HomeMy WebLinkAbout02-3033SUSAN M. KENT,
Plaintiff
VJ
R~JuPH G. KENT, JR.,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 02. ,3
: 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 or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counseling. A list of
marriage counselors is available in the Office of the Prothonotary at Office of
the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S
FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE
RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CANGET LEGAL NELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone No. 1-800-990-9108 or 249-3166
S'a~dra L. Meilton,TEsquire, #32551
Attorney for Plaintiff
TUCKER ARENSBERG & SWARTZ
P.O. Box 889
Harrisburg, PA 17108
(717) 234-4121
SUSAN M. KENT,
Plaintiff
RALPH G. KENT, JR.,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
:
: IN DIVORCE
COMPLAINT UNDER SECTION 3301(c)
OF THE DIVORCE CODE
COUNT I:
1. Plaintiff is Susan M. Kent, an adult individual
who is sui juris and resides at 3810 Trindle Road, Camp Hill,
Cumberland County, Pennsylvania.
2. Defendant is Ralph G. Kent, Jr., an adult
individual who is sui juris and resides at 107 E. Allen Street,
Townhouse #4, Mechanicsburg, Cumberland County, Pennsylvania. The
present whereabouts of the Defendant, Ralph G. Kent, Jr., to the
knowledge of the Plaintiff, is the same.
3. Both Plaintiff and Defendant have been bona fide
residents in the Commonwealth of Pennsylvania for at least six (6)
months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on
September 19, 1998, in Pittsburgh, Pennsylvania.
5. There have been no prior actions of divorce or for
annulment between the parties.
6. Plaintiff has been advised of the availability of
counseling and the right to request that the Court require the
parties to participate in counseling.
7. The Defendant is not a member of the Armed
Services of the United States or any of its Allies.
8. The Plaintiff avers that the grounds on which the
action is based is that the marriage is irretrievably broken.
COUNT II:
CLAIM FOR ALIMONY PENDENTE LITE, COUNSEL FEES AND
EXPENSES UNDER THE DIVORCE CODE
9. Plaintiff
support herself and pay
this action.
10. Defendant
Alimony Pendente Lite,
this divorce action.
does not have sufficient funds to
counsel fees and expenses incidental to
is full well and able to pay Plaintiff
counsel fees and expenses incidental to
WHEREFORE, Plaintiff requests the Court to enter a Decree:
A. Dissolving the marriage between Plaintiff and
Defendant;
B. Directing the Defendant to pay
Lite and Plaintiff's counsel fees
this proceeding; and
Alimony Pendente
and the costs of
For such further relief as the Court may determine
equitable and just.
TUCKER ARENSBERG & SWARTZ
J Sandra L. ~eilton
P.O. Box 889
Harrisburg, PA 17108
(717) 234-4121
Attorney for Plaintiff
I verify that the statements made in this Complaint 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.
50899.1
SUSAN M. KENT,
Plaintiff
RALPH G. KENT, JR.,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 02-3033 Civil Term
:IN DIVORCE
ACCEPTANCE OF SERVICE
I, Diane S. Baker, Esquire, hereby accept service of the Complaint in Divorce filed
in the above matter on behalf of Defendant, Ralph G. Kent, Jr.
Date:
SUSAN M. KENT,
Plaintiff
RALPH G. KENT, JR.,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02-3033 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN DIVORCE
NOTICE TO PLEAD
TO:
Susan M. Kent, Plaintiff; and
Sandra L. Meilton, Esquire
Tucker, Arensberg & Swartz
P.O. Box 889
Harrisburg, PA 17108
You are hereby notified to file a written response to the enclosed within twenty
(20) days from service hereof or a judgment may be~re~~
DATE: B~~~
"]/30/O-L "~--Di'-ane S. Baker, Esquire
Supreme Court ID #53200
27 South Arlene Street
P.O. Box 6443
Harrisburg, PA 17112-0443
(717) 671-9600
SUSAN M. KENT,
Plaintiff
RALPH G. KENT, JR.,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02-3033 CIVIL TERM
:
· CML ACTION - LAW
: IN DIVORCE
DEFENDANT'S ANSWER AND COUNTERCLAIM
TO PLAINTIFF'S COMPLAINT IN DIVORCE
AND NOW, comes the Defendant, Ralph G. Kent, Jr., by and through his
attorney, Diane S. Baker, Esquire, and answers the Complaint in Divorce as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. No response required.
7. Admitted.
8. No response required.
COUNT H
CLAIM FOR ALIMONY PENDENTE LITE, COUNSEL FEES
AND EXPENSES UNDER THE DIVORCE CODE
9. Denied. It is denied that Plaintiff does not have sufficient funds to support
herself and pay counsel fees and expenses incident to this action. By way of further
answer, Defendant specifically avers that Plaintiffhas sufficient funds and an earning
potential to support herself and pay counsel fees and expenses. Proof to the contrary is
demanded at trial.
10. Denied. It is denied that Defendant is able to pay PlaintilTs alimony
pendente lite, counsel fees or expenses incidental to this divorce action. Proof to the
contrary is demanded at trial.
COUNTERCLAIM
COUNT III:
EQUITABLE DISTRIBUTION
11. Paragraphs 1 through 10 above are herein incorporated by reference.
12. The Plaintiff and Defendant are owners of various items of personal
property, furniture and household furnishings acquired during the marriage which are
subject to equitable distribution by the Court.
13. The Plaintiff and Defendant are owners of various motor vehicles acquired
during the marriage which are subject to equitable distribution by the Court.
14. The Plaintiff and Defendant singly or jointly have interests in various bank
accounts acquired during the marriage which are subject to equitable distribution by the
Court.
15. The Plaintiff and the Defendant have acquired during the marriage other
marital property which is subject to equitable distribution by the Court.
WHEREFORE, Plaintiff requests the Court to enter a Decree:
(a) Dissolving the marriage between Plaintiff and Defendant;
(b) Denying the payment of Alimony Pendente Lite, costs and
expenses;
(c)
hereto; and
(d)
Equitably distributing all marital property owned by the parties
Such further relief as the Court may determine equitable and just.
DATE:
I.D. No. 53200
27 South Arlene Street
P.O. Box 6443
Harrisburg, PA 17112-0443
(717) 671-9600
SUSAN M. KENT,
Plaintiff
Vo
RALPH G. KENT, JR.,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02-3033 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN DIVORCE
VERIFICATION
I verify that the statements made in this Answer and Counterclaim to Complaint
in Divorce 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.
R~LPH G. KENT, J~.
CERTIFICATE OF SERVICE
I hereby certify that on this ~ day of __ff~.t~tj~%c42- , 2002, a tree and
correct copy of the Defendant's Answer and Counterclaim to Plaintiff's Complaint in
Divorce was served on the following person by United States Mail, postage prepaid,
addressed as follows:
Sandra L. Meilton, Esquire
Tucker, Arensberg & Swartz
P.O. Box 889
Harrisburg, PA 17108
· Respe ' 5
27 South Arlene Street
Post Office Box 6443
Harrisburg, PA 17112-0443
(717) 671-9600
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013
Defendant Name: m~PH G. ~NT JR
Member ID Number: 597oooo284
P~ease note: All correspondence must include the Member ID Number.
ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS
Financial Break Down of Multiple Cases on Attachment
PACSES Docket
Plaintiff Name Case Number Number
sus~ M. ~ ~/~ 527~o4652 o2-3o33 c~w-
Attachment Amount/Frequency
250.00 !MONTH
/
TOTAL ATTACHMENT AMOUNT: $ 25 o. 00 -
Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment
Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $ 57.69
per week, or 55 %, of the Unemployment Compensation benefits otherwise payable to the Defendant,
RALPH G. KENT JR Social Security Number 174-38-8009 , Member
ID Number 5970000284 . BUCBA is ordered to remit the amount attached to the Department of Public
Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this
Court for support and/or support arrearages.
