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Home My WebLink About07-1289e CHRISTOPHER D. MUMMERT, Plaintiff VS. STACY MUMMERT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. ? -7 j o2 G I .: ( `fit rh : 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 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, 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 CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 G? CHRISTOPHER D. MUMMERT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07- 1 SLR' l STACY MUMMERT, : CIVIL ACTION - LAW Defendant : IN DIVORCE COUNTI COMPLAINT FOR DIVORCE UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE AND NOW, comes the above-named Plaintiff, Christopher D. Mummert, by his attorney, Mark A. Mateya, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant upon the grounds hereinafter more fully set forth. 1. Plaintiff is Christopher D. Mummert, an adult individual who currently resides at 208 Ridge Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. All legal papers may be served on Plaintiff by service on his Attorney, Mark A. Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, PA 17007. 3. Defendant is Stacy Mummert, an adult individual who currently resides at 208 Ridge Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 4. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. The Plaintiff and Defendant were married on September 6, 1997, in Harrisburg, Dauphin County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment of marriage between the Parties in this or any other jurisdiction. 7. The marriage is irretrievably broken. 8. Neither the Plaintiff nor the Defendant are members of the armed services of the United States or any of its allies. 9. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant will also file such an Affidavit. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE 11. Plaintiff and Defendant are the owners of various items of real property, personal property, furniture and household furnishings that may be subject to equitable distribution by this Court. 12. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits which may be subject to equitable distribution by this Court. COUNT III CLAIM FOR ALIMONY, ALIMONY PENDENTE LITE, ATTORNEYS FEES, COSTS AND EXPENSES 13. Paragraphs 1 through 12 above are incorporated herein by reference. 14. Plaintiff is without sufficient income to adequately support himself to provide for his housing, daily needs and healthcare. 15. Plaintiff is without sufficient income to afford legal representation in this matter. 16. Defendant is gainfully employed by Capital Blue Cross and can adequately provide for the financial support of Plaintiff and provide for his legal fees, costs and expenses in pursuing this matter. WHEREFORE, Plaintiff requests the Court to enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant; b. Equitably distributing all property owned by the parties hereto; C. Awarding Alimony in favor of Plaintiff from Defendant. d. Awarding Plaintiff reasonable legal fees; e. In the event that a written Separation Agreement is reached between the parties hereto prior to the time of hearing on this Complaint, Plaintiff respectfully hereto prior to the time of hearing on this Complaint, Plaintiff respectfully requests that pursuant to §304(a)(1) and (4) and §401(b) of the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; f. For such further relief as the Court may determine equitable and just. Respectfully submitted, Dated f B : J'k _ Y Mark A. Mateya Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Plaintiff VERIFICATION I, Christopher D. Mummert, verify that the facts set forth in the foregoing Complaint for Divorce are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATED:- -3 lo 7'- C? 1 Ste' ? p ? C O ? W d }L A r F t -TI nj ? :z i t i cv ,_? r cn =!] CHRISTOPHER D. MUMMERT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. D7- l? ? cif' ? fcr? STACY MUMMERT, :CIVIL ACTION -LAW Defendant : 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 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, 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 CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en ]as paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio ue es pedid la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos o en importantes para usted. ASISTENCIA LEGAL. - ? ? ?? ? 11"`7"`'n livNli?; SE PUEDE CC CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 CHRISTOPHER D. MUMMERT, Plaintiff VS. STACY MUMMERT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 42 S"? CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes Petitioner, Christopher D. Mummert, by and through his attorney, Mark A. Mateya, and respectfully represents: 1. The Plaintiff is Christopher D. Mummert, who presently resides at 208 Ridge Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Stacy Mummert, presently residing at 208 Ridge Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff seeks custody of the following child: Name Present Residence Age D/0/13 Sophia Mummert 208 Ridge Hill Road 6 Yrs. 1/28/01 Mechanicsburg, PA 17050 4. The child was not born out of wedlock. 5. The child is presently in the custody of Christopher D. Mummert and Stacy Mummert who presently resides 208 Ridge Hill Road, Mechanicsburg, Cumberland County, Pennsylvania. 6. During the past five (5) years the child has resided with the following persons at the following addresses: a. With Plaintiff and Defendant at 208 Ridge Hill Road, Mechanicsburg, Cumberland County, Pennsylvania. 7. The Father of the child, Christopher D. Mummert, is currently residing at 208 Ridge Hill Road, Mechanicsburg, Cumberland County, Pennsylvania, and he is married. 8. The Mother of the child is Stacy Mummert who is currently residing at 208 Ridge Hill Road, Mechanicsburg, Cumberland County, Pennsylvania, and she is married. 9. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with the child. 10. The relationship of the Defendant to the child is that of natural mother. The defendant currently resides with the child. 11. The Plaintiff has not participated as a party or witness, or in another capacity in other litigation concerning the custody of the child in this or any other Court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth or any other state. 13. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting a shared custody arrangement because: a. Plaintiff is the natural father of the child; b. Plaintiff has been a primary caregiver of the child from the time of the child's birth to the present; C. Plaintiff is able to provide a stable home for the child. -2- WHEREFORE, Plaintiffrequests this Honorable Court to schedule a custody conciliation at the Court's convenience. Respectfully submitted, UA vk Mark A. Mateya Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs PA 17007 (717) 241-6500 Attorney for Plaintiff Dated: -?/9/07 -3- VERIFICATION I, CHRISTOPHER D. MUMMERT, verify that the facts set forth in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. DATED: -4- ?? ? C.-: ? <. ??.? --? C3 ^? ? ? - tix , a i7 ? 1tT; ? ?? ' ?J y . '?9 i J p. Q _ v :_ ??tT _+ W ? -? f, ---- -?-: .? A r . CHRISTOPHER D. MUMMERT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-1289 CIVIL ACTION LAW STACY MUMMERT DEFENDANT . IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 15, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 20, 2007 at 2:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ John. Man an r. Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabiiites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 eve l V -7 VINVAI,MN3d X1100 M..-48WO h ? :1 Wd 91 HVW LOOZ MVION U.Cdd 3Hi ?O 30U90-OM[3 J CHRISTOPHER D. MUMMERT, Plaintiff VS. STACY MUMMERT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1289 : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 28th day of March, 2007, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: 1. A Complaint for Divorce was filed to the above term and number on March 8, 2007. 2. On or about March 13, 2007, a certified copy of the Complaint in Divorce and Custody was mailed to the Defendant by Mark A. Mateya, Esquire, via Certified Mail, restricted delivery, return receipt requested. A copy of the Certified Mail Receipt is attached hereto as Exhibit "A" and is incorporated herein by reference. 3. A certified copy of the Complaint was mailed to the Defendant via first class mail, postage prepaid on March 13, 2007. A copy of the Certificate of Mailing is attached hereto as Exhibit "B" and is incorporated herein by reference. 4. As a result of the Track & Confirm receipt from the United States Postal Service, the certified copy of the Complaint sent Certified Mail referenced in Paragraph 2, above, was delivered on March 15, 2007. A copy of the U.S. Postal Service, Track & Confirm receipt is attached hereto as Exhibit "C" and is incorporated herein by reference. Respectfully submitted, Mark A. Mateya, Es e Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff CERTIFIED MAIL-r. RECEIF (Domestic Mail Only; No Insurance Covera N F- M J ru Postage $ M Certified Fee C3 ark ` t Pos Return Reclept Fee (Endorsement Required) re r ? O Restricted Delivery Fee (Endorsement Required) (r ? / Total Postage & Fees $ f L ?r M ° ZA c urnm. ! 1-- ;; or PO ? Box ? No. .:ao8 ?RiD&E fl )LL kpA c EtH AAv I e s13u P.G PA- l'-1 o ro PS Form 3800, June .2002 See Reverse for Instructio 40 MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Ro'_-Bol /A7 _BaiL(,u& 6Pkik&s PA 17oo7 One piece of ordinary mail addressed to: a: a w V) Lo Lo Lr, -?, CLL. a_. •z I _.ice •(LU) -,X:X: _Z ?_ a: ?f ? J 3E: 0 M 5 AQ_ 2? Un,mE'T' 408 R EDGE 4 ILL kml, ? aW W _IAE CA A.V) L58 v ? PA W50 zg PS Form 3817, Mar. 1989 ASPS - Track & Confirm OUNITED STATES POSTAL SERVICE Page 1 of 1 Home I Help Track & Confirm Track & Confirm Search Results Label/Receipt Number: 7003 0500 0004 2325 8980 -- - Status: Delivered Track & Corrfl€rm Your item was delivered at 8:07 AM on March 15, 2007 in Enter Label/Receipt Number. MECHANICSBURG, PA 17055. F- Adel Details .s Rate to U com Nema > E ------------ I Options Track & Confirm by email o>. Get current event information or updates for your item sent to you or others by email. POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright O 1999-2004 USPS. All Rights Reserved. Terms of Use Privacy Policy ?. A r. http://trkcnfrml .smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 3/28/2007 ? ? ?y ? -n ? r ??'r<? ],? { _ 1 - r7 C? l s y,. ?' ???,.? tam k __ ? C? ;;= -?G ? .?° 4/19/20071:49:59 PM/AVL/smt CHRISTOPHER D. MUMMERT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1289 CIVIL TERM STACY MUMMERT, DEFENDANT CIVIL ACTION - CUSTODY DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT FOR CUSTODY AND COUNTERCLAIM FOR CUSTODY AND NOW comes the Defendant, Stacy Mummert, by and through her counsel, SMIGEL, ANDERSON & SACKS, LLP, and files this Answer to Plaintiff s Complaint for Custody and in support thereof, avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Denied. It is denied that a shared custody arrangement providing Plaintiff with 4/19/20071:49:59 PM/AVL/smt primary physical custody is in the best interests of the minor child or that it would best serve the minor child's permanent welfare. a. Admitted. It is admitted that the Plaintiff is the natural father of the minor child. b. Denied. It is denied that Plaintiff has been the primary caregiver. C. Denied. Plaintiff's living and child care arrangements have not been specified outside of the marital residence. COUNTERCLAIM FOR CUSTODY AND NOW, comes Defendant/Plaintiff, Stacy Mummert, by and through her attorneys SMIGEL, ANDERSON & SACKS, LLP, and files this Counterclaim for Custody and in support thereof avers as follows: 15. Defendant/Plaintiff in Counterclaim repeats and realleges the averments of paragraphs 1 through 14 which are incorporated by reference herein. 16. Defendant/Plaintiff in Counterclaim seeks primary physical custody and shared legal custody of the minor child, Sophia Mummert, date of birth January 28, 2001. 17. The best interest and permanent welfare of the minor child will be served by granting Defendant/Plaintiff in Counterclaim primary physical custody because: a. Defendant/Plaintiff is the natural mother of minor child and is a fit parent. b. The minor child sees Defendant/Plaintiff as a source of love and affection. C. Placing primary physical custody with Defendant/Plaintiff will provide continuity, stability and certainty to the child's life. 4/19/20071:49:59 PM/AVL/smt WHEREFORE, Defendant/Plaintiff in Counterclaim respectfully requests that this Honorable Court deny Plaintiff's/Defendant in Counterclaim Complaint for Custody and grant Defendant's/Plaintiff in Counterclaim request for primary physical and shared legal custody of the minor child. Respectfully Submitted, SMIGEL, ANDERSON & SACKS, LLP I Date: By: Ann V. Levin, Esquire I.D.