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HomeMy WebLinkAbout05-1961IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEVIN P.KENDIG, * NO. US - /Q(o?UGI-TEIZ Plaintiff VS. CIVIL ACTION - LAW IN NANCY E. KENDIG, Defendant YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FO TH IN THE FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ARE WARNED THAT IF YOU FAIL TO SQ THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAY BE ENTERE AGAINST YOU BY THE COURT. A JUDGMENT MAY ALSO BE ENTERED AGAINST YOU FOR ANY OTHER CLAIM R RELIEF REQUESTED IN THESE PAPERS BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR O R RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR CHILDREN. WHEN THE GROUND FOR THE DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREA' OF THE MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS A AILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, 1 CO THOUSE SQUARE, CARLISLE, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S ES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO C IM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OU YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 244-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEVIN P. KENDIG, Plaintiff VS. NANCY E. KENDIG, Defendant NO. • CIVIL ACTION - LAW IN x 1. The Plaintiff is Kevin P. Kendig, who currently resides at 120 State Street, Y Adams County, Pennsylvania. 2. The Defendant is Nancy E. Kendig, who currently resides at 74 Kline Road, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 17, 1983, in Mongul, 5. The parties are the parents of two (2) minor children: Zachary P. Kendig, born on 1986; and Tiara N. Kendig, born on November 3, 1988. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. The parties have not entered into a written agreement as to alimony, counsel fees, Springs, 18, and property division. 9 Plaintiff has been advised that counseling is available and that he may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does the Court require the parties to participate in counseling prior to a Divorce Decree being issued 10. The cause of action and sections of the Divorce Code under which Plaintiff is (a) §3301(c). The marriage of the parties is irretrievably broken. (b) §3301(d). The marriage of the parties is irretrievably broken and, at the Plaintiff will file an affidavit stating that the parties have been living separate and apart for at years. 11. Plaintiff requests the Court to enter a Decree of Divorce. request that y the Court. ceeding is: riate time, t two (2) WHEREFORE, Plaintiff respectfully requests This Honorable Court to enter an Order the marriage between Plaintiff and Defendant. UNDER §3502(8) OF THE DIVORCE ODE 12. Paragraphs one (1) through eleven (11) are incorporated herein by reference as if full. 13. Plaintiff and Defendant have individually or jointly acquired real and personal the marriage in which they individually or jointly have legal or equitable interest, which marital forth in during is subject to equitable distribution. WHEREFORE, Plaintiff respectfully requests This Honorable Court to determine distribute, divide or assign said marital property pursuant to §3502(a) of the Divorce Code. Respectfully submitted, equitably WILEY, LENOX, COLGAN & MARZZArCO, P.C. Dated: y AJ lo' . Winnick, Esquire Church Street PA 17019 (717) 432-9666 I.D. # 78413 VERIFICATION 1, Kevin P. Kendig, verify that the statements made in this document are true and cort to the best of my knowledge, information, and belief. I understand that false statements herein are mtde subject to the penalties of 18 Pa. CS. §4904, relating to unsworn falsification to authorities. i c Date; Z`l2 - d? KEVIN P. KENDIG Plaintiff -sue. O W C C C `` r? (ti, <„ a ? `7 7 cu ' C) -? CO KEVIN P. KENDIG, * IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLANDCOUNTY PENNSYLVANIA VS. * NO. 05-1961 CIVIL TERM NANCY E. KENDIG, * CIVIL ACTION - LAW Defendant * IN DIVORCE AFFIDAVIT OF SERVICE I, Bradley A. Winnick, Esquire, being duly sworn, deposes and says that he is an adult and that she served a copy of a Complaint for Divorce upon Defendant, Nancy E. Kendig, at the Defendant's last known address as follows: Nancy E. Kendig, 74 Kline Road, Shippensburgl, PA 17257, by certified mail, return receipt requested, restricted delivery, on April 20, 2005, and the same was received by them on April 21, 2005. The Certified Mail Receipt, PS Form 3811 and United States Postal Service confirmation of delivery are attached hereto as exhibits and made a part hereof by reference thereto. Date: April 25, 2005 WILEY, LENOX, COLGAN & MARZZACjCO,PP.C. By: Ah/ Bre7ey . Winnick, Esquire `COMMONWEALTH OF PENNSYLVANIA :SS (COUNTY OF YORK 46 On this, the ? day of April, 2005, before me, a notary public, personally appeared Bradley A. WinniclZ Esquire, known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. ' n NOTARY PUB, C Notarial Seal My Commission Expires: S. Dawn Gladtelter, Notary Public Dilisburg Born, York County My Commission Expaos May 17, 2005 mwftr, Pennsylvania Association of Notaries ., .j ¦ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 470 E '?7d -3AiWenS6u(j, >? 1?,;?5-7 A, Signat/u?r? L X Agent by (P(nM)1ame) a rc. Me of Delivery D, Is deliv address different from Urn 1? 0 Yes If YES, ter delivery address below: 0 No 3. Servk YPe rtifled Mali 0 Registered 0 Ex ss Mail etum Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) es 2. Artlcle mber (rmns/er f mm serv(ce label) 7004 0750 0003 6351 9105 (rrans PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1590 CERTIFIED (Domestic man or a M Postage 4 M p C.r ifie i Fee U p Return Reciept Fee (Endorser4ant Required) Restricted Delivery Fee ur) (Eld(rseMmt Required) f? o Total Po$tage & Fees L$ S C3 r Z , 6 PostmaAc Ftere ) . I ww?EOSrares rosrar seavr?. Track & Confirm Cullen) 510.6 Track d CeMirm Yo..MerW 70N 0]50 0003 6351 9105 Frn .W ryrun. Yomnemwee ee an:eL Om on apil11, 0?p5m SHIPGENSBURf, PA PA 17257 . i 6FpnW4ru4a ? --- - .?_ 1 .c .1.n.-ITO. . Nolillcalbn Options y Tnck b e..- by amNl Ymula. vilR -_. ® n arun en P a a m ? . a a ... ro? r cepy,gmenNw uy nr eqx. .,xr a m r ux pnt yni4 EXHIBIT "A" c?n -n rn s' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Nancy E. Kendig, Civil Action -Law Plaintiff ) vs. ) No. 05 - 19? Kevin P. Kendig, 4L Defendant ) In Divorce a v.m. MOTION FOR APPOINTMENT OF MASTER claims: Nancy E. Kendig Plaintiff, moves the Court to appoint a master with respect to the following (X) Divorce (X) Distribution of Property ( ) Annulment O Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The Defendant has appeared in the action by his attorney, Bradley A. Winnick, Esquire. (3) The statutory ground for divorce is §3301(c) mutual consent. (4) The action is contested with respect to the following claims: Equitable Distribution, Divorce, Alimony, Alimony Pendente Lite, Counsel Fees and Costs and Expenses. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take One day. 2 (7) Additional information, if any, relevant to the motion: None. BARLEY SNYDER, LLC Date: _'2005 / Marth . walker, Esquire Attorney for Plaintiff I hereby certify that I have filed with the Prothonotary of Cumberland County under Pa. R.C.P. 1920.31, 1920.33, and Local Rule of Court 1920.51: (X) inventory and appraisement, and/or (X ) income and expense statement (X ) The non-moving party may be contacted by his attorney by mail and/or phone at (717) 249-2353. (X) Moving party has notified the non-moving party of the filing of this Motion by mailing a copy of the same i th United States mail, first class, postage prepaid, at Chambersburg, Pennsylvania on _'2005. Date: /St /s-:- J " / /J P tir ,. Martha B.?Walker, Esquire Attorney for Plaintiff 1511729 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN P. KENDIG, ) Civil Action - Law Plaintiff, ) vs. ) No. 05 - 1961 NANCY E. KENDIG, ) Defendant, ) In Divorce a v.m. INCOME AND EXPENSE STATEMENT OF DEFENDANT e0'WA%A1?d In the Court of Common Pleas oflin County, Pennsylvania Domestic Relations Y.O. Box 475, Chambersburg, PA 17201-0475 Phone: (717) 264-6144 Fax (717) 267-1224 Plaintiff Name: Nancy E. Kendig Defendant Name: Kevin P. Kendig Docket Number: PACSES Case Number: Other State ID Number: Please note- All conespondence must include the PACSES ('asc Number Income and Expense Statement THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or in part, you must also fill out the Supplemental Income Statement which appears on the last page of this income and expense statement.) INCOME STATEMENT OF: I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject to the criminal penalties of 18 Pa C.S. §4004, relating to unswom falsification to authorities. / SZ r fr_ Date Nancy E. K dig, C)019, cJaA.L INCOME: Employer: N?I ?([? 7CILZLL/?J? ?17L Address: 66V wj liern?a's?i1/P, l?C o2'7? `?.5 'Type of Work: a L1L?/E ??EJl2SfJLlG?G,: ?Pr ???k72?? c?U?¢ Payroll No.W.20? 7a?-_. Gross Pay per Period $ 14640.400 Pay Period (wkly., bi-wkly., etc.) &JALIV- Federal Withholding $ a(l <?.,3 Social Security qq $e7 Local Wage Tax State Income Tax $ ?y?? Retirement Savings Bonds Credit Union Life Insurance Health Insurance Other Deductions (specify) Net Pay per Pay Period $ Service Type M Form IN-008 Worker ID Income and Expense Statement PACSES Case Number: OTHER INCOME (Fill in Appropriate Column) WEEK MONTH YEAR Interest $ $ $ Dividends Pension Annuity Social Security Rents OU Royalties Expense Account Gifts Unemployment Compensation Workmen's Compensation IRS Refund Other ,?)/ n - - ? . 