If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for
support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total
amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673
(b)(2) and 23 Pa. C.S.A. § 4348 (g).
This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in
effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for
Benefits dated NOVEMBER 4, 2001 is exhausted, expired or deferred.
BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court.
All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this
Court.
BY THE COURT
Date of Order:
JUDGE
Service Type M
Form EN-530
Worker ID $IATT
SUSAN M. KENT, :
p!~intiW/Petitioner :
:
VS. :
,_
;
RALPH G. KENT, Jl~, :
D~f~ndnntfRespondent:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 2002-3033 CIVIL TERM
IN DIVORCE
DR~ 31863
Pacses# 527104652
ORDER OF COURT
AND NOW, this 28'~ day of August, 2002, based upon the Court's determination that petitioner's
monthly net income/earning capacity is $2,680.68 and Respondent's monthly net income/earning
capacity is $3,157.46, it is hereby Ordered that the Respondent pay to the Pennsylvania State
Collection and Disbursement Unit, $250.00 per month payable bi-weekly as follows; $88.61 for
alimony pendente lite and $26.77on arrears. First payment due next pay date at $115.38 bi-weekly.
Arrears set at $576.00 as of August 28, 2002. The effective date of the order is June 25, 2002.
Failure to make each payment on time and in full will cause all arrears to become subject to immediate
collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after
hearing, that the Respondent has willfully failed to comply with this Order, it may declare the
Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not
limited to, commitment of the Respondent to prison for a period not to exceed six months.
Said money to be turned over by the PA SCDU to: Susan M. Kent. Payments must be made by check
or money order. All checks and money orders must be made payable to PA SCDU and mailed to:
PA SCDU
P.O. Box 69110
Harrisburg, PA 17106-9110
Payments must include the defendant's PACSES Member Number or Social Security Number in order
to be processed. Do not send cash by mail.
Unreimbursed medical expenses that exceed $250.00 annually are to be paid 51% by the respondent
and 49% by petitioner. The petitioner is responsible to pay the first $250.00 annually in unreimbursed
medical expenses. Respondent to provide medical insurance coverage. Within thirty (30) days after
the entry of this order, the Respondent shall submit written proof that medical insurance coverage has
been obtained or that application for coverage has been made. Proof of coverage shall consist, at a
minimmn, of: 1) the name of the health care coverage provider(s); 2) any applicable identification
numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a
description of any restrictions on usage, such as prior approval for hospital admissions, and the manner
of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all
deductibles and co-payments; and 8) five copies of any claim forms.
This Order shall become final ten days after the mailing of the notice of the entry of the Order to the
parties unless either party fries a written demand with the Prothonotary for a hearing de novo before
the Court.
DRO: R. J. Shada~y
Mailed copies on
8-29-02 to: <
P~tion~r
Sandra Meilton, Esquire
Diane Baker, Esquire
BY THE COURT,
Edward E. Guido
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsylvania /~/,i¥__~.~ .6-.127/,~)~./r~,~--~
Co./City/Dist. of CLTMBERLAND
Date of Order/Notice 08/28/02 ~ ~ / ~ ~
CourffCase Number (See Addendum for case summary)
EmployerANithholder's Federal EIN Number
SIGNET ARMORT'ITE
Employer/Withholder's Name
1001 ARMORLITE DR
E mpJoyer/WithhoJder's Address
SAN MARCOS CA 92069-1431
(~ Original Order/Notice
C) Amended Order/Notice
C) Terminate Order/Notice
RE: KENT, RALPH G. JR
Employee/Obligor's Name (Last, First, MI)
174-38-8009
Employee/Obligor's Social Security Number
5970000284
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names associated wi~h cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependen~ names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CLIMI3ER~"TD County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 192.00 per month in current support
$ 58.00 per month in past-due support Arrears 12 weeks or greater? (~)yes C) no
$' 0.00 per month in medical support
$ 0.0o per month for genetic test costs
$ per month in other (specify)
for a total of $ 250.00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order, If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 5?. 69 per weekly pay period.
$ 3:15.38 per biweekly pay period (every two weeks).
$ 125. oo per semimonthly pay period (twice a month).
$ 250. oo per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See/49 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-95§0 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
BY THE COURT:
Date of Order:
AUO 2 9 200g
Service Type M
Form EN-028
aNo.:0,70~,sa Worker ID $IATT
~ ration Date: , 2,31,00
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
[] If checked you are required to provide a copy of this form to your employee.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If them are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obli§or's income in a single payment
to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to
each employee/obligor.
__. ~_._ ~ ...., ...... ,__,~ ....... ~ ...... ,- .................... '--'~ '--- th~ ---'~,,,~,,,,y~ .............. ~ ,,,~. You must comply with the law ofthe
Y"Y'~"'="~°'~ ...... '~ ~ .....= '~°'= ~' ...... ' .... '~'~"" "°~ "'" ..... '~ "~' to the time periods within which you must implement the
state of the employee's/obliger's principal place of employment with respect
withholding Order and forward the support payments.
4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/NotiCe to Withhold Income for Support
against this employee/obligor and you are unableto honor all support Order/NOtices due to Federal or State withholding limits, you must
follow the law of the state of employee's~obliger's principal place of employment. You must honOr all Orders/Notices to the greatest
extent possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for
you. Please provide the information requested and return a copy of this OrdedNotice to the Agency identified below.
WITHHOLDER'S ID: 9531554690
EMPLOYEE'S/OBLIGOR'SNAME: KENT, RALPH G. JR
EMPLOYEE'S CASE IDENTIFIER: 59700002B~ DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should
have withheld from the employee/obliger's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs
unless the obligor is employed in another State; in which Case the law of the State in which he or she is emplOyed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding.
Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is
employed governs. ·
9.* Withholding Limits: 'You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.S.C. §167:3 (b)l; or 2) the amounts allowed by the State of the employee's~obliger's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes.
10.
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
Requesting Agency:
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225
by FAX at ~3~/L2~Q:~--- or
by Internet @
or
Service Type M
Page 2 of 2
OMB NO.: 09~0-0154
Expiration Date: 12/31/00
Form EN-028
Worker ID $IATT
ADDENDUM
Summary of Cases on Attachment
Defendant~Obligor: KENT, RALPH G. JR
PACSES Case Number 527104652~/~ PACSES Case Number
Plaintiff Name Plaintiff Name
SUSAN M. KENT
Docket. Attachment Amount
02-3033 CIVIL $ 250.00
ChiJd(ren)'s Name(s): DOB
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s):
DOB
[] If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
[] f checked you are requ red to enroll the child(ren)
dent f ed above n any health insurance coverage available
through the emp oyee s/ob igor s emp oyment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s):
DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s):
DOB
[] If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
[] f checked you are requ red to enroll the child(ren)
dentified above in any health insurance coverage available
through the employee's/obi gor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s):
DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s):
DOB
[] if checked, you are required to enroll the child(ren)
dentified above in any health insurance coverage available
through the employee's/ob igor's employment.
[] If checked, you are required to enroll the child(mn)
dentified above in any health insurance coverage available
through the employee's/obligor s employment.
Service Type M
Addendum
OMB No.: 09704)154
Expiration Date: 12/31/00
Form EN-028
Worker ID $IATT
SUSAN M. KENT,
Plaintiff/Petitioner
VS.
RALPH G. KENT, JR.,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 2002-3033 CIVIL TERM
IN DIVORCE
DR~ 31863
Pac~e~ 527104652
DEMAND FOR HEARING
DATE OF ORDER: August 28, 2002
AMOUNT: $192.00 per month plus $58.00 on arrears
FOR: Alimony Pendente Lite
REASON(S):
Conference Officer failed to properly calculate Defendant's earnings.
