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HomeMy WebLinkAbout04-3254 vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OI/-J:1..5iJ CIVIL TERM BEVERLY ANNE HENDRY, PLAINTIFF JAMES DAVID HENDRY, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE I CUSTODY 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 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 at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DNISlON OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DNORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle P A 17013 (717) 249-3166 1-800-990-9108 , BEVERLY ANNE HENDRY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. . : NO.{)i{~jJ..{if CIVIL TERM JAMES DAVID HENDRY, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 330l(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, BEVERLY ANNE HENDRY, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.e., and makes the following consolidated complaint in divorce for divorce and custody. I. Plaintiff is BEVERLY ANNE HENDRY, an adult individual, who resides at 2200 Page Street, Camp Hill, Cumberland County, Pennsylvania, 170 II. The Plaintiff has resided in Cumberland County for over one (1) year, 2. Defendant is JAMES DAVID HENDRY, an adult individual, who resides at 1902 Market Street, Camp Hill, Cumberland County, Pennsylvania, 170 II. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on May 28, 1983. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors, WHEREFORE, Plaintiff, BEVERLY ANNE HENDRY, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. COUNT ill - REOUEST FOR CONFIRMATION OF CUSTODY UNDER SECTIONS 3104(a)(2) and 3323(b) OF THE DIVORCE CODE 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference thereto. 15. The parties are the parents of the following minor children who reside with the Defendant at this time: NAME AGE SEX DATE OF BIRTH ~RIN ROSE HENDRY SARAH ANN HENDRY 14 years Female September 29, 1989 13 years Female July 12, 1991 16. During the past five (5) years the children have resided with the parties and at the addresses herein indicated: WITH WHOM ADDRESS FROM I TO Plaintiff and Defendant 2200 Page Street Camp Hill P A 1998 to Present 17. Plaintiff has not participated in any other litigation concerning the children in this or any other state, 18. There are no other proceedings pending involving custody of the children in this or any other state, Dated: July;L, 2004 usan Kay Can i II Caunsel for Plainti PA I.D. # 64998 5021 East Trindle Road Suite JOO Mechanicsburg P A 17050 (717) 796-1930 VERIFICA nON The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief This verification is made subject to the penalties of 18 Pa. C.S.A ~4904 relating to unsworn falsification to authorities. DATED: 7 /~ /Olf I) P"/I. I], Q. B~HENDRY r' , ,=p "../~ \ r..- -....... 1J ~ ..r", >l, '"'- D0 ~ ~ d\ C -.,. ~\) ~ ( p L1 ><-. N <-J", \ '-^ ('0., V' C () C. " ~<. ~ ...-> C'-" = ...- <- c:: .-- I 0" o -n ---i ::r: f\1. :!J .- -'--jfTI ~C) ::-::'IC-':) :L ',! ~)E-) t-)f" 1) to-.'" (,) :.;~! .-< BEVERLY ANNE HENDRY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 04-3254 CIVIL ACTION LAW JAMES DAVID HENDRY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, July 13, 2004 , upon consideration of the attached Complaint, , the conciliator, at 10:30 AM it is hereby directed that parties and their respective counsel appear before Ilawn S. Sunday, Esq. at 39 West Main Street, Mecbanicsburg, PA 17055 on Monday, AUllust 09, 2004 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 court hereby directs the parties to furnish any and all existinl~ Protection from Abuse orders, Special Relief orders, and Custody orders to the couciliator 48 hours prior to scheduled hearinl!;. FOR THE COURT. By: /s/ Dawn S. .',undaJI, 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 infonnation 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 TIUS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 As~,ociation 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ ~ 4 ~ ~ Ar/. Elt. '~ ~ ~'P'~~' ~ nC1'f/c.. ~Pt:fr-~ ~-~ AC;>-D~ ViN\-r,ru ~,~\ i\lt, r':;,e-1 "If\lnt'{'-i ~~,":'~-..;':'~.'~";-,...,.t;f")~ l\..i ~ ;,-,-.. d, /: '!':V~i J 6c :f;!>!d C I lnr ~DDl Ad\liOi\IOH1OUd 3Hl ::10 j~)I:HO"'C1311:1 BEVERLY ANNE HENDRY, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERlAND COUNTY, : PENNSYLVANIA vs. : NO. 04-3254 CIVIL TERM JAMES DAVID HENDRY, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY ACCEPTANCE OF SERVICE TO THE PROTHONOTARY: 1 hereby accept service of the Complaint forNo-Fault Divorce Under Section 3301(c) of the Divorce Code, in the above matter. Respectfully submitted, Dated: 7/!f ( I ,2004 6';1~ v cL.' (I~~ S DAVID HENDRY, - ifendant r-..) c:::::> C:J ...- ,- c::: (.- j -n -\ -r r" m :-:~J c.) = BEVERLY ANNE HENDRY. PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04-3254 CIVIL TERM JAMES DAVID HENDRY, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY The Plaintiff (hereinafter sometimes referred to as "Mother") is BEVERLY ANNE HENDRY, who currently resides at 2200 Page Street, Cmnp Hill, Cumberland County, Pennsylvania, 17011. The Defendant (hereinafter sometimes referred to as "Father") is JAMES DAVID HENDRY, who currently resides at 1902 Market Street, Camp Hill, Cumberland County, Pennsylvania, 17011. . .stUN ROSE HENDRY (hereinafter sometimes referred to as "Erin"), born on September 2, 1989, and SARAH ANN HENDRY (hereinafter sometimes referred to as "Sarah"), born on July 12, 1991, are the subjects of this Stipulation for Agreed Order of Custody and are the natural children of the Plaintiff and Defendant. It is Plaintiff and Defendant's belief that it is in the best interests of their minor children to have a meaningful ongoing relationship with both her natural Mother and natural Father, provided the children are in a safe environment. WHEREFORE, Plaintiff, BEVERLY ANNE HEl'lDRY, and Defendant, JAMES DAVID HENDRY, have entered into a mutual agreement regarding the custody of their children and respectfully request this Honorable Court to enter the follmving Order: 1. Plaintiff and Defendant shall share Legal Custody (:!s defined in 23 Pa.C.S.A. Section 5302) of their minor children, ERIN ROSE HENDRY and SARAH ANN HENDRY. 2. All decisions affecting their daughters' growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their daughters, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Father and Mother, jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in their daughters' best interest. 