00 Other TOTAL $ $ $ TOTAL INCOME $ EXPENSES (Fill in Appropriate Column) - WEEK MONTH YEAR Home $ $ $ Mortgage/Rent Maintenance Utilities Electric Q Gas Oil Telephone Clothing 7 Service Type M Page 2 of 6 Form IN-008 Income and Expense Statement Worker ID 28204 Income and Expense Statement PACSES Case Number: EXPENSES (Fill in Appropriate Column) WEEK MONTH YEAR Water Sewer Employment Public Transportation Lunch Q Q Taxes Real Estate Personal Property Income Insurance Homeowners 0 00, 60 Automobile p90j04 4-,LS Life Accident Health Other Automobile Payments Fuel Q Repair s Qd Medical Doctor Dentist Q Orthodontist Hospital Service Type M Page 3 of 6 Income and Expense Statement Form IN-008 Worker 11) 28204 Income and Expense Statement PACSES Case Number: EXPENSES (Fill in Appropriate Column) WEEK MONTH YEAR Medicine Q Special needs (glasses, braces, orthopedic devices) Education Private School Parochial School College Religious Personal Clothing Food (t 1'757 GO Barber/Hairdresser t Credit Payments: Credit Card Charge Account Memberships /z{O. 0,0 Loans Credit Union Miscellaneous Household Help Child Care Papers/Book s/Magazines Entertainment Pay TV Vacation Service Type M Page 4 of 6 Income and Expense Statement Form IN-008 Worker II) 28204 Income and Expense Statement PACSES Case Number: EXPENSES (Fill in Appropriate Column) WEEK MONTH YEAR Gifts Legal Fees Charitable Contributions Other Child Support Alimony Payments Child Support Other TOTAL $ $ $ TOTAL EXPENSES $ PROPERTY DESCRIPTION VALUE OWNERSHIP OWNED H W J Checking Accounts Savings Accounts Credit Union Stocks/Bonds Real Estate Other TOTAL INSURANCE COMPANY POLICY # Coverage* H W C Hospital Blue Cross Other Medical Blue Shield Other H - Husband, W - Wife. C - Combined, J -Joint Service Type M Page 5 of 6 Form IN-008 Income and Expense Statement Worker 11) 28204 Income and Expense Statement PACSES Case Number: INSURANCE COMPANY POLICY # Coverage* H W C Health/Accident Disability Income Dental Other 'H - Husband, W - Wife, C - Combined, J - Joint Supplemental Income Statement a. This form is to be filed out by a person (1) who operates a business or practices a profession, or (2) who is a member of a partnership or joint venture, or (3) who is a shareholder in and is salaried by a closed corporation or similar entity. b. Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement c. Name of business: Address and telephone number: d. Nature of business (check one): (1) partnership (2) joint venture (3) profession (4) closed corporation (5) other e. Name of accountant, controller or other person in charge of financial records: f Annual income from business: (1) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: 4) Specified deductions, if any: Service Type M Page 6 of 6 Form IN-008 Income and Expense Statement Worker ID 28204 r -` `. 1 ?- _ ' C..1 C. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN P. KENDIG, ) Civil Action - Law Plaintiff, ) vs. ) No. 05 - 1961 NANCY E. KENDIG, ) Defendant, ) In Divorce a v.m. INVENTORY OF DEFENDANT Defendant files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this inventory are true and correct. Defendant understands that false statements herein are made subject to the penalties of 19 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Nancy E. endig, Defendant Date of Marriage: September 17, 1983 Date of Separation: April 22, 2004 ASSETS OF THE PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. ( X ) 1. Real property ( X 1 2. Motor vehicles ( X) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit ( X ) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( 1 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries ( ) 10. Annuities ( ) 11. Gifts ( 1 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( ) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( 1 16. Employment termination benefits - severance pay, worker's compensation claim/award ( X ) 17. Profit sharing plans 1514983 2 ( ) 18. Pension plans (indicate employee contribution and (late plan vests) ( X ) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. Military/V.A. benefits ( ) 23. Education benefits ( X ) 24. Debts due, including loans, mortgages held 1 X ) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other 1514983 3 MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item No. Description of Property Names of All Owners 1 . Real estate - 74 Kline Road Husband and Wife Shippensburg, PA 17257 ($480,000.00) 2. Orrstown Bank Stock Husband and Wife 132 shares ($5,808.00) 3. Farm machinery and equipment Husband and Wife 4. 1997 Chevy Truck Wife 5. 1989 Mercury Cougar Husband 6. 1986 Chevy Monte Carlo Wife 7. 2000 Harley-Davidson Sportster Wife 8. 1987 Chevy Truck Husband 9. 2001 Harley-Davidson 4-Glide Husband 10. Sheetz, Inc., Employee Stock Husband Ownership Plan ($4,356.00) 11. Checking account, M & T Bank Husband ($301.00) 12. Checking account, PNC Bank Wife ($188.00) 1514983 4 Item No. Description of Propertv Names of All Owners 14 Guns a. Remington Model 700 b. Remington Wingmaster 870 c. Remington 870 Express Magnum - 12 guage d. Remington Wingmaster 870 LN 20 guage e. Marlin EST 1870 - Model 336 f. AK - 47 semi-automatic g. Baretta pistol h. .22 pistol Husband Husband Husband Husband Husband Husband Husband Husband NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item No. Description of Property Names of All Owners 1514983 6 PROPERTY TRANSFERRED Person to Item Date of Whom No. Description of Property Transfer Consideration Transferred Guns a. Remington 223 N/A Son Sportman 78 b. Remington Model 700 N/A Son 7 mm C. Golden Eagle N/A Daughter Nikko Model 7000, 7 mm IS14g93 7 LIABILITIES Description Names of Names of Item No. of Property All Creditors All Debtors 1 . Mortgage F & M Trust Husband and Wife (78,721.93) 2. Home Equity Loan F & M Trust Husband and Wife (11,205.27) 3. Mortgage PHFA Husband and Wife (11,597.90) 4. 2004 Real Estate Taxes Cumberland County Husband and Wife (2,406.00) Tax Claim Bureau (paid by Wife) 5. Medical Bills Various Husband and Wife (1,570.00) (paid by Wife) 6. Real Estate Appraisal Ausherman Bros. Husband and Wife (800.00) (paid by Wife) 7. Local income tax and Husband and Wife tax preparation (paid by Wife) (250.00 + 45.00) 8. Graduation pictures Husband and Wife (98.00) (paid by Wife) 9. Class Ring Husband and Wife (114.00) (paid by Wife) 10. American General defic. balance trailer repo ssessed Husband and Wife ($2,686) 1514983 8 ?; ?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Nancy E. Kendig, VS. Kevin P. Kendig, Plaintiff ) Defendant ) Civil Action - Law No. 05 --19;12 /941 In Divorce a v.m. ORDER APPOINTING MASTER { AND NOW, %t U JU L 200'S, __ ? y) l /C167 Esquire is appointed Master with respect to the following claims: divorce, alimony, alimony pendente lite, distribution of property, counsel fees, costs and expenses. Moving Party Name: Nagcy E. Kendig Attorney's Name: artha B. Walker Attorney's Address: 247 Lincoln Way East Chambersburg, PA 17201 Attorney's Telephone #: (717) 264-6494 Attorney's E-Mail: mwalker@barley.com Name: Ke n P. Kendig Attorney's Name: radley A. Winnick Attorney's Address: 130 West Church Street Suite 100 Dillsburg, PA 17019 Attorney's Telephone #: (717) 432-9666 Attorney's E-Mail: Non-Movin% Party ?, ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN P. KENDIG, ) Civil Action - Law Plaintiff, ) VS. ) No. 05 - 1961 NANCY E. KENDIG, ) Defendant, ) In Divorce a v.m. NOTICE TO PLEAD To: Kevin P, Kendig You are hereby notified to file a written response to the attached Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. BARLEY SNYDER LLC By: .Q M ha B. Walker, Es uire Attorney I.D.# 15989 247 Lincoln Way East Chambersburg PA 17201 (717) 264-6494 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN P. KENDIG, ) Civil Action - Law Plaintiff, ) VS. ) No. 05 - 1961 NANCY E. KENDIG, ) Defendant, ) In Divorce a v.m. COUNTERCLAIM The Defendant, Nancy E. Kendig, makes the following counterclaim against the Plaintiff, Kevin P. Kendig. COUNT ONE DIVORCE 1. Defendant incorporates by reference the allegations contained in Paragraphs I through 13 inclusive of Plaintiffs Complaint, as fully as though set out at large herein. 2. In violation of his marriage vows and laws of the Commonwealth, the Plaintiff, Kevin P. Kendig, has offered such indignities to the person of the injured and innocent spouse, the Defendant, as to render her condition intolerable and life burdensome. WHEREFORE, Defendant respectfully requests your Honorable Court to enter a decree of divorce. COUNT TWO ALIMONY 3. Defendant incorporates by reference the allegations contained in Paragraphs I through 13 inclusive of Plaintiffs Complaint, as fully as though set out at large herein. 4. The Defendant is without sufficient property to provide for her reasonable needs, and is unable to adequately support herself through her employment. 5. The Defendant cannot support and maintain herself in the style she was maintaining prior to the separation of the Plaintiff and Defendant without continued financial assistance from the Plaintiff. 2 WHEREFORE, pursuant to Section 3701, et seq. of the Divorce Code, "Alimony" Defendant respectfully requests your Honorable Court to order Plaintiff to file within thirty days of service of this Counterclaim upon Plaintiff, a complete income and expense statement and to require the scheduling of a hearing to determine Defendant's entitlement to alimony, and if so, the amount. COUNT THREE ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES 6. Defendant incorporates by reference the allegations contained in Paragraphs 1 through 13 inclusive of Plaintiffs Complaint, as fully as though set out at large herein. 7. The Plaintiff has refused to enter into any reasonable and fair Property and Separation Agreement, and Defendant will incur substantial legal fees in that regard. 8. Furthermore, the resolution of the issues raised by this Counterclaim will require Defendant to incur considerable additional expenses and costs. 9. The Defendant is without sufficient means to adequately support herself and to meet the costs and expenses of this litigation and is unable to maintain herself during the pendency of this action. 10. The Plaintiff is presently employed with CLI Transport with a monthly income of approximately $4,394.00. 11. The Defendant is presently employed with the N & S Construction, Inc. of Kernersville, North Carolina, and has a net weekly take-home pay of approximately $332.14. WHEREFORE, pursuant to Section 3702, et. seq., of the Divorce Code, "AlimonyPendente Lite, Counsel Fees and Expenses", Defendant respectfully requests your Honorable Court to Order Plaintiff to file within thirty days of service of this Counterclaim upon Plaintiff, a complete income and expense statement, and to require the scheduling of a hearing to determine Defendant's entitlement to alimony pendente lite, counsel fees and expenses, and if so, the amount. 3 BARLEY SNYDER LLC By: r M a B. Walker, Esquire At rney LD.# 15989 247 Lincoln Way East Chambersburg PA 17201 (717) 264-6494 Attorney for Defendant I verify that the statements made in this Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. 