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Home My WebLink About99-05615 (2)?? y! .:: '. 7... . L '?.. :; 1 "'.. ?.. a1 M1: S; i ???, tf Ir!n; ?? ??: ;.CS. 1 A, IN THE COURT OF COMMON PLEAS LIIM SHEVEMM, Plaintiff VERSUS EDWARD H. S WNDCK, JR., Defendant No. 99-5615 DECREE IN DIVORCE AND NOW, ' ?7W IT IS ORDERED AND DECREED THAT inda Shevenock , PLAINTIFF, AND EdWard H. Shevenock, Jr. DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. The terms of the Marriage Settlement Agreement entered into by the parties on March 27, 2002, are incwrated herein. E COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BY THE COU PROTHONOTARY OF CUMBERLAND COUNTY STATE OF PENNA. a q ?_r. VP .. .; AGREEMENT BETWEEN EDWARD H. SHEVENOCK, JR. AND LINDA K. SHEVENOCK Kathleen Carey Daley, Esquire Thomas D. Gould, Esquire Counsel for Wife Counsel for Husband TABLE OF CONTENTS SECTION I: Introduction ..................................................................3 SECTION II: General Provisions .............................................................4 SECTION III: Alimony and Child Support Provisions ............................................ 10 SECTION IV: Property Distribution Provisions ................................................. 12 SECTION V: Closing Provisions and Execution ................................................ 14 01 SECTION I INTRODUCTION THIS AGREEMENT made this -0711-1 day of MaAcdl% , 2002, by and between Linda K. Shevenock ("Wife") and Edward H. Shevenock, Jr. ("Husband"). WITNESSETH: WHEREAS, Linda K. Shevenock, Social Security Number 161-44-8287, was bom on June 11, 1951, and currently resides at 306 Saint Marks Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. WHEREAS, Edward H. Shevenock, Jr., Social SecurityNumber 169-44-3752, was bom on March 9, 1952, and currently resides at 428 Spring House Road, Camp Hill, Cumberland County, Pennsylvania 17011. WHEREAS, the parties hereto are Husband and Wife, having been married on October 8, 1976, in Butler, Butler County, Pennsylvania. WHEREAS, the parties have three children: Emily Shevenock, DOB November 1, 1979; Meg Shevenock, DOB September 15, 1980; and Lindsay Shevenock, DOB January 13, 1984. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the 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 mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agrees as follows: SECTION II GENERAL PROVISIONS 1. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of §3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. 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. 3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The provisions of this Agreement maybe incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. This Agreement shall survive any such final decree of divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce complaint. 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 Wife by her attorney, Kathleen Carey Daley, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Husband by his attorney, Thomas D. Gould, Esquire. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6. TAX PROVISIONS The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. 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 ofany 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 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 aforesaidjoint returns. The parties agree to sign joint 2001 federal and state tax returns. The refund amounts shall be distributed 50 percent to Wife and 50 percent to Husband, which he shall use for the higher education expenses of the children. 7. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. 8. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have, or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutelyand unconditionally releases and forever discharges the other and his or her heirs, executors, administrations, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, courtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights ordemands whatsoever, in law or in equity, which either party ever had or now has against the other. 9. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. Each of the parties acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, depositions and all other means of discovery permitted under the Pennsylvania Rules of Civil Procedure. Each party is satisfied that no additional information is necessary for the execution of this Agreement. 10. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 11. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 12. REMEDIES IN THE EVENT OF A BREACH Any party breaching this Agreement shall be liable to the other party for all costs, including reasonable counsel fees incurred by the non breaching party to enforce his or her rights under the provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of whether litigation is instituted. In the event of default of any of the provisions of this Agreement by one of the parties, the remedies available to the other are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories or equity, under the Domestic Relations Code as amended, including § 3105 of the Domestic Relations Code (which includes contempt) as if this Agreement had been an Order of Court, and shall not be limited to those remedies specifically referred to in this Agreement. 13. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 14. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 15. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 16. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most after demand thereof) 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. 17. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 18. SEVERABILITV AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision ofthis Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions' precedent, shall in no way avoid or alter the remaining obligations of the parties. 19. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Linda K. Shevenock, 306 Saint Marks Road, Mechanicsburg, Pennsylvania 17050, or counsel for Linda K. Shevenock, or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Edward H. Shevenock, Jr., 428 Spring House Road, Camp Hill, Pennsylvania 17011, or counsel for Edward H. Shevenock, Jr., or such other address as Husband from time to time may designate in writing. 20. 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. SECTION III ALIMONY AND CHILD SUPPORT PROVISIONS 1. ALIMONY Husband agrees to pay alimony to Wife under the following schedule: (1) Commencing the first of the month following the execution of this Agreement through June 30, 2002, the sum of $1,000 per month; (2) Commencing July 1, 2002, for a period of three (3) years, the sum of $850 per month; (3) Commencing July 1, 2005, for a period of four (4) years $700 per month, and; (4) Commencing July 1, 2009 for a period of four (4) years, $600 per month. After July 1, 2013, no further payments shall be made. These payments shall be fixed in term and amount and shall be terminated at the first of the following provisions: (1) Wife's death; (2) Husband's death; (3) If Wife has remarried or cohabitated she will not be eligible for the payments scheduled to occur after July 1, 2006. These events will not affect the payments scheduled to occur prior to July 1, 2006, or; (4) July 1, 2013 after which no payments will be due. Wife has agreed to accept this reduced calculation of alimony so as to permit Husband to continue to help to support the children through their undergraduate education. 