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HomeMy WebLinkAbout04-1797 JOhnson, Duffie, Stewart & Weidner By: Wade D, Manley I.D, No, 87244 301 Market Street p, 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, otf- l?q1 CIVil ACTION - LAW HOllY A McKENDRICK, v, ROBERT M, McKENDRICK, JR., IN DIVORCE/CUSTODY Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court, A judgment may also be entered against you for any other claim or relief requested in these pages 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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 2 Liberty A venue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffie, Stewart & Weidner By: Wade D, Manley I.D, No, 87244 30 I Market Street p, 0, Box 109 Lemoyne, Pennsylvania 17043-0 I 09 (717) 7614540 Attorneys for Plaintiff HOLLY A. McKENDRICK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, (Y../ - C!.j,;~tTfft..rv" CIVIL ACTION - LAW IN DIVORCE/CUSTODY v. ROBERT M, McKENDRICK, JR., Defendant COMPLAINT IN DIVORCE UNDER ~3301(c) or 3301(d) OF THE DIVORCE CODE AND NO\lv, comes the Plaintiff, HOLL Y McKENDRICK, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, Robert McKendrick: 1, The Plaintiff is Holly McKendrick, an adult Mechanicsburg, Cumberland County, Pennsylvania 17055, 1165, individual, residing at 217 Cockleys Drive, Plaintiff's Social Security Number is 196-52- 2, The Defendant is Robert M, McKendrick, Jr., an adult individual, residing at 6412 Carlisle Pike, Lot 19, Mechanicsburg, Cumberland County, Pennsylvania 17050, Defendant's Social Security Number is 190-56-2363, COUNT I DIVORCE 3. The Plaintiff and Defendant were married on August 8. 2000, in Mechanicsburg, Cumberland County, Pennsylvania, and separated on or about February 4, 2004. 4, The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction, 6, The marriage is irretrievably broken, 7, The Plaintiff has been advised of the availability of marriage counseling and he may have the right to request that the Court require the parties to participate in counseling, WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a decree of divorce under ~3301(c) or 3301 (d) of the Divorce Code, COUNT II CUSTODY 8, Plaintiff incorporates herein by reference the allegations set forth in paragraphs one (1) through seven (7) of the Complaint as if the same were set forth herein at length, 9, Plaintiff, Holly A. McKendrick, resides at 217 Cockleys Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, 10. Defendant, Robert M, McKendrick, Jr" resides at 6412 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050, 11, Plaintiff seeks custody of the following children: Ryder William McKendrick, age 5 Yo years (DOB: 06/16/98); and Gage Michael McKendrick, age 4 years (DOB: 04/05/00), 12, The children were not born during the marriage. 13, The children are presently in the custody of Plaintiff and Defendant. 14, During the past five (5) years, the children have resided with the following persons at the following addresses: Persons Address Duration 1. Holly A. McKendrick 217 Cockleys Drive Robert M, McKendrick, Jr, Mechanicsburg, PA 17055 birth-present 2, Robert M. McKendrick, Jr. 6412 Carlisle Pike, Lot 19 Mechanicsburg, PA 17050 02/04/04-present 15, The relationship of Plaintiff to the children is that of natural MOTHER. She is married to Defendant and currently resides with the minor children, 16, The relationship of Defendant to the children is that of natural FATHER. He is married to Plaintiff and currently resides with his mother, 17, Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court, 18, Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state, 19, Plaintiff does not know of a person not a party to the proceedings who has physical custOdy of the children or claims to have custody or visitation rights with respect to the children, 20, The best interest and permanent welfare of the children will be served by granting the relief requested for the following reasons: A. MOTHER has been, since the children's births, the primary caregiver and nurturer; B, Plaintiff is able to provide a stable and loving environment for the children; C, The children have developed a close emotional relationship with Plaintiff; D. Plaintiff will foster a relationship with Defendant which provides frequent contact with the children; and E. Plaintiff's employment makes her more available to care for the children, 21, Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action, 22, The parties have had some discussions regarding potential custodial arrangements for the children and Plaintiff is hopeful that the parties will be able to reach a written agreement to be made into an Order of Court, without the necessity of custody litigation, WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant her custody of the minor children, RYDER W, McKENDRICK and GAGE M, McKENDRICK, subject to liberal periods of partial custody with the Defendant. COUNT 1/1 EQUITABLE DISTRIBUTION 23, Plaintiff incorporates herein by reference the allegations set forth in Paragraphs 1 through 22 inclusive, as if the same were set forth herein at length, 24, Plaintiff and Defendant have legally and beneficially acquired certain real and personal property during their marriage, 25. The parties have had some discussions regarding equitable distribution and Plaintiff is hopeful that the parties will be able to reach a written agreement which could be made into an Order of Court without the necessity of litigation, WHEREFORE, the Plaintiff respectfully requests that your Honorable Court equitably divide all marital property, Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ~"" ]? ~~ Wade 0, Ma ey Attorney 1.0, 0, 7 4 301 Market Street P,O, Box 109 Lemoyne, PA 17043-0109 Telephone: (717) 761-4540 Attorneys for Plaintiff :226044 VERIFICA TION I, Holly McKendrick, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief, I understand that false statements made herein are made subject to the penalties of 18 Pa,C,S,A ~4904, relating to unsworn falsification to authorities, Date: L/ IlOl (j../ ~~ Johnson, Duffie, Stewart & Weidner By: Wade D, Manley I.D, No, 87244 30 I Market Street P. 0, Box 109 Lemoyne, Pennsylvania 17043-0 I 09 (717) 7614540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. HOllY A. McKENDRICK, v, ROBERT M, McKENDRICK, JR., CIVil ACTION - LAW IN DIVORCE Defendant AFFIOA VIr I, HOLL Y McKENDRICK, being duly sworn according to law, depose and state: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling, 2, I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3, Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court, 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 authorilies, Date: Lj lilllClJ ~<:dL~~ r A:J (:J ~ ~ tt ~~~:o __ . () 0 ~s 68g8 ~ 1)- , , I r-- :v o iP ~ir ~~~ , ~ o .... ,'-'~ ~ ~ m>~ :r. :;:1 ~~ ;g mi ~Ci ~ ~ C -0 :i'! f~-, ~ 2~ o ";1 .. ,.... -<:. (Jll ;t> o ~ HOLLY A, MCKENDRICK PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, 04-1797 CIVIL ACTION LAW ROBERT M. MCKENDRICK, JR DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, May 04, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S, Sunday, Esq. , the conciliator, at 39WestMainStreet,Mechanicsburg,PA 17055 on Wednesday,May26,2004 at 1:00 PM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order, All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The conrt hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Dawn S, Sunday, Esq, Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE mE OFFICE SET FORm BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,",p "'-:>~P$ ~nf ~ ,hc?:h'? '~p ~ '?? ~Y1I' ~u, ,hO-/75 ~ ~ rz ~>Y 4.7 'p? p(J /r.9 \-J\\'~1Ii1,'ST;~\, '?~,^,,"," \f r!'\'~-"''';!'>l\ IV 1I~!nr,rl ",} -," 1\..1..\"1 :-.I~' lId 11- k 'J\1 ~UUl S\:~ 1'\ ,,\Nl.ONO\1lpWJ~ ;},O 38\:BV'uJ .~ SEP n 3 2004 }:J HOLLY A, MCKENDRICK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, 04-1797 CNIL ACTION LAW ROBERT M, MCKENDRICK, JR. Defendant IN CUSTODY ORDER AND NOW, this l.!t.- day of September, 2004 , the conciliator, having received no request from counsel to reschedule the custody conciliation conference originally scheduled for May 26, 2004, hereby relinquishes jurisdiction, FOR THE COURT, ~c>Y<>, Dawn S, Sunday, Esquire 0 Custody Conciliator ~, C,' ~^: ,,-, r~ C':';:' "-- c/;) , o -'1 :;:! '-:, ~ j -r-.I " r"'::" ;rl[] ,---', ! ~':;~;; 1..0 ":"'J,. c') :,~~~ .J ~:': .-~.J -.,; "V a Johnson, Duffie, Stewart & Weidner By: Wade D. Manley LD. No. 87244 30 I Market Street p, 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Holly McKendrick HOllY A. McKENDRICK, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 04-1797 Civil Term ROBERT M. McKENDRICK, JR., Defendant/Respondent CIVil ACTION - LAW, IN DIVORCE/CUSTODY PETITION FOR EMERGENCY SPECIAL RELIEF PURSUANT TO PA.R,C,P, 1915,13 AND REQUEST FOR IMMEDIA TE HEARING AND NOW, Petitioner, Holly A. McKendrick, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, files this Petition for Emergency Special Relief and in support thereof avers as follows: 1. Petitioner is Holly A. McKendrick, hereinafter referred to as "MOTHER," currently resides at 217 Cockleys Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent is Robert M. McKendrick, hereinafter referred to as "FATHER," currently resides at 942 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, 3. On or about April 23, 2004, MOTHER filed a Complaint for Divorce against FATHER, which action is docketed to the above caption, 4. The parties are the natural parents of two (2) minor children: RYDER WilLIAM McKENDRICK, age 6 (DOB 06/16/1998); and GAGE MICHAEL McKENDRICK, age 5 (DOB: 04/05/2000) . 5, The parties executed a Custody Agreement on or about June 4, 2004. A true and correct copy of the Custody Agreement is attached, incorporated herein by reference, and marked as Exhibit A. 6. Since entering into the Custody Agreement, the FATHER has exhibited certain behaviors which the MOTHER believes requires the FATHER to receive appropriate treatment without having the responsibility for caring for the children. His destructive behavior has caused situations to arise that have adversely affected the children's physical and emotional well being for the fOllowing reasons: A. FATHER has a history of psychiatric problems and has been recently hospitalized after threatening to kill himself, The FATHER'S suicide threats have been in the children's presence, and it is presumed he was in posseSSion of a gun, B. On Friday, April 1, 2005, FATHER contacted MOTHER and advised her that FATHER did not know when he would see the children again, despite the fact that FATHER'S custodial period with the children was scheduled for later that afternoon, During the course of that same conversation FATHER alluded to suicide. When asked if he was alright by MOTHER, he answered no, C, later that afternoon, FATHER told MOTHER that his mother had contacted FATHER'S treating mental health professional, Jacob Thiessen, PhD, because she was concerned that FATHER had left with a gun, FATHER then informed MOTHER that Dr. Thiessen had contacted the local law enforcement authorities because he was concerned about FATHER'S safety. FATHER told MOTHER this information as FATHER was waiting outside of the children's daycare provider, presumably still in possession