4904, relating to unsworn falsification to authorities. Date: a Nancy E. K p ig, Defen laut 1513839 4 C?Q in KEVIN P. KENDIG, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * * VS. * NO. 05-1961 CIVIL TERM * * NANCY E. KENDIG, * CIVIL ACTION - LAW Defendant * IN DIVORCE WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: PLEASE withdraw my appearance as attorney of record for the Plaintiff, KEVIN P. KENDIG, at the above-captioned docket. Respectfully submitted by: Bradley A. Winnick, Esquire 130 W. Church Street Dillsburg, PA 17019 Dated: d d `/ oG PLEASE enter my appearance as my own attorney of record at the above-captioned docket. Respectfully submitted by: Kevin P. Kendig 120 State Street York Springs, PA 17372 Dated: 2 2 ! _G? MAY-31-2006 11:32 BARLEY SNYDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kevin P. Kendig, CIVIL ACTION • LAW Plaintiff, No. 05-1961 V. Nancy E. Kendig, Defendant, I IN DIVORCE a v.m. AFFIDAVIT OF CONSENT 717 264 1662 P.02i03 1. A Complaint in Divorce Under Section 3301(c) or 3301(d) of the Divorce Code was filed on April 18, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final Deeiee of Divorce after service of notice of intention to request entry of the Decree. WAIVER OF NOTI" nF INTENTION TO REO 1ii'CT ENTRY OF A DIVOYtC_ E DECREE UNDER833301(c) OF THE IVORCE 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. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: Kevilff Kendig, Plaintiff 1638508 C7 ?? cT ? d -n ' . IT ? + _ ;._ C ?3 rn s Q _ MAY-31-2006 11:32 BARLEY SNYDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kevin P. Kendig, CIVIL ACTION - LAW Plaintiff, No. 05-1961 V. Nancy E. Kendig, Defendant, IN DIVORCE a v.m. AFFIDAVIT OF CONSENT 717 264 1662 P.03i03 1. A Complaint in Divorce Under Section 3301(c) or 3301(d) of the Divorce Code was filed on April 18, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. 1 consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. Date: _ 3/ Duo Nancy E. K ig, Defend t 1636503 TOTAL P.03 n ° o c C=P -n r C`? I 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kevin P. Kendig, VS. Nancy E. Kendig, Plaintiff, ) Civil Action - Law No. 05-1961 Defendant, ) In Divorce a v.m. c?? u. PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE - - - K_ To the Prothonotary: Please withdraw the appearance of Barley Snyder LLC as counsel for the Defendant hvthe- above-captioned case and enter the appearance of Martha B. Walker, Esquire as counsel four the Defendant. BARLEY SNYDER LLC Date: ?7 ki ? O Date: / 619 L nn By: Lynh Y. Mac ride, Esquire Attorney for Defendant Attorney I.D. #53130 247 Lincoln Way East Chambersburg PA 17201 (717)264-6494 Ao?wj ve?'700???? artha B. Walker, Esquire Attorney for Defendant 1673123-1 KEVIN P. KENDIG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05 - 1961 CIVIL NANCY E. KENDIG, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 16 tA day of , 2006, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on May 31, 2006, the date set for a conference, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, Q.,, W?C Edgar B. Bayley, P.J. cc: 21cott A. Stein Attorney for Plaintiff . o .Xartha B. Walker J Attorney for Defendant h _C :-? „_ -?; .v? KEVIN P. KENDIG, Plaintiff VS. NANCY E. KENDIG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 1961 CIVIL IN DIVORCE THE MASTER: Today is Wednesday, May 31, 2006. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Kevin P. Kendig, and his counsel Scott A. Stein, and the Defendant, Nancy E. Kendig, and her counsel Martha B. Walker. The action was commenced by the filing of a complaint in divorce on April 18, 2005. The complaint in divorce raised grounds of irretrievable breakdown of the marriage and the economic claim of equitable distribution. With respect to grounds for divorce, counsel are going to provide the Master today with affidavits of consent and waivers of notice of intention to request entry of divorce decree which will be signed by the parties, dated today, and filed by the Master's office with the Prothonotary. On December 13, 2005, the Defendant filed a counterclaim raising the additional economic claims of alimony, alimony pendente lite, and counsel fees and expenses. Counsel have advised that after considerable 1 negotiations they are going to place an agreement on the record. The agreement as placed on the record will be considered the substantive agreement, subject only to changes based on typographical errors. It is specifically noted, however, that the agreement is going to be contingent on the Defendant obtaining financing and Defendant will have two weeks to secure financing. If the financing is not secured, then the parties will come back and renegotiate the agreement. It is specifically understood that if the financing is not able to be obtained, the agreement as stated on the record will be considered null and void. If the financing is obtained and the agreement goes forward as stated, as I previously noted, the agreement will be considered the substantive agreement of the parties, not subject to any changes or modifications except for typographical errors. The parties are going to return later today to review the agreement for typographical errors, make any corrections as required, and then sign affirming the terms of settlement as stated on the record. If the agreement is not to go forward because of the failure of wife to obtain financing, the Master will then simply destroy the agreement. However, if financing is obtained in accordance with the terms of the agreement, the Master will then consider the agreement valid and forward the agreement to the Court with an order requesting that the 2 Master's appointment be vacated and that the parties be entitled to obtain a divorce based on the filing of the affidavits and waivers. Ms. Walker. MS. WALKER: The parties' agreement is as follows: 1. The vehicles have been already equitably divided and titles exchanged. Those include a 1997 Chevy truck, a 1989 Mercury Cougar, a 1986 Monte Carlo, a 2000 Harley Davidson Sportster, a 2001 Harley Davidson Wide Glide, and a 1987 Chevy truck. 2. The parties' bank accounts have already been divided equitably. 3. Husband shall retain 132 shares of Orrstown Bank stock and his ESOP plan with Sheetz, Inc. 4. Husband shall be responsible for payment of debt due to Sovereign Bank and debts for past due phone bills. 5. Husband shall retain all of the guns listed on Page 2 and 3 of his pretrial statement. 6. The parties' children shall retain all of the guns listed on Page 5 of Plaintiff's pretrial statement. 7. Husband shall retain all of the personal property listed on Page 12 with the exception of the deacon bench which the wife shall retain. 8. Husband shall endorse over to the wife immediately upon receipt an approximate $300.00 for bill board advertising when it is received in June 2006. 9. The real estate at 74 Kline Road, Shippensburg, Pennsylvania, shall be transferred to the Defendant simultaneously with the wife's refinance of a first and second mortgage to the Farmers Merchants Trust Company and upon payment of $125,000.00 to the husband. 10. Any remaining farm machinery and equipment, personal property and items and/or livestock will remain the property of wife unless it has been specifically identified as earlier described in the husband's pretrial statement. 3 11. Wife shall pay any costs of refinance. 12. The parties shall submit their consents and waivers to the Court today; however, the divorce shall not be praeciped until the agreement is finally approved after the approval of the mortgage refinancing in two weeks. 13. Wife waives any further right to alimony effective with the date of the divorce decree, except that any existing alimony pendente lite arrearages shall continue to be paid through the Domestic Relations Office through husband's wage attachment by Domestic Relations until the said alimony pendente lite arrearages are paid in full. 14. The parties mutually waive any counsel fees and costs. 15. The debts reflected on Page 14 of the wife's pretrial statement, specifically, the PHFA mortgage, the 2004 real estate taxes, medical bills, the real estate appraisal cost, the local income tax, and the American General loan will continue to be the responsibility for payment of the wife. 16. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. STEIN: Mr. Kendig, have you heard the information related by Ms. Walker regarding the agreement of the parties? MR. KENDIG: Yes. MR. STEIN: Having heard that, do you agree and accept that as the agreement, along with the contingency 4 that gives her two weeks to obtain the financing? MR. KENDIG: Yes. MR. STEIN: Do you understand that if she is not able to obtain the financing within the two-week period that you will come back here and renegotiate a settlement and the settlement agreement that was just stated on the record here will be void? MR. KENDIG: Yes. MR. STEIN: Do you accept that? MR. KENDIG: Yes. MS. WALKER: Nancy, you are Defendant in this action and you have heard the settlement agreement that I dictated into the record? MS. KENDIG: Yes. MS. WALKER: Is this settlement agreement understandable to you? MS. KENDIG: Yes. MS. WALKER: Is this the settlement agreement that you want to have entered as an order of court? MS. KENDIG: Yes MS. WALKER: And you understand that this settlement agreement is contingent upon you obtaining mortgage refinancing and sufficient funds to pay Kevin $125,000.00 within two weeks of today's date? MS. KENDIG: Yes. 5 MS. WALKER: Do you also understand that if that is not accomplished, that we will be back here attempting to renegotiate another settlement? This agreement that we put on the record will be void? MS. KENDIG: Yes. MS. WALKER: And the possibility also still exists that if we cannot renegotiate another settlement, we will have a trial? MS. KENDIG: Yes. MS. WALKER: Now, understanding all of that, is that the court order you want the Master to enter today? MS. KENDIG: Yes, please. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be 6 imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: 'Scott A. tein Kevin P. Kendig Attorney for Plaintiff JB. W lker Nancy Kendig rney for Defendant 7 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 KEVIN KENDIG : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NANCY E. KENDIG, Defendant CIVIL ACTION - LAW NO. 2005-1961 IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: Irretrievable breakdown under Section 3301( c ) of the Divorce Code. 2. Date and manner of service of the Complaint: Complaint served on Nancy E. Kendig by Certified Mail, Restricted Delivery with return receipt on April 21, 2004 3. Date of execution of the plaintiffs affidavit required by Section 3301(c) of the Divorce Code: May 31, 2006 Date of service of plaintiffs affidavit on defendant: May 31, 2006 Date of execution of the defendant's affidavit required by Section 3301(c) of the Divorce Code: May 31, 2006 4. Related claims pending: None Date: Resttfully submitted, Scott A. Stein, squire C Q rT r ? (te ? .''" C? _ ?._ C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. KEVIN KENDIG, Plaintiff VERSUS NANCY E. KENDIG, Defendant DECREE IN DIVORCE AND NOW, O C?O?oQ t II , 100co, IT IS ORDERED AND No. 2005 -1961 DECREED THAT AND KEVIN KENDIG NANCY E. KENDIG ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, 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: PROTHONOTARY vr(I ?T f-, r7K *i .r ' 41( - V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kevin Kendig, : No. 2005-1961 Plaintiff Civil Action - Law VS. In Divorce Nancy E. Kendig, Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, having been granted a Final Decree in Divorce on the 27th day of October, 2006, hereby elects to resume the prior name of Nancy E. Kelso, and gives this written notice pursuant to the provisions of 54 P.S. Section 704. Date: ]'-)? (v Nancy E. dig Nancy E. Iso t- 1h ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA: :SS COUNTY OF CUMBERLAND On the fc? rV? day of December, 2006, before me, a Notary Public, personally appeared the above affiant Nancy E. Kendig requesting to resume the name of Nancy E. Kelso known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing document for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My Commission Expires: COMMONWEAL H OF PENNSYLVANIA NotwW Seal H. An" Adams, Notary Pub L- ShW-Gnsbur0 Born, Cun 9rWW Coun My Commtasbn ExPkm May 31, 2010 ' 4 j LAW OFFICES OF PETER J. RUSSO, P.C. 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorneys for Plaintiff KEVIN KENDIG : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NANCY E. KENDIG, NO. 2005-1961 Defendant IN DIVORCE PLAINTIFF'S PETITION TO ENFORCE DIVORCE SETTLEMENT AGREEMENT AND NOW comes the above named Defendant, by his attorney, Law Offices of Peter J. Russo, P.C., and petitions the court to enforce various terms of the Divorce Settlement Agreement between the parties dated May 31, 2006, based upon the following: 1. The Petitioner herein is the Plaintiff, Kevin Kendig, resides at 120 State Street, York Springs, Adams County, Pennsylvania. 2. The Respondent herein is the Defendant, Nancy Kelso (formerly Kendig), who resides at 74 Kline Road, Shippensburg, Cumberland County, Pennsylvania. 3. The parties hereto are formerly husband and wife and were divorced by a final decree entered by the court on October 27, 2006. 4. On May 31, 2006 the parties entered into a Divorce Settlement Agreement at a conference before the Divorce Master. A copy of the agreement is attached hereto and marked as Exhibit A (hereinafter the "Agreement") 5. The Respondent has failed to perform some of her obligations under the Agreement. Specifically: A. Paragraph 3, on page 3 of the Agreement grants Husband/Petitioner all rights to the Orrstown Bank Stock. The original stock certificates remain in the possession of Respondent/Wife who has failed to surrender them to Petitioner in order to allow the bank to convert them to his name only or to redeem them. B. Paragraph 5, on page 3 of the Agreement grants Petitioner/Husband all rights to the guns listed on page 2 and 3 of his pretrial statement. Respondent/Wife has refused to turnover the guns listed having turned over only five (5) of the ten guns listed on the list despite repeated requests by Petitioner that she do so. C. Paragraph 15, page 4 requires Respondent to payoff an American General Finance loan which was for a repossessed trailer in the amount of $2686.00. Respondent/Wife has failed to satisfy her obligations of paying of the loan which continues to remain outstanding and negatively affect the credit history of Petitioner. 6. Respondent's failure to uphold her obligations under the parties' agreement has caused the value of the settlement to be decreased and has affected his credit rating and financial status as the debt is now in collections and remains outstanding has caused Petitioner financial and legal prejudice. WHEREFORE, Petitioner prays this Court to take whatever actions are reasonably required, including the entry of judgment against Respondent, the use of the court's contempt powers, or any other remedy that is equitable and just to enforce Petitioner's rights under the Agreement. Respectfully submitted, LAW OFFICES OF PETER J. RUSSO, P.C. By: et Ao, Esquire Supreme Court ID #72897 Scott A. Stein, Esquire Supreme Court ID # 81738 Elizabeth Saylor, Esquire Supreme Court ID #200139 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorneys for Petitioner VERIFICATION I, Kevin Kendig, Petitioner, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. AO' Date: ,? .. /#r.. Kevin Kendig KEVIN P. KENDIG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05 - 1961 CIVIL NANCY E. KENDIG, Defendant IN DIVORCE THE MASTER: Today is Wednesday, May 31, 2006. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Kevin P. Kendig, and his counsel Scott A. Stein, and the Defendant, Nancy E. Kendig, and her counsel Martha B. Walker. The action was commenced by the filing of a complaint in divorce on April 18, 2005. The complaint in divorce raised grounds of irretrievable breakdown of the marriage and the economic claim of equitable distribution. With respect to grounds for divorce, counsel are going to provide the Master today with affidavits of consent and waivers of notice of intention to request entry of divorce decree which will be signed by the parties, dated today, and filed by the Master's office with the Prothonotary. On December 13, 2005, the Defendant filed a counterclaim raising the additional economic claims of alimony, alimony pendente lite, and counsel fees and expenses. Counsel have advised that after considerable 1 negotiations they are going to place an agreement on the record. The agreement as placed on the record will be considered the substantive agreement, subject only to changes based on typographical errors. It is specifically noted, however, that the agreement is going to be contingent on the Defendant obtaining financing and Defendant will have two weeks to secure financing. If the financing is not secured, then the parties will come back and renegotiate the agreement. It is specifically understood that if the financing is not able to be obtained, the agreement as stated on the record will be considered null and void. If the financing is obtained and the agreement goes forward as stated, as I previously noted, the agreement will be considered the substantive agreement of the parties, not subject to any changes or modifications except for typographical errors. The parties are going to return later today to review the agreement for typographical errors, make any corrections as required, and then sign affirming the terms of settlement as stated on the record. If the agreement is not to go forward because of the failure of wife to obtain financing, the Master will then simply destroy.the agreement. However, if financing is obtained in accordance with the terms of the agreement, the Master will then consider the agreement valid and forward the agreement to the Court with an order requesting that the 2 Master's appointment be vacated and that the parties be entitled to obtain a divorce based on the filing of the affidavits and waivers. Ms. Walker. MS. WALKER: The parties' agreement is as follows: 1. The vehicles have been already equitably divided and titles exchanged. Those include a 1997 Chevy truck, a 1989 Mercury Cougar, a 1986 Monte Carlo, a 2000 Harley Davidson Sportster, a 2001 Harley Davidson Wide Glide, and a 1987 Chevy truck. 2. The parties' bank accounts have already been divided equitably. 3. Husband shall retain 132 shares of Orrstown Bank stock and his ESOP plan with Sheetz, Inc. 4. Husband shall be responsible for payment of debt due to Sovereign Bank and debts for past due phone bills. 5. Husband shall retain all of the guns listed on Page 2 and 3 of his pretrial statement. 6. The parties' children shall retain all of the guns listed on Page 5 of Plaintiff's pretrial statement. 7. Husband shall retain all of the personal property listed on Page 12 with the exception of the deacon bench which the wife shall retain. 8. Husband shall endorse over to the wife immediately upon receipt an approximate $300.00 for bill board advertising when it is received in June 2006. 9. The real estate at 74 Kline Road, Shippensburg, Pennsylvania, shall be transferred to the Defendant simultaneously with the wife's refinance of a first and second mortgage to the Farmers Merchants Trust Company and upon payment of $125,000.00 to the husband. 10. Any remaining farm machinery and equipment, personal property and items and/or livestock will remain the property of wife unless it has been specifically identified as earlier described in the husband's pretrial statement.. 3 11. Wife shall pay any costs of refinance. 12. The parties shall submit their consents and waivers to the Court today; however, the divorce shall not be praeciped until the agreement is finally approved after the approval of the mortgage refinancing in two weeks. 13. Wife waives any further right to alimony effective with the date of the divorce decree, except that any existing alimony pendente lite arrearages shall continue to be paid through the Domestic Relations Office through husband's wage attachment by Domestic Relations until the said alimony pendente lite arrearages are paid in full. 14. The parties mutually waive any counsel fees and costs. 15. The debts reflected on Page 14 of the wife's pretrial statement, specifically, the PHFA mortgage, the 2004 real estate taxes, medical bills, the real estate appraisal cost, the local income tax, and the American General loan will continue to be the responsibility for payment of the wife. 16. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. STEIN: Mr. Kendig, have you heard the information related by Ms. Walker regarding the agreement of the parties? MR. KENDIG: Yes. MR. STEIN: Having heard that, do you agree and accept that as the agreement, along with the contingency 4 that gives her two weeks to obtain the financing? MR. KENDIG: Yes. MR. STEIN: Do you understand that if she is not able to obtain the financing within the two-week period that you will come back here and renegotiate a settlement and the settlement agreement that was just stated on the record here will be void? MR. KENDIG: Yes. MR. STEIN: Do you accept that? MR. KENDIG: Yes. MS. WALKER: Nancy, you are Defendant in this action and you have heard the settlement agreement that I dictated into the record? MS. KENDIG: Yes. MS. WALKER: Is this settlement agreement understandable to you? MS. KENDIG: Yes. MS. WALKER: Is this the settlement agreement that you want to have entered as an order of court? MS. KENDIG: Yes MS. WALKER: And you understand that this settlement agreement is contingent upon you obtaining mortgage refinancing and sufficient funds to pay Kevin $125,000.00 within two weeks of today's date? MS. KENDIG: Yes. 5 MS. WALKER: Do you also understand that if that is not accomplished, that we will be back here attempting to renegotiate another settlement? This agreement that we put on the record will be void? MS. KENDIG: Yes. MS. WALKER: And the possibility also still exists that if we cannot renegotiate another settlement, we will have a trial? MS. KENDIG: Yes. MS. WALKER: Now, understanding all of that, is that the court order you want the Master to enter today? MS. KENDIG: Yes, please. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be 6 imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: w cott A. Stei - IC'e'vin P, endig Attorney for Plaintiff M tha B. Walker ancy Kend g A torney for Defendant 7 C'? ? d ? - - ? ._., f?? t r 4 ? {'t1 T7 ? t ?? .... -, T `?..?ie' gq f` ? ?' loo Y «? v.j __a y f 6..: ? r ?. LAW OFFICES OF PETER I RUSSO, P.C. BY: PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F:(717)591-1756 prusso@pjrlaw.com Attorneys for Plaintiff KEVINKENDIG : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NANCY E. KENDIG, NO. 2005-1%1 Defendant IN DIVORCE ADDENDUM TO PETITION TO ENFORCE DIVORCE SETTLEMENT AGREEMENT AND NOW COMES the above-named Plaintiff by and through his attorney Peter J. Russo, Esquire and in compliance with local rules files the attached Addendum to his Petition to Enforce Divorce Settlement Agreement: 1. Pursuant to Cumberland County Local Rule 208.3(a)(2), it is the assertion of undersigned counsel that the following matters have been adjudicated by a Judge: a. 7/12/05 - Final Order of Court (Protection from Abuse) by the Honorable Edward E. Guido; b. 10/17/05 -Interim Order of Court (Domestic Relations -Support) by the Honorable Kevin A. Hess; c. 12/8/05 - Order Appointing Master by the Honorable Edgar B. Bayley; d. 9/18/06 - Order of Court (Divorce) by the Honorable Edgar B. Bayley: e. 10/27/06 - Decree in Divorce by the Honorable M.L. Ebert, Jr.; f. 3/15/07 - Order of Court (Support) by the Honorable M.L. Ebert, Jr. 2. Pursuant to Cumberland County Local Rule 208.3(a)(9), after consulting with a opposing counsel and requesting her concurrence or non-concurrence with Plaintiff's filing of this petition, it is the assertion of undersigned counsel that Defendant, by and through her counsel, Martha Walker did not concur with the filing of this Petition to Enforce Divorce Settlement Agreement. The ices sso, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72897 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Attorney for Defendants Date: October 18, 2007 LAW OFFICES OF PETER J. RUSSO, P.C. BY: PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F:(717)591-1756 pnasso@pjrlaw.com KEVIN KENDIG Plaintiff V. NANCY E. KENDIG, ; Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-1%1 IN DIVORCE CERTIFICATE OF SERVICE I, Ashley R. Sipe, hereby certify that I am on this day serving a copy of the foregoing Addendum to Petition to Set Aside Sheriffs Sale upon the person and in the manner indicated below: First Class Mail addressed as follows: Martha Walker, Esquire 33 South Main Street Chambersburg, PA 17201 Ashley "ipe, Par gal Date: October 18, 2007 C=) 0 C:D ?,;,. Fi; 21 Y 4 KEVIN KENDIG, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-1961 CIVIL NANCY E. KENDIG, DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 2nd day of November, 2007, upon consideration of the Petition to Enforce Divorce Settlement Agreement filed by the Plaintiff, IT IS HERBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested by the Plaintiff should not be granted; 2. The Defendant shall file an Answer to the Rule on or before November 21, 2007; 3. The Prothonotary is directed to forward said Answer to this Court; 4. A hearing on this matter will be held on Friday, January 11, 2008, at 11:00 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, X-4? L. Ebert, Jr., Peter J. Russo, Esquire Attorney for Plaintiff O? Martha B. Walker, Esquire 1 /0/v7 Attorney for Defendant bas J. _i0 ;6 I ?a - t?:`.u I Line(, A?`w ? •1`ti? ?,.- as a_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kevin Kendig Civil Action - Law Plaintiff, VS. No: 2005-1961 Nancy E. Kendig, now known as Nancy E. Kelso, Defendant, Action in Divorce DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION TO ENFORCE DIVORCE SETTLEMENT AGREEMENT AND NOW, comes Respondent, Nancy E. Kendig (now known as Nancy E. Kelso), by and through her attorney, Martha B. Walker, Esquire and respectfully answers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. (a) Denied. Petitioner, in fact, has made no effort to convert said stock certificates into his name alone. The stock certificates have been at the Orrstown Bank's main office in Shippensburg for some time awaiting Petitioner's signature. (b) Denied. To correct the record, there are only nine guns listed on Pages 2 and 3 of Petitioner's Pre-Trial Statement. Each gun will be addressed as per the number assigned to them on Pages 2 and 3 of Petitioner's Pre-Trial Statement. The explanation is as follows: ? #14 - This gun was delivered to Petitioner by Respondent on March 15, 2007 at a Support Appeal hearing held between the parties in Cumberland County. ? # 15 - Petitioner obtained from his son, Matthew, on January 7, 2007 when he was at the prior marital residence to obtain his personal property. ? #16 - Respondent left this gun in the barn when he picked up his personal property on January 7, 2007. ? #17 - This gun was delivered to Petitioner by Respondent on March 15, 2007 at a Support Appeal hearing held between the parties in Cumberland County. ? #18 - This gun was delivered to Petitioner by Respondent on March 15, 2007 at a Support Appeal hearing held between the parties in Cumberland County. ? #19 - This gun was delivered to Petitioner by Respondent on March 15, 2007 at a Support Appeal hearing held between the parties in Cumberland County. 3 N ? #20 - Petitioner sold this gun to Respondent's father, Mr. Kelso, (now deceased) many years ago and prior to separation to obtain some "quick cash". ? #21 - Petitioner obtained from his son, Matthew, on January 7, 2007 when he was at the prior marital residence to obtain his personal property. ? #22 - It is Respondent's belief that this gun was given to the parties' son, Zachary. See copy of statement (attached hereto and marked Exhibit A) from the parties' son, Zachary, verifying that Petitioner gave this gun to Zachary. (c) Denied. The parties' Agreement in Paragraph 15 only required Respondent to continue to be responsible for payment of said debt obligation. It is denied that Respondent was responsible to pay off said debt obligation. Respondent was only responsible to assume responsibility for payments on said debt obligation. While it is admitted that Respondent had not made any payments on said debt obligation as of the time of the filing of Petitioner's Petition, the reason for nonpayment was due to the fact that Respondent assumed the obligation had been paid because she never received a statement from Petitioner or American General. Respondent currently has specific payment arrangements with American General whereby the debt obligation will be paid in full by February 28, 2008. 6. Denied. It is denied that Respondent has failed to uphold her obligations under the Parties' agreement. In fact, it is Respondent's belief that the lack of action to effectuate the terms of the parties' Agreement has been on the part of the Petitioner. NEW MATTER AND NOW, comes, the above-captioned Respondent, by and through her attorney, Martha B. Walker, Esquire, and raises the new matter as outlined below: 1. Petitioner herein has failed to perform certain of his obligations under the parties' Divorce Settlement Agreement. Specifically: a. Paragraph 4, on Page 3 of the parties' Agreement requires Petitioner to be responsible for payment of any past-due phone bills. Petitioner refused to be responsible for said past-due phone bills and as a result, Respondent was unable to obtain telephone service for a period of time. Proof of said amount will be provided at time of trial. b. Paragraph 4, on Page 3 of the parties' Agreement also requires Petitioner to be responsible for payment of the debt due to Sovereign Bank. Proof is demanded as to whether same is paid at the time of this filing. WHEREFORE, Defendant/Respondent prays this Honorable Court to dismiss Plaintiff/Petitioner's Petitioner to Enforce Divorce Settlement Agreement. Defendant/Respondent further prays this Honorable Court to take whatever actions are reasonably necessary to ensure Plaintiff's/Petitioner's compliance with the parties' Divorce Settlement Agreement entered into on May 31, 2006 and to schedule a hearing on same, if necessary. 4 Respectfully submitted, Marth B. Walker, Esquire Attorney I.D. # 15989 33 South Main Street Chambersburg, PA 17201 (717) 262-2185 Attorney for Defendant/Respondent VERIFICATION I verify that the statements made in the foregoing document 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 unworn falsification to authorities. oA,E.!1-13-/x/109 6 I V CERTIFICATE OF SERVICE 1, Martha B. Walker, Esquire, hereby certify that on this day of November, 2007, I served a true and correct copy of the foregoing Defendant's Answer to Plaintiff's Petition to Enforce Divorce Settlement Agreement at the address indicated below: Peter J. Russo, Esquire Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill PA 17011 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Chambersburg, PA, addressed as indicated above Overnight delivery Service by placing a copy of the above document in counsel's box in the Office of the Recorder of Deeds of Franklin County Facsimile service Certified/Registered Mail BY: ha B. Walker; Esquire orney I.D. # 15989 33 South Main Street Chambersburg, PA 17201 (717) 262-2185 Attorney for Respondent/Defendant 7 -l 1 l `I J 1.h le, gid 7 f C3 ? 