3. Mother and Father agree to keep the other informed of the progress of their daughters' education and social adjustments. Mother and Father agree not to impair the other's right to shared legal or physical custody of their daughters. Mother and Father agree to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of their daughters. 4, While in the presence of their daughters, neither Mother nor Father shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other par,ent. It shall be the express duty of each parent to uphold the other parent as one whom their daughters should respect and love. 5. It shall be the obligation of each parent to make their daughters available to the other in accordance with the physical custody schedule and to encourage their daughters to participate in the plan hereby agreed and ordered. 6. Each parent shall have the duty to notifY the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 7, With regard to any emergency decisions which must be made, the parent with whom their daughters are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time, 8. Mother and Father shall be entitled to complete and! full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouragedl to attend school conferences and activities. Both Mother and Father's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. However, it will be the parent who initially information of and concerning the children to provide the other parent with copies of such information in a tiimely manner. 9. Neither Mother nor Father shall schedule activities or appointments for their daughters which would require their attendance or participation at said activity or appointment during a time when their daughters are scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10, Plaintiff and Defendant shall Share Physical Custody of their minor children, Erin Rose Hendry and Sarah Ann Hendry, according to the following schedule: A. Mother shall have the children beginning Monday morning, when there is no school or Monday after school through Wlldnesday morning. Father shall have the children Wednesday morning, when there is no school or Wednesday after school through Friday after school or Friday afternoon, when there is no school; B. Father and Mother shall alternate weekends, which shall begin Friday after school through Monday mornings; C, Father and Mother may each request two (2) non-consecutive or consecutive weeks of vacation with their children. Father and Mother shall make their vacation requests to each other in writing thirty (30) days prior to the time they are requesting their vacation. Should the parties each request the same time for their vacations, the party who made the first request shall receive that time requested; D. The parties shall alternate the following holidays. Father shall have the even numbered holidays and Mother the odd numbered holidays in the even numbered years. To alternate annually thereafter: 1) New Year's Eve and Day, (this holiday shall be determined by the year in which the New Year's Eve occurs); 2) Easter; 3) Memorial Day; 4) Labor Day; 5) Independence Day. E. Thanksgiving Day. Mother shall always have the Thanksgiving holiday to be able to take the children to St. Louis to visit with her family. Mother's Thanksgiving holiday shall begin Wednesday before Thanksgiving after the children are finished with school through Monday following the Thanksgiving weekend. F. Christmas. Father shall always have the Christmas holiday with the children beginning at 12:00 p.m. on Christmas Eve through December 26th, at 12:00 p.m. G. Father shall have his daughters on Father's Day and Mother shall have her daughters on Mother's Day; H. During all holidays and other special times of custody, visitation shall extend from 5:00 p.m. the evening before the special custody period through the morning after the last day of the special custody peJriod or until such times as Mother and Father can agree upon; I. Mother and Father shall share their daughters' vacation time during school equally (50/50); 1. The parties are encouraged to discuss and cooperate with each other when sharing and making requests for changes in periods of visitation. All permanent changes in periods of custody from those contained in this custody agreement shall be made in writing and signed by both parties; K. All holidays, vacations, and specially designated times for visitation with their daughters shall supersede the regularly scheduled visitation. 11. Mother and Father agree to contact each other in a timely manner to give each other "Right of First Refusal" for any time when they will not be with their daughters for more than four (4) hours, Such times shall include, but not be limited to, days their daughters are ill and unable to attend schooL any days their daughters are not scheduled to be in school, snow days, any time a parent is scheduled to be out of town, any time a parent will be attending another event and/or activity, etc. 12. Mother and Father agree to share transportation equally, with the party beginning their period of visitation being responsible to get their daughters. 14. Mother and Father agree to be responsible for any ordinary everyday expenses which occur during their individual custody periods with their daughters. 15. Mother and Father agree to equally (SO/50) share the responsibility for all of the children's clothing, activities and special events, and all other extraordinary expenses beyond ordinary everyday expenses, 16. The parent with physical custody of their daughters agrees to keep the other parent fully aware and informed of any successes, difficulti1es, activities, emergencies, etc., in which their daughters have become involved. 17. Mother and Father shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by both parents. DATED: gJ j{ . ,2004 ~R~ DATED: ~ ler I ,2004 ~w",~i JJ\ s DAVID HENDRY .-J ~ COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the I (Y day of J1th~()..