of the gun with which FATHER left the house with. 0, Throughout the past weekend, April 2 and 3, 2005, FATHER had several lengthy conversations with MOTHER continuing to re-iterate that he, "wished he had ended it all Friday," and that "Friday was a good day to die," This was during FATHER'S custodial period with the children. Despite MOTHER's attempts to divert this type of conversation, FATHER repeatedly made reference to suicide. E. On Sunday, April 3, 2005, FATHER was admitted to the psychiatric unit of Holy Spirit Hospital, however declined to provide details of his diagnosis or treatment FATHER told the MOTHER that he was discharged in the middle of the night MOTHER is concerned as to whether FATHER left against medical advice or whether FATHER has a discharge plan that will promptly address the severity of FATHER'S apparent distress. F. The following morning, April 4, 2005, FATHER again contacted MOTHER and again continued to make reference to suicide. G. Previously, In March 2004, FATHER made threats to kill himself, FATHER, at a date following his March 2004 threats, discussed with Dr. Thiessen his distress which causes him to express recurrent thoughts of ending his life, 7, Additionally, FATHER has made threats which the MOTHER believes poses a risk that FATHER will leave the Commonwealth with the children as: A Last Friday, April 1, 2005, FATHER contacted undersigned attorney for the MOTHER desiring to sign the documentation necessary to finalized his divorce from MOTHER FATHER'S request was urgent, despite the fact FATHER has had nearly a year to sign the necessary documentation. Later, FATHER told MOTHER that, had he been able to sign those documents, FATHER would have taken the children and left no way for MOTHER to contact him. 8, FATHER'S past and present history has caused a tremendous amount of disruption in the lives of the parties and more specifically, to the parties' children. 9. Because FATHER is apparently in so much distress that he is expressing recurrent thoughts of ending his life, MOTHER believes that it is important for FATHER to be able to receive appropriate treatment without having the responsibility for caring for the children. 10, Due to the recent events relating to FATHER'S mental health and threats to run away with the children, MOTHER seeks the suspension of FATHER'S visitation periods with the children until FATHER is able to provide written documentation from a licensed mental health professional which conclusively states FATHER is no longer a threat to himself and is capable of independently providing care and parental supervision for the children. 11. Additionally, due to the recent events relating to FATHER'S mental health and threats to run away with the children, MOTHER seeks an exparte hearing as this Court's earliest convenience the suspension of FATHER'S visitation periods with the children until FATHER is able to provide written documentation from a licensed mental health professional which conclusively states FATHER is no longer a threat to himself and is capable of independently providing care and parental supervision for the children, 12, William T. Tully, Esquire, is FATHER'S counsel of record in this matter pursuant to his acceptance of the divorce complaint. It is the understanding of the undersigned counsel that Mr. Tully may no longer be providing counsel to FATHER for reasons not expressed to undersigned counsel. Undersigned counsel notified Mr. Tully's office of this Mr. Tully has been informed via telephone that the instant Petition would be filed and he has received a faxed copy as evidenced by the attached Certificate of Service, WHEREFORE, MOTHER respectfully requests this Honorable Court to suspend the FATHER'S visitation periods as set forth the Custody Agreement until FATHER is able to provide written documentation from a mental health professional that FATHER is no longer experiencing suicidal ideation, does not present a danger to the children or himself and can provide an adequate, stable environment for the children. Respectfully submitted, :248032 13600-1 By: VERIFICA TION I, Holly McKendrick. do verify that the statements made in the foregoing Petition for Special Relief are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities, ~ /)(~Aj ~~ Holly end rick Dated: ";',f): ;?()O.s- CERTlFICA TE OF SERVICE AND NOW, this 5th day of April, 2005, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: William T, Tully, Esquire via US mail 3964 Lexington St., Suite B Harrisburg, PA 17109 via facsimile 717-651-9200 Robert McKendrick 942 Allenview Drive Mechanicsburg, Pennsylvania 17055 JOHNSON, DUFFIE STEWART & w ' EIDNER By: ~ 1) ,. -. Johnson, Duffie, Stewart & Weidner By: Wade D, Manley I.D. No, 87244 301 Market Street p, 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff HOllY A, McKENDRICK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 04-1797 CIVil TERM CIVil ACTION - LAW IN DIVORCE/CUSTODY Plaintiff v, ROBERT M. McKENDRICK, JR., Defendant CUSTODY AGREEMENT 1, Holly A, McKendrick, hereinafter referred to as "MOTHER," currently resides at 217 Cockleys Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, 2. Robert M. McKendrick, hereinafter referred to as "FATHER," currently resides at 6412 Carlisle Pike, lot #19, Mechanicsburg, Cumberland County, Pennsylvania 17050, 3, The parties are the natural parents of two (2) minor children: RYDER WilLIAM McKENDRICK, age 5 (DOB 06(16/1998); and GAGE MICHAEL McKENDRICK, age 4 (DOB: 04/05/2000), 4, The parties both desire to remain an active part of their sons lives and therefore shall share legal and physical custody of them, Shared legal custody