10 2. CHILD SUPPORT There is currently an order for child support entered to Docket No. 00734 S 1999, PACSES No. 554101436, for the support of Wife and one child. The parties agree that this order shall be ended and superceded by the alimony order set forth above. In the event that Wife was to seek a modification of child support after the execution of this Agreement, all Husband's obligations set forth above for alimony shall be rendered null and void. SECTION IV PROPERTY DISTRIBUTION PROVISIONS 1. RETIREMENT BENEFITS Husband is a participant in a retirement plan through the State Employees' Retirement System. The parties agree that a Domestic Relations Order shall be entered by the Court of Common Pleas of Cumberland County and provided to the State Employees' Retirement System Plan to provide for a monthly distribution to Wife. The benefit to Wife shall be the amount determined under the following formula: Husband's benefit after withdrawal of Option 4 funds and upon election of a Joint and Survivor Annuity to benefit Wife x a coverture fraction numerator of 22 years / denominator of the total number of years of service x 55% Wife's benefit Husband shall be required to file an election to provide Wife with a survivor benefit, but shall be free to select any option which will provide Wife with a survivor benefit guaranteeing a payment to her of no less than the amount stated above for the duration of her life. Husband also has significant "Option 4" monies through the State Employee's Retirement System and a life insurance policy with an approximate cash value of $10,000. Due to the fact that Husband is not in a position to pay to Wife this amount at this point in time, Husband agrees to pay to Wife the sum of $33,161 plus interest at the rate of 4 percent per annum commencing March 1, 2002 and ending at such time as Husband retires. Husband is not obligated to withdraw these sums under "Option 4" and may pay this amount to Wife with funds from any other source he may have. This payment shall be made within sixty (60) days of Husband's retirement. Wife had approximately $3,700 in the State Employees' Retirement System which she has distributed into an IRA account. The parties agree that this IRA account shall remain Wife's sole and separate property and Husband does hereby specifically waive, release, renounce and forever abandon any claims which he may have with respect to this account or any other retirement benefit of Wife, which shall thereafter be the sole and exclusive property of Wife. 12 2. OTHER ASSETS The parties own checking and savings accounts, savings bonds, household goods and furnishings and a Dodge van which had a loan due at the time of separation in the amount of approximately $6,700. The parties agree that the household goods and furnishings have been divided to their mutual satisfaction, the Dodge van and all other personal property in Husband's possession shall remain the sole and separate property of Husband, and the personal property in Wife's possession shall remain her sole and separate property. The parties do hereby specifically waive, release, renounce and forever abandon any claims which either may have with respect to the above items, which shall thereafter be the sole and exclusive property of the other. The parties agree to execute any documents necessary to transfer titles to vehicles or other assets within thirty (30) days of the date of this Agreement. 3. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as through he or she were unmarried. 4. REAL ESTATE A. Marital Residence - The parties acknowledge that they are the owners of certain real property known as 428 Spring House Road, Camp Hill, Pennsylvania 17011 (hereinafter "Marital Residence"), which is subject to a mortgage. The parties agree as follows with respect to the Marital Residence: (1) The parties agree that Husband shall retain the Marital Residence as his sole and separate property. Wife shall sign a Deed transferring the Marital Residence into Husband's name alone and Husband shall hold Wife harmless from any debt or liabilities with regard to the Marital Residence. (2) On or before July 1, 2002, Husband shall have Wife's name removed from the current Home Equity Loan. (3) Husband shall pay Wife the sum of $ 10,000 on or before July 1, 2002. In the event that Husband fails to make the payment required under this Agreement, he shall pay interest at the rate of 10% per annum retroactive to date of Agreement. 13 SECTION V CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. ?? ??Il ? ?¢.a?ooa WITNESS EDWARD H. SHEVENOCK, JIM. DATE LINDA K. SHEVENOCK DATE 14 c c LLJ -'= C:j S N ? W L? L L. Q O J n 3 z Z!8 U a L Q ex W M J ? m Q N ? c x LINDA SHEVENOCK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 5615 CIVIL EDWARD H. SHEVENOCK, JR., Defendant IN DIVORCE ORDER OF COURT AND NOW, this ? day of , 2002, the economic claims raised in the proceedings having been resolved in accordance with an agreement dated March 27, 2002, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, CC: Kathleen Carey Daley Attorney for Plaintiff Thomas J. Gould Attorney for Defendant Geoee P J. intiu-2.-s( 's?o9•o? FILED !C;TICE OF Tr;' L4iP 02 APR -9 ;,N u: n8 CU LEh,,`,,.;j COUNIY PENNSYLV/tN A AGREEMENT BETWEEN EDWARD H. SHEVENOCK, JR. AND LINDA K. SHEVENOCK Kathleen Carey Daley, Esquire Thomas D. Gould, Esquirc Counsel for Wife Counsel for Husband TABLE OF CONTENTS SECTION I: Introduction ..................................................................3 SECTION II: General Provisions .............................................................4 SECTION III: Alimony and Child Support Provisions ............................................ 10 SECTION IV: Property Distribution Provisions ................................................. 12 SECTION V: Closing Provisions and Execution ................................................ 14 SECTION I INTRODUCTION THIS AGREEMENT made this -9-14? day of 2002, by and between Linda K. Shevenock ("Wife") and Edward H. Shevenock, Jr. ("Husband"). WITNESSETH: WHEREAS, Linda K. Shevenock, Social Security Number 161-44-8287, was bom on June 11, 1951, and currently resides at 306 Saint Marks Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. WHEREAS, Edward H. Shevenock, Jr., Social SecurityNumber 169-44-3752, wasborn on March 9, 1952, and currently resides at 428 Spring House Road, Camp Hill, Cumberland County, Pennsylvania 17011. WHEREAS, the parties hereto are Husband and Wife, having been married on October 8, 1976, in Butler, Butler County, Pennsylvania. WHEREAS, the parties have three children: Emily Shevenock, DOB November 1, 1979; Meg Shevenock, DOB September 15, 1980; and Lindsay Shevenock, DOB January 13, 1984. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution ofsuch 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 mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agrees as follows: SECTION II GENERAL PROVISIONS 1. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of §3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. 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. 