#: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant/Plaintiff in Counterclaim VERIFICATION I, Stacy Mummert, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: oZ n - 0 tacy Mu mert 4/19/20071:49:59 PM/AVL/smt CHRISTOPHER D. MUMMERT, PLAINTIFF V. STACY MUMMERT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1289 CIVIL TERM CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Defendant/Plaintiff in Counterclaim in the above- captioned matter, do hereby certify that I served a true and correct copy of the foregoing Defendant's Answer to Plaintiff's Complaint for Custody & Counterclaim for Custody by placing same in the U.S. Mail, first class, postage paid on the r day of April, 2007, addressed as follows: MARK A. MATEYA, ESQUIRE P.O. BOX 127 BOILING SPRINGS, PA 17007 SMIGEL, ANDERSON & SAC S, LLP By: Ann V. Levin, Esquire I.D.#: 702 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant/Plaintiff in Counterclaim 0 x. may. ?i ?•Y? i ? %?. >.. 77 rla ? I.r ,CEP 2.JZMZ CHRISTOPHER D. MUMMERT : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 07-1289 Civil Term STACY MUMMERT Defendant : ACTION IN CUSTODY COURT O?tDER AND NOW, this day of September, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. Legal Custody: The Mother, Stacy Mummert and the Father, Christopher Mummert, shall enjoy shared legal custody of the minor child, Sophia Mummert born 1/28/01. The parties shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same; or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The Mother and Father shall share physical custody of Sophia pursuant to the following schedule. Commencing April 23, 2007, the parties shall share physical custody on a 2/3/2 schedule; i.e. Mother has physical custody Monday and Tuesday, Father has Wednesday through Friday, Mother has physical custody Saturday and Sunday. The following week, Father has physical custody Monday and Tuesday, Mother has Wednesday through Friday and Father has Saturday and Sunday. The above-referenced schedule shall continue until further Order of Court is `issued. It is specifically noted that the parties presently reside with one another and another Conciliation Conference shall be held before the assigned Conciliator as soon as the marital home is sold or when one parent moves from the marital residence. 3. Absent mutual agreement, the Child shall remain in her current school district. 4. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 5. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. D 43S Lot. AMU Sgt--. a 6. Neither party may say or. do anything nor permit a third party to do or say anything that may estrange-the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 7. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, thavother household members and/or house guests comply with this provision. 8. Holidays shall be agreed `upon between the parties. 9. Each party shall have two weeks vacation per year with the Child with no more than seven consecutive days at a time. A party wishing to utilize this provision shall give thirty days notice to the other parent. 10. This Order is entered pursuant to 'a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. A status update conference is hereby scheduled before the assigned C acUlator Oeteber 18, 2007 at 12:00 pm at the Cumberland County Court of Comma Pleas, Fourth Floor, Carlisle, PA 17013. Counsel for the parties are directed to notify the assigned Conciliator of any conflicts with this day and time. Cc: .sl tk` Mateya, Esquire LX Levin, Esquire ,/Iohn J. Mangan, Esqui BY THE T!1,11 J. I . CHRISTOPHER D. MUMMERT Plaintiff V. STACY MUMMERT Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1289 Civil Term ACTION IN CUSTODY CONCILIATION CONFERENCE SUNIlViARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody Sophia Mui inert 1/28/01 Mother and Father 2. A Conciliation Conference was held on April 20, 2007 with the following individuals in attendance: The Father, Christopher Mummert, with his counsel, Mark A. Mateya, Esquire The Mother, Stacy Mummert, with her counsel, Ann V. Levin, Esquire 3. The parties agreed to the entry of an Order in the form as attached. Date: 76 za 7 -_ Jo an, wire Custody Concili for CHRISTOPHER D. MUMMERT, Plaintiff VS. STACY MUMMERT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1289 : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of Christopher D. Mummert in the above matter. I file this Praecipe to Withdraw my appearance at the request of Plaintiff. I attach a copy of his e- mail to me requesting same. Respectfully submitted, k_ Mark A. Mateya, Es ire Attorney ID No. 78931 P.O. BOX 127 Boiling Springs PA 17007 (717) 241-6500 (717) 241-3099 Fax Dated: t-1 /( ?/o 9 Page 1 of 1 Mark Mateva From: "Christopher Mummert" <MummertCD@comcast.net> To: "Mark Mateya" <mam@mateyalaw.com> Sent: Wednesday, April 15, 2009 2:47 AM Subject: Case scheduled for a conference to determine whether the support order is to be modified Mark, Greetings. I wanted to bring you up to speed on the case, since it has been nearly a month since you'd last written. I've re-opened the petition to amend the existing support order as I mentioned in my e-mail to you dated 413. This is the same petition to amend that I opened 10/22/08 that was continued twice before being dismissed in lieu the meeting we had some 10 weeks ago. The conference is scheduled for Wednesday 4/29 at the Domestic Relations Office. I will be representing myself at this conference, so if there is anything necessary to be done on your part to withdraw from this action, please do so. I am going to press ahead on this course, as court-mandated appearances are the only reliable recourse to progress. I want this conference to proceed without delay, and under no circumstance should any offer be either made or accepted to continue to a later date. I cannot stress this one particular point any harder. I consider our joint meeting with the opposing party from February 3rd to be an absolute failure, and plan to move on to petitioning for a hearing with the Divorce Master immediately after the support hearing. I consider bargaining in good faith with our adversaries to be no bargain at all, and good faith went out the window months ago. As I mentioned above, I believe only obedience to hard, fast dates as set by the court will bring the finality I seek as my primary goal, be it good or bad. Thanks - Chris No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.5.287 / Virus Database: 270.11.57/2060 - Release Date: 04115/09 06:34:00 4/15/2009 CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the PRAECIPE TO WITHDRAW APPEARANCE on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Dauphin County, Pennsylvania addressed to: Ann V Levin Esquire Smigel Anderson & Sacks 4431 North Front Street Harrisburg, PA 17110 1?