shall be defined as the right to make major decisions regarding their sons' lives, including, but not limited to, educational, medical, religious and extracurricular decisions, Shared physical custody shall be defined as an arrangement whereby both parties are ensured of frequent and continuing contact with their children, 5. The parties agree that MOTHER shall have primary physical custody, 6, FATHER shall have partial physical custody for six (6) overnights during a standard two (2) week period beginning with an overnight on Monday of Week One and continuing with overnights on Wednesday, Friday, and Saturday nights of Week One; and Tuesday and Thursday nights of Week Two. Jo", Following the FATHER'S custodial overnight on Saturday of Week One, he shall return the children to MOTHER'S residence by 5:00 p.m. on the following Sunday, 7. Neither party shall remove the children from the Harrisburg area without first informing and obtaining the consent of the other party, Neither party shall unreasonably withhold their consent 8. All drop-ofts shall be at MOTHER'S house and all pick-ups shall be at MOTHER'S house or daycare, 9, To the best of each party's ability, they agree to keep the children away from any third party who is smoking, drinking to the point of intoxication or using illegal drugs, The parties also specifically agree that they will refrain from having overnight guests during custodial periods, 10. The parties intend that this Custody Agreement shall be made into an Order of Court, %'/~./)f Date ~~~ a 'tJi~/~ ..../ HolI ,." McKendrick ?~~ ' Robe., cKend' ' f-: //,/{.J9. j ~te , :229116 ~ ~ CJ\ % ~~ ?a- ::::::s S> '" ~ ------. "- '\l..) ~ ...... CXl. "* ~;'I ;:_:" ~.\';,!; t.f; ,', f~;_ c . ""-;;.- .;:~~ - ("> ~ o ~. r-.:> "'" -= <-'" ~ :;0 \ <.!' ':1 o -n ::r."'-' f~")P 4" Cf1 :.69 ,S~~> --0 ;;$. r:--? '~2-~~ ,-._1 '~ ~ - C> - ... HOllY A. MCKENDRICK, PLAINTIFF V. IN THE COURT OF C MMON PLEAS OF CUMBERLAND COU TY, PENNSYLVANIA ROBERT M. MCKENDRICK, JR., DEFENDANT AND NOW, this : 04-1797 CIVil TERM ORDER OF COURT ,1 . ''fL--. .- day of April, 2005, a he ring on the within petition for special relief shall be conducted in Courtroom Numbe 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 3:30 p.m., Wednes ay, April 13, 2005. Pending that hearing the custody order providing the father with eriods of temporary physical custody, IS SUSPENDED, Wade D. Manley, Esquire For Petitioner Robert M. McKendrick 942 Allenview Drive Mechanicsburg, PA 17055 :sal By the Court, <- . '<Si / A' ",," /,,4'1 ~./I Edgar B, Bayley, - Cort ?~o~;;zlL( (]"U COf! m;;Ll LuL .<.;/ !;/Q-5 ~ ., / -~ ./ ) ~ d;~i\ ~... -.7 .~.- -~t, -pC "7' :2 <-> ~ G.<' ~ .,0 \ <J' '"'" .... -- ~;\ :::t", ,.1.r:: -otf' 61, :1: ~:\~ ~,2(J ,?; (f\ ~ ;;; ...2. f';-? s:- -- HOLLY A MCKENDRICK, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, ROBERT M. MCKENDRICK, JR., DEFENDANT : 04-1797 CIVIL TERM AND NOW, this ORDER OF COURT Ul:t-- day of April, 2005, on the petition for special relief filed by Holly A McKendrick, IT IS ORDERED that the father's periods of temporary physical custody with Ryder William McKendrick, born June 16, 1998, and Gage Michael McKendrick, born AprilS, 2002, shall continue pursuant to the parties' current custody agreement but, during the next six months, all such periods of temporary physical custody shall be supervised by the father's mother. ---- .;/' . , " ( By t~';;rt, Edgar B, Bayley, J, v4ade D, Manley, Esquire For Petitioner :sal ~ LP[u ftt{s o t/ -/5 -{)5 \ ~eph D. Caraciolo, Esquire For Respondent ,,': 'F:J n i'J :? '13,1 111 ',U\< rnO] ',' ~ v" h.J. j J,AJv :f0 HOLLY A.McKENDRICK, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY,PENNSYLVANIA V. No. 04-1797 ROBERT M.MCKENDRICK,Jr., CIVIL ACTION—LAW Defendant. IN DIVORCE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Defendant, Robert M. McKendrick, Jr.,in the above captioned divorce matter and mark the docket accordingly. Respectfully S bmitted, FOREM C O,P.C. Date J ph D. Car'a&14ts#e torney ID No. 90919 12 Market Street, Sixth Floor Harrisburg,PA 17101 Telephone(71.7)236-9391 " -0 r-= rte-� �- C.5 HOLLY A. McKENDRICK, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No. 04-1797 ROBERT M. MCKENDRICK, Jr., CIVIL ACTION—LAW Defendant. IN DIVORCE ACCEPTANCE OF SERVICE 1, Joseph D. Caraciolo, Esquire, attorney for Defendant in the above-captioned matter, do \ hereby certify that on the date written below, I have accepted service of Plaintiff's Complaint in Divorce filed to the above-captioned term and number. Respectfully Submitted, Foreman & Caraciolo, P.C. 511 /2004 Date Jo ph D. Caraciolo squire orney ID No. 90919 LY 6'#2 Market Street, 6th Floor Harrisburg, PA 17101 Telephone (717) 236-9391 Facsimile (717) 236-6602 c rrj co p , --r .q ? —C Go HOLLY A. McKENDRICK, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No. 04-1797 ROBERT M. MCKENDRICK, Jr., CIVIL ACTION—LAW Defendant. IN DIVORCE =M rn DEFENDANT'S AFFIDAVIT OF CONSENT =o ca ? UNDER SECTION 3301(c)OF THE DIVORCE CODE ' 1. A complaint in Tivorce under Section 3301(c)of the Divorce Code was filed on April 23,2004. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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. 06113 D to obert ckefndfick,Jr. HOLLY A. McKENDRICK, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY,PENNSYLVANIA V. No. 04-1797 ROBERT M. MCKENDRICK, Jr., CIVIL ACTION—LAW Defendant. IN DIVORCE Loo <c� DEFENDANT'S WAIVER OF NOTICE OF INTENTION ? -' TO REQUEST ENTRY OF A DIVORCE DECREE y c° c- UNDER SECTION 3301(c)OF THE DIVORCE CODE i 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. 4. 