3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The provisions of this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. This Agreement shall survive any such final decree of divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce complaint. 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. 4 5. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Kathleen Carey Daley, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Husband by his attorney, Thomas D. Gould, Esquire. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6. TAX PROVISIONS The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. 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 taxis 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 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 aforesaidjoint returns. The parties agree to sign joint 2001 federal and state tax returns. The refund amounts shall be distributed 50 percent to Wife and 50 percent to Husband, which he shall use for the higher education expenses of the children. 7. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if theywere unmarried, Each may, for his or her separate use or benefit, conduct, carryon and engage in anybusiness, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. 8. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate ofthe other for all purposes from any and all rights and obligations which either may have, or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrations, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, courtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights ordemands whatsoever, in law or in equity, which either party ever had or now has against the other. 9. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. Each of the parties acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, depositions and all other means of discovery permitted under the Pennsylvania Rules of Civil Procedure. Each party is satisfied that no additional information is necessary for the execution of this Agreement. 10. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 11. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 12. REMEDIES IN THE EVENT OF A BREACH Any party breaching this Agreement shall be liable to the other party for all costs, including reasonable counsel fees incurred by the non breaching party to enforce his or her rights under the provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of whether litigation is instituted. In the event of default of any of the provisions of this Agreement by one of the parties, the remedies available to the other are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories or equity, under the Domestic Relations Code as amended, including § 3105 of the Domestic Relations Code (which includes contempt) as if this Agreement had been an Order of Court, and shall not be limited to those remedies specifically referred to in this Agreement. 13. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 14. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 15. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 16. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most after demand thereof) 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. 17. 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 noway affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 18. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions' precedent, shall in no way avoid or alter the remaining obligations of the parties. 19. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Linda K. Shevenock, 306 Saint Marks Road, Mechanicsburg, Pennsylvania 17050, or counsel for Linda K. Shevenock, or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Edward H. Shevenock, Jr., 428 Spring House Road, Camp Hill, Pennsylvania 17011, or counsel for Edward H. Shevenock, Jr., or such other address as Husband from time to time may designate in writing. 20. 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. SECTION III ALIMONY AND CHILD SUPPORT PROVISIONS 1. ALIMONY Husband agrees to pay alimony to Wife under the following schedule: (1) Commencing the first of the month following the execution of this Agreement through June 30, 2002, the sum of $1,000 per month; (2) Commencing July 1, 2002, for a period of three (3) years, the sum of $850 per month; (3) Commencing July 1, 2005, for a period of four (4) years $700 per month, and; (4) Commencing July 1, 2009 for a period of four (4) years, $600 per month. After July 1, 2013, no further payments shall be made. These payments shall be fixed in term and amount and shall be terminated at the first of the following provisions: (1) Wife's death; (2) Husband's death; (3) If Wife has remarried or cohabitated she will not be eligible for the payments scheduled to occur after July 1, 2006. These events will not affect the payments scheduled to occur prior to July 1, 2006, or; (4) July 1, 2013 after which no payments will be due. Wife has agreed to accept this reduced calculation of alimony so as to permit Husband to continue to help to support the children through their undergraduate education. 10 2. CHILD SUPPORT There is currently an order for child support entered to Docket No. 00734 S 1999, PACSES No. 554101436, for the support of Wife and one child. The parties agree that this order shall be ended and superceded by the alimony order set forth above. In the event that Wife was to seek a modification of child support after the execution of this Agreement, all Husband's obligations set forth above for alimony shall be rendered null and void. SECTION IV PROPERTY DISTRIBUTION PROVISIONS 1. RETIREMENT BENEFITS Husband is a participant in a retirement plan through the State Employees' Retirement System. The parties agree that a Domestic Relations Order shall be entered by the Courtof Common Pleas of Cumberland County and provided to the State Employees' Retirement System Plan to provide for a monthly distribution to Wife. The benefit to Wife shall be the amount determined under the following formula: Husband's benefit after withdrawal of Option 4 funds and upon election of a Joint and Survivor Annuity to benefit Wife x a coverture fraction numerator of 22 years I denominator of the total number of years of service x 55% Wife's benefit Husband shall be required to file an election to provide Wife with a survivor benefit, but shall be free to select any option which will provide Wife with a survivor benefit guaranteeing a payment to her of no less than the amount stated above for the duration of her life. Husband also has significant "Option 4" monies through the State Employee's Retirement System and a life insurance policywith an approximate cash value of $10,000. Due to the fact that Husband is not in a position to pay to Wife this amount at this point in time, Husband agrees to pay to Wife the sum of $33,161 plus interest at the rate of 4 percent per annum commencing March 1, 2002 and ending at such time as Husband retires. Husband is not obligated to withdraw these sums under "Option 4" and may pay this amount to Wife with funds from any other source he may have. This payment shall be made within sixty (60) days of Husband's retirement. Wife had approximately $3,700 in the State Employees' Retirement System which she has distributed into an IRA