- ? Mark A. Mateya, Esq re P.O. Box 127 Boiling Springs PA 17007 (717) 241-6500 DATED: C FI{ ED-«I;-iy i%.,L- OF THE P-T-C `NOTAPY 2009 APR 16 Atli 9: 18 NTlY CHRISTOPHER D. MUMMERT, Plaintiff VS. STACY MUMMERT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-1289 : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE AND NOW comes Petitioner, Mark A. Mateya, Esquire, and in support avers the following: 1. Plaintiff, Christopher D. Mummert has communicated via e-mail with Petitioner on April 15, 2009, advising Petitioner that client would be representing himself and requesting that Petitioner withdraw from his case. A copy of the April 15, 2009 e-mail is attached hereto as Exhibit "A" and is incorporated herein by reference. 2. Petitioner has sought concurrence from opposing counsel Ann Levin on April 22, 2009, in filing this Withdrawal of Appearance on behalf of Plaintiff. To the date of this writing, Attorney Anne Levin has not given her concurrence or non-concurrence in this request. 3. The Honorable Judge Ebert has previously issued rulings in the present matter concerning both Custody issues as well as Domestic Relations issues. WHEREFORE, upon consideration of the foregoing, Petitioner respectfully requests that this Honorable Court issue an Order granting Mark A. Mateya, Esquire leave of court to withdraw his appearance from the present matter. Respectfully submitted, "k- Mark A. Mateya, Esqu re Attorney ID No. 78931 P.O. Box 127 Boiling Springs PA 17007 (717) 241-6500 (717) 241-3099 Fax Dated: ?? Z 3 r Page 1 of 1 Mark Mateva From: "Christopher Mummert" <MummertCD@comcast.net> To: "Mark Mateya" <mam@mateyalaw.com> Sent: Wednesday, April 15, 2009 2:47 AM Subject: Case scheduled for a conference to determine whether the support order is to be modified Mark, Greetings. I wanted to bring you up to speed on the case, since it has been nearly a month since you'd last written. I've re-opened the petition to amend the existing support order as I mentioned in my e-mail to you dated 4/3. This is the same petition to amend that I opened 10/22/08 that was continued twice before being dismissed in lieu the meeting we had some 10 weeks ago. The conference is scheduled for Wednesday 4129 at the Domestic Relations Office. I will be representing myself at this conference, so if there is anything necessary to be done on your part to withdraw from this action, please do so. I am going to press ahead on this course, as court-mandated appearances are the only reliable recourse to progress. I want this conference to proceed without delay, and under no circumstance should any offer be either made or accepted to continue to a later date. I cannot stress this one particular point any harder. I consider our joint meeting with the opposing party from February 3rd to be an absolute failure, and plan to move on to petitioning for a hearing with the Divorce Master immediately after the support hearing. I consider bargaining in good faith with our adversaries to be no bargain at all, and good faith went out the window months ago. As I mentioned above, I believe only obedience to hard, fast dates as set by the court will bring the finality I seek as my primary goal, be it good or bad. Thanks -- Chris No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.5.287/ Virus Database: 270.11.57/2060 - Release Date: 04/15/09 06:34:00 4/15/2009 CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire,' hereby certify that I have served a copy of the PRAECIPE TO WITHDRAW APPEARANCE on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Dauphin County, Pennsylvania addressed to: Ann V Levin Esquire Smigel Anderson & Sacks 4431 North Front Street Harrisburg, PA 17110 Christopher Mummert 621 Ridge Road Lewisberry PA 17339 DATED: ( Lz -3 v b-AA - UZ?- Mark A. Mateya, Esq P.O. Box 127 Boiling Springs PA 17007 (717) 241-6500' A L_?tJ OF THE rA?Y 2009 APR 24 All 8: 4 6 ID APR 2 7 20090t CHRISTOPHER D. MUMMERT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-1289 STACY MUMMERT, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER AND NOW, this Vp day of April, 2009, upon consideration of the Praecipe for Withdrawal of Appearance of Mark A. Mateya, Esquire filed the above term and number, IT IS HEREBY ORDERED AND ADJUDGED that Mark A. Mateya's Praecipe for Withdrawal of Appearance is hereby GRANTED. BY THE COURT: C1 c?, i 1?? :.,? 9165-1-4 MSA/AVL/mes 5/19/2009 3:09:09 PM Draft #3 MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this _ day of 5u n - , 2009, by and between Stacy L. Mummert ("Wife") - A N D - Christopher D. Mummert ("Husband"), at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife having been married on September 6, 1997, at Harrisburg, Pennslyvania; WHEREAS, one (1) child was born of this marriage; said child being: Sophia Nichole Mummert. WHEREAS, diverse 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 desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; 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 foregoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. The parties acknowledge that a divorce action has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docket number 07-1289. The parties agree that they will execute Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Divorce Decree in the aforementioned matter simultaneously with the signing of this Agreement. Thereafter, counsel for Wife shall file a Praecipe to Transmit Record and obtain a divorce decree. 2. Division of Property. Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. Husband's Property. The following property shall become the sole and exclusive property of Husband: 1. The property and lot situate at 621 Ridge Road, Lewisberry, PA, subject to any and all existing liens and obligations. The 1999 Honda Passport titled in Husband's name, subject to any and all liens or encumberances. 2. The Members l s' checking and savings account with the last 4 digits #1686 titled in Husband's name. 3. The 401(k) titled in Husband's name acquired through his 2 employment with Cingular/AT&T Mobility. 