1 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. OertMcKen Jr.D e HOLLY A. McKENDRICK, • IN THE COURT OF COMMON PLEAS OF Plaintiff, • CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 04-1797 ROBERT M. MCKENDRICK, Jr., : CIVIL ACTION—LAW Defendant. IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c)OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c)of the Divorce Code was filed on April 23,2004. 2. The marriage of the Plaintiff and the 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 after service of notice of intention to request entry of the decree. 4. 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. /4P-k-7/920j 3 lei_ _A . Date Holly olfcKendrick r �-� r-- — c a HOLLY A. McKENDRICK, • IN THE COURT OF COMMON PLEAS OF Plaintiff, • CUMBERLAND COUNTY, PENNSYLVANIA • v. • No. 04-1797 ROBERT M. MCKENDRICK, Jr., : CIVIL ACTION—LAW Defendant. : IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)OF THE DIVORCE CODE 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. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date Holly Mc endrick r— r ll;zF { G I Si 201f ji u 29 . , FEIifNSYL ?, COUNTY PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this ds---day of J4A/a , 2004 by and between HOLLY A. 217 Cockles Drive, Mechanics6ur Cumberland County, Pennsylvania, McKENDRICK, residing at 2 y g, ty hereinafter referred to as "WIFE," and ROBERT M. McKENDRICK, residing at 6412 Carlisle Pike, Lot #19, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "HUSBAND." WITNESSETH: WHEREAS, the parties were lawfully married on August 8, 2000, and separated on or about February 4, 2004; and WHEREAS, the parties are desirous of settling their existing property rights including an amicable equitable distribution, assignment and division of their property, which property is considered to be "marital property" as defined in the Divorce Code known as Act 26 of 1980, and amendments thereto enacted into law on February 12, 1988; and NOW THEREFORE, in consideration of the promises and the mutual understanding herein contained and for other good and valuable consideration, the parties, intending to be legally bound, agree as follows: 1. Separation. The parties shall hereinafter live separate and apart. Each shall be free from interference, authority, and control, direct and indirect, by the other as if he or she were single and unmarried. 2. Control of Agreement. The provisions of this Property Settlement Agreement shall govern all past, present, and/or future claims for alimony, support, counsel fees and costs, alimony pendente lite, equitable distribution, or other property rights, and all other claims which the WIFE or HUSBAND has or might have against the other except as set forth hereinafter. 3. Divorce. WIFE filed a Complaint in Divorce and Custody against HUSBAND on or about April 23, 2004, which action is docketed to No. 04-1797. The parties acknowledge that their marriage is irretrievably broken and that they have been separated since approximately February 4, 2004. At which time is allowable by law, in consideration of this Agreement, the parties agree to sign and promptly file any and all documents necessary to obtain a Divorce Decree, including but not limited to, Affidavits of Consent, Affidavits Waiving Marriage Counseling, and Waivers of Notice of Intent to Seek Divorce under §3301(c) of the Divorce Code. The parties intend that this Agreement shall be incorporated but not merged into any forthcoming Decree in Divorce, such that it shall survive as a separate, enforceable contract, which is not subject to modification unless otherwise indicated. 4. Employee, Pension and Retirement Benefits. WIFE is the owner of a Retirement Plan with her employer, Nationwide Insurance. The Retirement Plan has been valued at approximately $9,872.00, the marital portion of which has not been valued or estimated. WIFE is also owner of a 401(k) Retirement Plan. The value of the 401(k) Retirement Plan is approximately $12,000.00 upon which there is a $4,500.00 loan against which disbursement was used for the purchase of marital property assets and to pay off marital debt making the actual value of the 401(k) Retirement Plan $7,500.00, the marital portion of such Plan has not been valued or estimated. The parties agree that HUSBAND is entitled to fifty (50%) percent of the undetermined marital portion of these Retirement Plans but has waived all such entitlement to that undetermined marital portion. It is understood by the parties that the value and debts of both Retirement Plans shall remain the sole property of WIFE who shall also be responsible for any tax consequences, penalties, liabilities or other expenses. WIFE shall be entitled to retain these Retirement Plans as her sole and separate property, free and clear of any right, title, claim, and/or interest of HUSBAND. Any other retirement account in existence and not referenced in this Agreement shall be the sole and separate property of the participant spouse. 