account. The parties agree that this IRA account shall remain Wife's sole and separate property and Husband does hereby specifically waive, release, renounce and forever abandon any claims which he may have with respect to this account or any other retirement benefit of Wife, which shall thereafter be the sole and exclusive property of Wife. 12 2. OTHER The parties own checking and savings accounts, savings bonds, household goods and furnishings and a Dodge van which had a loan due at the time of separation in the amount of approximately $6,700. The parties agree that the household goods and furnishings have been divided to their mutual satisfaction, the Dodge van and all other personal property in Husband's possession shall remain the sole and separate property of Husband, and the personal property in Wife's possession shall remain her sole and separate property. The parties do hereby specifically waive, release, renounce and forever abandon any claims which either may have with respect to the above items, which shall thereafter be the sole and exclusive property of the other. The parties agree to execute any documents necessary to transfer titles to vehicles or other assets within thirty (30) days of the date of this Agreement. 3. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or ri ght of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as through he or she were unmarried. 4. REAL ESTATE A. Marital- Residence _ The parties acknowledge that they are the owners of certain real property known as 428 Spring House Road, Camp Hill, Pennsylvania 17011 (hereinafter "Marital Residence'), which is subject to a mortgage. The parties agree as follows with respect to the Marital Residence: (1) The parties agree that Husband shall retain the Marital Residence as his sole and separate property. Wife shall sign a Deed transferring the Marital Residence into Husband's name alone and Husband shall hold Wife harmless from any debt or liabilities with regard to the Marital Residence. (2) On or before July 1, 2002, Husband shall have Wife's name removed from the current Home Equity Loan. (3) Husband shall pay Wife the sum of$ 10,000 on or beforeJuly 1, 2002 In the event that Husband fails to make the payment required under this Agreement, he shall pay interest at the rate of 10% per annum retroactive to date of Agreement. 13 SECTION V CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. D. 4-1ky - oozL WITNESS EDWARD H. SHEVENOCK, DATE LINDA K. SHEVENOCK DATE 14 LINDA SHEVENOCK, Plaintiff V. EDWARD H. SHEVENOCK, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-5615 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: September 16, 1999, by certified mail, restricted delivery. 3. (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 March 27, 2002; by Defendant March 27, 2002. (b)(1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: N/A; (2) Date of filing and service of the Plaintiffs affidavit upon the respondent: N/A. 4. Related claims pending: None. I 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: N/A. (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: April 3, 2002. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: April 3, 2002. Kathleen Carey DaTey, Esq. Attorney No. 30078 C/ 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff c n . . _r ° 5r V N O .7 V cr IL f. ? C: i 1__ CJ'- .41 u O- 1:2 i- c : u. N ? O o ZU D s. m ym S ?iZm g 3 0 rrl D ? v N LINDA SHEVENOCK, Plaintiff V. EDWARD H. SHEVENOCK, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE 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 Cumberland County Prothonotary, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 Le han demandado a usted en Ia corte. Si usted quiere defenderse de estas demandas expuestas en ]as paginas siguientes, usted tiene viente (20) dies 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 puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE EiNCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 LINDA SHEVENOCK, Plaintiff V. EDWARD H. SHEVENOCK, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. : IN DIVORCE COUNT I DIVORCE AND NOW comes the above Plaintiff, Linda Shevenock, by her attorney, Kathleen Carey Daley, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Linda Shevenock, is an adult individual who resides at 428 Spring House Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, Edward H. Shevenock, Jr., is an adult individual who resides at 4224 Ridge Drive, Harrisburg, Dauphin County, Pennsylvania 17109. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 8, 1976, in Butler, Butler County, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its Amendments. 6. The cause(s) of action and section(s) of Divorce Code under which Plaintiff is proceeding are: B. Section 3301(a)(6). Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. C. Section 3301(c). The marriage of the parties is irretrievably broken. 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 may also file such an Affidavit. D. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on November 26, 1998. 7. There have been no prior actions in divorce between the parties. 8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the parties to participate in counseling. 9. The parties may enter into a written agreement with regard to support, custody, visitation of children, alimony and property division. In the event that such an agreement is executed by the parties, the agreement may be incorporated by the Court into the final Decree of Divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNT II EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of their marriage until November 26, 1998, the date of their separation. 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property. COUNT III ALIMONY 13. Paragraphs I through 12 of this Complaint are incorporated herein by reference as though set forth in full. 14. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 15. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of alimony in her favor. COUNT IV ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 16. Paragraphs 1 through 15 of the Complaint are incorporated herein by reference as though set forth in full. 17. Defendant earns in excess of $48,698 gross per year and has assets which have not yet been ascertained. 18. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 19. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. 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.A. §4904 relating to unworn falsification to authorities. Date: © «??l By: A (X\-L A?O??JC_ LINDA SHEVENOCK, Plaintiff By: kthlecn f arey Daley, E 're Attorney No. 30078 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff W ^ O g 3 Uan } QcC D ^ m u i Q 0 c ?v d LINDA SHEVENOCK, Plaintiff V. EDWARD H. SHEVENOCK, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5615 IN DIVORCE AFFIDAVIT OF SERVICE Kathleen Carey Daley, Esquire, being duly swom according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 16th day of September, 1999, she did serve upon Edward H. Shevenock, Jr., the Defendant in the foregoing case, a true and correct copy of the Complaint in Divorce by sending to him, by certified mail, restricted delivery, to 4224 Ridge Drive, Harrisburg, Pennsylvania 17109. The receipt for said Complaint is attached. Said copy ofthe Complaint was duly endorsed with notice to Defendant to appear and answer or the matter would proceed without him. Sworn to ands scribed before me this day of 200 0 Oh A4bUQQ ? 