& t- ' 2004, before me, a Notary Public, the undersigned officer, personally a~KAY CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified tlu~t she was personally present when BEVERLY ANNE HENDRY and JAMES DA VID HENDI~Y whose names are subscribed to the within Stipulation for Custody, executed the same, and that said persons acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. . aip~ ~Iblic My Commission Expires: [ Notanal Seal Gail P. Minnich, Nola1y Public Mechanicsburg Boro. Cumbe"end County My Commission Expires Dec. 9, 2006 Member. PBnr;sylvarlia As~.xbf:ion Of Notaries "., , ., c:, , '. ... i :~ C , , C. , ..;:~ -" "0 " -, -< .r=- AUG 1 8 2004 ~ BEVERLY ANNE HENDRY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA vs. 04-3254 CIVIL ACTION LAW JAMES DAVID HENDRY Defendant IN CUSTODY ORDER AND NOW, this 5th day of AUl!ust.2004 , the conciliator, being advised by plaintiff s counsel that all custody issues have been resolved by agreement between the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference sl:heduled for August 9, 2004, is cancelled. FOR THE COURT, tl--b_ofA' ) Dawn S. Sunday, Esquire 3 Custody Conciliator ~~ '_i;. 2nn' tt i0 f"1 JoY "~'\J L'I '" 'U- ~O i;ii I' : :: CUI/:. o \LI Aua 2 5 2004 f BEVERLY ANNE HENDRY, PLAINTIFF : IN THE COUln OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. : NO. 04-3254 CIVIL TERM JAMES DAVID HENDRY, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR CUSTODY ORDER OF COUR1: AND NOW, this .d.. ~ay of -JJ . On <;: f , 2004, upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, BEVERLY ANNE HENDRY, and Defendant, JAMES DAVID HENDRY, shall SHARE LEGAlL CUSTODY and Plaintiff, BEVERLY ANNE HENDRY and Defendant, JAMES DA vm HENDRY, shall SHARE PHYSICAL CUSTODY of their minor children, ERIN ROSE HENDRY and SARAH ANN HENDRY, in accordance with the language contained in the within Stipulation. BY THE COURT, J, >- 0 ~ ~ .. 1-, - ::::>s; ~~ - O2 ~ '~);;;;: P"':r :> ~~ .... 95:! '" ~5~ '::J C.!) <1:2 tc~ ::::. 'L1!f -=: Q-J 15 ..... ~ <= <::> c-.. ;J1 c ~ ~ r ..p -S'- tI ./-' v'l. J:h'( ~J G_ MARITAL PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT ;, Mrered ;"0 1m, JL d,y of i!. 'iff ~~ 2004, by "'" between BEVERLY ANNE HENDRY and JAMts DAVID HEN Y. RECITALS Wife's Birthday and Social Security Number: January 20, 1963 488-78-3483 Husband's Birthday and Social Security Number: November 3, 1960 492-70-9777 Date of Marriage: May 28, 1983 Place of Marriage: Saint Louis, MO Last Marital Residence: 2200 Page Street, Camp Hill, P A 17011 Date of Separation: June 1, 2004 Children: ERIN ROSE HENDRY, born on September 2, 1989 SARAH ANN HENDRY, born on July 12, 1991 Pending Court Proceedings: None Divorce Court of Common Pleas No. 04-3254 Civil Term of Cumberland County, Pennsylvania WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation: the ownership and equitable distribution of marital property; the past, present and future support, and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises 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, covenant and agree as follows: 1 PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. 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. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other at all times and at all locations, including but not limited to each party's place of work, nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her, WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof Neither party shall have any obligation to the other not expressly set forth herein, (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising, The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow'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 Pennsylvania, any state, commonwealth or territory of the United States, or any other country, It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. 2 (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree, This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended, As provided in Section 3105( c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Concurrently with the execution of this Agreement, the parties shall sign Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Wife shall be responsible for filing these documents and finalizing the divorce. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 3 ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Susan Kay Candiello, Esquire, for Wife, Husband has been apprised of his need for counsel and has waived his right to counsel. (please see Waiver of Right to Counsel attached hereto and made a part hereof at Exhibit "A".) The parties acknowledge that each has been advised of their right to obtain independent legal advice from counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable, The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. WAIVER OR 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 or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to custody shall be subject to modification by the Court upon a showing of changed circumstances. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEmS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. INTEGRATION 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, 4 ADDITIONAL INSTRUMENTS Wife and Husband covenant and agree that they will forthwith within a reasonable time, but not longer than sixty (60) days after demand is made by the other party, execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 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 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 the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein, SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. 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 party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to James David Hendry, at 1902 Market Street, Camp Hill, PA 17011, or such other address as Husband from time to time may designate in writing. Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Susan Kay Candiello, Esquire, at Law Firm of Susan Kay Candiello, P,C., 5021 East Trindle Road, Suite 100, Mechanicsburg PA 17050, or such other address as Wife from time to time may designate in writing. HEADINGS 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. 