5. Firearms. HUSBAND is the owner of approximately forty (40) firearms as part of a gun collection. The marital portion of this gun collection has not been valued or estimated by the parties. The parties agree that WIFE is entitled to fifty (50%) percent of the marital portion of this gun collection. HUSBAND shall be entitled to retain his gun collection as his sole and separate property, free and clear of any right, title, claim and/or interest of WIFE. It is understood that HUSBAND is responsible for any tax consequences, penalties, liabilities, or other expenses including licenses and permits required under federal, state and/or local law. 6. Personal Property. The parties have reached a mutual agreement as to the division of their personal property, including the contents of their marital home. The personal property listed on Exhibit "A" attached hereto and incorporated herein by reference shall be distributed to WIFE. The personal property listed on Exhibit "B" attached hereto and incorporated herein by reference shall be distributed to HUSBAND. Neither party shall make any claim to any such items of marital property, or to the separate personal property of either party which is allocated for the possession or control of the other. Furthermore, each party agrees to waive any right, title and/or interest they may have to the property in the possession of the other. Should it become necessary, the parties each agree to sign upon request, any title or documents necessary to give effect to this paragraph. 7. Automobiles. A 2001 Mazda Protege is titled solely to WIFE and has a remaining debt of approximately $9,500.00. A 2000 Dodge Ram truck is titled solely to HUSBAND and has a remaining debt of approximately $19,975.00. Additionally, a 1969 Ford F100, a 1970 Ford F100, and a 1971 Ford F150 are titled solely to HUSBAND. It is understood by the parties that a portion of WIFE'S annual bonus went toward the purchase of one or all of the Ford trucks. Each party agrees to waive any right, title or interest he or she may have in the vehicles titled to the other, and promptly sign within ten (10) days of the other party's request, any and all documents necessary to effectuate the provisions of this paragraph. Any joint encumbrance in existence shall be the sole and separate responsibility of the person titled to those vehicles so encumbered, and that person shall indemnify and hold the other harmless with respect to any default on timely payments. The 1969, 1970 and 1971 Ford trucks are currently located on the property of WIFE'S mother, have not been operable for a considerable period of time and are generally accepted to be a nuisance as legally defined. It is understood by the parties that WIFE and WIFE'S mother desire those trucks to be removed from the property and HUSBAND agrees to abate the nuisance and remove those trucks from WIFE'S mother's property without delay. 8. Bank Accounts. The parties agree to the following distribution: WIFE shall retain her Commerce Bank Account#536633316. HUSBAND shall retain his Commerce Bank Account#536573074. HUSBAND shall retain his Commerce Bank Savings Account#616265479 Each party shall retain the above accounts as their sole and separate property, free and clear of any right, claim, title and/or interest of the other. It is understood that HUSBAND has relinquished possession of any means of accessing funds from Commerce Bank Account #536633316 and shall only use such account for the sole and limited purpose of depositing funds required under the Support Agreement entered into by the parties simultaneously with this Agreement. All other joint accounts in existence have been closed or distributed to the parties' mutual satisfaction. 9. Credit Card Debt. There is no marital credit card debt in existence, nor are there any credit cards in joint name. Any credit card debt in existence shall be the sole and separate responsibility of the person who incurred such debt, and that person shall indemnify and hold the other harmless with respect to any and all liability in connection with the same. 10. Miscellaneous Debt. Any debt not specifically listed in this Agreement shall be the sole and separate responsibility of the party who incurred it. 11. Life Insurance. Each party shall retain as their sole and separate property, any life insurance policies not specifically referenced herein, specifically including the cash surrender value, of which they are the owner as their sole and separate property, free and clear of any right, title, claim and/or interest of the other party. 12. Alimony Pendente Lite (APL) / Spousal Support / Alimony. There is not currently an Alimony Pendente Lite (APL) / Spousal Support / Alimony claim or Order in effect through Cumberland County or any other county within the Commonwealth of Pennsylvania. The parties agree that upon the entry of a Final Decree in Divorce and the entry into this Agreement, any such claims shall be terminated with prejudice to either party. 13. Health Insurance. Upon the entry of the Divorce Decree, following the entry into this Agreement, the health insurance coverage through WIFE'S employment currently for the benefit of HUSBAND shall be terminated and HUSBAND shall seek his own individual health insurance coverage at his sole expense. 14. Agreement Executed Voluntarily and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she respectively: A. Is fully and completely informed as to the facts relating to the subject matter of this Agreement, and as to the rights and liabilities of both parties; B. Enters into this Agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind; C. Has given careful and mature thought to the making of this Agreement; D. Has carefully read each provision of this Agreement; E. Acknowledges that there has been a full and fair financial disclosure by both parties, and fully and completely understands each provision of this Agreement. 15. Release of All Claims. Each party releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been or will be incurred. Moreover, neither party is relieved or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. 