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HomeMy WebLinkAbout06-0161 v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. OCo - J Ie. ( c.;0 ~L'-r ~ SUSAN L. KENDRICK, Plaintiff JOHN H, KENDRICK, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property of other rights important to you, including the custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available at the Office of the Prothonotary, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 SUSAN L. KENDRICK, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, Olc- I~l C,'o;L ~~ CIVIL ACTION - LAW IN DIVORCE JOHN H, KENDRICK, Defendant COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, Susan L. Kendrick, by and through her attorney, Charles Rector, Esquire, and respectfully represents as follows: 1. Plaintiff is Susan L, Kendrick (SS# 204-48-9386), an adult individual, currently residing at 9 Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050, 2, Defendant is John H. Kendrick (SS# 267-45-1736), an adult individual, currently residing at 1603 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050, 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for a period of six months (6) immediately preceding the filing of the Complaint. 4, Plaintiff and Defendant were married on October 20, 1990, in Allegheny County, Pennsylvania, 5. There have been no prior actions for divorce or for annulment between the parties, 6. The Plaintiff and Defendant are both citizens of the United States of America. Count I - Divorce 7, The allegations of Paragraphs 1 through 6 are incorporated herein by reference and made a part hereof, 8. This action is not brought through collusion between the Plaintiff and Defendant, but in sincerity and truth for the reasons set forth within, 9. The marriage is irretrievably broken, and the parties are proceeding under Section 3301 (c) of the Divorce Code. 10. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the Court require the parties to participate in counseling, WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce decree dissolving the marriage between Plaintiff and Defendant. Count 11- Eauitable Distribution 11. Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as if set forth at length. 12, The parties have acquired, during the course of the marriage and prior to separation, property, both real and personal, which they own jointly or which was otherwise purchased so as to constitute marital property within the definition and scope of Section 3502 of the Divorce Code. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order distributing the marital property owned by the parties. RESPECTFULLY SUBMITTED, ----..---.-- Date: ,/~16;;' , I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S, Section 4904, relating to unsworn falsification to authorities. ~>f~duclL / Susan L, Kendrick Date: I 16 lot, f f ..t.q. .YJ.. \-) t\\ _ 1(.. e ~..a \t 9'.?- _ Crt. \) ~ t;) Q \Y \ \ 7J \t 4 ~ ~ IN ~ ~ w "\) ~ Q, Q ,'-.:.:.) (.J.... -t. '- '1::n ":,'N r-nj-- ~.;-," ---1f":'"'\ t -'>j';: \..0 "'-~~ (~) -';', ~t ~~ ~ ~ ::2 (,__:,~ ;':~) -- ".-\',! .. , <-::,1 :-:\ .:'jJ C) :-<. C) SUSAN L. KENDRICK, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-161 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE JOHN H. KENDRICK, Defendant COMPLAINT FOR CUSTODY AND FOR CONFIRMATION OF CUSTODY AGREEMENT AND NOW, comes the Petitioner, Susan L. Kendrick, Plaintiff in the above- captioned matter, by and through her attorney, Charles Rector, Esquire, and respectfully represents as follows: 1. Petitioner is Susan L. Kendrick who resides at 9 Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Respondent is John H. Kendrick who resides at 1603 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. On July 9, 2006, the parties entered into an agreement regarding the custody of their minor children: Kelly N. Kendrick (DOB 8/20/92; Kristina M. Kendrick (DOB 8/20/92) and Nicholas J. Kendrick (DOB 6/20/95). See Exhibit "An attached hereto and made part hereof. The children were not born out of wedlock. The children are presently in the custody of Petitioner at 9 Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania. a. During the past five years, the children have resided with their parents at their respective current addresses. 4. The relationship of the Petitioner/Plaintiff to the children is that of Mother. The Plaintiff currently resides with the children. 5. The relationship of the Respondent/Defendant to the children is that of Father. The Defendant currently resides alone. 6. Petitioner has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Petitioner has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Petitioner does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by entering the parties' stipulation regarding custody as an Order of Court. WHEREFORE, Petitioner requests the Court to enter the attached Stipulation as an Order of Court. Date: 7-(0/0 , I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~bf~c1l Susan L. Kendrick Date: 1-/3,. 06 SUSAN L. KENDRICK, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-161 CIVIL TERM JOHN H. KENDRICK, Defendant CIVIL ACTION - LAW IN DIVORCE STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER This Stipulation is made this ~ day o~ 2006. by and between SUSAN L. KENDRICK (hereafter "Mother") and JOHN H. KENDRICK (hereafter "Father"): WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on October 20,1990, in Allegheny County, Pennsylvania; WHEREAS, three children were born of this marriage, namely Kelly N. Kendrick (DOB 8/20/92); Kristina M. Kendrick (DOB 8/20/92) and Nicholas J. Kendrick (DOB 6/20/95). WHEREAS, on January 9, 2006, Mother initiated an action for divorce at the above captioned docket number in the Court of Common Pleas of Cumberland County; WHEREAS, Mother has contemporaneously herewith filed a Complaint for Custody and for Confirmation of Custody Agreement; WHEREAS, the parties agree to Mother's