4. Husband shall receive Twenty-One Thousand Five Hundred ($21,500) Dollars of the proceeds received from the sale of the marital home which are in an escrow account held by counsel for Wife. Husband shall be forwarded a check in the amount of Twenty-One Thousand Five Hundred ($21,500) Dollars with five (5) days of the signing of this Agreement by both parties. 5. Wife shall transfer Twenty-Eight Thousand Five Hundred ($28,500) Dollars from her Capital Blue Cross Employee Retirement Savings Plan to an (?. AQA'l'bArS 3t dhPl individual Retirement Account established by Husband at r e U This transfe shall be pursuant to a Qualified Domestic Relations Order substantially in the form of the document attached hereto as Exhibit A. This transfer will be processed as soon as administratively feasible. b. All household goods and personalty in Husband's possession wherever situated. B. Wife's Property. The following property shall become the sole and exclusive property of Wife: 1. The 1997 Honda Passport titled in Wife's name, subject to any and all liens and encumbrances which has been traded in by Wife for the purchase of a 2009 Toyota Corolla, a post-separation vehicle, which will also be Wife's sole property subject to any and all liens and encumbrances. 2. The Members I" checking and savings account last 2 digits #59 titled in Wife's name. 3. Wife shall receive the balance of the proceeds from the sale of the marital home subject to the distribution to Husband as set forth in Paragraph 2.A.4. The approximate remaining balance is $15,242 and Wife shall be forwarded a check for the balance within five (5) days of the signing of this Agreement by both parties. 4. The Capital Blue Cross Employee Retirement Savings Plan titled in Wife's name subject to the distribution to Husband as set forth in Paragraph 2.A.5. All household goods and personalty in Wife's possession wherever situated. C. Satisfactory Division of Marital and Non-Marital Property. Husband and Wife hereby acknowledge that they have divided, to their mutual satisfaction, all of their marital and non-marital assets, including but without limitation, business interests, partnerships, inheritances, jewelry, clothing, pensions, brokerage accounts, stocks, bonds, life insurance policies or other securities, individual retirement accounts, 401(k), employment benefits, checking and savings accounts, mutual funds and other assets, whether real, personal or mixed, tangible or intangible. 3. Taxes. For the tax year 2009 and thereafter, the parties shall no longer file joint federal and state tax returns. 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 4 expense incurred in connection 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. It is specifically and mutually understood and agreed and recognized by and between the parties that Husband shall claim the U.S. Individual Income Tax and any other federal, state or local income tax exemptions for the minor child for the tax year 2009 and all odd numbered years thereafter for so long as the minor child is eligible to be claimed as an exemption. Wife shall claim the U.S. Individual Income Tax and any other federal, state or local income tax exemptions for the minor child for the tax year 2010 and all even numbered years thereafter for so long as the minor child is eligible to be claimed as an exemption. Neither party will interfere in any way or take any step or do any act which would interfere with the other securing the benefit of the exemptions as set forth herein. 4. Additional Documentation. The parties agree to execute any deeds, assignments, titles or other documents necessary and appropriate to accomplish the aforesaid division of property and to carry out the provisions of this Agreement. 5. Transfers Subject to Existing Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other parry may suffer or may be required to pay on accountof such lien or encumbrance. 6. Representations and Warranties. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 7. Equitable Division. By this Agreement the parties have intended to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers herein as non-taxable. 8. Relinquishment of Rights. Except as expressly provided herein, Husband forever relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets now belonging to Wife, and Wife forever relinquishes any right, title or interest she may now or hereafter have in any tangible or intangible assets now belonging to Husband. 9. After-Acquired Property. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are 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. 10. Debts & Liabilities. Husband shall be responsible for the payment in full of the following marital debt: - Chase credit card 46008 with an approximate balance of $14,082.81 as of 8/20/07; 6 #-Nt-t d - Members ]s' Visa # OtO with an approximate balance of $6,523.00 as of 6/07; - Emerge credit card 46007 with an approximate balance of $7,171.00 as of 7/31/07; - Members 1s` loan 41686 with an approximate balance of $11,260.00 as of 6/07. Wife shall be responsible for the payment in full of the following marital debt: - Members ls' Visa 47594 with an approximate balance of $6,874.00 as of 6/07. Husband and Wife shall each be solely responsible for all debts, contracts, obligations and liabilities in their respective names incurred at any time in the past unless and except as otherwise specifically set forth in this Agreement, including but not limited to personal loans, charge accounts and credit cards. Both parties represent and warrant to the other that as of the date of this Agreement they have not incurred, and in the future will not contract or incur, any debt or liability for which the other or the estate of the other might be responsible. 11. Counsel Fees, Costs and Expenses. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 12. Alimony and Spousal Support. Husband shall immediately withdraw his claim for spousal support filed on April 9, 2009. In exchange for and in consideration of the promises and representations made hereunder, Husband and Wife hereby waive and release any and all right, title, interest, claims or demand of whatsoever nature which he or she now has or hereafter can, shall or may have against the other or the respective separate property of the other under the laws of the Commonwealth of Pennsylvania or any other governing state, country, territory or jurisdiction in the nature of spousal support, separate maintenance or support, alimony, either pendente lite, temporary, 7 rehabilitative, permanent or lump sum and right to seek equitable or community distribution or division or assignment of property or similar marital rights. 