby agree that she shall indemnify and hold harmless, Husband from all further liability or responsibility with regard thereto. It is agreed that all right, title and possession whatsoever in the property shall become and remain the sole and exclusive property of Wife. Wife agrees to and shall assume, indemnify and hold harmless Husband, upon execution of this Agreement, from any and all liability for any and all other liens, mortgages, maintenance, costs, expenses, taxes, insurance, and other obligations of whatsoever nature with respect to the time share. D. St. Martin Caravanserai -Time Share. The parties are joint owners of a timeshare of real estate known as St. Martin Caravanserai, St. Martin (hereinafter "Caravanserai"). Wife agrees that she will execute a Deed, or such other instrument in a form satisfactory to Husband, transferring to Husband, all right, title and interest in and to the aforementioned time share. Husband agrees that upon execution of this Agreement, he shall remain solely and exclusively responsible for the cost of transfer of said time share to Husband and payment of yearly maintenance fees and he does hereby agree that he shall indemnify and hold harmless, Wife from all further liability or responsibility with regard thereto. It is agreed that all right, title and possession whatsoever in the property shall become and remain the sole and exclusive property of Husband. Husband agrees to and shall assume, indemnify and hold harmless Wife, upon execution of this Agreement, from any and all liability for any and all other liens, mortgages, maintenance, costs, expenses, taxes, insurance, and other obligations of whatsoever nature with respect to the time share. 13 E. The Atrium, St. Martin - Time Share. The parties are j oint owners of a time share of real estate known as The Atrium, St. Martin (hereinafter "The Atrium") to the extent which such time share has not been heretofore terminated. Husband agrees that he will execute a Deed, or such other instrument in a form satisfactory to Wife, transferring to Wife, all, if any, remaining right, title and interest in and to the aforementioned time share. Wife agrees that upon execution of this Agreement, she shall remain solely and exclusively responsible for the cost of transfer of said time share to Wife and payment of yearly maintenance fees and she does hereby agree that she shall indemnify and hold harmless, Husband from all further liability or responsibility with regard thereto. It is agreed that all right, title and possession whatsoever in the property shall become and remain the sole and exclusive property of Wife. Wife agrees to and shall assume, indemnify and hold harmless Husband, upon execution of this Agreement, from any and all liability for any and all other liens, mortgages, maintenance, costs, expenses, taxes, insurance, utilities and other obligations of whatsoever nature with respect to the time share. 18. WAIVER OF SPOUSAL SUPPORT, ALIMONY PENDENTE LPI'E, AND ALIMONY Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or other maintenance. It shall be from the date of this agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. In the event that Husband has initiated against Wife any legal or other action for or pertaining to any form of support or maintenance, such as spousal support, alimony or alimony pendente lite, said action shall be deemed withdrawn and be terminated for all purposes effective immediately upon execution of this Agreement. 14 19. ATTORNEY FEES, COSTS & EXPENSES The parties agree to waive receipt of and to be responsible for their own attorney fees, costs and expenses in connection with the negotiation and preparation of this agreement and the granting of a divorce decree. 20. BREACH OF AGREEMENT If either party fails in the due performance of obligations under this agreement at their election, the non-breaching party shall have the right to sue for damages for breach of this agreement or to rescind same and seek such legal remedies as may be available to them. The breaching party will be responsible for actual legal fees and costs incurred by the non-breaching party necessary to the enforcement of this agreement. 21. LAW OF PENNSYLVANIA APPLICABLE This agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this agreement. 22. AGREEMENT BINDING ON HEIRS This agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 23. SEVERABILITY 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. Likewise, the failure of any parry to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 15 ? v 24. INTEGRATION 1 „ ¦ v This agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 25. MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 26. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party upon request any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this agreement. 27. WAIVER The failure of either party to insist upon strict performance of any of the provisions of this agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 28. HEADING NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this agreement nor shall they affect its meaning, construction or effect. 16 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. WITNESS: 08100-001/131161 Rachel K. Wright mm? ? ?N"l Richard J. drick 17 h ih • t ? 1 ?? ? ? i1 Y1 COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF R U p l{ n1 On this, the 11--h day of 4V6 Pi 8a , 2008, before me, a Notary Public, the undersigned officer, personally appeared Rachel K. Wright, known to me to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. ?U? Notary Publi My commission expires: STATE OF ARKANSAS COUNTY OF COMMONWEALTH OF PENNSYLVANIA Notarial Seal Nancy L Breski, Notary Public Susquehanna Twp., Dauphin County My Commission Expires March tE, 2014 Member, Pennsylvania Aaeociation of Notaries ss: On this, theA-/ day of 2V&P, h (°r, 2008, before me, a Notary Public, the undersigned officer, personally appeared Richard J. Hedrick, known to me to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. N blic My commission expires: zo -Z0-l OFFICIAL SEAL JARED DILLS LONOKE COUNTY NOTARY PUBLIC - ARKANSAS W COMMISSION EXPIRES JUNE 20, 2018 Him r? ? ?m Stanley J.A. Laskowski, Esquire Attorney I.D. No. 37422 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Plaintiff, Rachel K. Wright RACHEL K. WRIGHT, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. RICHARD JOHN HEDRICK, Defendant. : No. 08-2992 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: by Certified Mail, Return Receipt No. 7007 0710 0003 2692 3221 on May 17, 2008 and completed Affidavit of Service filed on August 19, 2009. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff on November 11, 2008; by Defendant on September 15, 2008. (b) (1) Date of execution of the Affidavit required by § 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiff's Affidavit: N/A 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe a copy of which is attached: N/A (b) Date Plaintiffs Waiver of Notice was filed with the Prothonotary: November 14, 2008 Date Defendant's Waiver of Notice was filed with the Prothonotary: October 8, 2008. 6. The parties have executed a Marriage Settlement Agreement, dated November 6, 2008, a true and correct copy of which has been filed of record at the within term and number, and which Agreement is requested to be incorporated in the final Decree in Divorce, but not merged therein. Respectfully submitted, CALDWELL & KEARNS, P. C. Date: November 2008 By: Stanley J.A. skowski, Esquire Attorney 1.1). # 37422 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 (717) 232-2766 Fax Attorney for Plaintiff, Rachel K. Wright 08100-001/140826 2 CERTIFICATE OF SERVICE AND NOW, this 24`h day of November 2008, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Richard John Hedrick 26614 Highway 107 Jacksonville, AR 72076 CALDWELL & KEARNS By: Stanley J. askowski, Esquire Q Jt 4 . ?? ^ F w r crr ..? IN THE COURT OF COMMON PLEAS OF RACHEL K. WRIGHT CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD JOHN HEDRICK NO. 08-2992 CIVIL TERM DIVORCE DECREE AND NOW, -Oc6e [o , 2-^c 0 , it is ordered and decreed that RACHEL K. WRIGHT , plaintiff, and RICHARD JOHN HEDRICK , 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. Subject however to the obligation of both parties to comply with the terms of Me Marriage Settlement AgreeM6nt betWeen the parties dated November 6, , and filed in this matter, the terms of which are hereby made a part of this Decree in Divorce for purposes of enforcement, but shall not be merged herein. By the Court, t 7ek,l j 0 . () !- Zt