relocation to the Pittsburgh, Pennsylvania, area as soon as practicable and that she continue to exercise primary physical custody of the children following said relocation; WHEREAS, the parties hereto are desirous of entering into this stipulated custody agreement that specifically settles the issues of legal and physical custody of their children without the necessity of court intervention and to have their stipulation entered as a Court Order; NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, Mother and Father, each intending to be legally bound hereby, agrees as follows: 1. Leaal Custody. Mother and Father shall share legal custody of their children, legal custody being defined as the right to make major decisions affecting the best interests of the children, including, but not limited to, medical, religious, moral and educational decisions. The parties agree to discuss and consult with one another with a view toward adopting a harmonious policy calculated to promote the children's best interests. Each party shall have the right to be kept informed of the children's educational, social, moral and medical development. Each party shall be entitled to full and complete records and information concerning the children from any doctor, dentist, teacher, treatment institution or similar authority and to have copies of any reports, notices or other communications given to either parent. Each party shall notify the other of any matter relating to the children which could reasonably be expected to be of significant concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. The parent having physical custody of the children at the time of any emergency shall have the right to make any immediate decisions necessitated thereby but shall inform the other parent of the emergency and consult with him or her as soon as possible. 2. Relocation. The parties agree that Mother shall relocate to the Pittsburgh, Pennsylvania, area in the next several months or as soon as practicable. The parties further agree that prior to and subsequent to said relocation by Mother, that Mother shall continue as primary custodian of the children. The parties acknowledge and agree that the relocation by Mother and the children to the Pittsburgh, Pennsylvania, area is in the best interest and permanent welfare of the children and the parties shall endeavor to work out any differences or scheduling conflicts that may arise from time to time without the necessity of court intervention to the extent possible. 3. Physical Custody. The parties agree that Mother shall maintain primary physical custody of the children subject to the Father's periods of partial custody in accordance with the following: (a) One weekend per month from Friday at 9:00 p.m. through Sunday at 6:00 p.m.; (b) If the children have Friday night school or extra curricular activities, the parties agree to meet on Saturday at 10:00 a.m. (c) At Father's option, he may drive to Mother's home on Friday night, spend the night, and leave with the children in the morning. (d) On any weekend which is preceded by a Friday holiday, the parties shall exchange custody Thursday at 6:00 p.m. (e) On any weekends which precede a Monday holiday, the parties agree to meet on Monday evening at 6:00 p.m. (f) In the event that Father relocates out of Pennsylvania, the parties will attempt to establish a different monthly schedule without the necessity of Court intervention, to the extent possible. 4. Summer Vacation. Each of the parties shall have the opportunity to exercise a period of seven (7) days vacation with the children. The parties shall notify one another of their vacation preference no later than May 30, of each year. Both parties agree to attempt to accommodate the children's summer activity schedules when selecting their vacation weeks. 5. Thanksgiving Holiday. The parties shall alternate the Thanksgiving holiday. Father shall have custody on Thanksgiving in even numbered years and Mother shall have custody on odd numbered years. The parties shall share transportation and shall schedule times with one another for custody exchanges as appropriate. 6. Easter Holiday. The parties shall alternate the Easter holiday. Mother shall have custody on even numbered years and Father shall have custody on odd numbered years. The parties shall share transportation and shall schedule times with one another for custody exchanges as appropriate. 7. Christmas Holiday. The parties agree as follows with respect to the Christmas holiday, which shall take precedence over the regular schedule; (a) In all even-numbered years, Father shall have the children from December 23, until 12:00 Noon on Christmas Day, and Mother shall have custody of the children from 12:00 Noon on Christmas Day until December 27,2006, at 9:00 p.m. (b) In all odd-numbered years, Mother shall have the children from December 23, until 12:00 noon on Christmas Day, and Father shall have custody of the children from 12:00 noon on Christmas day until December 27,2006, at 9:00 p.m.. (c) During Father's exercise of temporary physical custody on Christmas, the parties may agree to additional time as appropriate. 8. Other holidays. If Father's weekend of custody falls on a weekend in which a federal/school holiday occurs on the Friday preceding or the Monday following, then in that event, Father shall have uninterrupted partial custody for that holiday consistent with Paragraphs 3(d) and 3(e). 9. Children's Activities. The parties shall ensure that the children participate in all regularly scheduled activities during their periods of custody. If the designated time for pick up or return of the children occurs during a scheduled activity, then pick up or return shall occur at a time which does not interfere with the activity. 