13. Full Disclosure. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived 14. Releases. Each parry does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 15. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debts, contracts, obligations, or other liabilities, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, actor omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 16. General Provisions. 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. 17. Fair and Equitable Contents. Husband and Wife acknowledge that he or she has had the opportunity to employ, consult with and to have the provisions of this agreement and their legal effect fully explained by independent legal counsel of his or her selection and acknowledge that he or she was not prevented in any way from obtaining independent counsel. Husband was previously represented by Mark Mateya, Esquire until April 27, 2009 at which time the Court granted Attorney Mateya's Praecipe to Withdraw Appearance. Husband has chosen not to obtain new counsel. Each party fully understands the facts and had an opportunity to be fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and 9 that it is being entered into freely and voluntarily with such knowledge and that execution of this agreement is not the result of any duress or undue influence nor the result of any collusion or improper or illegal agreement or agreements. 18. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 19. Modification. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 20. Severability. If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 21. Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 22. Agreement Not to be Merged. This Agreement may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or 10 released. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness- L lacy L. M mmert 4, 4 x C ristopher . Mumme ]l .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS. Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Stacy L. Mummert, who being duly sworn according to law deposes and says that she is a party of the foregoing Agreement and she executed same for the purposes therein contained. Witness my hand and seal this day of , 2009. Notary Publ' My Commission Expires: cowm A N BYLVANIA L My C? T WP., Expires Jan. 6, 2011 Member, Pennsylvania Aviation of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS. Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Christopher D. Mummert, who being duly sworn according to law deposes and says that he is a party of the foregoing Agreement and he executed same for the purposes therein contained. Witness my hand and seal this day of A , 2009 COMMONWEALTM OR EfUNlYLVAN Notary Public NOW Seat Kelty ahlew Drake, Twp., York Notary Public County Fairvie My Commission Expires: Feb k`?6, MY COMFf NiOn Expires Feb. 18, 2013 Member, Pennsylvania Assodation of Notaries 12 • ?1 1 Addendum The following additions and corrections are to be included and accepted into the full text of this Marriage Settlement Agreement. Paragraph 2.A. contains a numeration error, and actually contains seven subsections, and not six. Paragraph 2.A.4. as listed shall be amended to read "Husband shall receive Twenty-One Thousand Five Hundred ($21,500) Dollars of the proceeds received from the mutually-agreed sale of the marital home on June 29th, 2007, which are in an escrow account held by counsel for Wife. Husband shall be forwarded a check in the amount of Twenty-One Thousand Five Hundred ($21,500) Dollars with five (5) days of the signing of this Agreement by both parties. Paragraph C.10. shall be amended to read "Husband shall be solely responsible for the financial satisfaction of the following marital debt: Chase credit card #6008 with an approximate balance of $14.082.81 as of 8/20/07; Member's 1st Visa #6865 with an approximate balance of $6,523.00 as of 6/07; Emerge credit card #6007 with an approximate balance of $7,171.00 as of 7/31/07; Members 1st loan #1686 with an approximate balance of $11,260.00 as of 6/07. Additionally, the Support Order 00505 S 2007, effective Saturday, July 14, 2007. of $335.00 monthly, and the arrears order of $10.00 monthly, shall remain in effect and unchanged by this Marriage Settlement Agreement. Similarly, the Custody Action as ordered by the Court, Docket 07-1289, dated September 24th, 2007, stipulating joint physical custody of Sophia Nichole Mummert by both parents, shall too remain in effect and unchanged by this Marriage Settlement Agreement. Further, Paragraph 3 of the aforementioned Order of 24 September 2007 ("Absent mutual agreement, the Child shall remain in her current school district.") shall be held predominant over and above Paragraph 1 of the Marriage Settlement Agreement. r XI,:L 4 N . ,. , SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID #70259 4431 North Front Street, Td Flr. Harrisburg, PA 17110-1778 (717) 234-2401 alevin uasllo corn Attorney for Defendant CHRISTOPHER D. MUMMERT, PLAINTIFF V. STACY MUMMERT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM CIVIL ACTION - DIVORCE STIPULATION AND NOW, this of 2009, counsel for the parties in the above- referenced action hereby stipulate and agree that the Qualified Domestic Relations Order attached hereto encompasses the intent of their respective clients and that it may be adopted as a Court Order. SMIGEL, ANDERSON & SACKS, LLP By: Ann V. Levin, Esquire I.D. #: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant By: Christopher D. Mummert 621 Ridge Road Lewisberry, PA 17339 Plaintiff, pro se A „ SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID 470259 4431 North Front Street, 3d Fir. Harrisburg, PA 17110-1778 (717) 234-2401 alevin asllRcorn Attorney for Defendant CHRISTOPHER D. MUMMERT, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CIVIL TERM STACY MUMMERT, DEFENDANT CIVIL ACTION - DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER This order relates to the provision of marital property rights to a former spouse of the Participant and is made pursuant to the domestic relations law of the State of Pennsylvania. The cause is before the court upon the motion of both parties, the court having entered a Judgment for Divorce and this order having been agreed to by each of the parties, and said agreement being incorporated into the Judgment for Divorce. IT IS HEREBY ORDERED THAT: This order shall constitute a "qualified domestic relations order" as defined in §414(p) of the Internal Revenue Code of 1986, as amended (the "Code") and §206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). 2. This order applies to the Capital Blue Cross Employee Retirement Savings Plan (the "Plan"), which is administered by Capital Blue Cross, 2500 Elmerton Avenue, Harrisburg, Pennsylvania 17177-2212. The Plan participant to whom this order relates is Stacy L. Mummert (the "Participant") I , , • The last known mailing address and social security number of the Participant are: 811 Rosemont Ave. New Cumberland, PA 17070 Social Security No.: 187-44-9429 4. The individual to whom this order assigns certain Plan benefits otherwise payable to the participant is Christopher D. Mummert (the "Alternate Payee"). The last known mailing address and social security number of the Alternate Payee are: 621 Ridge Road Lewisberry, PA 17339 Social Security No.: 181-58-6043 5. As part of the division of the estate of the parties, Alternate Payee shall receive the sum of Twenty-Eight Thousand Five Hundred ($28,500) Dollars of the Participant's vested account balance as the date of distribution. Alternate Payee's share shall be distributed on a pro rata basis from all of the investments in Participant's account. This sum shall be rolled over from Participant's Plan to Alternate Payee's Individual Retirement Account with and mailed to at The Participant's Accrued Benefit includes the outstanding balance of any loan made to the Participant, and the Participant shall remain responsible for repaying the outstanding loan balance, if any. The time period to which this Order applies commences with the execution hereof by the Court and ends upon full distribution of the Alternate Payee's Assigned Benefit. 6. The Participant and the Alternate Payee shall notify the Plan Administrator in writing of any changes in their respective mailing addresses subsequent to the date of this order. . The check should be made payable to The terms of this Order shall be carried out as soon as administratively feasible following 1 • • • the date that this Order has been approved. 8. This order shall not be construed to: a. require the Plan to provide any type or form of benefit or any option not otherwise provided under the Plan; b. require the Plan to provide increased benefits; or c. require the payment of benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. 12. This order shall be incorporated into the Judgment for Divorce for purposes of enforcement. 13. It is the intention of the Alternate Payee and the Participant that the foregoing provisions shall qualify as a qualified domestic relations order, and whenever the provisions hereunder are inconsistent with the definition of a qualified domestic relations order as may be contained, from time to time, in the Code or ERISA, this order shall be amended, from time to time, as may be necessary to comply with the requirements for a qualified domestic relations order under said statutes or regulations promulgated pursuant thereto and to cause this order to be accepted as a qualified domestic relations order by the Plan Administrator. Both parties shall enter into an agreed order of court as may be reasonably required to amend this order to comply with such requirements. BY THE COURT J. This day of , 2009. Copies to: Manager, Employee Benefits Capital Blue Cross Harrisburg, PA 17177-2212 Ann V. Levin, Esquire Smigel, Anderson & Sacks LLC 4431 North Front Street Harrisburg, PA 17110 Attorney for Defendant/Participant Christopher D. Mummert 621 Ridge Road Lewisberry, PA 17339 Plaintiff/Alternate Payee FILET),u^ Fi"'AE OF THE ?'C NIOTAPY 2009 JUN 26 PM 1: 9 CHRISTOPHER D. MUMMERT, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 07-1289 STACY MUMMERT, DEFENDANT CIVIL ACTION- DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on March 8, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. 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. Date: l l 0 C?`? Stacy ummert, Defendant RLED--CfRICE OF ?HE PROTHONOTARY 2009 JUN 26 PM 1: 19 PENNSYLVANIA CHRISTOPHER D. MUMMERT, PLAINTIFF V. STACY MUMMERT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 07-1289 CIVIL ACTION- DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 43301(d) OF THE DIVORCE CODE 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. d Date: l ' I , Stacy Mu mert, Defendant FILED--O,-',--ICE OF THE FORC)T -10P.eTARy 2 JUN 26 PM 1: i 9 PENWSYWAisW CHRISTOPHER D. MUMMERT, PLAINTIFF V. STACY MUMMERT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 07-1289 CIVIL ACTION- DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on March 8, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. 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. Date: {' r IC 71 hrzst0ohe umme . Plaintiff FILED-OFFICE OF THE ,? }-?I,nMARY 2009 JUN 26 Phi 1= 19 CkAO& Ham, j ;;- J'UllNl PENNSYLVANIA CHRISTOPHER D. MUMMERT, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STACY MUMMERT, DEFENDANT DOCKET NO. 07-1289 CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 43301(d) 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: to Christoph . Mumme , Plaintiff FILED-OFFICE OF TFE #qf_ P O-NOTARY 2009 JUN 26 PM f : 19 P E • FLV" 7-1 CHRISTOPHER D. MUMMERT, PLAINTIFF V. STACY MUMMERT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 07-1289 CIVIL ACTION- 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 divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: A copy of the Acceptance of Service is attached. 3. (a) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Plaintiff on June 23, 2009; and by Defendant on June 19, 2009. (b) (1) Date of execution of the Affidavit required by §3301(d) of the Divorce Code: Not applicable. (2) Date of filing and service of the Affidavit upon the Respondent: Not applicable. 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: Not applicable. (b) Date Plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Simultaneously with the filing of this Praecipe. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Simultaneously with the filing of this Praecipe. Date: 6 - ? () 1 SMIGEL, ANDERSON & SACKS, LLP By: Ann V. Levin, Esquire I.D.