Conference Officer failed to deduct his current alimony from his net
income.
Conference Officer incorrectly included his car allowance as income.
ARING:
Signature Date
Diane S. Baker,~E~quire
27 S. Arlene Street
P.O. Box 6443
Harrisburg, PA 17112-0443
(717) 671-9600
Attorney for Defendant, Ralph G. Kent, Jr.
September 3, 2002
SUSAN M. I~NT,
Plainfiff~etitioner
VS.
RALPH G. K~NT, JR.,
DefendantfRespondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 2002=3033 CIVIL TERM
IN DIVORCE
DR~ 31863
Pacses~ 527104652
DEMAND FOR HEARING
DATE OF ORDER: August 28, 2002
AMOUNT: $192.00 per month plus $58.00 on mTeo~
FOR: Alimony Pendente Lite
REASON(S):
Plaintiff was not p~ov~d~d w~h ~p~ ~f ~h~ ~f~re~ce n~es to
verify the accuracy of ~h~ ~a~111~n~- ~h~e~re: thi~ a~peal
is being taken as a protective measure until Plaintiff and herl:counsel
review the Conference Officer's decision.
PARTY FILING DEMAND FOR HEARING:
'Signature 7 Date
Count?, pe~S~lvaniz
CaSe ~um~r
03_3033 C~gl'I~
5~g3.0&652'
PACSES Case Number: 527104652
If you fail to appear for the conference/hearing or to bring the required documents, the
court may issue a warrant for your arrest or enter an order in your absence. If paternity is an
issue, the court may enter an order establishing paternity.
An appropriate order may be entered against either party based upon the evidence
presented without regard to which party initiated the support action.
Date of Order:
BY THE COURT:
JUDGE
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND
REPRESENT YOU. 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 MAY GET LEGAL HELP:
CUMBERLAND CO BAR ASSOCIATION
2 LIBERTY AVE
CARLISLE PA 17013-3308-02
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Ct~ERY_a~ND County is required by law to
comply with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having business
before the court, please contact our office at: (717) 240-6225 · All arrangements must be
made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled hearing.
Page 2 of 2 Form CM-509
Service Type M Worker ID 21302
In the Court of Common Pleas of CUMBERLANO County, Pennsylvania
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013
Defendant Name: P,~.~PH c. Z~.NT JR
Member ID Number: 5970000284
Please note: All correspondence must include the Member ID Number.
ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS
Financial Break Down of Multiple Cases on Attachment
PACSES Docket
Plaintiff Name Case Number Number
SUSAN M. KENT %_~/O~ 527104652 02-3033 CIVIL
Attachment Amount/Frequency
/MONTH
250.00 1
/
TOTAL ATTACHMENT AMOUNT: $ 25 o. 00
Now, by Order of this Court, the Department of Labor and IndustE¢, Bureau of Unemployment
Compensation Benefits and Allowances (BUCBA), is hereby directed tO attach the lesser of $ 5 7.6 9
per week, or 5 5 %, of the.Unemployment Compensation benefits otherwise payable to the Defendant,
RALPH O. KENT JR Social Security Number 174-38-8009 , Member
ID Number 5970000284 . BUCBA is ordered to remit the amount attached to the Department of Public
Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this
Court for support and/or support arrearages.
If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for
support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total
amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673
(b)(2) and 23 Pa. C.S.A. § 4348 (g).
This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in
effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for
Benefits dated NOVEMBER 4, 2 0 01 is exhausted, expired or deferred.
BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court.
All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this
Court.
BY THE COURT
Date of Order:
SEP 2 6 2002
JUl)GE
Service Type M
Form EN-530
Worker ID $IATT
SUSAN M. KENT,
Plaintiff
RALPH G. KENT, JR.,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 02-3033 Civil
:IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
Plaintiff withdraws her claim for alimony pendente lite filed as part of the Complaint
in Divorce docketed to the above term and number on June 25, 2002.
Dated:
,2002
No. 32551
TUCKER ARENSBERG & SWARTZ
P.O. Box 889
Harrisburg, PA 17108
(717) 234-4121
Attorney for Plaintiff
53809.1
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
sUSAN M. KENT
vS.
RALPH G. KENT JR
Plaintiff
Defendant
) Docket Number
)
) PACSES Case Number
)
) Other State ID Number
02-3033 CIVIL
527104652
CONSENT ORDER
AND NOW, to wit on this 29TI-I DAY OF OCTOBER, 2002 IT IS HEREBY
ORDERED that the O Complaint for Support or O Petition to Modify or (~) Other
filed on june 25, 2002 ill the above captioned
Complaint for APL
matter is dismissed without prejudice due to:
Plaintiff withdrawing her claim for alimony pendente lite.
0 The Complaint or Petition may be reinstated upon written application of the plaintiff
petitioner.
Consented:
Date
Plaintiff Signature
Date
Se~i~ Type M
Defendant Signature
BY THE COURT:
JUDGe;
Form OE-505
Worker ID 21302
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013
Phone: (717) 240-6225 Fax: (717) 240-6248
Defendant Name: Rk~PH C. KENT JR
Member ID Number: 5970000284
Please note: All correspondence must include the Member ID Number.
ORDER TO VACATE ATTACHMENT OF UNEMPLOYMENT BENEFITS
Financial Break Down of Multiple Cases on Attachment
PACSES Docket
.Plaintiff Name Case Number Number
p, teae~hment Amount/Frequency
/~o~
250.00 ¢
/
/
TOTAL ATYACHMENT AMOUI~f: $ o. oo
The prior Order of this Court directing the Department of Labor and Industry, Bureau of
Unemployment Compensation Benefits and Allowances (BUCBA), to attach $ o. oo
or 50 % per week of the Unemployment Compensation benefits of
RALPH G. KENT JR , Social Security Number 174-38-8009 ,
Member ID Number 5970o00284 is hereby vacated.
This Order to Vacate shall be effective upon receipt of the notice of the Order by the
Department and shall remain in effect until a further Order of the Court is filed.
BY THE COURT
Date of Order:
Service Type M
NOV 0 4 ~0~.2 ·
JUDGE
Form EN-035
Worker ID $IATT
ORDER/NOTICE TO WITHHOLD INCOMI: FOR SUPPORT
State Commonwealth of Pennsvlvani~ /~
Co./Cia/Dist. of
Date of Order/Notice 11/01/02
Tribunal/Case Number (See ASSenSum for case
O Original Order/Notice
O Amended OrdedNotice
(~ Terminate Order/Notice
EmployerANithholder's Federal EIN Number
SIGNET ARMORLITE
1001 ARMORLITE DR
SAN MARCO$ CA 92069-1431
RE: KENT, RALPH G. JR
Employee/Obligor's Name (Last, First, MI)
1'/4 -38-8009
Employee/Obligor's Social Security Number
5970000284
Employee/Obligor's Case Identifier
(See Addendum for plaintiff aaraes
associated wi~h cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachmenL
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ o. o0 per month in current support
$ 0.00.per month in Past-due support Arrears 12 weeks or greater? Oyes (~) no
$ 0. o0 per month in medical support
$ 0.00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 0. O0 per month to be forwarded to payee below.
You do not have to vary your pay cycle t° be in compliance With the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 0.0o per weekly pay period.
$ o, 0o per biweekly pay period (every two weeks).
$ 0.00 per semimonthly pay period (twice a month).