16. Holding Other Party Free and Harmless. HUSBAND hereby warrants to WIFE that he has not incurred and he hereby agrees that he will not hereafter incur any liability or obligation on which she is or may be liable. If any claim or action is brought attempting to hold WIFE liable for any such liability or obligation, HUSBAND shall, at his sole expense, defend WIFE against any such claim or action whether or not founded, and he shall hold her free and harmless therefrom. WIFE hereby warrants to HUSBAND that she has not incurred and she hereby agrees that she will not hereafter incur any liability or obligation on which he is or may be liable. If any claim or action is brought attempting to hold HUSBAND liable for any such liability or obligation, WIFE shall, at her sole expense, defend HUSBAND against any such claim or action whether or not founded, and she shall hold him free and harmless therefrom. 17. Additional Instruments. The parties shall, on demand, execute and deliver to the other, any document, and do or cause to be done, any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails, on demand, to comply with this provision, that party shall pay to the other, all attorney's fees, costs and other expenses reasonably incurred as a result of such failure. 18. Full Disclosure. The respective parties do hereby warrant, represent, and declare, and do acknowledge and agree that each is satisfied with the financial disclosures made from the other. The parties acknowledge that although within their right to request, no formal discovery was done in this case, and that they are satisfied with and cognizant of the wealth, income, real and/or personal property, whether jointly or individually titled, estate and assets of the other, and any further enumeration or statement thereof in this Agreement is hereby specifically waived. The parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and agrees for himself or herself that his or her heirs, personal representatives and assigns, that he or she will never at any time hereafter sue the other or his or her heirs, personal representatives or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full and proper disclosure, with the exception of disclosures that may have been fraudulently withheld. The parties specifically acknowledge that they have been advised by their individual counsel of their right to seek such discovery, however have elected to waive the same. Further, both parties waive their right to have the inventory or financial disclosure statement of the other attached hereto, and understand that this Agreement shall not be subject to modification by the Court. 19. Representation of the Parties. HUSBAND is represented by William T. Tully, Esquire, in connection with the negotiation and preparation of this Agreement. WIFE is represented by Johnson, Duffie, Stewart & Weidner in connection with the same. Each party has carefully read this Agreement and is completely aware not only of its contents but also of its legal effect. Each party acknowledges and accepts that this Agreement, in the circumstances, is fair and equitable, and that it is being entered into freely and voluntarily, 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 improper or illegal Agreement and/or Agreements. 20. Waiver of Rights to Other Party's Estate. Except as provided for herein, HUSBAND and WIFE each waive any and all right: A. To inherit any part of the estate of the other at his or her death, except as provided herein; B. To receive property from the estate of the other by bequest or devise except under a Will or Codicil dated subsequently to the effective date of this Agreement; C. To act as personal representative of the estate of the other on intestacy unless nominated by another party legally entitled to so act; D. To act as the personal representative under the Will of the other unless so nominated by a Will or Codicil dated subsequently to the effective date of this Agreement; E. To claim a family allowance in the estate of the other. 21. Containment of Entire Agreement Herein. This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties relating to the rights and liabilities arising out of their marriage. This Agreement contains the entire agreement of the parties. 22. Partial Invalidity. If any portion of this Agreement is held by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way. 23. Effect of Separation, Reconciliation, Cohabitation or Divorce Decree. The terms of this Agreement shall be incorporated, but not merged, into any Divorce Decree which may be entered with respect to the parties. This Agreement shall survive any such final judgment or Decree of Divorce. Both parties shall have all rights and enforcement under applicable law including the Pennsylvania Divorce Code. This Agreement shall also remain in full force and effect even if the parties effect a reconciliation, cohabitate as Husband and Wife, or attempt to effect a reconciliation. 24. Modification. This Agreement shall not be subject to modification except as in accordance with Pennsylvania law and with a writing between both parties evidencing their intent to modify the Agreement. 25. No Waiver of Default. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of 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. 26. Mutual Cooperation / Breach of Agreement. Each of the parties shall, on demand, execute and deliver to the other, any deeds, bills of sale, quit claims, assignments, consents, tax returns, and other documents and do or cause to be done any other acts or things as may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, or breaches the terms of this Agreement in any way, and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorney's fees, costs and expenses (including interest and travel costs, if applicable)which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the non-breaching party in protecting and enforcing his or her rights under this Agreement. 