2111 Ilk By; . /?L' 6", K K hleen Carey Daley, Es . Attorney No. 30078 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 Attorney for Plaintiff j? SENDER: ocanpu.e« ?? CRDM ydyyuo?ow I4 O??•Ie11Call tlee6 j§ ?Wd11 'RINIn I tie I.wTM. - R? 'or 2 for addeonel servkn. NW 4b. ldMI on file rNern of tNs lnrrn b Net N'e can slum u,, kM of the msNpeu, or m ale back it space don M l ? Nee da ANW number. below deswnd end ft date I also xdah to receive the follow. I If III services (for an extra lee): ? t • ? Addres$OWS Address 2.-XReeMcted Delivery 3. ArtldeCA\ddreed to: 4a. Article Number dY• [.VYYe,vt???\S?evenx.?Cl'?4b.SermZ'Type SD8 l 1 ?•!? %42 Registered * art,., ?Express mail ?ued AN 1?',? weYQIC 13 Return Receipt for Meremndlea ? COD 9 ; P (? 7. Date of Delivery , E.R y: t ame) B. Adtlreesee'S Address Cny ffreglrestedand lee is paid) 8. Sip I (Addresses, MMpM PS Form 3811, December 1894 1025 es.se-B W Domestic Retum Receipt y. I VJ'. Cam: lL ? III IJ I ti1L v ? D qq r ?4?y -mG dmm oI v O N D ?' n m _v N LINDA SHEVENOCK, Plaintiff V. EDWARD H. SHEVENOCK, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5615 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 14, 1999. 2. The marriage of Plaintiffand 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.A. §4904 relating to unsworn falsification to authorities. 1 Date: C? By: LINDA SHEVENOCK, Plaintiff , ("? I Social Security No.: ?? r r• { =i °- O L) cn p . 7 . u_'; L? n_ i 5 uh ?' G P o U D 0 .y Zm C c y? O 'A Z ? D n _? y LINDA SHEVENOCK, Plaintiff V. EDWARD H. SHEVENOCK, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-56 t 5 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) 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.A. §4904 relating to unswom falsification to authorities. Date: ??r By: 4? LINDA SHEVENOCK, Plaintiff Lu f" ? ?LQ C> N ?? O V Z G . .. ?? O J Yc r N o U ?Zm C ? C AgM n D 0 m ?+ N LINDA SHEVENOCK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. EDWARD H. SHEVENOCK, JR., Defendant NO. 99-5615 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 14, 1999. 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.A. §4904 relating to unswom falsification to authorities. Date: pe`r? 33")o003. By: EDWARDH.SHEVENOCK-,R?--- Defendant Social Security No. I ?' q13 M CSC' ,7 . G U 2 Vmm con 0 O Z_ 3 n m v_ y LINDA SHEVENOCK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. EDWARD H. SHEVENOCK, JR., Defendant NO. 99-5615 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) 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.A. §4904 relating to unswom falsification to authorities. Date: f' °,` nl d.0I By: r . EDWARD H. S VENOC , JR., Defendant ter, r-' c^r - n O o U 2 A r MM 0, (A Zm < O 14 <p P ? rir ? D n r s-s -e !l ?.rn IN THE COURT OF COMMON PLEAS OF L CUMBERLAND COUNTY, PENNSYLVANIA M ?Tl? CIVIL ACTION - LAW VS. If NO.?9?? CIVIL IN DIIVORCE STATUS SHEET 19 DATE: l,Do ACTIVITIES: e eA L o?o 3 L7 D'!_. r LINDA SHEVENOCK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 5615 CIVIL EDWARD H. SHEVENOCK, JR., Defendant IN DIVORCE TO: Kathleen Carey Daley , Attorney for Plaintiff Edward H. Shevenock, Jr. , Defendant DATE: Tuesday, March 28, 2000 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. '.a (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. LINDA SHEVENOCK, Plaintiff VS. EDWARD H. SHEVENOCK, JR., : Defendant TO: Kathleen Carey Daley Edward H. Shevenock, Jr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 5615 CIVIL IN DIVORCE , Attorney for Plaintiff , Defendant DATE: Tuesday, March 28, 2000 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. 4vc /l U lay- (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. -L-31 ? DATE NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. ?i DALEY LAw oFFICE$ 1029 Scenery Drive Harrisburg. PA 17109 717-657-4795 Fax 717-657-4996 To: Ms. Traci Jo Colyer Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 Transmittal Shevenock v. Shevenock (Date 9/5/02 Enclosed please find the following: 2 copies of the executed Marriage Settlement Agreement, pursuant to your converses#-4^n ...;..., n_ This material is sent: ? For your information ? For your review ,?<At your request ? Please call to discuss ? Please schedule an appointment ? Please sign and return By: OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240.6535 E. Robert ERcker, 11 Divorce Master Traci Jo Colyer Ollice Manager/Reporter July 17, 2000 Kathleen Carey Daley Attorney at Law 1029 Scenery Drive Harrisburg, PA 17109 West Shore 697-0371 Ext. 6535 RE: Linda Shevenock vs. Edward H. Shevenock, Jr. No. 99 - 5615 Civil In Divorce Dear Ms. Daley: You are aware of the procedure in this office regarding certification that discovery is complete followed by a directive for the filing of pretrial statements. The fact that your client is "quite upset" is not a compelling reason for me to move this case forward without the required certification and pretrial statements. Most people who are involved with this office are upset. It appears to me that your letter was written for the benefit of your client. As you also are aware, if discovery is unable to be completed because of lack of cooperation from an opposing party or counsel, you can proceed with a motion to compel. Apparently, that is what action your are going to take and when the discovery is complete, we will issue a directive for the filing of pretrial statements. I Ms, Daley, Attorney at Law 2 July 17, 2000 Further, I have not heard Mr. Gould's position regarding the status of discovery. Very truly yours, E. Robert Elicker, II Divorce Master cc: Thomas Gould, Esquire DALEY LAW OFFICES 1029 SCENERY DRIVE • HARRISBURG, PA 17109 • (717) 657479) • PAX (717) 657.4996 July 13, 2000 E. Robert Elicker II, Esquire ATTORNEY AT LAW 9 North Hanover Street Carlisle, PA 17013 RE: Shevenock v. Shevenock Dear Mr. Elicker: My office contacted your office recently to determine the status of the Shevenock matter. When my paralegal spoke with Tracy, she indicated that you would not set a pre-hearing conference in this matter due to the fact that I have not filed a certification that discovery is complete. I would respectfully ask you to reconsider your decision in that regard. Mr. Shevenock has been served with discovery and has not responded to date. Initially, he had not hired an attorney, but subsequently, Tom Gould agreed to represent him. Tom has assured me that he will provide me with the documents we need to value the case and proceed, but to date, I have not received the documents. Although I am aware that I can file motions to compel this information, and I will do so, I would like to get this matter in the pipeline to move it toward a final decree. Would you please permit me to continue to work on obtaining documents that I need either by receiving them directly from Tom, or by compelling their production through the court? I would like to move this case forward so that I can get Mrs. Shevenock divorced at sometime in the foreseeable future, as she is quite upset about the current situation. Thank you for your help in this matter. Very truly ours Kathleen Carey Daley KCD:ksm cc: Linda K. Shevenock Thomas Gould, Esquire LINDA SHEVENOCK, Plaintiff V. EDWARD H. SHEVENOCK, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99-5615 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Linda Shevenock, Plaintiff, moves the Court to appoint a Master with respect to the following claims: (X) Divorce () Annulment (X) Alimony (X) Alimony Pendente Lite (X) Distribution of Property () Support (X) Counsel Fees (X) Costs and Expenses and in support of the motion states: I. Discovery is complete as to the claims for which the appointment of a Master is requested. 