5 BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt reconciliation, This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out ofthis Agreement. TAX LIABILITY The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale of exchange of such property, Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue, which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 6 ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. ENFORCEMENT OF SUPPORT AND ALIMONY PROVISIONS The parties hereby agree that all of the support and alimony provisions contained in this Agreement (including both direct and indirect contributions to support and alimony, such as health care payments and the maintenance of health and/or life insurance) may be enforceable by an action in support in accordance with Pennsylvania Rules of Civil Procedure 1910,1 et seq. REMEDIES AND SANCTIONS In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court, ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all reasonable attorney's fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. EOUITABLE DISTRIBUTION 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have agreed upon a division of their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Within thirty (30) days of the execution of this Agreement, Husband shall be able to remove the property the parties have agreed shall be Husband's property. At that time the parties agree the property which is in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. At that time the parties will specifically waive, release, renounce and forever abandon any claims, which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. 7 2. VEHICLES With respect to the vehicles owned by one or both of the parties, the parties have agreed upon the following: A. The parties have agreed Wife shall keep the 1999 Ford Windstar, which is presently titled in both Husband and Wife's names. There are no loans on this vehicle. The parties agree to cooperate in signing the title to this vehicle into Wife's name alone. The 1999 Ford Windstar shall hereafter be the sole and exclusive property of Wife. Wife shall hereafter be solely responsible for all liens, loans, insurance payments, repairs and maintenance ofthis vehicle. B. The parties have agreed Husband shall keep the 1993 Volvo 850 GLT, which is presently titled in Husband's name alone. There are no loans for this vehicle. The 1993 Volvo 850 GLT shall hereafter be the sole and exclusive property of Husband. Husband shall hereafter be solely responsible for all liens, loans, insurance payments, repairs and maintenance of this vehicle, C. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof or within thirty (30) days of the execution date, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax- free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution date. 3. BANK ACCOUNTS Citizens Bank The parties presently have two (2) joint checking accounts with Citizens Banlc One account is used for everyday household bills. The other account is used to save money for their taxes, insurances, etc, The parties have agreed to maintain this accounts as joint accounts from which to make their joint and shared payments for the expenses for the marital residence, Husband's residence, the support of Wife and the support of the parties' minor daughters, during the time period they have agreed upon to enable Wife to complete her paralegal education, i.e, July, 2006 or until Wife is able to obtain gainful employment, but no later than January, 2007, Pennsylvania State Bank The parties each have their own individual savings accounts with Pennsylvania State Bank. Husband's savings account has approximately One Thousand Two Hundred Dollars and No Cents ($1,200.00). Wife's savings account has approximately Five Thousand Dollars and No Cents ($5,000.00). The parties have agreed Wife shall keep her savings account and Husband shall waive all right, title and interest in Wife's savings account. The parties have agreed Husband shall keep his savings account and Wife shall waive all right, title and interest in Husband's savings account. 8 The parties may at any time establish their own individual checking accounts. Husband and Wife agree they shall have no right, title or interest in each other's individual checking accounts, When Wife has completed her paralegal education, on or about July, 2006 and/or obtains gainful employment, no later than January, 2007, the parties agree to use the total of the monies in the Citizen's Bank joint accounts for the payment of bills for the marital residence and any additional monies not needed to pay bills for the marital residence shall be equally divided between the parties and they agree to execute any documents necessary to close the joint checking accounts with Citizen's Bank. 4. RETIREMENT INTERESTS CUMULUS MEDIA EMPLOYEE STOCK PURCHASE PLAN Husband has stocks purchased through him present employer valued at approximately Four Thousand Six Hundred Dollars and No Cents ($4,600.00). Husband shall receive stocks valued at approximately Two Thousand Six Hundred Dollars and No Cents ($2,600.00). Wife shall receive stocks valued at approximately Two Thousand Dollars and No Cents ($2,000.00). (The additional portion of these monies shall be given to Husband to compensate Husband for the additional monies in Wife's Roth IRA.) CUMULUS MEDIA RETIREMENT PLAN Husband has a retirement plan with his employer, Cumulus Media, Husband currently contributes One Percent (1%) of his income into this plan, The parties have agreed to equally divide (50/50) the value of this retirement account as of December 31,2004. Beginning January, 2005, Husband may continue to place one percent (1%) of his income into this retirement plan and these monies shall be his alone. Beginning January, 2005, Wife agrees to specifically release and waiver any and all interest, claim or right she may have in Husband's Cumulus retirement plan, After July, 2006 or January, 2007, at the latest, when Wife has completed her paralegal education and has obtained new employment, Husband may voluntarily choose to place any amount of his income into the Cumulus retirement plan and these funds shall continue to be his sole property. ROTH IRA'S The parties each have a Roth IRA in their individual names. Husband has a Roth IRA valued at approximately Three Thousand Nine Hundred Eighty-Four Dollars and No Cents ($3,984.00). Wife has a Roth IRA valued at approximately Four Thousand Seven Hundred Eighty Dollars and No Cents ($4,780.00). The parties have agreed each shall keep their individual Roth IRA and Husband and Wife shall each specifically release and waive any and all interest, claim or right they may have in each other's Roth IRA. CUMULUS 40I(k) Husband has a 401(k) account with Cumulus, in his name alone. The approximate value of this account is Eighteen Thousand Two Hundred Dollars and No Cents ($18,200,00). The parties have agreed this account shall be equally (50/50) divided between them. 9 AMERICAN FUNDS (ROLLOVER IRA) Husband has an account with American Funds in his name alone, The approximate value of this account is Ten Thousand Nine Hundred Dollars and No Cents ($10,900,00). The parties have agreed this account shall be equally (50150) divided between them, The parties agreed to execute in a timely manner all documents necessary to accomplish the division of retirement funds as stated in Section 4. Retirement Interests in the previous paragraphs. 