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HomeMy WebLinkAbout01-6287Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 REBECCA C. SHAUGHNESSY, Plaintiff ALLEN F. SHAUGHNESSY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED 1N 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 judgement 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. 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 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 REBECCA C. SHAUGHNESSY, Plaintiff ALLEN F. SHAUGHNESSY, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. al)l- CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is REBECCA C. SHAUGHNESSY, an adult individual residing at 5219 Deerfield Avenue, Mechanicsburg, PA 17050. 2. Defendant is ALLEN F. SHAUGHNESSY, an adult individual residing at 6204 Stanford Court, Mechanicsburg, PA 17050. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on, July 26, 1980 in Philadelphia County, Pennsylvania. 5. There are two minor children bom of this marriage: Christopher Allen Shaughnessy, bom October 21, 1985; and Joshua Clark Shaughnessy, bom October 21, 1985. 6. The parties separated on August 24, 2000. 7. There have been no prior actions for divorce or annulment between the parties. 8. 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. 9. Plaintiffhas been advised that counseling is available and that Plaintiffhas the right to request that the court require the parties to participate in counseling. 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff, REBECCA C. SHAUGHNESSY, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; ~ Dated: []~ ~<-~ ~1 / J Barba~ uS-ff~ fie-Sullivan, Esquire t/ Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 2 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 REBECCA C. SHAUGHNESSY, Plaintiff ALLEN F. SHAUGHNESSY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW iN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 REBECCA C. SHAUGHNESSY, Plaintiff ALLEN F. SHAUGHNESSY, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CIVIL ACTION - LAW : IN DIVORCE I, REBECCA C. SHAUGHNESSY, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Dated: REBECCA C. SHAU~'-HNESS~ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 ~717) 774-1445 REBECCA C. SHAUGHNESSY, Plaintiff ALLEN F. SHAUGHNESSY, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6287 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint in Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7000 0600 0028 3892 3004, Return Receipt Requested, on the above- named Defendant, Allen 1~. Shaughnessy, on November 10, 2001 at Defendant's last known address: 6204 Stanford Court, Mechanicsburg, PA 17050. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: November 13, 2001 ~B~~livan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Certified Fee $2: ~_lJ Return Receipt Fee ~-~, ~0 (Endowment R~uir~} · Complete items 1, 2, and 3. AJao complete item 4 if Res~eted Delivery ia deelred. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. ~llen ~. Shaughn~sy I'"~V 1 0 ~ ] l, A~icle Numi~er (~:~py ~ se,'Wce ~ A. ReeeivedbF~l~·ll~l~) B. D~teofDd~m,f O. Is delivery addmss diff~ flom item l? i"lYm if YES, enter detivery ad,mss below: r-INe ?oooo oo .3oo4 0 Ce~lfled I~dl 0 Expm~ M~ r-I Re~i~tw~ed 0 Return 0 ~r~ured ~,~ 0 c.0~. EXHIBIT "A" Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717~ 774-1445 REBECCA C. SHAUGHNESSY, Plaintiff Vo ALLEN F. SHAUGHNESSY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6287 : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. REBECCA C. SHAUG~HNESSY~ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 REBECCA C. SHAUGHNESSY, Plaintiff ALLEN F. SHAUGHNESSY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6287 : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 5, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: ff~ ~0]0 L-- ALLEN F.~S GHNESSY COMMONWEALTH OF PENNSYLVANIA ) )SS. COUNTY OFt~j~v.~k..~_ ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared ALLEN F. SHAUGHNESSY, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing AFFIDAVIT OF CONSENT are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this ~)~ day of~, 2002. NOTARY~t~'I~IC// My Commission Expires: Notae, al S~i Tammy Alexlna Gill, Notary Public Hampden Twp., Cumbeflaml County My Commission Expires Oct. 6, 2003 Merr,/~er, Per~ .~t~x:tallono~ Nob,,"io~ (SEAL) Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 REBECCA C. SHAUGHNESSY, Plaintiff Vo ALLEN F. SHAUGHNESSY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6287 : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. DATE: ,~0( 0''~' ALLEN F. SHAUG~tINESSY COMMONWEALTH OF PENNSYLVANIA ) )ss. COUNTY OF/3.,6/.0.,.