2. The Defendant has not appeared in the action through counsel. The address of Defendant is: 4224 Ridge Drive, Harrisburg, Pennsylvania 17109. 3. The statutory grounds for divorce are: 3301(a)(6), 3301(c) or 3301(d). 4. Check the applicable paragraph(s): () The action is not contested. () An agreement has been reached with respect to the following claims: (X) The action is contested with respect to the following claims: Divorce, Equitable Distribution ofProperty, Alimony, Alimony Pendente Lite, Counsel Fees, and Costs and Expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motion: None. Respectfully submitted, Date: 3-15-00 DALEY LAW OFFICES 10 IkAAA10 ?'A I] U 3&-it - Kathleen Carey Daley, E ui e Attorney No. 30078 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff AND NOW, ;kj2ZZ/ -7-;2- , 2000, E. Robert Elicker, Esquire, is appointed master with respect to the following claims: Divorce, Equitable Distribution of Marital Property, Alimony, Alimony Pendente Lite, Counsel Fees, and Costs and Expenses BY THE COURT: '"Q?rypO OUMill' 2.: Ai1II:09 CUv::_,i- :.) UUNTY S N ? W ZZ^ 1a. C Q W o 3 wz? U IL fn W ^im c n ? 0 o ' 7 i fv '_ A LINDA SHEVENOCK, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO. 99-5615 CIVIL TERM EDWARD H. SHEVENOCK, IR., Defendant : IN DIVORCE INCOME AND EXPENSE STATEMENT UNDER RULE 1920.31 I hereby file the Statement of Income and Expenses required under Rule 1920.31 and verify that the information therein contained is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Date: By: A???AX Linda Shevenock, Plaintiff INCOME AND EXPENSE STATEMENT OF PLAINTIFF LINDA SHEVENOCK INCOME Employer: Cumberland Valley School District Address: 6746 Carlisle Pike Mechanicsburg, PA 17055 Type of Work: Library Aide Payroll Number: 161-44-8287 Pay Period: Bi-weekly Gross Pay Per Pay Period: $470.35 Itemized Payroll Deductions: Federal Withholding $32.34 Social Security $31.11 Local Wage Tax $5.01 State Income Tax $14.04 Retirement $31.36 Medicare Tax $7.28 Net Pay Per Pay Period $349.21 Net Pay Per Month $756.62 EXPENSES (anticipated after divorce) MONTHLY HOME: Mortgage/Rent $750.00 Utilities: Electric $200.00 Sewer $ 20.00 Telephone $ 50.00 Water $ 25.00 EMPLOYMENT: Lunch $ 25.00 INSURANCE: Automobile(s) $ 50.00 AUTOMOBILES: Payments $300.00 Fuel (all vehicles) $ 40.00 Repairs $ 30.00 MEDICAL: Doctor $ 20.00 Dentist $ 20.00 PERSONAL: Clothing $150.00 Food $300.00 Barber/liairdresser $ 20.00 MISCELLANEOUS: Entertainment $100.00 Pay T.V. $ 30.00 Vacation $100.00 Gifts (for children and others) $100.00 Legal Fees $ 50.00 Additional expenses for children including food, clothing, utilities, entertainment, vacation, etc. $1,500.00 TOTAL EXPENSES $3580.00 P i L« PIYC \1 XO -100 MI- ¦ W \1 Ot m m1¦ YY YW C L Z Z W U -1--l ¢..rJ WO< m L Z?I ? q V6?f P V OP- NAP 00 M\ tPm 6 O W W OfZ 6GF 0«1 ti c 1 0 1 «OI Y¦I Y < 1 1 a 1 ? 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T D^? n ? N _ LINDA SHEVENOCK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 99-5615 CIVIL TERM EDWARD H. SHEVENOCK, JR., : CIVIL ACTION - LAW Defendant : IN DIVORCE INVENTORY UNDER RULE 1920.33 Linda Shevenock, Plaintiff, files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. She verifies that the statements made in this inventory are true and correct. She understands that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date:_- 3 4 `'Cu D By:?h4?tf VJ ?w cP? Linda Shevenock, Plaintiff ASSETS OF PARTIES PLAINTIFF, LINDA SHEVENOCK, MARKS ON THE LIST BELOW THOSE ITEMS APPLICABLE TO THE CASE AT BAR AND ITEMIZES THE ASSETS ON THE FOLLOWING PAGES. (J) 1. Real Property (X) 2. Motor Vehicles (X) 3. Stocks, bonds, securities and options () 4. Certificates of Deposit (7C) 5. Checking accounts, cash () 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit box(s) () 8. Trusts (3) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) (7) 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) () 16. Employment termination benefits-severance pay, worker's compensation claim/award () 17. Profit sharing plans () 18. Pension plans (indicate employee contribution and date plan vests) (7) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. N ilitaryN.A. benefits () 23. Education benefits (X) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other a O a ggo s? ggM w? a? m? •g a d e 31 w ?e a o a3 a ? mz e a ?0. d? d a z a `od a za P a S a 'C ti .8Q3 S 0 '? qmq ppppppppp o? o tp pC °' m x °' a p, tqq . x d .^J it ° '_ ? ° r •? C 4. ° a ,+ iipCC •?g , ° .?'y?+ ?0 !gyOO?. ,?29? ci3? ,°0 y9 o e 4a ?'S?? 7O O•tlO 7? 7 (5 31 0 N ? e o O Zd x x S 5 x B a W 'C N a I - z ? d E G Z o ? ? St?25 a< Ua¢ ?r§- G E E k, v U4V? .?76 :7 0 m cn o? 'C 5 v<i .7E ?, z I ri ri vi If Y z 's g L a A y d ., z v d 0 Y 'a 8 8 H 0 ? ? z H y e8 ? $ 8 e? eg 8 8 qo g? aH z H aH aH v, ,,, ? Nw ?y Zvi y? a .? yy?a 7?a ???yyaC ?'a ..] W ? W ? 41 etl W Y 0 UR?o y=° p a°= U yw a2 yitd ?2d .F7 ?o$m `o$ ? CA ?? to a<z 3?z < .°: ?° = m? s°u. ?o ri ad at .°. to w W W W R« ? C .: C J G J ? G ,Cp«? ? C C J O O.'9 O'? O G9 W p 4E. u'O x Q tit =0 go: u 9 i 2C O p p i ao y? ti? ?s ar sy? ?? =a N V) by N? W n y 9 0 Z? ob p? q 57 r+l ? [r] ? r li m u' J m u? A u? end u? e?2 Yo u aC 00 J p 00 s e°9 ? ?? v ? ? .G{ u ??gE o ?v a ?°Jane? c Lb Z L' a?g?E.eo 2 y d o o s8 Su° a a z 0 a a a 8 .c F a <? As I" d 3?8? 3s a D F y Wii• 7 a ,yp? ' H ? p w y ti O ? ? H ?C{ Iz°? .. ? ? !n 3 3S o U 11 1 e4 rl.= o 0 O C.7 J ca Ci D M v 10 0 a m D Z CZm o<v ? ? gC T D rti ? v_ y LINDA SHEVENOCK, Plaintiff V. EDWARD H. SHEVENOCK, JR., Defendant AND NOW, this day of IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5615 IN DIVORCE ORDER 2002, upon presentation and consideration of the within petition brought by the Plaintiffs attorney, Kathleen Carey Daley, Esquire, it is Ordered that the Mastership of E. Robert Elicker, II, be revoked. BY THE COURT: J. LINDA SHEVENOCK, Plaintiff V. EDWARD H. SHEVENOCK, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 99-5615 IN DIVORCE PETITION TO REVOKE MASTER TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Plaintiff, Linda Shevenock, respectfully represents as follows: 1. The parties have entered into a Marriage Settlement Agreement, whereby settling all claims in this matter. 2. The parties have executed Affidavits of Consent and Waivers of Notice. 