5. MARITAL RESIDENCE Marital ResidenceNalue The parties have agreed Wife shall keep the marital residence. The parties have further agreed the approximate value of the marital residence is Two Hundred Twelve Thousand Dollars and No Cents ($212,000.00) as of the date of the execution of the Agreement. The present mortgage is approximately One Hundred Forty-Seven Thousand Dollars and No Cents ($147,000.00), as of the date of the execution of the Agreement. The equity in the marital residence is approximately Sixty to Seventy Thousand Dollars and No Cents ($60-70,000,00) as of the date of the execution of the Agreement. Marital ResidencelMaintenance The parties have agreed beginning the date of the execution of this agreement through July, 2006 or January, 2007, the parties shall utilize their joint bank accounts for all maintenance and repairs to the marital residence. Marital Residence/Income Tax Deductions The parties have agreed Husband shall have all of the deductions from the marital residence for income tax purposes for the time period from July, 2006 or until Wife is able to obtain gainful employment, but no later than January, 2007. After July, 2006 or January, 2007 at the latest, Wife shall have the ability to utilize the income tax deductions for the marital residence, The parties shall be free to enter into a joint mutual decision at all times after January, 2007, that Husband may continue to utilize all deductions from the marital residence for income tax purposes depending upon Wife's financial status, Marital ResidencelRefinancing When Wife is financially able she may refinance the marital residence into her name alone, removing Husband's name from the mortgage on the marital residence. Husband agrees when Wife is able to refinance the marital residence he will execute a deed transferring all of his right, title and interest in the marital residence to Wife. Marital Residencel Equity At such time as Wife is able to refinance the marital residence or should decide to sell the marital residence, Husband and Wife shall share equally (50150) the value in the marital residence remaining after all loan, taxes, liens, expenses and fees associated with the marital residence have been paid in full. If Wife has maintained the marital residence past the dates of July, 2006 or January, 2007 before refinancing or selIing the marital residence, any increase in value of the marital residence beyond those dates, shall be the exclusive property of Wife. 10 6. RESIDENCE OF HUSBAND Husband resides at 1902 Market Street, Camp Hill, Pennsylvania, 17011, Husband's rent and living expenses shall also be paid from the parties' joint bank accounts with Citizens' Bank through July, 2006 or January, 2007, or at such times as the parties agreed to close their joint bank accounts, 7. JOINT FINANCIAL BUDGET The parties presently have two (2) joint checking accounts with Citizens Bank. One account is used for everyday household bills. The other account is used to save money for their taxes, insurances, etc. The parties have agreed to maintain this accounts as joint accounts from which to make their joint and shared payments for the expenses for the marital residence and the support of their daughters and Wife, during the time period they have agreed upon to enable Wife to complete her paralegal education, i.e. July, 2006 or until Wife is able to obtain gainful employment, but no later than January, 2007. Beginning on September 1st, 2004 and each month thereafter on or before the last day of each month, Husband and Wife shall each continue to deposit their full incomes from their primary employment. This account shall be used to pay all of the parties living expenses and their children's expenses. Husband may keep any additional monies he is able to earn, apart from his biweekly income, as a result of his position as a radio personality for his own personal use. The parties have agreed all extraordinary expenses of One Hundred Dollars and No Cents ($100,00) or more which will be used by Husband or Wife for their individual personal expenditures to be paid for out of these joint bank accounts must be approved by the other party. The following bills shall be considered joint debt between Husband and Wife and shall be paid out of the parties' joint bank accounts with Citizens' Bank; 1) Mortgage on marital residence; 2) Rent for Husband's apartment; 3) Property Taxes for marital residence; 4) Home Insurance and Apartment Insurance; 5) Electricity for both home and apartment; 6) Water/Sewer/Garbage for both home and apartment; 7) Cable for both Husband and Wife; 8) Telephones for both Husband and Wife; 9) Oil/Gas and all other types of heating bills for home and apartment; 10) Repairs and Maintenance for both home and apartment; 11) Pest Control; 12) Food and other miscellaneous items, necessary to everyday living; 13) Entertainment; II 14) Clothing; 15) Medical, Dental, Vision, Orthodontia and Psychological expenses, which are not covered by the parties' medical insurance; 16) Vehicle expenses, gas, maintenance, repairs, insurance, etc; 17) Telephones, including Cell Phones. 8. JOINT DEBTS AND LIABILITIES The joint debt incurred during the marriage and unsatisfied at the time of the execution of this Agreement are the Mortgage on the Marital Residence (approximately) $ 147,000,00 The parties had some joint credit accounts, but these were all paid in full when they recently refinanced the marital residence. The parties have agreed to equally (50/50) divide any remaining joint debt. The parties have agreed to cancel and/or close all joint credit cards. Each party warrants to the other that he/she does not have any credit cards in joint names, Any obligations incurred by either party in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred, Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may incur in the future or has been previously incurred with respect to the parties' assumption of responsibility for the above identified mortgages, loans and debts as stated above. 9. LIFE INSURANCE Wife has no life insurance. Husband has a term life insurance policy through his employment. The parties have agrees Husband shall make the parties two (2) children the joint beneficiaries on this term life insurance policy with the Wife as the trustee for the children, 10. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have not been disclosed. 12 C. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including reasonable attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 11. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 12. SPOUSAL SUPPORT, ALIMONY Wife agrees she will not seek any additional alimony from Husband until July, 2006 or January, 2007, which ever shall come first when Wife is able to complete her paralegal education and obtain new employment. At this time Husband agrees to pay to Wife alimony for twenty- four (24) additional months. The amount of alimony paid to Wife shall be determined in accordance with the Pennsylvania Domestic Relations laws for spousal support in effect at the time, All alimony payments to Wife shall be taxable as income to Wife. These alimony payments to Wife shall terminate upon Wife's cohabitation as man and wife with another man, as defined by PA statutes and laws, and Wife's marriage. These alimony payments to Wife shall terminate upon the death of either Husband or Wife. 13. CHILDREN The parties plan to share Legal and Physical Custody of their two (2) minor children in accordance with the following guidelines: 1) The parties agree to share responsibility for the children. The parties agree to share schedule information regarding the children and work together to coordinate their schedules to provide the children with transportation for their activities. 2) The parties agree they will have discussion and cooperate with each other in making 13 any significant decisions concerning the children. They further agree neither party has the right or ability to make unilateral decisions concerning the children, which arise about the typical everyday decisions pertaining to the children. 3) Mother shall continue to be responsible for the medical insurance for the children until such time as this is no longer financially feasible and/or Mother does not have the ability through her employment to provide the medical insurance. 4) At such time as Mother completes her paralegal education and obtains new employment, which it is anticipated will be July, 2006 or at the latest January, 2007, resulting in the parties closing all joint bank accounts and no longer sharing the support of the entire family, Mother may file for child support through the Pennsylvania Domestic Relations Laws for child support in effect at that time. The parties shall continue to be free to negotiate their own terms of child support if they are able to mutually agree upon the terms of child support, 14. INCOME TAX RETURNS Husband and Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equally divided between them. The cost of preparing and handling any prior income tax return from the parties' married years shall be shared equally between them, Husband and Wife agree to promptly make available to each other all records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. 15. COUNSEL FEES AND EXPENSES The parties agree they shall share equally (50/50) the costs and expenses including counsel fees incurred in obtaining this divorce. Each of the parties has carefully read and fully considered this Agfeement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above, SutJ~CJJ.~ BEVERLY HENDRY WIFE 14 WITNESS COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the ~ day of !W~o + , 2004, before me, a Notary Public, the undersigned officer, personally appealoM SUSAN KAY CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when BEVERLY ANNE HENDRY and JAMES DAVID HENDRY whose names are subscribed to the within Marital Settlement Agreement, executed the same, and that said persons acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand a.nd official Seal. {;d p. ~:L Nolary Public ' My Commission Expires: [; G' Notariai's;;;----~ M ar! P. Minnich N . echanics,~],,;ri.1 PX(',. ',., olary Public M.-. , ~ -" "'-,UIT;f)9Ij'-, ; r- y '~,orrrry;"""i'^'n 1"' - - ~ rJ(, '....-ounty Menlt~-~"' f)':"I~~~.~,~~~~~;~L'~'(:'~:;,~~G;l'~~~~~:{~ 15 BEVERLY ANNE HENDRY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-3254 CIVIL TERM JAMES DAVID HENDRY, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE WAIVER OF RIGHT TO COUNSEL FOR MARITAL PROPERTY SETTLEMENT AGREEMENT I, JAMES DAVID HENDRY, do hereby acknowledge that I am the Husband in this divorce action, I have agreed to and executed the attached Marital Property Settlement Agreement voluntarily, I am not under any duress, nor were there any threats or promises made to me to coerce my execution of this Agreement. I fully understand my property rights as Husband in this divorce action are determined by this Marital Property Settlement Agreement. I agree to fulfill my responsibilities and obligations under this Marital Property Settlement Agreement. I have been advised of and do hereby waive my ri~.t ts to an attorney to re. present me on the issue of the Marif roperty Settlement Agreement.: \ W \ /' i( ~ Date: (( 2004 ,[ \~ )A.(y~ \ eMES DAVID HENDRY <-;:::: , -.-.., COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND IJ^.'~ On this, the L day of loll" t 2004, before me, a Notary Public, the undersigned officer, personally appeared SUSAN CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when JAMES DAVID HENDRY whose names are subscribed to the within Waiver of Right to Counsel, executed the same, and that said persons acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. o'f)((h~ ~J I' ,vA No Public ' My Commis . , EXHIBIT" A" . Notaiial Sea' i Gail P. M!nn;cll. Nella,,! Public I Mechanicsbu~~~ E~r.7.~' ~~.'.'.J~:~!I:;~:~.~Hld CO,unty 1 My Comrnlsslo,l Lx~,rc", ,-,l,y. 9, 2006 ME'mlw, Pent.;syl~:&r~:~/\~~:,,-':':~';;G);:;C-~Th'ot.1nes BEVERLY ANNE HENDRY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 04-3254 CIVIL TERM JAMES DAVID HENDRY, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 13, 2004. Defendant was served a true copy of this complaint on July 21, 2004. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the service of this Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 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 in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. / ,)'/10 104 DATE I.', j, ,--~' BEVERLY ANNE HENDRY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 04-3254 CIVIL TERM JAMES DAVID HENDRY, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 13, 2004. Defendant was served a true copy of this complaint on July 21, 2004. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the service of this Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 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 in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~ ~ ': nA~ lYl,L <-{~_ 1XMES DAVID HENDRY ,_./,/ ,-""" IJ-)}c /0"/ DATE' . I ~ I BEVERLY ANNE HENDRY, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-3254 CIVIL TERM JAMES DAVID HENDRY, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF 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! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. /,J l-17() / {J ~ DATE I . " 2n~~~ HENDRY U ' BEVERLY ANNE HENDRY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 04-3254 CIVIL TERM JAMES DAVID HENDRY, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF DIVORCE CODE I. 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! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary . I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1\ '., r \ \ "', C' /( .1,/"1 ~l~AI16 \<"~Nbri~ ..-.cL JA S DAVID HE Y '. [;r(1o I O~( DATE ~:::::::::.:--". --~-,'" . BEVERLY ANNE HENDRY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 04-3254 CIVIL TERM JAMES DAVID HENDRY, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR CUSTODY PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: I. Ground for divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of Complaint: The Defendant, James David Hendry, signed the Acceptance of Service on July 21th, 2004. Said Acceptance of Service was filed with the Cumberland County Prothonotary on July 26th, 2004. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) ofthe Divorce Code by: Plaintiff: December 20, 2004 Defendant: December 20, 2004 (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement ofthe parties: All claims (d) Please see the Marital Property Settlement Agreement which is being filed simultaneously with this Praecipe to Transmit Record and is to be incorporated but not merged into the Divorce Decree. 4. I certify that the Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of Divorce Code, as required by Rule 1920.42(e)(l), was executed on December 20, 2004 by the Plaintiff and on December 20, 2004 by the Defendant, and that these documents are being filed simultaneously with this Praecipe to Transmit Record. I further certify that all other documents required by Rule 1920.42 are enclosed herewith. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: December 20, 2004 .' C' (:Yv Susan Kay C , EsqUIre Counsel for laintifj PAI.D.#64 98 5021 East Trin e Road Suite 100 Mechanicsburg P A 17050 (717) 796-1930 ,.;'f :+: + :+: :+; :+: :+;:+: +:+;:+: + :+: :+: :+: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~+++:+::+::+::+:+++ +:+:+:+::+:+:+:+:+:+++ PiainLitl :+::+;++++++++:+::+:++:+:+++++++:+:+:+:++++:+:+:+:+++++:+:+++'f+:+:+:+::+:++:+:++:+:+'f:+:++:+:~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +++++++++:+:+++++++:+:+++~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PEN NA. Beve~iy Anne Hend~y No. 04-3254 Civii 7 e~m VERSUS Jame/' David Hend~y Detendant DECREE IN DIVORCE AND NOW, Y"'J"'''''7kc) 22 ;1/)0'1. IT IS ORDERED AND DECREED THAT Beve~iy Anne Hend~y , PLAINTIFF, AND lame/, David Hend~l/ , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; By THE COURT: ATTEST PROTHONOTARY ++++++++++++:+:+++++++++++:+:+++++ J. - ~.:p /9"'??I1t' ?""u:, ,/,>.2 ceo C'/ ~>>uc~? .<~ $- /rYl1/ ~-,P1) ),{7- re - c> /1'/ ~ /" --'p ~.., _ , ,. '. ()(lql-,,':A.(' RECEIVED JUN 07 'lfYi BEVERLY A. HENDRY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04-3254CIVIL TERM JAMES D. HENDRY, Defendant : CIVIL ACTION - LAW : ACTION FOR DIVORCE f CUSTODY OUALIFIED DOMESTIC RELATIONS ORDER I. Recitals 1. The parties to this action have entered into a Martial Settlement Agreement that has been incorporated into the Divorce decree dated December 22, 2004. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") 9 401 (a). The Court intends this Order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code 9 414 (P). The Court enters this QDRO pursuant to its authority under 23 Pa. C.SA 9 3502. II. Statements of Fact Pursuantto Code 9 414 (p) 3. This QDRO applies to the Cumulus Broadcasting, Inc. 401 (k) Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 4. James D. Hendry ("Participant") is a participant in the Plan. Beverly A. Hendry ("Alternate Payee") is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, social security number, and date of birth are: Name: Home Address: SSNo.: Date of Birth: James D. Hendry 6 Fargreen Road #1 Camp Hill, PA 17011 492- 70-9777 November 3,1960 Vi;',j\i/YLA"sr<f,fJd ur 'n~" ," ,." '''--IA'n'' I i:: \...\..) !' "".' ,~,. ."::(, ~i V Z t1 :OII,IV '11 f!f1f SOOZ AtJ\flONOHJOi:id 3H1 dO 381:1;10-031[::1 - 6. The Alternate Payee's name, mailing address, social security number, and date of birth are: Name: Home Address: Beverly A. Hendry 355 Beverly Road Camp Hill, P A 17011 488-78-3483 January 20,1963 SSNo.: Date of Birth: The Alternate Payee shall have the duty to notifY the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is the lesser of (1) the full vested balance of the Participant's account (excluding the balance of any outstanding loans) or (2) fifty percent (50%) of the balance of the account on the date the QDRO is ordered by the Court. The Administrator of the Plan shall pay over and deliver to Payee the lump sum payment of the amount described in the preceding sentence. The distribution may be completed as an eligible rollover distribution to an Alternate Payee spouse or former spouse. Such distribution shall be made as soon as administratively possible. The Alternate Payee's portion of the benefits described above shall be credited with any investment earnings or losses attributable thereto from the date the QDRO is ordered by the Court until the date of total distribution to the Alternate Payee. III. Recitals Pursuant to Code ~ 414 (p) (3) 8. The QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order that requires the Plan to pay to another alternate payee. IV. Time and Manner of Payment I I. If the Alternate Payee so elects, the Plan shall distribute the amount designated in paragraph 7 of this QDRO, as soon as administratively feasible, following the Plan administrator's approval of this Order. If the Plan does not permit an immediate distribution of this amount as an eligible rollover distribution or otherwise, the Plan shall pay such amount at the Participant's earliest retirement age as defined by Code ~ 414 (P) (4) (B), subject to the Alternate Payee's election. 12. Benefits are to be payable to the Alternate Payee in a lump sum cash payment which is intended to be a rollover into a similar administered by a different Plan Administrator. The Alternate Payee shall execute any form required by the Plan Administrator. 13. All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 14. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code ~ 414 (P), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 15. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this Order, the alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. 16. In the event that the Participant's benefits, or any portion thereof, become payable to the Participant as a result of termination, then the Alternate Payee shall be entitled to commence her benefits immediately in accordance with the terms of this QDRO and in accordance with the termination procedures of the Plan. 17. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 18. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. V. Procedure for Processing this QDRO 19. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. BY THE COURT: /)-/L ' {J/~f!c Juc(je .::rune. '1, 2.6 ~ S- CONSENT TO ORDER: <~ . Hendry, Defendant<- () r-> ~ c: ~ ~;"" ~:P "" 'e ~-c' ( n -?' ~ _" \'n '2' I i3~ '!J -1 l~~.\~ 71\ :r>' '5 ~i t~~:~ ::z: ':..,..(") .' rn '-P. 9 ,? ?D 2 - c:> .< RECEIVE;' ~U'N"~ 7 2DOS~ BEVERLY A. HENDRY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04-3254CIVIL TERM JAMES D. HENDRY, Defendant : CIVIL ACTION - LAW : ACTION FOR DIVORCE I CUSTODY OUALIFIED DOMESTIC RELATIONS ORDER I. Recitals 1. The parties to this action have entered into a Martial Settlement Agreement that has been incorporated into the Divorce decree dated December 22, 2004. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") S 401 (a). The Court intends this Order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code S 414 (P). The Court enters this QDRO pursuant to its authority under 23 Pa. C.S.A. S 3502. II. Statements of Fact Pursuant to Code ~ 414 (p) 3. This QDRO applies to the American Funds Rollover IRA ("IRA"). Further, this Order shall apply to any successor plan to the IRA. Any changes in IRA Administrator, IRA sponsor, or name of the IRA shall not affect Alternate Payee's rights as stipulated under this Order. 4. James D. Hendry ("Participant") is a participant in the IRA. Beverly A. Hendry ("Alternate Payee") is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, social security number, and date of birth are: SSNo.: Date of Birth: James D. Hendry 6 Fargreen Road #1 Camp Hill, PA 17011 492-70-9777 November 3, 1960 Name: Home Address: \ii{'!\//\I)S:r\!~l).~]d Ut ", ~,- ^'" "r-'fln~ , '!I" ,. , ~ "-, ,",' ; ,; '" '.." .~, .. I I ',-.. ',', 'IV l:: 11 :01 WV tll Nor snal A"J\J10I,nH"'''' :JHl ~o tJlt.l. 'lU ",t.VOQ "'" ~ 3:)l:l,IO--<J311:J - 6. The Alternate Payee's name, mailing address, social security number, and date of birth are: SSNo.: Date of Birth: Beverly A. Hendry 355 Beverly Road Camp Hill, P A 17011 488-78-3483 January 20,1963 Name: Home Address: The Alternate Payee shall have the duty to notify the IRA Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's IRA benefits payable to the Alternate Payee under this QDRO is the lesser of (1) the full vested balance of the Participant's account (excluding the balance of any outstanding loans) or (2) fifty percent (50%) of the balance of the account on the date the QDRO is ordered by the Court. The Administrator of the IRA shall pay over and deliver to Payee the lump sum payment of the amount described in the preceding sentence. The distribution may be completed as an eligible rollover distribution to an Alternate Payee spouse or former spouse. Such distribution shall be made as soon as administratively possible. The Alternate Payee's portion of the benefits described above shall be credited with any investment earnings or losses attributable thereto from the date of execution of the QDRO by the Court until the date of total distribution to the Alternate Payee. III. Recitals Pursuant to Code ~ 414 (p) (3) 8. The QDRO does not require the IRA to provide any type or form of benefit the IRA does not otherwise provide. 9. This QDRO does not require the IRA to provide increased benefits. 10. This QDRO does not require the IRA to pay any benefits which another order previously determined to be a qualified domestic relations order that requires the IRA to pay to another alternate payee. IV. Time and Manner of Payment II. If the Alternate Payee so elects, the IRA shall distribute the amount designated in paragraph 7 of this QDRO, as soon as administratively feasible, following the IRA administrator's approval of this Order. If the IRA does not permit an immediate distribution of this amount as an eligible rollover distribution or otherwise, the IRA shall pay such amount at the Participant's earliest retirement age as defined by Code ~ 414 (P) (4) (B), subject to the Alternate Payee's election. 12. Benefits are to be payable to the Alternate Payee in a lump sum cash payment which is intended to be a rollover into a similar administered by a different IRA Administrator. The Alternate Payee shall execute any form required by the IRA Administrator. 13. All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the IRA Administrator of such information as the IRA Administrator may reasonably require from such parties. 14. It is the intention of the parties that this QDRO continue to qualifY as a QDRO under Code ~ 414 (P), as it may be amended from time to time, and that the IRA Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 15. In the event that the IRA inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the IRA inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this Order, the alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. 16. In the event that the Participant's benefits, or any portion thereof, become payable to the Participant as a result of termination, then the Alternate Payee shall be entitled to commence her benefits immediately in accordance with the terms of this QDRO and in accordance with the termination procedures of the IRA. 17. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the IRA. 18. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. V. Procedure for Processing this QDRO 19. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. ---- .. BY THE COURT: . J ge fVlc. 9 l 2 oo~ CONSENT TO ORDER: <i:L4 ~. c- c :,:i -< r--> = ~c> <Or' <- c::: z ~ ~,:n flr- :g9 ~Q ;T') :!J \~7~ [5 -~ J> ~~ I -.l "'" :;:l: '? c:> -