$ 0.00 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #10 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement unit (SCDU) EmPlOyer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisbur:g, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
Date of Order:
NOV 0 4 2002
OMB NO.: 0970-O154
Service Type M
BY T.I: COURT:
Form £N-028
Wor~er ID $-r~
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
[] I.f.~hecke.d you. are requ.ired to prov. idea ~:opy of this form. to your~mployee. Ifyo r employe~, orks in a state.tha is
oi,erent trom the state that issued this oruer, a copy must be pr.0_v. Jaed to your emp~oryee even tt~e box s not che~ctked.
1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned
businesses located on a reservation that choose to withhold in accordance with this notice.
2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employee/obligor.
.................................................... ,,~,,,, -,~ ~,,,~,,~,y~=, ,,o~es. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding Order and forwardthe support payments.
5.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee/obligOr and you a~:e unable to honor all support Order/Notices due to Federal or Stal~e withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #10 below) ' ·
6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
WITHHOLDER'S ID: 9'531554690
EMPLOYEE'S/OBLIGOR'SNAME: KENT, RALPH G. JR
EMPLOYEE'S CASE IDENTIFIER: 5970000284 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
7. Lump Sum Payments: You may be required to report and Withhold from lump sum payments such as bonuses, Commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you ~shoutd have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment,
refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
10.* Withholding Limits: You may not withhold more than the lesser of: 1 ) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.S.C. §1673 (b)l; Or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes.
11. Additional Info:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
Submitted By:
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
.CARLISLE PA 17013
If you or your eml~loyee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at .(71 ;9 240-6225 or
by FAX at ~1~ 2~_.62_4_0.._ or
by internet www. childsupport.$tate.pa.us
Page 2 of 2 Form EN:028
Service Type M
o~4~ No.: 09z0-o,.s4 Worker ID $ TATT
SUSAN M. KENT,
Plaintiff/Respondent
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : NO. 02-3033 crvII, TERM
:
RALPH G. KENT, JR., : CIVIL ACTION - t,AW
Defendant/Petitioner : IN DIVORCE
DEFENDANT'S PETITION FOR SPECIAL
RELIEF PURSUANT TO Pa. R.C.P,, 1920.43
AND NOW, comes the Defendant/Petitioner, RALPH G. KENT, JR., by and
through his attomey, Diane S. Baker, Esquire, and avers as follows:
1. Petitioner is Ralph G. Kent, Jr., Defendant in the above-captioned divorce
2. Respondent is Susan M. Kent, Plaintiff in the above-captioned divorce
action. Respondent is represented by Sandra L. Meilton, Esquire.
3. The parties were married on September 19, 1998 and separated on May 9,
2002.
4. At the time of separation, Respondent took: possession of a 2002 Hyundai
Sonata and has had continuous possession of said vehicle since separation, which is titled
in her name.
5. At the time of separation, Petitioner took possession of a 2000 Chrysler
Cirrus and has had continuous possession and use of said vehicle, which is titled jointly.
The aforementioned 2000 Chrysler Cirrus has high mileage, is out of warranty, and is in
need of replacement as Petitioner utilizes the vehicle extensively for his employment.
6. Petitioner believes and therefore avers that the trade-in value of said 2000
Chrysler Cirrus is Four Thousand Three Hundred Ten ($4,3.10.00) Dollars. The loan on
the vehicle is approximately Ten Thousand ($10,000.00) Dollars, and therefore, the
vehicle has significant negative equity.
7. Petitioner is desirous of trading in the vehicl[e on a new model and
absorbing the negative equity into a new vehicle loan.
8. Through counsel, Petitioner has requested that Respondent sign the
necessary documents at the car dealership in order to effectuate the trade-in, however, she
has refused to cooperate.
9. Through counsel, Petitioner has offered Re~;pondent the option of
assuming possession of the aforementioned 2000 Chrysler Cirrus and assuming
responsibility for the loan on said vehicle, however, Respondent has refused that
available option.
10. As a result, Petitioner is forced to drive an unsafe vehicle and make the
necessary payments on the vehicle because of Respondent's refusal to sign the necessary
papers. Petitioner requests this Honorable Court issue a Rule upon the Respondent to
show cause why she should not be required to cooperate and allow Petitioner to trade in
the 2000 Chrysler Cirrus and obtain reliable transportation and a loan for which he will
be solely responsible.
11. As a result of Respondent's unreasonable refusal to cooperate with the
trade-in, Petitioner has incurred attorney's fees in the amount of Three Hundred
($300.00) Dollars to date for correspondence with counsel and filing of the within
Petition.
WHEREFORE, Petitioner, Ralph G. Kent, Jr., respectfully requests this
Honorable Court issue a Rule upon the Respondent to show cause why she should not be
required to sign the title for the 2000 Chrysler Cirrus and why she should not be required
to pay Pet~Uoner s attorney s fees in the amount of Three Hundred ($300.00) Dollars as
of the filing of this Petition.
DATE:
Respectfully ~'~ ~/~
I.D. No. 53200
27 South Arlene Street
P.O. Box 6443
Harrisburg, PA 17112-0443
(717) 671-9600
VERIFICATION
I verify that the statements made in this Petition for Special Relief 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 unswom falsification to authorities.
RALPH G. KENT, JR.
CERTIFICATE OF SERVICE
correct copy of the Petition for Special Relief was served on the following person by United
States Mail, postage prepaid, addressed as follows:
Sandra L. Meilton, Esquire
Tucker, Arensberg & Swam:
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
;. Baker, Esquire
Supreme Corot ID 53200
27 South Arlene Street
Post Office Box 6443
Harrisburg, PA 17112-0443
(717) 671-9600
SUSAN M. KENT,
Plaintiff/Respondent
Vo
RALPH G. KENT, JR.,
Defendant/Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02-3033 CIVIL TERM
:
: CIVIL ACTION- LAW
· IN DIVORCE
RULE
AND NOW, this ~~day of ~ ,2002, upon
consideration of Defendant's Petition for Special Relief, a Rule is issued upon the
Plaintiff/Respondent, SUSAN M. KENT, to show cause why she should not be directed
to sign the title for the 2000 Chrysler Cirrus and why she should not be required to pay
Dollars.
Petitioner attorney's fees in the amount of )
J.
SUSAN. M. KENT,
Plaintiff
RALPH G. KENT, JR.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-3033 CIVIL TERM
CIVIL ACTION- DIVORCE
CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of subpoena for documents and things pursuant to Rule
4009.22, Plaintiff certifies that:
(1) a notice of intent to serve the subpoena with a copy of the subpoena attached
thereto was mailed or delivered to each party at least twenty days prior to the date on which
the subpoena is sought to be served;
(2) a copy of the notice of intent, including the proposed subpoena, is attached to this
certificate;
(3) no objection to the subpoena has been received:; and
(4) the subpoena which will be served is identical to the subpoena which is
attached to the notice of intent to serve the subpoena.
Respectfully submitted,
TUCKER ARENSBERG. P.C.
Dated:
'/'-Sandra L. Meilt~n.
Attorney I.D. #32551
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
Attorneys for Plaintiff
58046.1
SUSAN. M. KENT,
Plaintiff
RALPH G. KENT, JR.,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-3033 CIVIL TERM
CIVIL ACTION- DIVORCE
NOTICE OF INTENT TO SERVE A SUBPOENA TO
PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.21
continental U.S. Verison Custodian of Records
P.O. Box 1001
MC - TXD01631
San Angelo, TX 76902
Copies of all wireless telephone
monthly billing statements/records
for Ralph G. Kent, Jr., 107 E. Allen
Street, Townhouse #4,
Mechanicsburg, PA 17055
(Telephone No. 717-514-0016)
from 1/1/2000 to the present date
TO:
Diane S. Baker, Esquire
P.O. Box 6443
Harrisburg, PA 17112
Sandra L. Meilton, on behalf of Plaintiff, Susan M. Kent, intends to serve a
subpoena identical to the one that is attached to this Notice. You have twenty (20) days
from the date listed below in which to file of record and serve upon the undersigned an
objection to the subpoena. If no objection is made, the subpoena will be served.