#: 70259 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorney for Defendant CHRISTOPHER D. MUMMERT, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 07-1289 STACY MUMMERT, DEFENDANT CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE I, Stacy Mummert, Defendant in the above captioned matter, do hereby certify that a true and correct copy of the Complaint for Divorce Under Section 3301(c) or 3301(d) of the Divorce Code was served upon me on or about the 30th day of March, 2007. tacy Mu mert O THE 2009 JUN 26 € M I : 4"U PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER D. MUMMERT V. STACY MUMMERT : NO. 07-1289 DIVORCE DECREE AND NOW1 -Sovtt, 38 , it is ordered and decreed that CHRISTOPHER D. MUMMERT STACY MUMMERT plaintiff, and defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows- (If no claims remain indicate "None.") None. It is further ORDERED and DECREED that the Marriage Settlement Agreement executed by and between the parties dated June 19, 2009, is incorporated by reference into this Decree for the purposes of enforcement, but shall NOT be deemed to have been with this Decree. E By the Court, Sot", Attest: J Prothonotary ?" CDC C C'? /-? ej SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID 1!70259 4431 North Front Street, P Ar. Harrisburg, PA 17110-1778 (717) 234-2401 Attorney for Defendant CHRISTOPHER D. MUMMERT, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STACY MUMMERT, DEFENDANT NO. CIVIL TERM CIVIL ACTION - DIVORCE STIPULATION AND NOW, this 2-5 C.0 of ZFGcw, , 2009, counsel for the Defendant and Plaintiff, pro se, in the above referenced action hereby stipulate and agree that the Qualified Domestic Relations Order attached hereto encompasses the intent of their respective clients and that it may be adopted as a Court Order. SMIGEL, ANDERSON & SACKS, LLP By: v ?eD Ann V. Levin, Esquire I.D. #: 70259 4431 North Front Street Harrisburg, PA 171.10 (717) 234-2401 Attorney for Defendant By: Christopher Mumm 621 Ridge ad Lewisberry, PA 17339 Plaintiff, pro se HEEL.' a. OF THE: R :?,?° ? rf ?Y 2009 JUL 17 PH 2: 2 j CUM .: p i tii,,jA .rte, <i, r JUL 2 01000 SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID 470259 4431 North Front Street, P Fir. Harrisburg, PA 17110-1778 (717) 234-2401 alevin gsasllp.com Attorney for Defendant CHRISTOPHER D. MUMMERT, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1289 CIVIL TERM STACY MUMMERT, DEFENDANT CIVIL ACTION - DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER This order relates to the provision of marital property rights to a former spouse of the Participant and is made pursuant to the domestic relations law of the State of Pennsylvania. The cause is before the court upon the motion of both parties, the court having entered a Judgment for Divorce and this order having been agreed to by each of the parties, and said agreement being incorporated into the Judgment for Divorce. IT IS HEREBY ORDERED THAT: 1. This order shall constitute a "qualified domestic relations order" as defined in §414(p) of the Internal Revenue Code of 1986, as amended (the "Code") and §206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). 2. This order applies to the Capital Blue Cross Employee Retirement Savings Plan (the "Plan"), which is administered by Capital Blue Cross, 2500 Elmerton Avenue, Harrisburg, Pennsylvania 17177-2212. 3. The Plan participant to whom this order relates is Stacy L. Mummert (the "Participant"). The last known mailing address and social security number of the Participant are: 811 Rosemont Ave. New Cumberland, PA 17070 Social Security No.: 187-44-9429 4. The individual to whom this order assigns certain Plan benefits otherwise payable to the Participant is Christopher D. Mummert (the "Alternate Payee"). The last known mailing address and social security number of the Alternate Payee are: 621 Ridge Road Lewisberry, PA 17339 Social Security No.: 181-58-6043 5. As part of the division of the estate of the parties, Alternate Payee shall receive the sum of Twenty-Eight Thousand Five Hundred ($28,500) Dollars of the Participant's vested account balance as the date of distribution. Alternate Payee's share shall be distributed on a pro rata basis from all of the investments in Participant's account. This sum shall be rolled over from Participant's Plan to Alternate Payee's Individual Retirement Account with Members 1St Federal Credit Union. The check should be made payable to Members V t Federal Credit Union for benefit of Christopher D. Mummert and mailed to Members 1St Federal Credit Union at 5000 Louise Drive, Mechanicsburg, PA 17055. The Participant's Accrued Benefit includes the outstanding balance of any loan made to the Participant, and the Participant shall remain responsible for repaying the outstanding loan balance, if any. The time period to which this Order applies commences with the execution hereof by the Court and ends upon full distribution of the Alternate Payee's Assigned Benefit. 6. The Participant and the Alternate Payee shall notify the Plan Administrator in writing of any changes in their respective mailing addresses subsequent to the date of this order. 7. The terms of this Order shall be carried out as soon as administratively feasible following the date that this Order has been approved. 8. This order shall not be construed to: a. require the Plan to provide any type or form of benefit or any option not otherwise provided under the Plan; b. require the Plan to provide increased benefits; or c. require the payment of benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. 12. This order shall be incorporated into the Judgment for Divorce for purposes of enforcement. 13. It is the intention of the Alternate Payee and the Participant that the foregoing provisions shall qualify as a qualified domestic relations order, and whenever the provisions hereunder are inconsistent with the definition of a qualified domestic relations order as may be contained, from time to time, in the Code or ERISA, this order shall be amended, from time to time, as may be necessary to comply with the requirements for a qualified domestic relations order under said statutes or regulations promulgated pursuant thereto and to cause this order to be accepted as a qualified domestic relations order by the Plan Administrator. Both parties shall enter into an agreed order of court as may be reasonably required to amend this order to comply with such requirements. BY THE COURT N\---? ?AA This II day of -S y `N '2009. Copies to: Manager, Employee Benefits Capital Blue Cross Harrisburg, PA 17177-2212 ZAnn V. Levin, Esquire Smigel, Anderson & Sacks LLC 4431 North Front Street Harrisburg, PA 17110 Attorney for Defendant/Participant ZChristopher D. Mummert 621 Ridge Road Lewisberry, PA 17339 Plaintiff/Alternate Payee 1.:.0 P E-S .nd t ( , T??iL?l? Or HE ^°1 IARY 2009 JUL 28 %rl c. it 5