10. Transportation. The parties shall share transportation on all custody exchanges and shall be responsible for all their own travel costs (gasoline, tolls, etc). It is specifically understood that the parties will meet at a restaurant to be selected by the parties near the Breezewood Exit of the Pennsylvania Turnpike for all custody exchanges. The parties agree that the children will have dinner prior to any custody exchange. 11. Disparaaina Remarks Prohibited. The parties shall refrain from making any disparaging or negative remarks with regard to the other either directly to the children or in the presence of the children. 12. Alcohol/Controlled Substances. During any period of custody, the parties shall not possess or use any controlled substances, and neither party shall consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that other household members and/or guests comply with this prohibition. 13. Telephone/Address. Each party shall keep the other apprised of his or her telephone number and address. Each party shall be entitled to reasonable telephone privileges with the children while the children are in the custody or control of the other party. Under no circumstances shall the parties discuss the children's custody schedules or changes thereto directly with the children or to permit third parties to do so. All scheduling issues shall be discussed only between the parties and the children shall at no time be utilized as "messengers". 14. Entry of Court Order. The parties agree that the terms and provisions of this Stipulation shall be entered as an Order of Court upon the filing of all necessary documents. The parties agree to be equally responsible for any and all ~~~~ ./ Susan L. Kendrick --L- court costs incurred in filing the Stipulation with court. .~ C' d!~ 7/YOb WI ss I A:) (:) ~ ~ l'\\:. ~ :" ~ ] "'" i; \) "'" ::-;1 ~ -, 1 C' ~ ~ -- tv ifl : ~ i ': - ~ -t- ) JUl1 , ZOIl6, v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 06-161 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE SUSAN L. KENDRICK, Plaintiff JOHN H, KENDRICK, Defendant ORDER OF COURT "2.0" ~. AND NOW, this day of ~' 2006, it is ORDERED and DECREED that the terms and conditions of the attached Stipulation for Entry of Agreed Upon Custody Order are incorporated herein and hereby made an Order of Court, ...'" J, , ri .r ~ t . t) - t' .fJ f I ~, ,'l \ leI aZ ';i:\' S.\\L MARRIAGE SETTLEMENT AGREEMENT f I f'" .-(' THIS AGREEMENT made this lia- day of ,-J/~,~ between JOHN H. KENDRICK (HUSBAND) , 20~, by and and SUSAN L. KENDRICK (WIFE) WITNESSETH: WHEREAS, the parties hereto are HUSBAND and WIFE, having been married on October 20, 1990, in Allegheny County, Pennsylvania.. There were three children born of this marriage: Kelly N. Kendrick (DOB 8/20/92); Kristina M. Kendrick (DOB 8/20/92) and Nicholas J. Kendrick (008 6/20/95). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree as follows: ~ \(.\-n lOG /J.,lU", " I & 10-; 1. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the rights of HUSBAND and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code in WIFE's Cumberland County divorce action docketed to number 06-161. Upon the signing of this Agreement, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. 3. EFFECT OF DIVORCE DECREE. The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. ~ \"'L\L\ loG ~. .iJJL 1j1&I07 2 5. NON-MERGER. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 6. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE. The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 8. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to WIFE by her counsel, Charles Rector, Esquire. HUSBAND has been advised by counsel for WIFE that WIFE's counsel does not represent HUSBAND's interests in the divorce action nor in any of the related economic claims pending in this case. WIFE's counsel has further advised HUSBAND to retain counsel of his choosing to review this document and HUSBAND has nonetheless decided to disregard this advice and to represent himself. The parties acknowledge that they have either received ~ \c~"2-dOb %JL t/ 16{ 0"( 3 independent legal advice from counsel of their choosing or have waived that right and they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice or waived such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 9. FINANCIAL DISCLOSURE. The parties confirm that each party has made an informal full and fair disclosure to the other of all of their assets, debts and incomes and that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. 10. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court held hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either *- \-~ \"L \ \ OC:> ~.) jJJit... \ I \t. 111'1 4 party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and non- marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, and to set aside to a party that property which the court determines to be that parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, alimony, alimony Pendente Lite (temporary alimony), equitable distribution, custody, visitation, and counsel fees, costs and expenses. 11. PERSONAL PROPERTY. The parties acknowledge that they have previously agreed to a division of all of their tangible personal property including, but not limited to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other tangible personal property. With respect to said division the parties agree that HUSBAND shall receive as his sole and separate property all items currently in his possession and WIFE shall receive as her sole and separate property all ~ \'-~\'C\\Db plk 1\1~lb7 5 items of tangible personal property in her possession. Each of the parties hereto does waive, release, and forever abandon any right and all title, interest and claim, in and to the tangible personal property to become the property of the other party pursuant to the terms of this paragraph. Except that Husband shall receive as his sole and separate property the Craftsman tools and tool chest currently in WIFE's possession. 12. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, with or without non-marital assets, after the date of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this paragraph. 13. DIVISION OF VEHICLES. With respect to the vehicles owned by one or both of the parties, or the net proceeds or value derived from any prior sale or trade in thereof, they agree as follows: HUSBAND waives all right, title and interest he may have in and to the Saturn car to WIFE and WIFE agrees to assume sole responsibility for all payments and debt related to this vehicle and amounts otherwise owing to GMAC. WIFE further agrees to indemnify and save HUSBAND harmless from any costs or payments associated with this vehicle. WIFE waives all right, title and interest she may have in and to the Jeep Rubicon and any and all proceeds derived from the sale of the Kia Rio and Harley Davidson motorcycle to HUSBAND. HUSBAND agrees to assume sole responsibility for all payments and debt related to this vehicle and amounts otherwise due and owing on said ~. \L-\L \ \ Ob '-..J ~ t!\L.\bl 6 vehicle. HUSBAND agrees to indemnify and save WIFE harmless from any costs or payments associated with this vehicle. The titles or assignment of any lease agreements to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles/assignments shall be delivered to the proper party on the distribution date. For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien, encumbrance, lease or other indebtedness in the party receiving said vehicle as his or her property shall take it subject to said lien, encumbrance, lease or other indebtedness and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien, encumbrance, lease or other indebtedness. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the vehicle( s) that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. 14. DIVISION OF REAL ESTATE. The parties acknowledge and agree that they have equitably divided to their satisfaction the proceeds derived from the sale of their marital home known and numbered as 9 Silver Spring Road, Mechanicsburg, PA 17050. The parties further waive all right, title and interest in and to the proceeds received by the other following settlement and shall indemnify and save one another harmless from any and all claims made by one against the other for any such proceeds received by the other. ~ \C \ L II c::>Go-, ppL 111<0107 7 15. EACH PARTY RETAINS PENSION PLANS. Except as contained hereafter in Paragraph 16, each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate property of the party in whose name or through whose employment said plan is carried. Specifically, WIFE waives all right, title and interest she may have in and to HUSBAND's IRA and HUSBAND waives all right, title and interest he may have in and to WIFE's Federal Government Thrift Savings Plan (TSP) and FERS Plan. HUSBAND also waives all right, title and interest he may have in WIFE's Metropolitan Life Growth Plus Account derived from a rollover of WIFE's premarital Thrift Savings Plan through the Federal Government. 16. HUSBAND'S MILITARY RETIREMENT SYSTEM DEFINED BENEFIT PLAN. The parties acknowledge and agree that HUSBAND retired from the United States Navy on October 31,2002. The parties further acknowledge and agree that their date of marriage was October 20, 1990, and their date of final separation was March 31, 2005. WIFE has consulted with Conrad Siegel Actuaries of 501 Corporate Circle, Harrisburg, PA 17110, in order to determine the present value of the marital portion of HUSBAND's Military Retirement System Pension (see Exhibit "A" attached). As of April 13, 2006, the date of the Conrad Siegel report, the present value of the marital portion of HUSBAND's plan was $273,082 ($454,379 multiplied by coverture fraction of .601). The parties agree that WIFE shall receive, as and for equitable distribution, the amount &- \L\'-\ lOb pJJ.. \ \ IG \01 8 of thirty (30%) percent of the monthly pension benefit payable to HUSBAND and the proportional share of any and all costs of living adjustments (COLA's) and any and all other pension increases, including but not limited to increases arising pursuant to the National Defense Authorization Act of 2004. HUSBAND's monthly pension benefit is defined as the gross pension payable to HUSBAND, less the portion designated by the Defense Finance and Accounting Service (DFAS) as a "VA waiver" for Veteran's Disability Compensation. By way of clarification, HUSBAND's gross monthly pension benefit is exclusive of, and separate from, his Disability Pension inasmuch as said Disability Pension is currently designated as non-marital property under Pennsylvania law. WIFE shall, at her own cost, obtain a Qualified Domestic Relations Order consistent with this paragraph from Conrad Siegel Actuaries. Both parties agree to fully execute said Qualified Domestic Relations Order immediately upon receipt and to otherwise further cooperate in all respects to effectuate the terms of this paragraph and to otherwise execute any other documents requested by the Defense Finance and Account Service (DFAS). 17. LIFE INSURANCE. The parties acknowledge and agree that WIFE previously waived her survivor beneficiary pension designation (SBP) to HUSBAND's Military Retirement Pension at or about the time that HUSBAND retired from the military. HUSBAND agrees that within seven (7) days of execution of this Agreement, he shall obtain a life insurance policy with a death benefit of no less than $137,000.00, and shall name WIFE as the owner and the irrevocable primary beneficiary with the parties' minor children as alternate beneficiaries in equal shares of said policy. HUSBAND further agrees to pay any and all premiums on said life insurance policy for so long as said life insurance policy is in effect and to provide WIFE with proof of said insurance policy from time to time but no (~'--- \ ~_\~L ~ \06 "'-----' rJk l\ IlPlo1 9 less than annually. This amount of life insurance represents fifty (50%) percent of the marital portion of HUSBAND's military pension (50% of $273,082). HUSBAND may, at his discretion, satisfy the terms of this paragraph by utilizing his current life insurance policy so long as ownership and the beneficiary designations are as above described and so long as said policy shall remain in affect for no less than twenty five (25) years from the date of execution of this Agreement. In the event that said policy lapses or expires prior to twenty five (25) years following the date of execution of this Agreement, HUSBAND shall immediately obtain a replacement or substitute policy of life insurance consistent with this paragraph. 