27. Bankruptcy. Each of the parties acknowledges and agrees that with respect to the liabilities each is required to assume and pay under the provisions of this Agreement, each has the ability to fulfill his or her respective obligations from income or property not reasonably necessary to be expended for such party's maintenance and support or for the maintenance and support of such party's dependents. Should either party file a Petition under Title XI of the United States Code, or should a petition be filed against either involuntarily, each party acknowledges and agrees that the obligations under the terms of this Agreement shall be satisfied in full and shall not be discharged in the bankruptcy. Furthermore, in the event a discharge is forthcoming, the discharge of the debtor party's obligations under this Agreement shall not result in a benefit to the debtor party that outweighs the detrimental consequence to the non-debtor party. 28. Law of Pennsylvania Applicable. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 29. Date of Agreement. The effective date of this Agreement shall be the date on which the last party executes the Agreement if the parties do not execute the Agreement on the same date. Otherwise, the effective date will be the date that both parties execute the Agreement if they execute on the same date. 30. Successors and Assigns. This Agreement, except as otherwise expressly provided herein, shall be binding on and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns and successors and interest of the parties. IN WITNESS WHEREOF, the parties hereby have hereunto set their hands and seals the date and year first above written. WITNESS: / Vit,2 S--/M Date HOLL A. McKENDRICK ifterVylekkeald,‘"4,-----„ GI 5- d - te 'OBERT . McK NDRIC :229122 COMMONWEALTH OF PENNSYLVANIA : / ss. COUNTY OF .n (y-/a,,tr On the v7kr day of J4-11/14441/ , 2004, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared HOLLY A. McKENDRICK known me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand an notarial seal the day and year first above written. commoiNwk,L ii ur PENNSYLVANIA "41; Notarial Seal Jay M.Zimmerman,Notary Pudic / ota blic Upper Allen Town Cumberland County My Commission Expires March 16,2014 j Member,Pr'r"µr4, ..,_ "-r,^Izt)nn.,f Notaries COMMONWEALTH OF PENNSYLVANIA ll ss. COUNTY OF Cokr,OC'T/ar • On the ..&> day of er , 2004, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared ROBERT M. McKENDRICK, known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand an notarial seal the day and year first above written. commoavripa. :Jr PENNSYLVANIA Notarial Seal .day M.Zimmerman,Notary Public Upper Allengi Cumberland County My Commiss ion res Mar162014 fr,11,pcfrie-a-MX14--- ta c .1em Noieries • DISTRIBUTION OF MARITAL PROPERTY TO WIFE,HOLLY A.McKENDRICK Sofa Dining Room Table&Chairs Loveseat Outdoor Furniture Pier 1 Table Camcorder Rattan Sofa Olympus Camera&Case Rattan Chair Tractor Rattan Ottoman Toro Lawn Mower 19"Television Washer 13"Television Dryer VCR Stand-up Freezer VCR/DVD Player Kirby Vacuum Steam Cleaner 13"Portable Television All Household Tools Two(2)Five-Drawer Dressers(Children's) Red Snow Shovel 42"Bath Cabinet Orange Snow Shovel Bookcase Antique Dresser located in gun room EXHIBIT A DISTRIBUTION OF MARITAL PROPERTY TO HUSBAND,ROBERT M.McKENDRICK,JR. Brown Couch Two(2)Wood Lamps in Master Bedroom Brown Futon One(1) Set of Dishware Dining Table Stereo Two(2) Chairs/Straw Power Sprayer Blue Chair Snow Blower 27"Television Small Crock Pot Five-drawer Dresser in Master Bedroom Two(2) Sets of Bedding for Children Two(2) Six-drawer Dressers located in Purple Tool Chest boys' room and dining room Carpentry and Construction Tools related to Blanket Chest Husband's employment Two(2)Gun Cabinets Green Snow Shovel Wood Lamp Black Snow Shovel EXHIBIT B HOLLY A. McKENDRICK . IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA VS. CIVIL DIVISION ROBERT M. McKENDRICK, Jr. : NO. 04-1797 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: , Transmit the record,together with the following information,to the court for entry of a di ` decree: for �.. 1. Ground for divorce: co Irretrievable breakdown under § (3301(c))and > : . (Strike out inapplicable section.) " 2. Date and manner of service of the complaint: -.; co Acceptance of Service dated May 1,2004 and filed September 11,2013 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 12/27/13 ;by defendant 9/11/13 (b)(1)Date of execution of the affidavit required by § 3301(d)of the Divorce Code: (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the respondent opposing party: 4. Related claims pending: Please incorporate without merging the attached Property Settlement Agreement of the parties into the Divorce Decree. 5. Complete either(a)or(b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: January 3, 2014 Date defendant's Waiver of Notice was filed with the Prothonotary: September 17, 2013 Attorney for ainf f endant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA HOLLY A. McKENDRICK • • V. ROBERT M. McKENDRICK, Jr. NO. 04-1797 DIVORCE DECREE AND NOW, G.. '0 , Z.o , it is ordered and decreed that HOLLY A. McKENDRICK , plaintiff, and ROBERT M. McKENDRICK, Jr. , 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.") Please, incorporate without merging the attached Marital Settlement Agreement of the parties into the Divorce Decree. By the Court, - 4 /1--\- d.• -� �� Atte.t: J. e Prothonotary (-7�U � am r r- t r°t 60 4 i io p f I\10'hce+-acpyrr ila4 o oatqautle,lolo, PC PICO led 44/