Respectfully submitted,
TUCKER ARENSBERG & SWARTZ
Dated:
By:
Attorney I.D. #32551
111 North Front Street
P.O. Bo): 889
Harrisburg, PA 17108-0889
(717) 234-4121
Attorneys for Plaintiff
57982.1
~TH OF pENNSYL~
COONTY OF ~
Fi le Nc,.
:
SUBPOENA TO PROOOCE DOCENTS .C(R THINQS
FC~R DISOOVERY PURSUANT TO RULE 4009.22
to: _Continental U.S. Verizon Custodian of Records
(Name of Person o~ Entity)
within twenty (20) days after service Of this subpoena, you are c~de~ed b~ the court to
~xiuce the following docunents or things: Copies of all wireless telephone monthly
billing statements/records for Ralpt~ G. Kent, Jr., 107 E. A~en Street,
Townhouse #4, Mech~nlcsburg, PA 17055 (Telephone No. 717,514-0016) from
1-/-i-~20OU to the present dane.
at 1~1--~. Front St., P_O Bm~ ggq: Ha:~k_17108
(Address)
You may de;iv~ ~ ~il l~ible ~ies of the m~ts ~ pr~uce ~ngs e~es~ by
this su~, ~e~ wi~ the c~tifi~te of ~li~ce, ~ the p~ty ~inB this
r~est at ~e ad~ss l ~t~ ~ve. Y~ have the ~t ~ s~k in adv~e the ~eas~le
cost of pm~i~ ~e ~ies ~ producing the things
If y~ fail ~ pm~c~ ~e ~ts ~ ~ings ~ir~ by ~is s~ within tw~ty
(20) ~ys af~ iks s~vi~, ~e p~ty s~ving this s~',m tomy s~k a ~J~t ~d~'
~ellir:g y~ ~ ~,wly wi~ it.
~IS ~ WAS I~ AT ~ RE. ST ~ ~ F~L~I~ PER~: J
~: Sa~dra L..Meilton. Esqui=e
~ESS:~ Front Street. P,O. Box 889 Harrisburg PA ~7108
~P~E: 717-234-4~21
~R~ ~T ~D ~ 32551
)ATE: .... ~ ~~~)
Seal of the Ooo~t
BY TI~
Pr-othor~otary/OlerkZ'/, Civi 1 Division
(Eff. 7'/97 )
CERTIFICATE OF SERVICE
AND NOW, this /~''/~
day of i _, 2003, I, Gloria M. Rine,
Paralegal to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg & Swartz,
hereby certify that I have this day served a copy of tl~e within document, by mailing
same by first class mail, postage prepaid, addressed as follows:
Diane S. Baker, Esquire
P.O. Box 6443
Harrisburg, PA 17112
Gloria M. Rine
57982.1
CERTIFICATE OF SERVICE.
J ~ ~:)c~ ~::~'~' 2003, Gloria
AND NOW, this day of ,
M. Rine, for the firm of TUCKER ARENSBERG, P.C., attorneys for Plaintiff, hereby certify
that I have this day served the within document by depositing a copy of the same in the
United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows:
Diane S. Baker, Esquire
P.O. Box 6443
Harrisburg, PA 17112
Gloria M. Rine
MARITAL SETTLEMENT AGREEMENT
day of ff ~ , 2003, by and between
SUSAN M. KENT, hereinafter referred to as "Wife", and RALPH G. KENT, JR.,
hereinafter referred to as "Husband".
WITNESSETH:
WHEREAS, thc parties hereto are Husband and Wife, having been married on
September 19, 1998, and there are no children bom of the marriage;
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between
thc parties, and it is the intention of Wife and Husband to live separate and apart for the rest of
their natural lives, and the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other, including, without limitation
by specification: the settling of all matters between them relating to the ownership of real and
personal property, the equitable distribution of such property; the settling of all matters between
them relating to the past, present and future support 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 of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable considerations,
receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each
intending to be legally bound hereby, covenant and agree as follows:
1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This
Agreement shall not be considered to affect or bar the right of Wife or Husband to a 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 a
condonation on the part of either party hereto of any act or acts on the part of the other party
which have occurred prior to or which may occur subsequent to the date hereof.
2. 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. It is the intent of the
parties hereto that this Agreement shall create contractual rights and obligations entirely
independent of any Court Order and that this Agreement may be enforced by contract remedies in
addition to any other remedies which may be available pursuant to the terms of this Agreement or
otherwise under law or equity.
3. .AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The
parties agree that the terms of this Agreement shall be incorporated, but not merged, into any
divorce decree which may be entered with respect to them. The parties further agree that the
Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction
over the parties and the subject matter of the Agreement for the sole purpose of enforcement of
any of the provisions thereof and not for modification of the Agreement.
2
4. DATE OF EXECUTION. The "date of execution" or "execution date" of this
Agreement shall be defined as the date upon which it is executed by the parties if they have each
executed the Agreement on the same date. Otherwise, the "date of execution" or "execution
date" of this Agreement shall be defined as the date of execution by the party last executing this
Agreement.
5. ADVICE OF COUNSEL. The provisions of this Agreement and their legal
effect have been fully explained to Husband by his attorney, Diane S. Baker, Esquire, and to
Wife by her attorney, Sandra L. Meilton, Esquire. The parties acknowledge that they fully
understand the facts and they acknowledge and accept that this Agreement is, in the
circumstance, fair and equitable and that it is being entered into freely and voluntarily 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. The parties further
acknowledge that they have each made to the other a full and complete disclosure of their
respective assets, estate, liabilities, and sources of income and that they waive any specific
enumeration thereof for the purposes of this Agreement. Each party agrees that he and she shall
not, at any furore time, raise as a defense or otherwise the lack of such disclosure in any legal
proceeding involving this Agreement, with the exception of disclosure that may have been
fraudulently withheld.
6. PERSONAL RIGHTS. Wife and Husband, at all times hereafter, may and shall
live separate and apart. They shall be free from any control, restraint, interference or authority,
direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his
or her separate use or benefit, conduct, carry on and engage in any business, occupation,
profession or employment which to him or her may seem advisable.
7. SUBSEQUENT RECONCILIATION. The parties agree that the terms of this
Agreement shall not be affected by their subsequent co-habitation or resumption of marital
relations, unless the parties otherwise specifically agree in writing.
8. MUTUAL RELEASES. Husband and Wife each do hereby mutually remise,
release, quitclaim and forever discharge the other and the estate of the other, for all time to come,
and for all purposes whatsoever, of and from any and all rights, title and interests, 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 or wheresoever situate, which he or she now
has or at any time hereafter may have against the other, the estate of the other or any part thereof,
whether arising out of any former acts, contracts, engagements or liabilities of the other or by
way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's
rights, family exemption or similar allowance, or under the intestate laws, or the right to take
against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary,
or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether
arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the
United States, or (c) any other country, or any rights which either party may have or at any time
hereafter shall have for past, present or future support or maintenance, alimony, alimony
pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the
marital relation or otherwise, except, all rights and agreements and obligations of whatsoever
4
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, 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 provision thereof. It is further agreed that
this Agreement shall be and constitute a full and final resolution of any and all claims which each
of the parties may have against the other for equitable division of property, alimony, counsel fees
and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce
Code or the divorce laws of any other jurisdiction.
9. DATE OF SEPARATION. The parties agree that for the purpose of
equitable distribution the date of separation of the parties was May 9, 2002.