18. DIVISION OF BANK ACCOUNTS/STOCK/LIFE INSURANCE. The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value and hereafter WIFE agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of HUSBAND shall become the sole and separate property of HUSBAND and HUSBAND agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of WIFE shall become the sole and exclusive property of WIFE. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in any bank account, certificates of deposit, IRA account, bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof. Specifically, HUSBAND waives all right, title and interest he may have in and to any cash value 10 HUSBAND further .(\2... Cct"L \ \ ~ ~~ .Allt 111~ I Dr existing on the Prudential Life Insurance Policy which insures WIFE. waives all right, title and interest he may have in and to any all shares of Home Depot stock owned by WIFE. 19. MARITAL DEBTS. The parties acknowledge that they have previously divided the obligations and payments required thereof of any debts and obligations arising during the marriage and in accordance therewith any obligation being paid by a party shall continue to be so paid and said party shall indemnify, protect and save the other party harmless therefrom. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due. Each party agrees to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities assumed by a party pursuant to this Paragraph. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which the party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 20. WAIVER OF INHERITANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right. title, interest or claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever in the future received by the other party. 21. WIFE'S DEBTS. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall ~\L~L\\D~ '''---'> ~ IlllP/D7 11 indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of obligations incurred by her. 22. HUSBAND'S DEBTS. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 23. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy consistent with 11 use 52(a)5 and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subjected to court determination the same as if this Agreement had never been entered into. 24. SOCIAL SECURITY BENEFITS. The parties agree that subject to the rules and regulations of the Social Security Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration. (~\L~ 7-\ l (~G-:J '- ' ~L \IIGI07 12 25. INCOME TAX PRIOR RETURNS. The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 26. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divorce is commenced [and/or finalized], both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, complete and equitable property division. 27. WAIVER OF ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT, COUNSEL FEES. MAINTENANCE AND COSTS. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support, maintenance, counsel fees and costs. 28. PERSONAL RIGHTS. HUSBAND and WIFE may and shall, at all times hereafter, Jive separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or ~ \~\ '-\ lOb 13 ~ Iptolo7 employment which to him or her may seem advisable. HUSBAND and WIFE shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 29. MUTUAL RELEASES. HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth of territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future spousal support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, ~ \Ll<-doj. Pik \\ILPIO-7 14 complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 30. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 31. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 32. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 33. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 34. OTHER DOCUMENTATION. WIFE and HUSBAND covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor), execute any and all written instruments, assigns, releases, satisfactions, deeds, notes, stock certificates, or such other writings (~ \C\L\\~ 15 ~Uc \11& 101 as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 35. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right to such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 36. BREACH. If for any reason either HUSBAND or WIFE fails to perform his or her obligations hereunder owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall to the other party. (a) the right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. (b) the right to damages arising out of the breach of the terms of this Agreement, which damages shall include reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing the damage action. ~. \L.-\"L\ \ Db \~\~ p>>- 1\lto\t)1 16 (c) the right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa.C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said Section or replacement thereof by any other similar laws, which remedies shall include, but not be limited to: (1 ) the entry of judgement; (2) the authorization of the taking and seizure of goods and chattels and collection of rents and profits of real and personal and tangible and intangible property; (3) the transfer and sale of any property required to obtain compliance with the obligations undertaken by this Agreement; (4) the posting of security to insure future payments to assure compliance with the obligations undertaken by this Agreement; (5) the issuance of attachment proceedings and the holding of the Defendant to be in contempt and the making of appropriate order thereof including, but not limited to, commitment of the breaching party to county jail for a period not to exceed six (6) months; (6) the award of counsel fees and costs; (7) the attachment of the breaching party's wages. (d) Any other remedies provided for in law or in equity. 37. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligations under anyone or mo~ JIlt ,2J <-2_ \ { L) Cc, 17 111l? I D7 paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 38. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 39. HEADINGS NOT PART OF AGREEMENT. Any heading preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: )~~ ~>' V? ~,A usan L. Kendrick 18 STATE OF PENNSYLVANIA ( COUNTY OF CC\f<\;\J....--\OlN~ ~ 1'). ~J.. r\\. ,,^ t\-.,.. . On this, the oZ) day of . ~W\ , 2006, before me the undersigned officer, personally appeared John K. Kendrick known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposed therein contained. SS. IN WITNESS WHEREOF, I have hereunto set me hand and seal. ~ NOTARIAL SEAL TAMMY S. FAUST, Notary Pllblie Lower Aile. Twp., Cumberland COIlDty Expires JIIy 5, 2010 STATE OF PENNSYLVANIA /rUtlS fI;,v 6 n)fJ ( ( COUNTY OF C:t;)1I11:l1IL~JD (SS. , 7 On this, the .-l.fp_day of ,JaflLJ{lr-aJ ,200\9, before me the undersigned officer, personally appeared Susan L. Kendri known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposed therein contained. IN WITNESS WHEREOF, I have hereunto set me hand and seal. ommo wealth of e ns I NOTARIAL SEAL CATHERINE L. TAGGART, Notary Public Canonsburg Borough, County of Washington My Commission Expires May 9, 2009 ~ft ~ ~ L..j f1Ib~ t1JT 19 ~ Conrad Siegel ACTUARIES 501 Corporate Circle' P,O, Box 5900' Harrisburg, PA 17110-0900 Phone (717) 652-5633 Fax (717) 540-9106 The Employee Benefits Company www.conradsiegel.com Conrad M, Siegel, F.S,A. Harry t.\, Leisler, Jr., F.S.A, Clyde E. Gingrich, F,S,A, Earl L Mummert, M,AAA. Robert J. Dolan, A.SA David F, Stirling, A.SA Robert J. Mrazik, F,SA David H, Killick, F,S,A. Jeffrey S, Myers, F.S.A, Thomas L Zimmerman, F,S.A. Glenn A. Hafer, F,SA Kevin A, Erb, F,SA Frank S. Rhodes, F .SA, A,C,A.S. Holly A. Ross, F.S,A Janel M. Leymeister, CEBS Mark A, Bonsall, F.S.A John W, Jeffrey, F,S,A, Denise M. Polin, F.S,A, Thomas W. Reese, A,S,A. Jonathan D, Cramer, A,S,A. John D, Vargo, F,S.A, Robert M, Glus. A.SA Bruce A. Senff, CEBS Laura V. Hess, A.SA Vicki L. Delligalli April 13, 2006 Charles Rector, Esquire Law Offices of Charles Rector, Esquire, P.C. 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 Re: Kendrick v. Kendrick Dear Mr. Rector: We were provided with the following information concerning John H. Kendrick: 1. Date of birth - November 26, 1961. 2. Periods of employment with the Department of Navy - May 4, 1982 to May 2, 1986 and October 20, 1986 to October 31, 2002. 3. Date of retirement from the Navy - October 31, 2002. 4, Date of marriage - October 20, 1990. 5. Date of separation - March 31, 2005. 6. Current gross monthly pension from the Military Retirement System- $1,665. The gross pension is currently reduced by $557.28, so that the net retirement pension received from the Military Retirement System is currently $1,107.72. This reduction represents a portion of his Veterans' Administration disability compensation ("V A Waiver"). 7. Veterans' Administration disability compensation is currently being paid at the rate of $874 per month. Robert Kendrick is currently age 44 on an age nearest basis. The Military Retirement System is a defined benefit pension plan. The figure that is marital property for divorce purposes is the present value of the pension earned during the marriage. A portion of Mr. Kendrick's retirement pension has been classified as Veterans' Administration (VA) disability compensation. Prior to 2004, when a retired soldier received VA disability compensation, his retirement pension was reduced dollar for dollar by the amount of disability compensation received. Under the National Defense Authorization Act for Fiscal Year 2004, retired members with ~ Conrad Siegel ACTUARIES Charles Rector, Esquire April 13,2006 Page 2 disabilities rated at 50% or more are eligible to concurrently receive both the disability compensation and a retirement pension. That is, the VA disability compensation will no longer reduce the retirement pension otherwise payable. However, the concurrent receipt of disability payments and pension payments is being phased-in over a 10 year period through 2013. Thus, by 2013 Mr. Kendrick's retirement pension will no longer be reduced by his VA disability compensation. For purposes of analyzing the marital value of the pension, we have calculated the amount by which Mr. Kendrick's retirement pensions are expected to increase due to the phase-in of concurrent receipt of disability and retirement pensions. We have calculated the future increases in the net retirement pension due to the phase-in of concurrent receipt on the basis that the military pension and the VA disability compensation will increase at the rate of 2.75% per year. The Military Retirement System benefits and VA disability compensation benefits are indexed for inflation. This means that each year the benefits increase in accordance with the Consumer Price Index. As mentioned above, we have assumed that the annual rate of inflation will be 2.75%, After Mr. Kendrick's retirement benefits are payable in full in 2013 and beyond, he will continue to earn regular annual cost-of-living increases in accordance with changes in the Consumer Price Index. The present value of a monthly pension of $1,107.72 with expected phase in at the 50% disability rating levels amounts to $454,379. Since Mr. Kendrick worked with the Department of Navy for 8.00 years prior to the date of marriage, it is necessary to multiply the present value of the pension by a coverture fraction in