~ k,;~ ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared ALLEN F. SIIAUGHNESSY, who being duly affimied according to law, deposes and says that the facts and matter set forth in the within and foregoing WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(e) OF TIlE DIVORCE CODE are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this ..5~b~ day of 0~xez,_~ , 2002. (SEAL) Nota~al Seal Tammy Alexlna Gitl,.No. ta~ Public Hampden Twp., ComDenar~a County My Commission Expires Oct. 6, 2003 Member, pennsylvania As~cial~ of Nota~'i~ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 REBECCA C. SHAUGHNESSY, Plaintiff ALLEN F. SHAUGHNESSY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6287 : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on November 5,2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divome after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are tree and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. I~LEB-E-CCA C. SHAU~'I~II~SSI~ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 REBECCA C. SHAUGHNESSY, Plaintiff ALLEN F. SHAUGHNESSY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6287 : : 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: United States Mail, Certified Mail, Restricted Delivery on November 10, 2001. 3. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce Code: by Plaintiff August 28, ~002; by Defendant August 30, 2002. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated July 23, 2002 and incorporated, but not merged into the Decree. 5. Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with Prothonotary: September 9, 2002. Date Defendant's Waiver of Notice in 330/1 ~ Divorce was filed with Prothonotary: September 9, 2002. // ~-~ Dated: September b, 2002 ~~Sumple-Sullivan,~Esquire t/549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Defendant Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 REBECCA C. SHAUGHNESSY, Plaintiff ALLEN F. SHAUGHNESSY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6287 : : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Laura J. Hughes-Doyle, Secretary to Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a tree and correct copy of the foregoing Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Mr. Allen F. Shaughnessy 1600 Colonial Road Harrisburg, PA 17112 DATED: September {-4g-, 2002 Laura J. Hu~'es-Doyl~, Secreka/~, to Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 REBECCA C. SHAUGHNESSY, Plaintiff V. ALLEN F. SHAUGHNESSY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6287 : CIVIL ACTION - LAW : : 1N DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER It is ordered that the following Defined Benefit Plan Account disposition be made: 1. It is the intention of the parties hereto that this Order meets the requirements of a Qualified Domestic Relations Order (QDRO) under § 206(d)(3) of ERISA and Section 414(p) of the Internal Revenue Code, and that this Order will be administered and interpreted in conformity with ERISA and the Internal Revenue Code. as follows: The Participant's name, mailing address, social security number and date of birth are Name Address Social Security No. Date of birth Allen F. Shaughnessy 1600 Colonial Road Harrisburg, PA 17112 097-48-2076 January 11, 1959 3. The Alternate Payee's name, mailing address, social security number and date of birth are as follows: Name Address Social Security No. Date of birth Rebecca C. Shaughnessy 5219 Deerfield Avenue Mechanicsburg, PA 17050 215-72-8893 November 19, 1958 4. The name of the Defined Benefit Plan Account to which this Order applies is the Pinnacle Health Pension and 403(b) TSAT Plan, Account No. 097-48-2076, Plan No. 300047 (hereinafter referred to as "the Account"). 5. Pursuant to the parties' Marital Settlement Agreement dated July 23, 2002, which agreement is incorporated into the parties' divorce decree, Participant is obligated to and shall transfer the sum of Twenty-Nine Thousand Two Hundred and 94/100 Dollars ($29,200.94) of said Account to Alternate Payee. Said transfer shall be made as a tax free rollover to Alternate Payee into a qualified account. 6. The Alternate Payee is hereby awarded the sum referenced in paragraph 5. above, which transfer shall be made as a tax free rollover into a qualified account. 7. The funds shall be transferred to Alternate Payee and shall be transferred to Morgan Stanley Account No. 410-019306-101. 8. The Plan Administrator for the Pinnacle Health Pension and 403(b) TSAT Plan is directed to make the transfer immediately. 9. In the event of the death of the Alternate Payee after the assignment hereby to the Alternate Payee of the aforementioned amount but before said amount is paid to the Alternate Payee, the amount shall be paid to the heirs of Rebecca C. Shaughnessy, who is hereby designated as the Alternate Payee's death beneficiary. 10. QDRO. Participant has no other Alternate Payees with respect to the Account under any other IT IS FURTHER ORDERED that a true copy of this Order be served upon the Account Administrator, and that this Order shall take affect immediately and shall remain in affect until further Order of the Court. This court shall retain jurisdiction to modify this order until the sum is transferred as a Qualified Domestic Relations Order. Entered this _~klay offS, 2002. BY THE COURT, REBECCA C. SHAUGHNESSY, Plaintiff V. ALLEN F. SHAUGHNESSY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6287 : : CIVIL ACTION - LAW : : IN DIVORCE ACKNOWLEDGMENT OF PARTIES TO ENTRY OF STIPULATION FOR AS ORDER OF COURT AND NOW, to wit, this ~ '-' day of ~.~D~ , 2002, the parties in the above-referenced action do hereby agree that the attached Qualified Domestic Relations Order shall be entered as an Order of Court. V it&s REBECCA C. SHAUG~NESSY (~ ~Vitness67~ / ALLEN F. SHAUGH[q~SY MARITAL SETTLEMENT AGREEMENT between Allen F. Shanghnessy, hereinafter referred to as "HUSBAND", and Rebecca C. Shaughnessy, hereinafter referred to as "WIFE". YglTNE$$ETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on July 26, 1980, in Philadelphia, Pennsylvania; WHEREAS, Two (2) children were bom of this marriage being Christopher Allen Shaughnessy, born October 21, 1985 and Joshua Clark Shaughnessy, bom October 21, 1985; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; (3) the settling of all matters between them relating to the past, present and future support or maintenance of their minor children, and (4) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by 6/06/2002 1 reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND has been independently represented by Sandra L. Meilton, Esquire. Each of the parties acknowledge and agree that, after having received such information and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal Agreement. e PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each 6/06/2002 2 shall be free from ail control, restraint, interference or authority, direct or indirect, by the other in ail respects as if she or he were married, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. 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. This provision shail not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or maiign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additionai information is necessary for the execution of this Agreement. 6/06/2002 3 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 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. 5. SUBSEQUENT DIVORCE A decree in divorce, entered by the Court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any judgrnent or decree for 6/06/2002 4 divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, 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. 7. 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 absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, 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, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the 6/06/2002 5 spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other fights 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 or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 9. SEVERABILITY If a~y provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 6/06/2002 6 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains ail of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either orai or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 11. BINDING EFFECT OF AGREEMENT/WAIVER 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 the provisions of this Agreement shail not be construed as a waiver of any subsequent default of the same or similar nature, nor shail such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH If either party breaches any provision of this Agreement, the other party shail have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shail be responsible for payment of 6/06/2002 7 reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. The parties do agree, however, as a condition precedent to filing this action, to meet with Dr. Arnold T. Shienvold, PhD of Riegler, Shienvold and Associates, to attempt to mediate any disputes concerning this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation, jewelry, clothes, furniture, and other assets. HUSBAND agrees that all assets in possession of WIFE or titled in WIFE's name shall be the sole and separate property of WIFE and, WIFE agrees that all assets in the possession of HUSBAND or titled in HUSBAND's name shall be the sole and 6/06/2002 8 separate property of HUSBAND. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. B. REAL ESTATE The parties jointly own property at 5219 Deerfield Avenue, Mechanicsburg, Cumberland County, Pennsylvania. Said house is encumbered by a mortgage held by Wells Fargo Home Mortgage, Inc. and has a balance of approximately ONE HUNDRED FORTY-FIVE THOUSAND FIVE HUNDRED DOLLARS ($145,500.00) as of December 31, 2001. WIFE desires to maintain said home and reside there with the children. HUSBAND agrees to convey his interest in this real estate to WIFE. WIFE shall be fully responsible for any past, present and future principal, interest, penalties and costs as well as any taxes, insurance and/or any debts associated with the real estate. WIFE hereby agrees to indemnify and hold HUSBAND harmless from any and all liability as a result of non-payment of the mortgage or any other obligations as enumerated above associated with the real estate. HUSBAND agrees to execute a deed simultaneously with the execution of this Agreement wherein he assigns, conveys and transfers to WIFE all of his interest, rights and title in the marital residence and deliver same to WIFE for recording. 6/06/2002 9 C. MOTOR VEHICLES There are two vehicles owned by the parties. The parties own a 1995 Saturn SL which is driven by and in the possession of HUSBAND. Said vehicle is not encumbered. Said vehicle shall become the sole property of HUSBAND and WIFE shall cooperate to execute any documents necessary to effectuate transfer of ownership of said vehicle to HUSBAND. The parties also own a 1998 Toyota Sienna Van. Said van is encumbered by a loan due and owing to Belco Community Credit Union. Said van is driven by and in the possession of WIFE. Said van shall become the sole property of WIFE and HUSBAND shall cooperate to execute any documents necessary to effectuate transfer of ownership of said vehicle to WIFE. HUSBAND agrees that he shall be solely responsible for the remaining outstanding obligation. He shall make the monthly payments due to Belco directly each month on a timely manner until said sum is paid in full. HUSBAND agrees to indemnify and save WIFE harmless from any such liability to Belco and will reimburse any costs, expenses, losses, including reasonable attorney fees incurred in defense of any claims against her by Belco, any loss of her vehicle due to forfeiture for non-payment, as well as any costs incurred to enforce this indemnification. D. FINANCIAL ASSETS The parties shall divide their financial accounts as follows: 1. BELCO Credit Union - At the time of separation, the parties had savings and 6~6~002 10 checking accounts with Belco in Accounts # 639320 and #764320. The balance of these accounts were used to satisfy marital bills and the proceeds of these accounts, which cumulatively was approximately TWO THOUSAND DOLLARS ($2,000.00), is not assigned to either party in the distribution. The joint account shall be closed and WIFE, at her option, shall have the right to continued use of her individually titled Account # 764320. Vanguard Prime Money Market - The parties owned a Vanguard Prime Money Market Account # 9884367627 which had a balance as of the date of separation of TEN THOUSAND EIGHT HUNDRED TWENTY-EIGHT DOLLARS and 76/100 ($10,828.76). Husband had withdrawn SlX THOUSAND TWO HUNDRED DOLLARS ($6,200.00) as an advancement of equitable distribution at the time of separation. The account balance remaining shall be the sole property of WIFE, which balance is approximately FOUR THOUSAND SIX HUNDRED FORTY-NINE DOLLARS and 87/100 ($4,649.87). Vanguard Life Strategy Account- The parties had a Vanguard Life Strategy Account # 9884367627 which had an approximate balance of ONE HUNDRED SIXTY-TWO DOLLARS AND 82/100 ($162.82). Said monies were used by HUSBAND for moving expenses and the account is now closed. 6/06/2002 11 e Vanguard Federal Money Market - The parties had a Vanguard Federal Money Market which had a date of separation value of THREE THOUSAND SEVEN HUNDRED FORTY-EIGHT DOLLARS and 45/100 ($3,748.45). It has a current balance of ONE THOUSAND ONE HUNDRED SEVENTY-NINE DOLLARS and 14/100 ($1,179.14) after which the parties' used the fund to pay marital taxes. The account shall remain the sole property of WIFE. Vanguard 500 Index Fund IRA - HUSBAND has an IRA Account #985112060 in the amount of TWENTY-NINE THOUSAND TWO HUNDRED THIRTY- ONE DOLLARS and 64/100 ($29,231.64). Said account shall be the sole property of WIFE. HUSBAND shall cooperate with WIFE to provide for a tax free rollover of said account to WIFE into a qualified account E. PENSION Through his employment, HUSBAND has a Defined Benefit Plan with Pinnacle Health Pension and a 403(b) TSAT Plan. The parties agree that WIFE shall receive TWENTY-NINE THOUSAND TWO HUNDRED DOLLARS and 94/100 ($29,200.94), plus interest on her share of said monies from the date of this Agreement and continuing until actual rollover. A Qualified Domestic Relations Order shall be drafted for transfer of this account to WIFE. HUSBAND 6/06/2002 12 shall pay the costs associated with drafting of the Qualified Domestic Relations Order. Said Qualified Domestic Relations Order shall be completed by HUSBAND within thirty (30) days of execution of this Agreement. All remaining sums, as well as the Pinnacle Health Pension Account valued at SIXTEEN THOUSAND SIX HUNDRED FIFTY-SEVEN DOLLARS and 85/100 ($16,657.85), shall be the sole property of HUSBAND. F. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. There are no cash values existing in HUSBAND's life insurance, including the Unum and Zurich Plans. However, HUSBAND agrees to maintain these policies or another policy which has a death benefit of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) and name WIFE irrevocable beneficiary of these policies while HUSBAND has an outstanding alimony payment. The cost of these premiums shall be paid by HUSBAND. G. BUSINESS INTEREST OF HUSBAND Husband is an owner of 2000 shares of stock in an S corporation known a InfoPOEM, Inc. This enterprise has been in existence since 1998 and both HUSBAND and WIFE have contributed to the growth of the business. The parties desire to set forth a distribution scheme for said stock ownership and distribution of this benefit. 6/06/2002 13 1) DEATH OF EITHER PARTY: It is agreed that in the event of HUSBAND's death, the stock shares in InfoPOEM, Inc. or any successor entity of said corporation, shall become the sole property of WIFE. In the event of WIFE's death, all of her rights, title and interest in the stock shall also be terminated and vested in HUSBAND. 2) DISTRIBUTION ON SALE OF BUSINESS OR STOCK: The stock held by HUSBAND shall be held until a joint decision is reached by HUSBAND and WIFE for transfer of same. If the transfer is agreed upon prior to December 31, 2005, the parties shall share the net proceeds, which is defined as the proceeds after satisfaction of all federal and state taxes are paid, on a 50/50 basis. In the event that the sale occurs in the period between January 1, 2006 through 2008, the net proceeds shall be divided 55/45 in favor of HUSBAND. Any sale thereafter, shall be divided 60/40 in favor of HUSBAND. If there is a dispute concerning the sale, the matter shall be taken to mediation and the business reasons underlying the transfer terms shall be reviewed and mediated by an independent third party agreed to by the parties upon assessment of ail legitimate business and economic reason. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided 6/06/2002 14 herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. The parties confirm all joint credit cards have been terminated. SECTION III CHILD SUPPORT, ALIMONY 1. SUPPORT/ALIMONY FORMULA The parties agree to the establishment of a contractual formula for purposes of calculation of the child support and alimony in this matter. The parties agree that HUSBAND shall pay to WIFE the sum of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00) each month until the parties' sons twenty-third (23rd) birthdays. HUSBAND acknowledges that his legal right for child support would temfinate upon the children's graduation from high school and/or the children reaching the age of eighteen (18), whichever is later. However, HUSBAND specifically agrees to make the payment to Rebecca until the children's twenty-third (23fa) birthday regardless of the status of their residence, schooling, or other living arrangements. This formula shall become effective immediately and shall not be modified by any court. The parties agree that HUSBAND shall have the right to take the children as exemptions for purposes of federal income tax filing as long as they are eligible. 6/06/2002 15 HUSBAND shall also pay to WIFE as alimony the sum of THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500.00) per month until the parties' sons twenty-third (23rd) birthday. Said sum shall be non-modifiable in amount during this period. After the children's twenty-third (23~) birthday, the amount of alimony shall be recalculated. The parties agree that the alimony calculation will require HUSBAND to pay to WIFE the sum of forty (40%) percent of the difference in the parties' net incomes, as net income is defined in accordance with the Support Laws of the Commonwealth of Pennsylvania, on the date the re-evaluation of the alimony amount occurs. The parties do, however agree, that the amount paid to WIFE as alimony shall never be less than ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00) per month. The parties acknowledge that the alimony described in the preceding paragraph shall be includable in the income of WIFE for tax purposes and shall be deductible by HUSBAND. The parties further agree that the alimony provisions described above shall only terminate in the event that Wife shall cohabitate with a member of the opposite sex who is not related to her for a period in excess of six (6) months, remarries, dies or HUSBAND dies. The parties further agree that the alimony provisions described above may be modifiable only in the event that HUSBAND becomes disabled or involuntarily becomes unemployed so 6/06/2002 16 that the result is a twenty-five percent (25%) reduction in his net income as reflected on his 2001 Pennsylvania Tax Return. Alimony shall also become subject to modification upon HUSBAND's retirement at the age of 65 years old. It is expressly acknowledged by the parties that the following circumstances will NOT. be grounds for a termination or modification of the contractual support obligations under this Agreement: a) b) c) Any change in the custodial arrangement as set forth in this Agreement, including emancipation; Any decrease or increase in HUSBAND's income or WIFE's income; or Any statutory change in tax or support guideline calculations. 2. ADDITIONAL SUPPORT REQUIREMENTS In addition to the base child support as specified above, HUSBAND shall pay all unreimbursed medical and dental expenses for the children and maintain health insurance on the children until completion of a four year college or until the children can no longer qualify for coverage through HUSBAND's medical insurance, whichever occurs earlier. In the event that WIFE is able to find less expensive insurance coverage that meets the needs of the children, HUSBAND will reimburse her for the insurance costs. Until the divorce, HUSBAND shall continue to provide coverage to WIFE. Upon the entry of the decree, WIFE shall bear the costs of her own medical insurance and other costs. 6/06/2002 17 3. COLLEGE EXPENSES The parties confirm that certain assets have been saved for the children during the course of the marriage. These assets are: 1) Vanguard Morgan Growth Funds, Account No. 9879615452 in the name of Christopher A. Shaughnessy. This account had a date of separation balance of $7,083.68 and has a present value of $5,662.65; and 2) Vanguard Morgan Growth Funds, Account No. 9879615229 in the name of Joshua C. Shaughnessy. This account had a date of separation balance of $7,083.68 and has a present value $5,662.65. These accounts shall be used by the parties for the children's education as mutually agreed to by the parties. 4. CUSTODY The parties shall share legal custody of their sons. Both parents shall be involved in decisions regarding the health, education, spiritual development and general welfare of the children. Both parents shall have access to all medical and educational records pertaining to the children as long as the confidentiality of those records allow for their access. WIFE shall have primary physical custody of the children. HUSBAND acknowledges that WIFE may decide to move with the children to Colorado to seek support of her family. HUSBAND agrees that in the event this relocation shall occur, he will not challenge that decision 6/06/2002 18 and will allow the family to relocate. While the parties are in the Central Pennsylvania area, HUSBAND shall have liberal access to the children as the parties can mutually agree. SECTION IV CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. 2. MEDIATION PRIOR TO COURT ACTION The parties agree that ifa dispute arises from the terms of this Agreement, the parties will meet with Dr. Arnold Shienvold, or another qualified mediator chosen by their mutual consent, prior to undertaking an formal litigation action against the other. The occurrence of the mediation shall be a condition precedent to actual filing of litigation under this Agreement. Wn'NES ,' - ,D 0/ Allen F. Shaughnessy ~ U Rebecca ~. Shaughness'~'-~ (~ 6~6~002 19 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ) ) ss. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Allen F. Shanghnessy, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are tree and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this Y PU~I~'i-C ' ~ My commission expires: day of ~ ,2002. (SEAL) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) )ss. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Rebecca C. Shaughnessy, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. ~xl and subscribed to before me this Z N~OTAR'~i~ UBLIC t.-- My commission expires: day o~/~~,, 2002. (SEAL) 6/06/2002 ' 20 / IN THE COURT Of COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF ~,~..~ PENNA. REBECCA C. SHAUGHNESSY, Plaintiff VERSUS AT~,]~'~ F. SHAUGHNESSY, Defer~ant N O. 01-6287 AND NOW, DECREED THAT AND DECREE IN DIVORCE R~WCCA C. SHAUGHNESSY AT,T,]~}' F. SHAUGHNESSY 2002 ARE DIVORCED FROM ThE BONDS OF MATRIMONY. , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE Been rAiSeD Of recor[~_~iN This aCTION for WHiCh a fiNAL orDeR has NOT All matters have bccn resolved pursuant to the Marital Settlement Agreement reached by the parties dated July 23, 2002 and incorporated, but not merged, into the Decree. BY TH ATTEST: j. PROTHONOTARY REBECCA C. SHAUGHNESSY, Plaintiff ALLEN F. SHAUGHNESSY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6287 : : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAME NOTICE is hereby given that Plaintiffin the above-captioned matter, having been granted a final decree in divorce on the 10~ day of September, 2002, hereby intends to resume and hereafter use the previous name of Rebecca J. Clark and gives this written notice avowing her intention in accordance with the provisions of the Act of 54 Pa. C.S. §704. Rebecca C. Shaughnessy TO BE KNOWN AS: COMMONWEALTH OF PENNSYLVANIA Rebecca J. CI~.~ : SS. COUNTY OF CUMBERLAND : Onthis, the ~ dayo~~}'~~ ,2002, beforeme, a Notary Public, the undersigned of~c~r, personally appeared Rebecca C. Shaughnessy, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the foregoing Notice of Intention to Resume Prior Name for the purposes contained therein. ltEREOF, I hereunto set my hand and official seal. - My Commission Expires: (SEAL)