10. RETIREMENT ACCOUNTS AND PENSION PLANS. Wife and Husband
hereby release and waive any and all interest, claim, or right that she or he may have to any and
all retirement benefits (including pension or profit sharing benefits) or similar benefits of the
other party.
11. PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they
have divided their tangible personal property, including, but without limitation, jewelry, clothes,
pets, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books,
works of art and other personal property in as equitable a manner as possible. All such property
currently in possession of Husband shall become the sole and exclusive property of Husband
5
except the bedroom dresser which shall be transferred to Wife. All such property currently in
possession of Wife and the bedroom dresser now in possession of Husband shall become the sole
and exclusive property of Wife. Wife shall be responsible for transportation of the dresser to her
residence and shall do so by utilizing an independent ~ unrelated) private moving contractor at her
own expense. The parties do hereby specifically wmve, release, renounce and forever abandon
whatever claim, if any, he or she may have with respect to the above items which shall become
the sole and separate property of the other.
12. AFTER-ACQUIRED PERSONAL PROPERTY. Each of the parties shall
hereafter own and enjoy, independently of any claim or right of the other, all items of personal
property, tangible or intangible, hereafter acquired by him or her, 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.
13. AUTOMOBILES. The parties are the owners of a 2003 Hyundai Sonata, which
shall become the sole and separate property of Wife who shall be solely responsible for the debt
on said vehicle with Waypoint Bank and shall indemnify and hold Husband harmless therefrom.
The parties agree that they have no other jointly owned motor vehicles. Any individual motor
vehicles owned by the parties shall become the sole and separate property of the party in whose
name the vehicle is currently titled and both parties waive any rights they may have to the
vehicles of the other.
14. BANK ACCOUNTS. The parties agree that all joint bank accounts have
already been closed and divided to the satisfaction of the parties and they have no remaining joint
bank accounts. Any individual accounts owned by the parties shall become the sole and separate
property of the party in whose name the account is currently titled and both parties waive any
rights they may have to the bank account(s) of the other.
15. ETRADE ACCOUNT The parties are the owners of an Etrade stock
account, account number ending in 4893, which shall become the sole and separate property of
Wife. Husband shall sign all documents necessary to effectuate the transfer upon request. Wife
shall be solely responsible for any transfer fees and taxes owed as a result of ownership of the
account.
16. MORGAN STANLEY ACCOUNT. The parties are the owners of an
investment account with Morgan Stanley, account number ending in 994 063 with an
approximate value of $7,000. The parties agree that this account shall be liquidated and the
proceeds divided equally between the parties. Both parties shall be equally responsible for any
transfer fees and taxes owed as a result of liquidation of the account.
17. MULLIGAN ESTATE DEBT. During the course of the marriage the parties
received approximately $50,000 from Wife's father, William O. Mulligan which was transferred
by Mr. Mulligan into the Morgan Stanley stock account referenced in Paragraph 16 of this
Agreement. Mr. Mulligan is now deceased and the nature of these gifts/loans had been disputed
by his Estate. The parties acknowledge that the Estate had demanded from them repayment of
the sum of $50,000 and Husband and Wife had disputed any liability. The Estate of William O.
Mulligan, Husband and Wife have reached an agreement with regard to this liability. Wife has
signed a Settlement and Release Agreement attached hereto as Exhibit "A" and Husband shall
sign said Agreement on or before December 30, 2003. The terms of the attached Agreement
shall be binding on the parties as it pertains to the divorce, specifically the debt issue shall be
resolved as set forth in the attached Agreement and Husband and Wife hereby release, remise,
quitclaim and forever discharge the other party, their heirs, assigns or representatives, of and
from any and all manner of actions, cause and causes of action, suits, debts, accounts, contracts,
claims and counterclaims, demands, costs, damages, losses or liabilities (hereafter referred to as
"Claims") of every nature or description whatsoever, in law or in equity, under common law,
state law, federal law or otherwise, whether known or unknown, suspected or unsuspected,
foreseen or unforeseen, actual or potential, which Husband or Wife ever had, now has or may
have, against the other, for, upon or by reason of, any matter, cause of thing whatsoever, from the
beginning of the world to the date of this Agreement. Husband and Wife understand and agree
that the claims so released and discharged include, but are not limited to, any claim which was or
could have been asserted against the other as a result of the dispute arising from and/or relating to
the debt issue referenced in the attached Agreement as Exhibit "A".
18. .CURRENT LIABILITIES. Except as set forth elsewhere in this
Agreement, the parties agree that there are no joint debts. All remaining debts accumulated
during the marriage or post-separation are in the sole and separate name of the individual parties
and shall become the sole and separate responsibility of the named party.
19. WARRANTY AS TO EXISTING OBLIGATIONS. Each party represents that
they have not heretofore incurred or contracted for any debt or liability or obligations for which
the estate of the other party may be responsible or liable, except as may be provided for in this
Agreement. Each party agrees to indemnify and hold the other party harmless for and against any
and all such debts, liabilities or obligations of every kind which may have heretofore been
incurred by them, including those for necessities, except for the obligations arising out of this
Agreement.
20. WARRANTY AS TO FUTURE OBLIGATIONS. Wife and Husband each
covenant, warrant, represent and agree that, with the exception of obligations set forth in this
Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of
the other may be liable. Each party shall indemnify and hold harmless the other party for and
against any and all debts, charges and liabilities incurred by the other after the execution date of
this Agreement, except as may be otherwise specifically provided for by the terms of this
Agreement.
21. LIFE INSURANCE. All life insurance policies owned by the parties shall
become the sole and separate property of the party in whose name the policy is in and both
parties specifically waive any rights which they may have to said policies by virtue of having
been a named beneficiary thereon.
22. PAST DUE TAXES. The parties have heretofore filed joint Federal and
state tax 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 and any interest, penalty and expense incurred in connection therewith.
Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is
9
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.
23. BANKRUPTCY. It is hereby understood and agreed by and between the
parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy
proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy.
Both parties warrant that he/she has not heretofore instituted any proceedings pursuant to the
bankruptcy laws nor are there any such proceedings pending with respect to him/her which have
been initiated by others.
24. WAIVER OF PAYMENT OF LEGAL FEE~ Wife shall be responsible for
payment of her legal fees. Husband shall be responsible for payment of his legal fees.
25. ALIMONY~ ALIMONY PENDENTE LITE AND SPOUSAL SUPPORT.
Including the benefits provided for in this Agreement, Husband and Wife each have sufficient
property and/or income to provide for his or her reasonable needs. Therefore, notwithstanding
any provision in the Divome Code to the contrary, and except as otherwise specifically set forth
in this Agreement, Wife and Husband expressly waive, discharge and release any and all rights or
claims which he or she may have, now or hereafter, by reason of the parties' marriage, to
alimony, alimony pendente lite, support, maintenance and/or any other such benefits resulting
from the parties' status as husband and wife. Both parties shall withdraw any claims for alimony,
alimony pendente lite, support, maintenance and/or any other such benefits now pending.
26. ~EALTItCARE COVERAGE. Both parties acknowledge that, effective the
date of entry of a Decree in Divorce, it shall be their individual responsibility to provide their
10
own medical insurance coverage. To the extent medical insurance coverage is affected by
marital status, it shall be the individual responsibility of Husband and Wife to immediately notify
his or her employer of the change in marital status.
27. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS The
parties hereby agree and express their intent that any transfer of property pursuant to this
Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984
hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of
property between spouses and former spouses. The parties agree to sign and cause to be filed any
elections or other documents required by the Internal Revenue Service to render the Act
applicable to the transfers set forth in this Agreement without recognition of gain on such
transfers and subject to the carry-over basis provisions of the said Act. In the event that there is a
transfer tax assessed then said tax shall be the responsibility of the party receiving the property.