3. All parties concur with said Petition to Revoke Master. WHEREFORE, the Plaintiff respectfully requests that the appointment of E. Robert Elicker, R as Master in the above-captioned divorce action be revoked. submitted, By: Kathleen Carey Daley, Attorney No. 30078 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff CERTIFICATE OF SERVICE 1, Kathleen Carey Daley, Esquire, hereby certify that on the date indicated below, I served a true and correct copy of the foregoing Petition to Revoke Master on the following by First Class United States Mail, addressed as follows: E. Robert Elicker, II, Divorce Master Office of Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 Thomas D. Gould, Esquire ATTORNEY AT LAW 2 East Main Street Shiremanstown, PA 17011 Date: b 3 /6 Z *hleen Daley, q 're Attorney No. 30078 DALEY LAW OFFICES 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff LINDA SHEVENOCK, Plaintiff V. EDWARD H. SHEVENOCDK, JR., Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5615 IN DIVORCE PRAECIPE Please withdraw Count II, Equitable Distribution, Count III, Alimony, and Count IV, Alimony Pendente Lite, Counsel Fees, Costs and Expenses, from Plaintiffs Complaint in Divorce. Respectfully submitted, DALEY LAW OFFICES Date: By: 1tCathleen Carey Daley, ttorney No. 30078 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff r- c Cy,? ! Ti Ti i: : Cl) C S LL . . CT i O . iJ ??,,CC7 r- cC ?U O U ,z yMM S azz lZm o<o ? Ng? ? a n m `O LINDA SHEVENOCK, Plaintiff V. EDWARD H. SHEVENOCK, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 99-5615 CIVIL TERM IN DIVORCE ELECTION TO RETAKE MAIDEN NAME Notice is hereby given that the Plaintiff, in the above matter, having filed an action in divorce on the 141" day of September, 1999, hereby elected to retake and hereafter use her maiden name of Linda IC Spiece, and gives this written notice avowing her intention in accordance with the provision of 54 Pa.C.S.A. §704(a). Date: 4-a- aa_ L Linda K.Shevenock TO BE KNOWN AS: Linda K. Spiece 'i COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND AFFIDAVIT n? ,n On the ? day of ik , 2002, before me, a Notary Public, personally appeared Linda K. Shevenock, known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 4 ' C)A NOTARIAL SEAL PATRICIAA. PATTON, Notary Public Lower Paxton Twp., Dauphin County 1my Commission Ex ores June 20,2& T c B,? .pp LL. L?: lJJ L L U V O L C) O Q U I .. r-- ? , ?, rv i? i i , ? ?? ? i (., rn ??- i ''i . ..? c ??? i i '? [,i yi U t -., LINDA SHEVENOCK, Plaintiff V. EDWARD H. SHEVENOCK, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 99-5615 IN DIVORCE k ORDER AND NOW, this _dayof ,2002, upon presentation and consideration of the within petition brought by the Plaintiffs attorney, Kathleen Carey Daley, Esquire, it is Ordered that the Mastership of E. Robert Elicker, II, be revoked. BY THE COURT: /" ay_J. "boLd C" - - -. `MARY C. 2 AP? 1 1 61`1 9; 9? r L'I •:I ?J? ..? i u'fr? LINDA SHEVENOCK, Plaintiff V. EDWARD H. SHEVENOCK, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 99-5615 IN DIVORCE PETITION TO REVOKE MASTER TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Plaintiff, Linda Shevenock, respectfully represents as follows: 1. The parties have entered into a Marriage Settlement Agreement, whereby settling all claims in this matter. 2. The parties have executed Affidavits of Consent and Waivers of Notice. 3. All parties concur with said Petition to Revoke Master. WHEREFORE, the Plaintiffrespectfully requests that the appointment of E. Robert Elicker, 11 as Master in the above-captioned divorce action be revoked. submitted, By: Kathleen Carey Daley, Attorney No. 30078 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff ii y ff x' i~ CERTIFICATE OF SERVICE I, Kathleen Carey Daley, Esquire, hereby certify that on the date indicated below, I served a true and correct copy of the foregoing Petition to Revoke Master on the following by First Class United States Mail, addressed as follows: E. Robert Elicker, II, Divorce Master Office of Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 Thomas D. Gould, Esquire ATTORNEY AT LAW 2 East Main Street Shiremanstown, PA 17011 Date: b 3 '6 z- K hleen Carey Daley, q 're Attorney No. 30078 DALEY LAW OFFICES 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff > C- U-1 .. N ?Q C: IIl 1 ? C (1j (1. 0 U o+ `i , LL _, L ? Le. ` l^l l u C1+L ? N =.J 1 a r ? vG) ? c ? `7 P Z O 6 D° c ? -n Z 3 T _ D ^5' n z N y JAN 2 0 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA SHEVENOCK, n/Wa LINDA SPIECE Plaintiff V. EDWARD H. SHEVENOCK, JR., Defendant : NO. 99-5615 : CIVIL ACTION - LAW : IN DIVORCE QRDER AND NOW, this day of a 2)1 V .?j ? 200 .S the attached Stipulation and Agreement dated ISLnUARN 1006 of the parties in this case is incorporated, but not merged into this Order of Court. a d BY THE COURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA SHEVENOCK, n/k/a LINDA SPIECE, Plaintiff V. : NO. 99-5615 EDWARD H. SHEVENOCK, JR., : CIVIL ACTION - LAW Defendant : IN DIVORCE STIPULATION FOR THE ENTRY OF "DOMESTIC RELATION ORDER" AND NOW, this 130 day of 200_5, the parties, Linda Shevenock, n/k/a Linda Spiece, Plaintiff, and Edward H. Shevenock, Jr., Defendant, do hereby Agree and Stipulate as follows: 1. The Defendant, Edward H. Shevenock, Jr., (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred to as "SERS"). 2. SERS, as a creation of statute, is controlled by the State Employees' Retirement Code, 71 Pa.C.S. §§5101-5956 ("Retirement Code"). Member's date of birth is March 9, 1952, and his Social Security number is 169- 44-3752. FlLEC?-?Cc I ZJJJ JAN 26 P,"; 3: o l 4. The Plaintiff, Linda Shevenock, nWa Linda Spiece (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is June 11, 1951, and her Social Security number is 161-44-8287. Member's last known mailing address is: 428 Spring House Road, Camp Hill, Cumberland County, Pennsylvania 17011. 6. Alternate Payee's current mailing address is: 21010°i Street, New Cumberland, Cumberland County, Pennsylvania 17070. It is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. Alternate Payee's share of Member's retirement benefits shall be determined using the following formula: .Member's benefit after withdrawal of Option 4 funds and upon election ofa Joint and Survivor Annuity to benefit Alternate Payee x a coverture fraction numerator of 22,vears / denominator of the total number ofyears ofservice Alternate Payee's benefit 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS as a result of a disability which occurs before the Member's marriage to Alternate Payee or after the date of the Member and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to Member by SERS. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph Seven (7), shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date the Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extend of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination Beneficiaries Form filed with the Retirement Board prior to Member's death. A. If the last Nomination of Beneficiaries Form file by member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. B. In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to SERS which will allow the Alternate Payee to check that she has been and continues to be properly nominated under this paragraph, 10. The term and amounts of Member's retirement benefits payable to the Alternate Payee after SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement is dependent upon which option(s) is selected by Member upon retirement. Member and Alternate Payee expressly agree that Member may select any retirement option offered by SERS under the Retirement Code at the time Member files an Application for Retirement Allowance with SERS, provided that the election provides Wife with a survivor benefit guaranteeing a payment to her of no less than the amount stated in Paragraph Seven for the duration of her life. 11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee prior to receipt of all of her payments payable to her from SERS under this Order, any death benefit or retirement benefit payable to Alternate Payee by SERS shall be paid to Alternate Payee's Estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit as set forth in Paragraphs Seven through Nine. 13. In no event shall Alternate Payee have greater benefits or rights other than those that are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Order. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Order are preserved for Member. 14. It is specifically intended and agreed by the parties hereto that this Order: A. Does not require SERS to provide any type of benefit, or any option, not otherwise provided under the Retirement Code; B. Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than actuarial values. 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 17. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. The Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until further Order of Court. WHEREFORE, the parties, intending to be legally bound by the terns of this Stipulation and Agreement, do hereunto place their hands and seals. E&4 ? ??-A Edward H. Shevenock, Jr., Defendant/Member -,n., 2d,.a Thomas D. Gould, Esquire Attorney for Defendant/Member Liddsly Gingrich acl y, E?uire ?A,ttorney for Plai ff/, temate Payee Plaintiff/Alternate Payee ?r ?: -- .?. ?- .. ?.,?_ - ?? j._;. L. f.)?'? ?L. fr. ? _? u_ ??- , CC?_u c r ? U_ in 1 CJ ??? i.J ?? r? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA SHEVENOCK, n/k/a LINDA SPIECE, Plaintiff V. : NO. 99-5615 EDWARD H. SHEVENOCK, JR., : CIVIL ACTION - LAW Defendant : IN DIVORCE STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this 134' day of 'fanu? 200 the parties, Linda Shevenock, n/k/a Linda Spiece, Plaintiff, and Edward H. Shevenock, Jr., Defendant, do hereby Agree and Stipulate as follows: 1. The Defendant, Edward H. Shevenock, Jr., (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred to as "SERS"). 2. SERS, as a creation of statute, is controlled by the State Employees' Retirement Code, 71 Pa.C.S. §§5101-5956 ("Retirement Code"). 3. Member's date of birth is March 9, 1952, and his Social Security number is 169- 44-3752. 4. The Plaintiff, Linda Shevenock, n/k/a Linda Spiece (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is June 11, 1951, and her Social Security number is 161-44-8287. Member's last known mailing address is: 428 Spring House Road, Camp Hill, Cumberland County, Pennsylvania 17011. 6. Alternate Payee's current mailing address is: 210 10th Street, New Cumberland, Cumberland County, Pennsylvania 17070. It is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. 7. Alternate Payee's share of Member's retirement benefits shall be determined using the following formula: Member's benefit after withdrawal of Option 4 funds and upon election of a Joint and Survivor Annuity to benefit Alternate Payee x a coverture fraction numerator of 22 vears / denominator of the total number of years of service Alternate Payee's benefit 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS as a result of a disability which occurs before the Member's marriage to Alternate Payee or after the date of the Member and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to Member by SERS. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph Seven (7), shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date the Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extend of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion (`Balance") shall be paid to the beneficiaries named by Member on the last Nomination Beneficiaries Form filed with the Retirement Board prior to Member's death. A. If the last Nomination of Beneficiaries Form file by member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. B. In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to SERS which will allow the Alternate Payee to check that she has been and continues to be properly nominated under this paragraph. 10. The term and amounts of Member's retirement benefits payable to the Alternate Payee after SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement is dependent upon which option(s) is selected by Member upon retirement. Member and Alternate Payee expressly agree that Member may select any retirement option offered by SERS under the Retirement Code at the time Member files an Application for Retirement Allowance with SERS, provided that the election provides Wife with a survivor benefit guaranteeing a payment to her of no less than the amount stated in Paragraph Seven for the duration of her life. 11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee prior to receipt of all of her payments payable to her from SERS under this Order, any death benefit or retirement benefit payable to Alternate Payee by SERS shall be paid to Alternate Payee's Estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit as set forth in Paragraphs Seven through Nine. 13. In no event shall Alternate Payee have greater benefits or rights other than those that are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Order. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Order are preserved for Member. 14. It is specifically intended and agreed by the parties hereto that this Order: A. Does not require SERS to provide any type of benefit, or any option, not otherwise provided under the Retirement Code; B. Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than actuarial values. 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 17. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. The Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until further Order of Court. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. 4444"I- Edward H. Shevenock, Jr., Defendant/Member Thomas D. Gould, Esquire Attorney for Defendant/Member Plaintiff/Altemate Payee -, _? c? - -„ m ??? _, ?... = - ,, ;:,,_: .._ -,;?, __ ? , ,,?, `> ?? _ ,; ?.> - _' ?' _ _ ?_ ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA SHEVENOCK, n/k/a LINDA SPIECE Plaintiff V. EDWARD H. SHEVENOCK, JR., Defendant : NO. 99-5615 : CIVIL ACT10N - LAW : IN DIVORCE; ORDER AND NOW, this day of T? z 200 J' the attached Stipulation and Agreement dated it of the parties in this case is incorporated, but not merged into this Order of Court. ?O BY THE COURT: K, P,7 i;?C J'i :?.-i I LINDA K. SPIECE n/k/a, Linda K. Burgoon, Plaintiff VS. . EDWARD H. SHEVENOCK, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 99-5615 CIVIL TERM IN DIVORCE PACSES Case No: 554101436 ORDER OF COURT AND NOW to wit, this 21 st day of May 2007, it is hereby Ordered that the Cumberland County Domestic Relations Section dismiss their interest in the above captioned Alimony case, pursuant to the marriage of the Linda K. Spiece on May 19, 2007. There is no balance due the plaintiff. BY THE COURT: Edward E. Guido, J. DRO: R.J. Shadday xc: Petitioner Respondent Kathleen C. Daley, Esq. Thomas D. Gould, Esq. Form OE-001 Service Type: M Worker: 21005 C? ?..'' -a I V r ? 1 _ ?"' J ? _ VO 1.i ,..}?, ?n ; ±i"'9 ??j1 ?? e 3 -?.y, u--1 ?1 ... G,,: C['??