order to determine the present value of the pension earned during the marriage. The numerator of the coverture fraction is 12.03 (the years of service from the date of marriage until the date of retirement). The denominator is 20.03 (the years of service as of the date of retirement). Therefore, the coverture fraction is 0.601 (12.03 divided by 20.03). The present value of the pension earned during the marriage is $273,082 ($454,379 multiplied by 0.601). We have not valued the VA disability compensation since Pennsylvania case law has held that disability income is not a marital asset. The present value calculations have been determined based upon the assumptions set forth by the Pension Benefit Guaranty Corporation for annuity valuations. The interest rate is 5.60% for 20 years followed by 4.75% for each year thereafter. The mortality is in accordance with the 1994 Group Annuity Basic Mortality Table for males with Projection Scale AA to 2016. As ~ Conrad Siegel ACTUARIES Charles Rector, Esquire April 13, 2006 Page 3 previously mentioned, we have assumed an annual rate of inflation of 2.75% for purposes of valuing the cost-of-living increases. In our opinion, the assumptions set forth by the PBGC are appropriate for determining the present value. With best regards, Yours sincerely, r1J M, L:" fJ Harr!M. Leister, Jr., F.S.A. Consulting Actuary ~ V_ ~,~ Jonathan D. Cramer, A.S,A. Consulting Actuary HML:JDC:kad j C) r' ......:> >-:) (-'.~~? --' (- ::-...;... ...,;1._ o ., .-1 -c-:o fni"'- -j'Jr-n :be;.; ...~~ ':c!t .0---..." ~ Q.) '-.=? r''':'' . .. v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 06-161 CIVIL TERM SUSAN L. KENDRICK, Plaintiff JOHN H, KENDRICK, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Tammy S, Faust, paralegal for Charles Rector, Esquire, do hereby certify that on the 12th day of January, 2006, I caused a certified copy of the Divorce Complaint filed in the above- captioned matter to be served upon Defendant, John Kendrick, by first class certified mail, postage prepaid, return receipt requested, to the Defendant's last known address, The certified mail accepted on January 13, 2006, ~ By: Tammy S. F st, Paralegal Law Offices of Charles Rector, Esquire, P,C, 1104 Fernwood Avenue, Ste, 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date: 1)17/07 '" ... ~ U.S. Postal Service CERTIFIED MAil RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ..JJ ..JJ .::r CJ .::r I:'- M Lf1 Postage $ (p5 Certified Fee d. 3D Return Receipt Fee I ~ (Endorsement Required) . J Restricted Delivery Fee (Endorsement Required) ;lf~ low ~ ru CJ CJ CJ CJ ..JJ CJ mp/eted by mailer) J CJ CJ CJ I:'- SENDER: COMPLETE THIS SECTION . . . . 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 mail piece, or on the front if space permits, 1, Article Addressed to: A. Signature o Agent i? 0 Addressee eived by j Printed Name) C. Date of Del~ery l'\ \,~ FLLI<... i -I ~ Ob 0, Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No T~ }(~u:l 3, Service Type ~Certified Mail b Registered o Insured Mail o Express Mail o Return Receipt for Merchandise o C.O,D. 4. Restricted Delivery? (Extra Fee)" DYes 2. Article Number (Transfer from service label) 7DOD DfpOO Ct)J'( 6/7lj 0'1 bh PS Form 3811, August 2001 Domestic Return Receipt 1 02595-02-M-1 035 ,....., = c::::> --' ~ ~~'n --".:.f~ .o'!~__ o -0 :? _"..-:I ;ilp -~m -~~? C;; ; ., ::'~C) ~:- --r. co 6 :~-) _.;..... --:< (~j. bn'1 g -< 1"-' ....---- V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-161 CIVIL TERM SUSAN L. KENDRICK, Plaintiff JOHN H. KENDRICK, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January 9, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3, I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice, 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S, Section 4904, relating to unsworn falsification to authorities. ~bf.~j . Susan L. Kendrick Date: I j/Ia /07 , ~ c:-:> c? --' <-- ~~ ...- - o --n -' :C"'" '-<1~.J ~, r _,..,f\\ '?1Y "::_~ C:~ ;~"""it 'A "'y', '~t(4 S~{ ~ Cf; S? N V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-161 CIVIL TERM SUSAN L. KENDRICK, Plaintiff JOHN H. KENDRICK, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 ( c) of the Divorce Code was filed on January 9, 2006. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1, I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, Section 4904, relating to unsworn falsification to authorities. ~~~~-\~ John H. Kendrick Date: ~ ,....., = = -.J ~ .,;...''Fd --"ti'" -- o -n ::? fY,\" --nEi :rJv c_)).- _.__1,,__,1 ~T~~': ::~~~ ~l !~ ~b -< co o N v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 06-161 CIVIL TERM SUSAN L. KENDRICK, Plaintiff JOHN H, KENDRICK, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record together with the following information, to the Court for entry of a divorce decree: 1, Ground for a divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code, 2, Date and manner of service of the Complaint: Certified Mail- 01/13/06, 3, Complete either paragraph (a) or (b), (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff 01/16/07, by the Defendant 12/21/06, (b) (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the Defendant: 4. Related claim pending: None - All claims have been settled and outlined in the parties' Marriaqe Settlement Aqreement dated 01/16/07, 5, Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, jf the decree is to be entered under section 3301 (d) of the Divorce Code: (b) Date Plaintiff's Waiver of Notice in ~ 3301 (c) Divorce was filed with the Prothonotary 01/18/07, Date Defendant's Waiver of Notice in ~ 3301 (c) was filed with the Prothonotary 01/18/07, C ,1 \X\Ot1j~ Charles Rector, Esquire Attorney for the Plaintiff Date: 01/17/07 ~ ~ c:::> --' (- c:> o -n --\ 1":-" "1"lp I '-.' -:~\u ~::, c:) ~" :~~: ;--~ ";:,-;:"".... .-' l / :Ql r-rl y" ~ "9 - N f!O ill ifi i!i <Ii;+i iIl;+i;+i i!iifi'fOf. ;+i 'f 'f ifi <Ii ill IN THE COURT OF COMMON PLEAS 'f OFCUMBERLANDCOUNTY STATE OF PENNA. 'f SUSAN L. KENDRICK No. 06 If,l r'ivil T~rrn VERSUS JOHN H. KENDRICK DECREE IN DIVORCE ifi AND NOW'~ ? ).1. c;rIO. ~A.A1.. , ~7, IT IS ORDERED AND <Ii 'f <Ii 'f 'f 'f 'f 'f '" '" '" 'f '" '" '" 'f '" '" 'f '" 'f 'f '" '" '" 'f '" '" '" '" 'f DECREED THAT Susan L. Kendrick ifi '" , PLAINTIFF, ifi AND John H. Kendrick , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. ifi ifi ifi ifi 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; None The written Marriage Settlement Agreement of the parties dated 1/16/07 is attached hereto and incorporated.herein for enforcement purposes only pursuant to Section 3105 of the Pennsylvania Divorce Code. ifi ifi 'f ifi 'f ifi '" ATTEST: J. ROTHONOTARY 'f;+i 'f ill '" ill ill ifi;+i ifi 'f 'f 'f'f 'f'f'" ifi'" '" "'ifif!Oifi!tiifi!ti!ti !ti !ti!ti !ti!ti !ti!tiifi!ti!tiifi!tioti!ti _ h' j' RpJ"""" ~ (.0' 6('- / ~ Y" ~~'r9 L(N(' I . . ...' .. .;. *" MAR 05 200711 7 't '" . VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW - IN DIVORCE Susan L. Kendrick Plaintiff John H. Kendrick Defendant NO. 06-161 DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order (liD ROil) creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. It is intended to constitute a Qualifying Court Order under the Uniformed Services Former Spousels Protection Act, 10 U.S.C. Section 1408 and following. 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO applies to the Military Retirement System ("Plan") and any successor thereto. John H. Kendrick ("Participant") is a Participant in the Plan. Susan L. Kendrick ("Alternate Payee"), the former spouse, is the Alternate Payee for the purpose of this DRO. 4. The Participant's name, mailing address, Social Security number and date of birth are: John H. Kendrick 1603 Louisa Lane Mechanicsburg,PA 17050 Social Security No.: 267-45-1736 Date of Birth: November 26, 1961 5. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Susan L. Kendrick 170 Ewing Street P.O. Box 78 Meadowlands, PA 15347 Social Security No.: 204-48-9386 Date of Birth: September 19, 1964 6. The Participant is currently receiving a monthly pension under the Plan. 7. The Participant assigns to the Alternate Payee an interest in the Participant's disposable military retired pay. The Alternate Payee is entitled to a direct payment in the amount specified below and shall receive payments at the same time as the Participant. .~ .. DRO Page 2 8. The Participant's rights under the Servicemembers' Civil Relief Act were observed by the Court as evidenced by the presence of his legal counsel at the proceedings. 9. This Order assigns to the Alternate Payee an amount equal to 30% of the Participant's disposable military retired pay. In addition to the above, the Alternate Payee shall receive a pro rata share of any cost- of-living adjustments made to the Participant's benefits. The pro rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefits is calculated pursuant to this Paragraph 9. 10. The monthly payments under Paragraph 9 shall commence to the Alternate Payee as soon as administratively feasible following the date that this Order is approved by the appropriate Military Pay Center and shall continue during the joint lives of the parties. 11. The jurisdictional requirements of 10 U.S.C. Section 1408 have been complied with, and this Order has not been amended, superseded, or set aside by any subsequent order. 12. The Participant and the Alternate Payee acknowledge that they have been married for a period of more than ten years during which time the Participant performed more than ten years of creditable military service. The parties were married on October 20, 1990, and separated on March 31, 2005. 13. The Alternate Payee agrees that any future overpayments to her are recoverable and subject to involuntary collection from her or her estate. 14. The Alternate Payee agrees to notify DFAS about any changes in the Domestic Relations Order or the order affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. 15. The Participant and the Alternate Payee intend that this Order qualify under the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. Section 1408 and following. 16. The Participant agrees to cooperate with the Alternate Payee to prepare an application for direct payment to the Alternate Payee from the Participant's retired or retainer pay pursuant to 10 U.S.C. Section 1408. The Participant agrees to execute all documents that the United States Army may require to certify that the disposable military retired pay can be provided to the Alternate Payee. 17. Ifthe Participant takes any action that prevents, decreases, or limits the collection by the Alternate Payee of the sums to be paid hereunder, he shall make payments to the Alternate Payee directly in the amount sufficient to neutralize, as to the Alternate Payee, the effects of the actions taken by the Participant. 18. The parties acknowledge that the following items must be sent by the Alternate Payee to DFAS, U.S. Military Retired Pay, P.O. Box 7130, London, KY 40742-7130 and to DFAS- CUGAG, Garnishment Operation, P.O. Box 998002, Cleveland, OH 44199-8002. The Participant agrees to provide any of this information to the Alternate Payee at the Alternate Payee's request ~ ~ DRO Page 3 and to make all necessary efforts to obtain any of this information that the Alternate Payee is unable to obtain. a. A certified copy of the Divorce Decree. b. A certified copy of this Domestic Relations Order. c. A copy of the Marriage Certificate of Mr. And Mrs. Kendrick. d. An executed copy of Form 2293 entitled Application for Former Spouse Payments From Retired Pay. 19. The Court shall retain jurisdiction to enter such further orders as are necessary to enforce the award to the Alternate Payee of the military retirement benefits awarded herein. EXECUTED this (,,... day of ,..,~ Judge CONSENT TO ORDER: ~'r1~ laintiff/Alternate Payee :;'//)/01 Date z.Jz..2- ( CJ7 Date S \ :6 H\1 L - ~\iv~ lCGZ