28. MUTUAL CONSENT DIVORCE. The parties agree and acknowledge that
their marriage is irretrievably broken, that they do not desire additional marital counseling, and
that they both consent to the entry of a decree in divorce pursuant to Section 3301(c) of the
Pennsylvania Divorce Code, Act 26 of 1980, as may be amended (herein referred to as the Code).
Wife has filed a complaint in divorce captioned at Cumberland County No. 02-3033. Both
parties agree to execute and immediately deliver to their attorney, such consents, affidavits of
consent, or other documents and to direct their respective attorneys to file such consents,
affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce
pursuant to said Section 3301(c) of The Code. Upon request, to the extent permitted by the law
11
and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall
execute any waivers of notice or other waivers necessary to expedite such divorce.
29. 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.
30. MUTUAL COOPERATION. Each party shall, at any time and from time to
time hereinafter, 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.
31. LAWS OF PENNSYLVANIA APPLICABLE. This Agreement shall be
construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect
as of the date of execution of this Agreement.
32. AGREEMENT BINDING 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. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they
will forthwith (and within at least ten (10) days after demand therefor) execute any and all
written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as
may be necessary or desirable for the proper effectuation of this Agreement.
12
34. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and
effect unless and until terminated under and pursuant to the terms of this Agreement. The failure
of either party to insist upon strict performance of any of the provisions of this Agreement shall
in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any
default or breach of any provision hereof be construed as a waiver of any subsequent default or
breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of
any other obligations herein.
35. ENTIRE AGREEMENT. This Agreement contains the entire understanding of
the parties, and there are no representations, warranties, covenants or undertakings other that
those expressly set forth herein. The parties further acknowledge that any previous agreements
between them are incorporated herein.
36. ENFORCEMENT OF AGREEMENT. If either party breaches any provision of
this Agreement, the other party shall have the right, at his or her selection, to sue for damages for
such broach or to require specific performance. The party breaching this Agreement shall be
responsible for payment of legal fees and costs incurred by the other party in enforcing their
rights under this Agreement or for seeking such other remedies of relief as may be available to
him or her.
37. SEVERABILITY. If any term, condition, clause or provision of this Agreement
shall be determined or declared to be void or invalid in law 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
13
failure of any party to meet her or his obligations under any one or more of the paragraphs herein,
with the exception of the satisfaction of the conditions precedent, shall, in no way, void or alter
the remaining obligations of the parties.
38. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text
of the several paragraphs and subparagraphs hereof are inserted solely for convenience of
reference and shall not constitute a part of this Agreement, nor shall they affect its meaning,
construction or effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and
year first above written.
RAL?
H G. KENT, JR.
14
COMMONWEALTH OF PENNSYLVANIA :
:SS.
COUNTY OF DAUPHIN :
On this, the/~day of ~,r_-'t'/~-~ ,2003, before
me a Notary Public of the
Commonwealth of Pennsylvania personally appeared SUSAN M. KENT known to me to be the
person whose name is subscribed to the within Agreement and acknowledged that she executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
COMMONWEALTH OF PENNSYLVANIA :
:SS.
COUNTY OF DAUPHIN :
I~ Comml~lon F. xpi~ Nov 5. MM7
On this, the ~,L day of '"~'c etl4{~,~ , 2003, before me, a Notary Public for the
Commonwealth of Pennsylvania, personally appeared RALPH G. KENT, JR. known to me to be
the person whose name is subscribed to the within Agreement and acknowledged that he
executed the same for the purposes therein contained.
1N WITNESS WHEREOF, I have herennto set m_j h~,d and official seal.
64889.1
SE'rFLEMENT AND RELEASE AGREEMENT
This Settlement and Release Agreement ("Agreement") is made and entered into as
of thisday of November, 2003, by and among the Estate of William O. Mulligan,
H. Arnold Gefsky, Executor ("Estate"); Ralph Kent ('Ralph') and Susan Kent ("Susan").
WHEREAS, William O. Mulligan died testate on October 18, 2002; and
WHEREAS, pursuant to Article II of Mr. Mulligan's Last Will and Testament dated
January 29, 2000 ("WillU), Ralph was to receive the statues. sculptures, paintings, artifacts
and other personalty pertaining to Mr. Mulligan's Civil War collection; and
WHEREAS, during the course of administering the Estate, a dispute arose involving
a $50,000 debt, which the Estate claimed was owed by Ralph and/or Susan to the Estate
("Debt"); and
WHEREAS, the Estate, Ralph and Susan each deny any and all obligations of.
and/or liability to each other relating to this dispute; and ..
WHEREAS, the Estate. Ralph and Susan each now desire to avoid the expense,
inconvenience and distraction of litigation and have agreed as a compromise and
settlement and accord and satisfaction to settle all disputes under or arising out of the Will
and/or the Debt.
NOW THEREFORE, in consideration of the premises, and of the mutual covenants
and agreements of the parties, and intending to be legally bound hereby, the parties agree
as follows:
1. Contemporaneously with the execution and delivery of this Settlement
Agreement, the Estate shall deliver only the following items from the Civil War collection to
Ralph:
a.
b.
Miscellaneous Civil War books;
General Jackson under glass by Mort Kunsier;
Exhibit "A"
c. Robert E. Lee camp chest without the contents;
d. General Robert E, Lee on Traveler, bronze sculpture number 64 of
350 by Tunison;
e. History of Hampton's Battery (original edition) by William Clark;
f. Forrest Reunion Medal;
g. The Hope of the Confederacy number 1987 of 12500 by Harvey;
h. Robert E. Lee oil on canvas by N.Y. Pantig;
i. Stonewall Jackson oil on canvas by N.Y. Pantig;
j. Lee Deliberates Heth's Advance number 762 of 950 by Schmehl;
k. Forrest Takes a Hostage number 7 of 55 by Schmehl (artist's personal
proof, unframed).
The Estate Will retain all other items from the Civil War collection.
2. As consideration for the reduced distribution of the Civil War collection, the
Estate hereby agrees'to forgive and Waive its claim for collection of the Debt against Ral~
and/or Susan.
3. The Estate, on behalf of itself, its successors, assigns and representa[ives, as
a compromise and settlement and an accord and satisfaction, hereby releases, remises,
quitclaims, and forever discharges Ralph Kent and Susan Kent and their heirs, assigns or
representatives, of and from any and all manner of actions, cause and causes of action,
suits, debts, accounts, contracts, claims and counterclaims, demands, costs, damages,
losses or liabilities (hereafter referred to as "Claims") of every nature or description
whatsoever, in law or in equity, under common law, state law, federal law or otherwise,
whether known or unknown, suspected or unsuspected, foreseen or unforeseen, actual or
potential, which it ever had, now has or may have from the beginning of the world to the
date of this Agreement. The Estate understands and agrees that the Claims so released
2
and discharged include, but are not limited to, any claim which was or could have been
asserted as a result of the dispute arising from and/or relating to the Debt.
4. Ralph Kent, on behalf of himself and his heirs and assigns, as a compromise
and settlement and in accord and satisfaction, hereby releases, remises, quitclaims and
forever discharges the Estate, its successors, assigns and representatives thereof, of and
from any and all manner of actions, cause and causes of action, suits, debts, accounts,
contracts, claims and counterclaims, demands, costs, damages, losses or liabilities
(hereafter referred to as "Claims") of every nature or description whatsoever, in law or in'
equity, under common law, state law, federal law or otherwise, whether known or unknown,
suspected or unsuspected, foreseen or unforeseen, actual or potential, which he ever had,
now has or may have from the beginning of the world to the date of this Agreement. Ralph
understands and agrees 'that the Claims so released and discharged include, but are not
limited to, any claim which was or could have been asserted with respect to the Will, to the
bequest to Ralph under Article II of the Will, and/or as a result of the dispute adsing from
and/or relating to the Debt.