0 r: r Q 1:} t J? t -,C Martha A Walker Law Office 33 South Main Street Chambersburg PA 17201 (717) 262-2185 (717) 262-2187- Fax NOV 212007A4 Kevin Kendig vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law Plaintiff, Nancy E. Kendig, now known as Nancy E. Kelso, Defendant, No: 2005-1961 Action in Divorce ORDER OF COURT AND NOW, this "Mth day of November, 2007, upon consideration of the Defendant's Answer to Plaintiffs Petition to Enforce Divorce Settlement Agreement and the new matter included therein, IT IS HEREBY ORDERED AND DIRECTED that: I . A Rule is issued upon the Plaintiff to show cause why the relief requested by the Plaintiff should not be granted; 2. The Plaintiff shall file an Answer to Rule with regard to Defendant's New Matter on or before Lt -*L(47; 3. The Prothonotary is directed to forward said Answer to the Court; and 4. A hearing on this matter will be held on Defendant's New Matter on Friday, January 11, 2008, at 11:00 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. ,-*Oeter J. Russo, Esquire Attorney for Plaintiff 5 lWrt^ ha B. Walker, Esquire Attorney for Defendant By the Court. .y. F )l`jtA?1Jf? Vp? ?leg'? ,?? -4p • 46 LAW OFFICES OF PETER J. RUSSO, P.C. BY: PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F:(717)591-1756 pnmso@pjrlaw.com KEVIN KENDIG Plaintiff V. NANCY E. KENDIG, Defendant Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2005-1%1 : IN DIVORCE PETITIONER'S RESPONSE TO NEW MATTER AND NOW COMES the above-named Plaintiff by and through his attorney Peter J. Russo, Esquire and pursuant to an Order of Court entered on November 26, 2007 directing Plaintiff to respond to Defendant's New Matter, Plaintiff avers the following: la. Denied. Plaintiff has actively attempted to transition the past due account into his own name so that the telephone obligation could be assumed by Plaintiff. Plaintiff has been successful in transitioning that account and on November 18, 2007, Plaintiff received his first notice of payment. On December 11, 2007, Plaintiff issued check by phone to pay said account. The check number was 390 and the confirmation number was 32704EMID. lb. Denied. Plaintiff actively attempted to pay the account payable to Sovereign Bank but without the funds from the sale of the parties' real estate, Plaintiff was unable to pay the obligation. After a significant delay in the distribution of the sale proceeds, once Plaintiff was in receipt of his portion of the sales proceeds, Plaintiff went into a local Sovereign Bank branch on April 16, 2007 and paid the obligation in full. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant Plaintiff's Petition to Enforce and take whatever steps are necessary to enforce the agreement of the parties to include any and all provisions of the Divorce Settlement Agreement whether they have or have not been raised in the pleadings subject to this Petition. The Law Of sso, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72897 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Attorney for Plaintiff Date: December 13, 2007 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-1961 IN DIVORCE VERIFICATION I, Kevin Kendig, verify that the statements made in the foregoing LAW OFFICES OF PETER J. RUSSO, P.C. 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 KEVIN KENDIG Plaintiff V. NANCY E. KENDIG, Defendant document(s) are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: / Z - L"- /?? Kevin Kendig, Plaintiff < ! a LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F:(717)591-1756 prusso@pjrlaw.com KEVIN KENDIG : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NANCY E. KENDIG, NO. 2005-1%1 Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Ashley R. Sipe, hereby certify that I am on this day serving a copy of the foregoing document upon the person and in the manner indicated below: First Class Mail addressed as follows: Martha Walker, Esquire 33 South Main Street Chambersburg, PA 17201 Ashley R. S' aralegal Date: December 13, 2007 e-? 4 ,, =? ?? ?' ?... KEVIN P. KENDIG, Plaintiff V NANCY E. KENDIG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-1961 CIVIL TERM IN DIVORCE IN RE: PETITION TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT ORDER OF COURT AND NOW, this 11th day of January, 2008, after hearing in the above-captioned matter with regard to enforcement of this agreement, in relation to the three weapons in question, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Petition to Enforce Marriage Settlement agreement is denied. IT IS FURTHER ORDERED AND DIRECTED that should the slug barrel be discovered in the defendant's possession that she will immediately return it to the plaintiff. By the Court, ?*k -? ?AA\ M. L. Ebert, Jr., Peter Russo, Esquire For the Plaintiff Martha B. Walker, Esquire For the Defendant mtf OnP t £$ rn :?t t ? z Y413 KEVIN P. KENDIG, Plaintiff V NANCY E. KENDIG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-1961 CIVIL TERM IN DIVORCE IN RE: PETITION TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT ORDER OF COURT AND NOW, this 11th day of January, 2008, upon consideration of the plaintiff's Petition Settlement Agreement, and the defendant's HEREBY ORDERED AND DIRECTED that both par documents necessary to transfer ownership today, and the stock shall be transferred agreement today. to Enforce the Marriage answer thereto, IT IS ties shall execute all of the Orrstown stock according to the IT IS HEREBY ORDERED AND DIRECTED that the defendant shall make regular and complete payments of $100.00 a month to American General until this loan is paid off. By the Court, ,tt\ -? ?,XA\ M. L. Ebert, Jr.,V. Peter Russo, Esquire For the Plaintiff Martha B. Walker, Esquire For the Defendant mtf Go oEs /// t-/O$ "_)e-n __: V ''.., r? ,? .?e? ? ??a`?f' ?,J?? -t ', ?.± . ? i at.k ?L? ?l? ,?? ?. ,: ?;?.? WALKER, CONNOR & JOHNSON LLC 247Lincoin Way East Chambersburg PA 17201 (717) 262-2185 (717) 262-2187 -Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kevin P. Kendig, Plaintiff, ) Defendant, ) Civil Action - Law vs. Nancy E. Kendig, No. 05-1961 -Civil Term In Divorce a v.m. MOTION TO WITHDRAW AS COUNSEL AND, NOW comes Martha B. Walker, Esquire, counsel for the above-named Defendant, and avers the following: 1. Martha B. Walker, Petitioner, has entered her appearance on behalf of Defendant, Nancy E. Kendig, now Nancy E. Kelso, previously in this matter. 2. On January 11, 2008, the Honorable M.L. Ebert, Jr., entered an Order of Court directing "that both parties shall execute all documents necessary to transfer ownership of the Orrstown stock..." 3. Since that time, there has been discussion between counsel regarding an additional twelve shares of stock and the division of same. Hence, some of the delay in the matter. 4. On June 19, 2008, Petitioner received a letter from Plaintiff's counsel (hereinafter referred to as "Attorney Russo") advising that his client's share of the stocks had not yet been transferred to him. 5. On June 19, 2008, Petitioner forwarded Attorney Russo's letter to her client with a letter instructing Plaintiff to see that this transfer was taken care of and if need be to have the bank holding the shares assist her in this matter and to call Petitioner upon completion of the transfer. 6. To date, Petitioner has had no response from Defendant in this matter. 7. Petitioner has no other way to reach Defendant as the telephone numbers which Petitioner had for Defendant are no longer valid numbers. 2 WHEREFORE, Petitioner respectfully requests this Court to grant leave of the Petitioner to withdraw as counsel of record on behalf of the Defendant, Nancy E. Kendig, now Kelso. Respectfully submitted, WALKER, CONNOR & JOHNSON, LLC -Az?/J/ Ae t zo 6:001t-11 - By: M ha B. Walker, Esquire, Petitioner Attorney I.D. #15989 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 I verify that the statements made in this Motion 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. M B. Walker, Esquire 3 CERTIFICATE OF CONCURRENCE I, Martha B. Walker, Esquire, Petitioner in the above-captioned matter, have been unable to obtain concurrence in this matter due to the fact that I have been unable to contact Defendant. I, Martha B. Walker, Esquire, was in touch with Peter J. Russo, Esquire, attorney for Plaintiff in the above-referenced matter, on July 14, 2008 and advised Attorney Russo of the filing of this Motion to Withdraw as Counsel. WALKER, CONNOR & JOHNSON LLC By:? artha B. Walker, Esquire, Petitioner Attorney I.D. #15989 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 4 ,. CERTIFICATE OF SERVICE I, Martha B. Walker, Esquire, hereby certify that on this f 1_/ M day of ico , 2008, I served a true and correct copy of the foregoing Motion/Order to Withdraw as Counsel at the address indicated below: Nancy E. Kelso 74 Kline Road Shippensburg PA 17257 Peter J. Russo, Esquire 5006 East Trindle Road, Suite 100 Mechanicsburg PA 17050 Service by: Personal service via hand delivery _ Service by First Class, United States Mail, postage pre-paid, mailed at Chambersburg, PA, addressed as indicated above Overnight delivery Service by placing a copy of the above document in counsel's box in the Office of the Recorder of Deeds of Franklin County Facsimile service Certified/Registered Mail WALKER, CONNOR & JOHNSON LLC By: M ha B. Walker,''Esquire, Petitioner ttorney I.D. #15989 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 5 t ? ? ;? ?., <? -,-? f ?. ?? ? ? 4 C " r -.? ?C;: , -- ;_ -, . .--J _... 4_. „_„' _ i -_:,. `? C? °T3 s ; ..? KEVIN P. KENDIG, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NANCY E. KENDIG, DEFENDANT NO. 05-1961 CIVIL ORDER OF COURT AND NOW, this 18`" day of July, 2008, upon consideration of the Petition to Withdraw as Counsel filed by the Petitioner, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Parties to show cause why the Petitioner should not be granted permission to withdraw as counsel of record; 2. The Parties will file an answer on or before August 7, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Parties file an answer to this Rule to Show Cause, the Court will determine if a hearing, status conference or further Order of Court is required. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, Martha B. Walker, Esquire Petitioner ?/Peter J. Russo, Esquire Attorney for Plaintiff Nancy E. Kendig Kelso Defendant bas 1-4p L f S n'? t kk I 7f 18?? A\ M. L. Ebert, J--t r., J. S :I faj 8 i -;'Fir OOOZ X13113 LAW OFFICES OF PETER J. RUSSO, P.C. BY: PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 F: (717) 591-1756 prusso@,pjdaw.com Attorneys for Plaintiff KEVIN KENDIG : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NANCY E. KENDIG, NO. 2005-1961 Defendant IN DIVORCE PETITION FOR ENFORCEMENT OF ORDER DATED JANUARY 11, 2008 AND NOW comes the above named Plaintiff, by his attorney, Law Offices of Peter J. Russo, P.C., and petitions the court to enforce terms of the Order that was dated on January 11, 2008 based upon the following: 1. The Petitioner herein is the Plaintiff, Kevin Kendig, resides at 120 State Street, York Springs, Adams County, Pennsylvania. 2. The Respondent herein is the Defendant, Nancy Kelso (formedy Kendig), who resides at 74 Kline Road, Shippensburg, Cumberland County, Pennsylvania. 3. The parties hereto are formerly husband and wife and were divorced by a final decree entered by the court on October 27, 2006. 4. On May 31, 2006 the parties entered into a Divorce Settlement Agreement at a conference before the Divorce Master. 5. The Respondent has failed to perform some of her obligations under the Agreement. Specifically: A. Paragraph 3, on page 3 of the Agreement grants Husband/Petitioner all rights to the Orrstown Bank Stock. The original stock certificates remain in the possession of Respondent/Wife who has failed to surrender them to Petitioner in order to allow the bank to convert them to his name only or to redeem them. 5. The Petitioner filed a Petition to Enforce Divorce Settlement Agreement on October 11, 2007. 6. Petitioner and Respondent attended a hearing before the Honorable Judge Ebert on January 11, 2008. 7. An Order of Court was entered on January 11, 2008 stating that Respondent shall transfer ownership of the Orrstown stock that day according to the parties' Divorce Settlement Agreement. A true and correct copy of said Order is attached hereto as Exhibit A. 8. The parties' Divorce Settlement Agreement stated there were 132 shares of Orrstown stock. 9. After the hearing on January 11, 2008, Petitioner learned that there were an additional 12 shares of Orrstown stock that were earned as stock dividends. 10. On January 24, 2008 Petitioner, by and through his counsel, sent a letter to Orrstown Bank requesting that the 132 shares be transferred as per the Order of Court but the additional 12 shares of Orrstown stock be held until an agreement of the parties is reached on the distribution of those shares. A true and correct copy of said letter is attached hereto as Exhibit B. 11. On or about February 8, 2008, the parties, counsel came to an agreement that the remaining 12 shares of Orrstown stock would be split equally between Petitioner & Respondent. This agreement was memorialized in writing and conveyed to the parties as well as Orrstown Bank. A true and correct copy of said letter is attached hereto as Exhibit C. 12. Petitioner was advised that the transfer of the shares, as agreed, requires Respondent to make the change electronically on the RTCO website. 13. On or about June 17, 2008, Petitioner followed up with counsel for the Respondent on the status of the transfer and advising counsel that if the shares were not transferred, Petitioner would file this action. A true and correct copy of said letter is attached hereto as Exhibit D. 14. On or about July 7, 2008, Petitioner's counsel telephoned counsel for the Respondent and inquired on the status of the transfer. Counsel for Respondent advised that she had forward the information to her client. 15. To date, Petitioner has not received the additional 6 shares and Respondent has failed to uphold her obligations under the Court Order dated January 11, 2008. 16. Pursuant to Cumberland County Local Rule 208.3(a)(2), it is the assertion of undersigned counsel that the following matters have been adjudicated by a Judge: a. 7/12/05 - Final Order, of Court (Protection from Abuse) by the Honorable Edward E. Guido; b. 10/17/05- Interim Order of Court (Domestic Relations - Support) by the Honorable Kevin A. Hess; C. 12/8/05 - Order Appointing Master by the Honorable Edgar B. Bayley; d. 9/18/06 - Order of Court (Divorce) by the Honorable Edgar B. Bayley: e. 10/27/06- Decree in Divorce by the Honorable M.L. Ebert, Jr.; f. 3/15/07 - Order of Court (Support) by the Honorable M.L. Ebert, Jr.; and g. 1/11/08 - Order of Court (Divorce) by the Honorable M.L. Ebert, Jr. 2. Pursuant to Cumberland County Local Rule 208.3(a)(9), after consulting with opposing counsel and requesting her concurrence or non-concurrence with Petitioner's filing of this petition, it is the assertion of undersigned counsel that Respondent, by and through her counsel, Martha Walker did not concur with the filing of this Petition for Enforcement of Order Dated January 11, 2007. WHEREFORE, Petitioner prays this Court to take whatever actions are reasonably required, including the entry of judgment against Respondent, the use of the court's contempt powers, or any other remedy that is equitable and just to enforce Petitioner's rights under the Agreement. Respectfully submitted, USSO, P.C. By: Peter Russo, Esquire Supreme Court ID #72897 Elizabeth Saylor, Esquire Supreme Court ID #200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Date: 7/8/08 (717) 591-1755 EXHIBIT A KEVIN P. KENDIG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V 05-1961 CIVIL TERM NANCY E. KENDIG, Defendant IN DIVORCE IN RE: PETITION TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT ORDER OF COURT AND NOW, this 11th day of January, 2008, upon consideration of the plaintiff's Petition to Enforce the Marriage Settlement Agreement, and the defendant's answer thereto, IT IS HEREBY ORDERED AND DIRECTED that both parties shall execute all documents necessary to transfer ownership of the Orrstown stock today, and the stock shall be transferred according to the agreement today. IT IS HEREBY ORDERED AND DIRECTED that the defendant shall make regular and complete payments of $100.00 a month to American General until this loan is paid off. By the Court, Peter Russo, Esquire For the Plaintiff Martha B. Walker, Esquire For the Defendant .mtf lt?\ -? ?AA\ M. L. Ebert, Jr., V. mu COPY rif- r 00R U MY t%na in Test oc csh ! f, hit 4'. : EXHIBIT B LAW OFFICES OF PETER J.RUSSOP.c. PETER J. RUSSO, ESQUIRE ASHLEY F4 SIPE, PARALEGAL ATTORNEYS AT LAW Thursday, January 24, 2008 Jess Knouse P.O. Boa 250 Shippensburg, PA 17257 RE: KEVIN KENDIG Dear Ms. Knouse ELIZABETH 1. SAYLOR. ESQUIRE AMBER L. SOUTHARD, PARALEGAL Since my client has visited with you he has gained access to the Registrar and Transfer Company website. As you know the Registrar and Transfer Company website can show a client exactly how many shares of a particular stock is owned by a part as well as the date those stocks were purchased or accrued. It is my understanding that prior to his visit to Orrstown Bank he did not have access to this site. I mention this because it seems that there is a substantial miscommunication of the facts. Back on May 31, 2006, the parties agreed that 132 shares of Orrstown stock would be the sole possession of Mr. Kendig. As the matter progressed, Attorney Walker, Ms. Kendig's counsel suggested that Mr. Kendig was only entitled to 132 shares and the remaining 12 shares should go to her client. Since logging onto his account we've learned that the additional 12 shares were dividends on the original 132 shares paid in form of additional stock. The first six shares were issued on June 29, 2005, prior to their agreement. I also want to note that at that time, Mr. Kendig did not have access to the account to know the additional stock had been issued. The second 6 shares were issued on June 15, 2007, clearly after the date the parties agreed to transfer the shares to Mr. Kendig. I am attaching a copy of the printout Mr. Kendig provided me from January 11, 2008. Please note that you should have in your possession an Agreement of the parties at the Master and an order of court adopting the agreement. Those documents award 132 shares of Orrstown Bank stock to Mr. Kendig. The order is silent about the remaining 12 shares. At this point it is our position that Mr. Kendig is entitled to all 144 shares of Orrstown Bank stock and under no theory less than 138 shares of Orrstown Bank stock. To that end, I am recommending that Orrstown transfer the 132 shares to Mr. Kendig pursuant to the agreement and order while retaining possession of the final 12 shares till the parties can either work out an agreement or until a further order of court is THE CHELSEA BUILDING 3800 MARKET STREET CAMP HILL, PA 17011 PHONE: (717) 591-1755 FAX: (717) 591-1756 issues regarding the final 12 shares. As a result of obtaining this knowledge, any consent that was previously provided, either verbally or in writing, to distribute any shares to Ms. Kendig is hereby withdrawn. In the event the shares are transferred to Ms. Kendig without our express consent, we reserve the right to take appropriate legal action against Orrstown Bank. Thank you for your cooperation and in the meanwhile, please feel free to contact me. Very truly yours, # Peter-3: I?ussay, .C. Peter J. Russo cc: Kevin Kendig Martha Walker, Esquire EXHIBIT C PETER J. RUSSO, ESQUIRE ASHLEY R SIPE, PARALEGAL LAW OFFICES OF PETER J.RUSSO P.c. ATTORNEYS AT LAW Fridav. Februarv 08. 2008 Jess Knouse P.O. Box 250 Shippensburg, PA 17257 RE: KEVIN KENDIG Dear Ms. Knouse ELIZABETH J. SAYLOR. ESQUIRE AMBER L. SOUTHARD, PARALEGAL I wanted to advise you that since my January 20 letter, Nancy and Kevin Kendig have come to an agreement in regards to the shares. Nancy is to have only six (6) shares and Kevin is to have the rest. Thank you for your cooperation. Should you have any questions please feel free to contact me. Very truly yours, es of Peter J. Russo, P.C. Peter . Russo cc: Kevin Kendig Martha Walker, Esquire THE CHELSEA BUILDING 3800 MARKET STREET CAMP HILL, PA 17011 PHONE: (717) 591-1755 FAX: (717) 591-1756 EXHIBIT D PETER). RUSSO, ESQUIRE ASHLEY R. SIPE, PARALEGAL Martha Walker, Esquire 33 South Main Street Chambersburg, -PA 17201 C- LAW OFFICES OF PETER J.RUSSOP.c. ATTORNEYS AT LAW Tuesday, June 17, 2008 RE: Kevin P. Kendig v. Nancy E. Kendig No. 2005 -1961 In Divorce - Cumberland County Our File No. 0060054 Dear Attorney Walker: ELIZABETH J. SAYLOR, ESQUIRE AMBER L. SOUTHARD, PARALEGAL My client has advised me that he still has not received the stocks that we agreed to be transferred at the January 11>h hearing in regards to the above mentioned matter. After speaking to Orrstown Bank they advised us that your client must log on to the RTCO website and personally transfer the shares to my client. We are asking that your client transfer these shares within 15 days or we will have to take further action against her. Thank you for your assistance in this matter. Should you have any questions please feel free to contact me. Very truly yours, Peter J. Russo, Esquire cc: Kevin Kendig 5006 EAST TRINDLE ROAD, SUITE 100. MECHANICSBURG, PA 17050 PHONE: (717) 591-1755 FAX: (717) 591-1756 KEVIN KENDIG : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NANCY E. KENDIG, : NO. 2005-1961 Defendant . : IN DIVORCE VERIFICATION I, Kevin Kendig, verify that the statements made in the foregoing document(s) are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: ? ZY ` 67y Kevin Kendig, Plain LAW OFFICES OF PETER J. RUSSO, P.C. BY: PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5006 E. Tdndle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 F: (717) 591-1756 prusso@pjdaw.com Attorneys for Plaintiff KEVIN KENDIG : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NANCY E. KENDIG, Defendant : CIVIL ACTION - LAW : NO. 2005-1961 : IN DIVORCE CERTIFICATE OF SERVICE I, Ashley R. Sipe, hereby certify that I am on this day serving a copy of the foregoing document upon the person and in the manner indicated below: Certified Mail and First Class Mail addressed as follows: Nancy Kelso 74 Kline Road Shippensburg, PA 17257 Ashley R. pe, Paral gai `? Date: `7 O .: r1lo KEVIN KENDIG, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1961 CIVIL V. CIVIL ACTION - LAW NANCY E. KENDIG, DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 25`h day of July, 2008, upon consideration of the Plaintiff's Petition for Enforcement of Order dated January 11, 2008, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before August 14, 2008; 3. The Prothonotary is directed to forward said Answer to this Court. 4. A hearing on this matter shall be held on Tuesday, September 2, 2008, at 3:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, eter J. Russo, Esquire Attorney for Plaintiff ncy Kelso, Defendant 74 Kline Road Shippensburg, PA 17257 Xartha Walker, Esquire bas V? ?, q?k \ M. L. Ebert, Jr., 0 J. AJJ\! f 6. ? 1 '? Vld sz I rOCR Ad V110 ;1, 4 A 3iu G LAW OFFICES OF PETER J. RUSSO, P.C. BY: PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 F: (717) 591-1756 prusso@pjrlaw.com Attorneys for Plaintiff KEVIN KENDIG : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NANCY E. KENDIG, NO. 2005-1951 Defendant IN DIVORCE PRAECIPE TO DISMISS TO THE PROTHONOTARY: Please withdrawal and dismiss Plaintiffs Petition for Enforcement of Order Dated January 11, 2008 as an agreement has been reached between both parties. The September 2, 2008 hearing is no longer needed for the above mentioned matter. Respect submitted, LAW OFFICES OF PETER-T^RUSSO, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72897 Attorneys for Plaintiff 5006 East Trindle Road, Suite 100 Mechanicsburg, 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Date: Monday, August 25, 2008 -- . LAW OFFICES OF PETER J. RUSSO, P.C. BY: PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 F: (717) 591-1756 prusso@pjdaw.com Attorneys for Plaintiff KEVIN KENDIG : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NANCY E. KENDIG, NO. 2005-1961 Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Ashley R. Sipe, hereby certify that I am on this day serving a copy of the foregoing document upon the person and in the manner indicated below: First Class Mail addressed as follows: Nancy Kelso 74 Kline Road Shippensburg, PA 17257 Date: August 25, 2008 Ashley R. e, Parale al . . + C' c',7 ?i i c.:,:s ."?) f "; ? s . t? ? r . _: -?:; G7? t-, 3-`? ?,, , '"C"s ?.,b. ; ,?:: fem .., { LAW OFFICES OF PETER J. RUSSO, P.C. BY: PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 F: (717) 591-1756 prusso@pjrlaw.com Attorneys for Plaintiff KEVIN KENDIG : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NANCY E. KENDIG, NO. 2005-1961 Defendant IN DIVORCE PETITION FOR ENFORCEMENT OF ORDER DATED JANUARY 11, 2008 AND NOW comes the above named Plaintiff, by his attorney, Law Offices of Peter J. Russo, P.C., and petitions the court to enforce terms of the Order that was dated on January 11, 2008 based upon the following: 1. The Petitioner herein is the Plaintiff, Kevin Kendig, resides at 120 State Street, York Springs, Adams County, Pennsylvania. 2. The Respondent herein is the Defendant, Nancy Kelso (formerly Kendig), who resides at 74 Kline Road, Shippensburg, Cumberland County, Pennsylvania. 3. The parties hereto are formerly husband and wife and were divorced by a final decree entered by the court on October 27, 2006. 4. On May 31, 2006 the parties entered into a Divorce Settlement Agreement at a conference before the Divorce Master. 5. The Respondent has failed to perform some of her obligations under the Agreement. Specifically: A. Paragraph 15, on page 4 of the Agreement reflects that debts on Page 14 of the wife's pretrial statement, specifically, the PHFA mortgage, the 2004 real estate taxes, medical bills, the real estate appraisal cost, the local income tax, and the American General loan will continue to be the responsibility for payment of the wife. . 5. The Petitioner filed a Petition to Enforce Divorce Settlement Agreement on October 11, 2007. 6. Petitioner and Respondent attended a hearing before the Honorable Judge Ebert on January 11, 2008. 7. An Order of Court was entered on January 11, 2008 stating that Respondent shall make regular and complete payments of $100.00 a month to American General until the this loan is paid off. A true and correct copy of said Order is attached hereto as Exhibit A. 13. On or about November 4, 2008, received a letter from American General Finance stating they had not received a payment since September 25, 2008. A true and correct copy of said letter is attached hereto as Exhibit B. 14. On or about November 19, 2008, Petitioner's counsel sent a letter to Respondent informing her of the missed payments and to pay the past due amounts. 15. To date, payments have not been made to the American General account. 16. Pursuant to Cumberland County Local Rule 208.3(a)(2), it is the assertion of undersigned counsel that the following matters have been adjudicated by a Judge: ' ' I . a. 7/12/05 - Final Order of Court (Protection from Abuse) by the Honorable Edward E. Guido; b. 10/17/05- Interim Order of Court (Domestic Relations - Support) by the Honorable Kevin A. Hess; C. 12/8/05 - Order Appointing Master by the Honorable Edgar B. Bayley; d. 9/18/06 - Order of Court (Divorce) by the Honorable Edgar B. Bayley: e. 10/27/06- Decree in Divorce by the Honorable M.L. Ebert, Jr.; f. 3/15/07 - Order of Court (Support) by the Honorable M.L. Ebert, Jr.; and g. 1/11/08 - Order of Court (Divorce) by the Honorable M.L. Ebert, Jr. 17. Pursuant to Cumberland County Local Rule 208.3(a)(9), undersigned counsel requesting the concurrence or non-concurrence with Petitioner's filing of this petition from Martha Walker, Respondent's last counsel. Martha Walker advised counsel that she and/or her firm no longer represented the Respondent. Respondent has been unresponsive to Petitioner's requests. WHEREFORE, Petitioner prays this Court to take whatever actions are reasonably required, including the entry of judgment against Respondent along with court costs and counsel fees as well as the use of the court's contempt powers, the use of the court's contempt powers, or any other remedy that is equitable and just to enforce Petitioner's rights under the Agreement. Respectfully submitted, LAW OFFICES OF PETER J. RUSSO, P.C. By Peter Russo, Esquire Supreme Court ID #72897 Elizabeth Saylor, Esquire Supreme Court ID #200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Date: LY (717) 591-1755 Exhibit A PON" KEVIN P. KENDIG, Plaintiff V NANCY E. KENDIG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-1961 CIVIL TERM IN DIVORCE IN RE: PETITION TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT ORDER OF COURT AND NOW, this 11th day of January, 2008, upon consideration of the plaintiff's Petition to Enforce the Marriage Settlement Agreement, and the defendant's answer thereto, IT IS HEREBY ORDERED AND DIRECTED that both parties shall execute all documents necessary to transfer ownership of the Orrstown stock today, and the stock shall be transferred according to the agreement today. IT IS HEREBY ORDERED AND DIRECTED that the defendant shall make regular and complete payments of $100.00 a month to American General until this loan is paid off. By the Court, -Io\ -? ?AA,\ M. L. Ebert, Jr., Peter Russo, Esquire For the Plaintiff Martha B. Walker, Esquire For the Defendant :mtf r x ^. des,, R y?'Yi??4? y.? ki 2(?'}? ?t?d J Exhibit B AMERICNN GENERAL FINANCIAL SERVICES November 4, 2008 Kevin Kendig 1820 Town Hill Rd York Springs, PA 17372 RE: 48978144 Dear Kevin: American General Finance, Inc. P.O. Box 3251 Evansville. IN 47731-3251 As per our phone conversation today, I am sending you the current information about the above referenced account number. The co-maker on this account, Nancy Kelso, has been making $100 payments to this account but we have not received a payment since September 25, 2008. The current balance is $2,125.00 with interest being frozen under the agreement no payments would be missed and we would receive payments each month. I must remind you that the account is a joint loan with us and until the account is closed, both your credit bureaus reflect this delinquency. I would appreciate any response from you whether it would be to resolve this yourself or to assist in contacting Nancy to respond and resolve this as we previously agreed. My contact number is 1-800-599-2335, extension 4571. Sincerely, 0'4?ttt Cathy Real Account Resolution Center American General Finance 126-00327 (REV. 7-02) KEVIN KENDIG : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NANCY E. KENDIG, NO. 2005-1961 Defendant IN DIVORCE VERIFICATION I, Kevin Kendig, verify that the statements made in the foregoing document(s) are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. 1 Date: 2 K n Kendig, Plaintiff LAW OFFICES OF PETER J. RUSSO, P.C. BY: PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 F: (717) 591-1756 prusso@pjrlaw.com Attorneys for Plaintiff KEVIN KENDIG IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NANCY E. KENDIG, NO. 2005-1961 Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Ashley R. Sipe, hereby certify that I am on this day serving a copy of the foregoing document upon the person and in the manner indicated below: First Class Mail addressed as follows: Nancy Kelso 74 Kline Road Shippensburg, PA 17257 Date: 1,x,110 ? b6 Ashley R. Sipe, ParalegOl C? f r ....? KEVIN KENDIG, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1961 CIVIL V. CIVIL ACTION - LAW NANCY E. KENDIG, DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 17th day of December, 2008, upon consideration of the Plaintiff's Petition for Enforcement of Order dated January 11, 2008, in reference to a divorce settlement agreement, IT IS HEREBY ORDERED AND DIRECTED that a hearing is scheduled for Tuesday, March 10, 2009, at 3:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania, at which the Defendant is ordered to appear; IT IS FURTHER ORDERED AND DIRECTED that the Plaintiff shall serve the Defendant with a copy of this Order by personal service or certified return receipt requested mail. By the Court, /Peter J. Russo, Esquire A orney for Plaintiff Nancy Kelso, Defendant 74 Kline Road Shippensburg, PA 17257 bas e0 1 Qs Ir?C.C? M. L. Ebert, Jr., J. r _. f Cl 1 •1 [4d 8 1 330 OOOZ