5. Ralph Kent, on behalf of himself and his heirs and assigns, as a compromise
and settlement and an accord and satisfaction, hereby releases, remises, quitclaims, and
forever discharges Susan Kent and her heirs, assigns, or representatives, of and from any
and all manner of actions, cause and causes of action, suits, debts, accounts, contracts,
claims and counterclaims, demands, costs, damages, losses or liabilities (hereafter referred
to as "Claims") of every nature or description whatsoever, in law or in equity, under common
law, state law, federal law or otherwise, whether known or unknown, suspected or
unsuspected, foreseen or unforeseen, actual or potential; which he ever had, now has or
may have, for, upon or by reason of, any matter, cause or thing whatsoever, from the
beginning of the world to the date of this Agreement. Ralph understands and agrees that
3
11/25/2003 1~:05 FAX 717 781 5308 HOff^Rg ~ANN~ ~005/007
the claims so released and discharged include, but are not limited to, any claim which was
or could have been asserted against Susan as a result of the dispute arising from and/or
relating to the Debt.
6. Susan Kent, on behalf of herself and her heirs and assigns, as a compromise
and settlement and an accord and satisfaction, hereby releases, remises, quitclaims, and
forever d!scharges Ralph Kent and his heirs, assigns, or representatives, of and from any
and all manner of actions, cause and causes of action, suits, debts, accounts, co~tracts,
claims and counterclaims, demands, costs, damages, losses or liabilities (hereafter referred
to as "Claims") of every nature or description whatsoever, in law or in equity, under common
law, state law, federal law or otherwise, whether known or unknown, suspected or
unsuspected, foreseen or unforeseen, actual or potential, which she ever had, now has or
may have, for, upon orby reason of, any matter, cause or thing whatsoever, from the
beginning of the wodd to the date of this Agreement. Susan understands and agrees that
the claims so released and discharged include, but are not limited to, any claim which was
or could have been asserted against Ralph as a result of the dispute arising from and/or
relating to the Debt,
7. Neither Ralph nor Susan, nor anyone claiming under, through or for them or
on their behalf will ever bdng, file, institute, commence, prosecute, complain, maintain or
recover upon, either directly or indirectly, any suit, charge, administrative proceeding,
arbitration proceeding, investigation or action at law or in equity against the other in any
court, agency or forum, state or federal, within the United States or elsewhere, to recover
for damages, injuries, losses, claims, expenses or liabilities of any kind or nature
whatsoever, whether directly or by way of subrogation, indemnification, contribution or
otherwise, which may have been suffered or sustained by either party, arising out of, by
4
11/25/2008 14:05 FAX
~1[ (~1 5~0~ HU~AHU HANNA
reason of, or in any manner connected with or related to the Debt, in the case of Ralph,
and/or the Will.
8. Nothing contained herein shall act as, constitute or be deemed an admission
of liability or a statement against interest by the Estate, Ralph or Susan.
9, The parties hereto agree that this Agreement is the written memorial of their
agreement and that there are no undertakings, understandings or conditions of any kind
related to the subject matter addressed herein which are not set forth in this Agreement.
10. This Agreement may not be modified, altered or amended except upon the
express written consent of the parties, The language of all parts of this Agreement, and any
ambiguities herein, shall in all cases be construed as a whole according to its fair meaning
and not stdctly for or against any of the parties. If any provision of this Agreement, or part
thereof, is held invalid, void or voidable as against public policy or otherwise, the invalidity
shall not affect other provisions, or parts thereof, which may be given effect without the
invalid provision or part. To this extent, the provisions, and parts thereof, of this Agreement
are declared to be severable,
11. The Estate, Ralph and Susan hereby each represent and warrant as follows:
(a) this Agreement has been duly authorized, executed and delivered;
(b) the agreements and obligations contained herein represent the legal,
valid and enforceable obligations of each party;
(c) it/he/she has read carefully and fully understands both the nature of
this Agreement and the contents of each of the provisions hereof;
(d) it/he/she has executed this Agreement by its/his/her own free will, and
is under no duress, compulsion or coercion to execute this Agreement;
(e) itJhe/she has been represented by counsel in connection with the
review, negotiation, execution and delivery of this Agreement, has
discussed and assessed the merits of any claim or potential claim (if
any) against any other party with counsel, and has been duly appdsed
of its/his/her dghts in connection therewith; and
5
SUSAN M. KENT,
: IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : NO. 02-3033 CIVIL TERM
:
RALPH G. KENT, JR., : CIVIL ACTION - LAW
Defendant/Petitioner : IN DIVORCE
PRAECIPE TO WITHDRAW
TO THE PROTHONOTARY:
PLEASE withdraw the claim for equitable distribution filed in the Defendant's
Counterclaim.
DATE:
Respectfull?.~u.g~ ~)
Lu. No. 53200
27 South Arlene Street
P.O. Box 6443
Harrisburg, PA 17112-0443
(717) 671-9600
SUSAN M. KENT,
Plaintiff
RALPH G. KENT, JR.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-3033 Civil Term
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
June 25, 2002.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
5. I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to
unsworn falsification to authorities.
the penalties of 18 Pa.C.S. §4904 relating to
?.
I. Kent, Plaintiff
SUSAN M. KENT,
Plaintiff
RALPH G. KENT, JR.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-3033 Civil Term
CIVIL ACTION - LAW
IN DIVORCE
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 in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
Date:
64863.1
SUSAN M. KENT,
Plaintiff
RALPH G. KENT, JR.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-3033 Civil Term
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
June 25, 2002.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
5. I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to
unsworn falsification to authorities.
Ralph G. Kent, Jr., Defendant~'
SUSAN M. KENT,
Plaintiff
RALPH G. KENT, JR.,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-3033 Civil Term
: CIVIL ACTION - LAW
: IN DIVORCE
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,
la er's fe ~
wy eh 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 in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
Date:
64863.1
~alph G. Kent, Jr., Defendar(t"
SUSAN M.
RALPH G.
KENT, JR. :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNT~, PENNSYLVANIA
CIVIL DIVISION
NO. 02-3033
CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
by defendant's counsel, Diane S.
Transmit the record, together with the following information to the Court for entry of a divorce decree:
1. Ground for divorce:
Irretrievable breakdown under {}3301(c)
(Str ke out inapplicable section).
Date and manner of service of the complaint: June 26, 2002, acce..ptance of se_~z'[_ce
Baker, Esquire.
Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by {}3301 (c) of the Divorce Code:
by plaintiff 12/19/03
; by defendant ~22/03
(b) (1) Date of execution of the affidavit required by §3301 (d)
of the Divorce Code.'
(2) Date of filing and service of the plaintiff's affidavit upon the respondent:
4. Related claims pending: None.
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file praecipe to transmit record, a
copy of which is attached:
(b)
Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with
the Prothonotary: __ 12 / 23 / 0~3
Date defendant's Waiver of Notice in §3301 (c) Divorce Was filed with
the Prothonotary:__ '12/23/03
SUSAN M. KENT
VERSus
1NTHE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ~~, PENNA.
NO. 02-3033 Civil Torm
AND NOW,
DECREED THAT
AND RALPH G.
DECREE IN
DIVORCE
, ..20~3 , IT ~S ORDERED AND
SUSAN M. KENT
, PLAINTIFF,
KENT, JR.
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONy.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMs WHICH HAVE
BEEN RAISED Of RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
AND IT IS FURTHER ORDERED, that the terms, conditions and
covenants set forth in the written Marital Settl,
enter~
part :reement
incorporated into this Decree , are
thereto, but not
ATTEST: