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HomeMy WebLinkAbout08-0455.* .t SEAN MACMULLIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. Q 5-- qs-5- L t a i l 4e- r,.. MELISSA MACMULLIN, CIVIL ACTION - AT LAW - IN DIVORCE/ Defendant CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce, or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your child. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 0 SEAN MACMULLIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. :No. MELISSA MACMULLIN, CIVIL ACTION - AT LAW - IN DIVORCE/ Defendant CUSTODY DIVORCE COMPLAINT The Plaintiff, Sean MacMullin, by and through his attorneys, the Law Offices of Patrick F. Lauer, Jr., L.L.C., makes the following Complaint in Divorce: COUNT I - NO-FAULT DIVORCE - §§ 3301(c) or 3301(d) 1. The Plaintiff, Sean MacMullin, is an adult individual who currently resides at 104 November Drive, Apartment 2, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, Melissa MacMullin is an adult individual who currently resides at 2172 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The parties were married on May 24, 2003, in Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. This action is not collusive. t WHEREFORE, the Plaintiff requests this Honorable Court enter a Decree of Divorce in this matter. COUNT II - EQUITABLE DISTRIBUTION - § 3502(a) 9. Paragraphs one (1) through eight (8) of this Complaint are incorporated herein by reference as if set forth specifically below. 10. During the course of the marriage, the parties acquired property and incurred debt, titled jointly, individually, or both, which remains in the possession of the individual parties. WHEREFORE, the Plaintiff respectfully requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors and thereby enter an order of equitable distribution of marital property pursuant to § 3502(a) of the Divorce Code. COUNT III - CUSTODY - § 5303 11. Paragraphs one (1) through ten (10) are incorporated herein by reference. 12. There is one dependent child to this marriage, namely, Brianna MacMullin, born June 30, 2004 (age 3). The child was not born out of wedlock. 13. The Plaintiff seeks partial physical custody of the child. 14. The minor child is presently in the custody of both Plaintiff and Defendant, who reside at 104 November Drive, Camp Hill, Cumberland County, Pennsylvania 17011 and 2172 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania 17011, respectively. 15. During the past five years, the child have resided at the following address with the following persons: Dates: Addresses: List All Persons: Birth - present 2172 Chestnut Street Mother, Melissa MacMullin Camp Hill, PA 17011 Father, Sean MacMullin 16. The Mother of the child is the Defendant, currently residing at 2172 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania 17011. She is married, but separated from the Plaintiff. 17. The Father of the child is the Plaintiff, currently residing at 104 November Drive, Apartment 2, Camp Hill, Cumberland County, Pennsylvania 17011. He is married, but separated from the Defendant. 18. The relationship of Plaintiff to the child is that of natural father. He currently resides alone. 19. The relationship of Defendant to the child is that of natural mother. She currently resides with the child. 20. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 21. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 22. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 23. The best interest and permanent welfare of the child will be served by granting the relief requested, because: a. Plaintiff can provide the child with adequate moral, emotional, and physical surroundings as required to meet the child's needs; b. Plaintiff is willing to continue custody of the child; C. Plaintiff continues to exercise parental duties and enjoys the love and affection of the child. 24. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. No other persons are known to have or claim a right to custody or visitation, and therefore no notice will be given of the pendency of this action and the right to intervene, save as to the Defendant. WHEREFORE, the Plaintiff respectfully requests this Honorable Court approve any settlement reached between the parties; or, in the event they are unable to reach a settlement, grant the Plaintiff rights of legal and physical custody. Respectfully Date: 00C? iwaiul,.... --.79 --n?---- Law Office of Patrick F. Lauer, Jr., L.L.C. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 SEAN MACMULLIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. MELISSA MACMULLIN, CIVIL ACTION - AT LAW - IN DIVORCE/ Defendant CUSTODY 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. § 4904, relating to unsworn falsification to authorities. Date: --- ? Signature: Aean MacMullin (? rT ?' ? G W U` C a n Lr 1 SEAN MACMULLIN, Plaintiff VS. MELISSA MACMULLIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 0i- yS"S' Ciao CIVIL ACTION - AT LAW - IN DIVORCE/ CUSTODY COMPLAINT FOR CUSTODY The Plaintiff, Sean MacMullin, by and through his attorneys, the Law Offices of Patrick F. Lauer, Jr., L.L.C., seeks to obtain custody of his minor child and makes the following averments in support thereof: 1. The Plaintiff is "Father", Sean MacMullin, and is an adult individual who currently resides at 104 November Drive, Apartment 2, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is "Mother", Melissa MacMullin is an adult individual who currently resides at 2172 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. There is one dependent child to this marriage, namely, Brianna MacMullen, born June 30, 2004 (age 3). The child was born out of wedlock. 4. The Plaintiff seeks partial physical custody of the child. 5 The minor child is presently in the custody of both the Plaintiff and Defendant, who reside at 104 November Drive, Apartment 2, Camp Hill, Cumberland County, Pennsylvania 17011 and 2172 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania 17011, respectively. 6. During the past five years, the child has resided at the following address with the following persons: Dates: Addresses: List All Persons: Birth - present 2172 Chestnut Street Mother, Melissa MacMullen Camp Hill, PA 17011 Father, Sean MacMullen 7. The Mother of the child is the Defendant, currently residing at 2172 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania 17011. She is married, but separated from the Plaintiff. 8. The Father of the child is the Plaintiff, currently residing at 104 November Drive, Apartment 2, Camp Hill, Cumberland County, Pennsylvania 17011. He is married, but separated from the Defendant. 9. The relationship of Plaintiff to the child is that of natural father. He currently resides alone. 10. The relationship of Defendant to the child is that of natural mother. She currently resides with the child. 11. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 12. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 13. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested, because: a. Plaintiff can provide the child with adequate moral, emotional, and physical surroundings as required too meet the child's needs; b. Plaintiff is willing to continue custody of the child; C. Plaintiff continues to exercise parental duties and enjoys the love and affection of the child. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. No other persons are known to have or claim a right to custody or visitation, and therefore no notice will be given of the pendency of this action and the right to intervene, save as to the Defendant. WHEREFORE, The Plaintiff respectfully requests this Honorable Court approve any settlement reached between the parties; or, in the event they are unable to reach a settlement, grant the Plaintiff rights of legal and physical custody. Date: Respectfully submitted, Marlin L. M kley, squire Law Offices of Patrick F. Lauer, Jr., L.L.C. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 SEAN MACMULLIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. MELISSA MACMULLIN, CIVIL ACTION - AT LAW - IN DIVORCE/ Defendant CUSTODY VERIFICATION 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. § 4904, relating to unsworn falsification to authorities. Date: / Sean MacMullin C W b Cy SEAN MACMULLIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MELISSA MACMULLIN DEFENDANT 2008-0455 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, January 23, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February 07, 2008 at 2:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ john j. Man an r. Es q. Custody Conciliator rjl The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -y F r„? i dJi lW': s s LL t. ,r - t:.r ! SEAN MACMULLIN, VS. IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA MELISSA MACMULLIN, Defendant No. 08-455 Civil Term CIVIL ACTION - AT LAW - IN DIVORCE/ CUSTODY STIPULATION WHEREAS, the subject of this stipulation for custody is the Plaintiff s and Defendant's, child, Brianna MacMullin, born June 30, 2004; and WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody, and visitation of the child; and THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: The parties will share joint legal custody of Brianna MacMullin, born June 30, 2004. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. Mother, Melissa MacMullin, shall have primary physical custody of the child. Father, Sean MacMullin, shall have partial physical custody of the minor child on alternating weeks from Friday at approximately 4:00 p.m. until Sunday at approximately 4:00 p.m.. 4. Father is responsible for picking the child up at childcare on his custodial Friday's and the parties shall meet at the Harrisburg Mall parking lot on Sunday to exchange custody. Hours of custody for the following Holiday schedule is 9:00 a.m. until 6:00 p.m. except Christmas Eve: a.) Father shall have physical custody of the children during odd numbered years and Mother shall have physical custody of the children during even numbered years for the following holidays: Easter, 4th of July, on December 25th from 12:00 p.m. to December 26th at 12:00 p.m. b.) Father shall have physical custody of the children during even numbered years and Mother shall have physical custody of the children during odd numbered years for the following holidays: New Years Day, Memorial Day, Labor Day, Thanksgiving Day, and Christmas Eve (12:00 p.m. on December 24th until 12:00 p.m. on December 25th). c.) Mother shall have custody on Mother's Day, from 9:00 a.m. to 6:00 p.m., and Father shall have custody on Father's Day, 9:00 a.m. to 6:00 p.m. 6. The holiday schedule shall take precedence over the regular custody schedule. 7. Each parent shall be entitled to reasonable telephone contact with the child when the child is in the custody of the other parent. 8. Neither parent shall permanently relocate if the relocation would necessitate a change in the visitation schedule, or if the relocation would exceed a 30 mile radius from the parties current respective residences, without a minimum notice of sixty (60) days to the other parent. The sixty (60) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangement or to have the matter listed for a Court hearing. 9. Both parents shall refrain from making derogatory comments about the other parent in the presence of the child and to the extent possible shall prevent third parties from making such comments in the presence of the child. 10. In the event Father is unable to care for Brianna due to physical or mental disability, this Order shall be suspended until such time as Father is able. 11. This stipulation may only be altered by the mutual consent of Mother and Father. 12. It is the intention and desire of each of the undersigned parties that this Stipulation be confirmed as an order of court, without requiring their presence before the court, pursuant to Rule 1915.7. T 1 can MacMul in ate Y6/2 JY ildtZu'na ' lam, Melissa MacMullin Date C? a O F V . -,A MAR 1!1008, SEAN MACMULLIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 08-455 Civil Term MELISSA MACMULLIN, CIVIL ACTION - AT LAW - IN DIVORCE/ Defendant CUSTODY t CONSENT ORDER AND NOW, this X day of JMZ!?L? _ 2008, upon consideration of the attached Stipulation of the parties in the above-captioned matter, consisting of three pages and bearing the written consent of the parties, AND upon direction of this court that the parties need not be present before the court in order to incorporate their Stipulation into a consent order, IT IS ORDERED that said Stipulation is incorporated herein by reference as if set forth in full and approved as a Consent Order pursuant to Pennsylvania Rule of Civil Procedure, Rule 1915.7. Distribution: ,-'M lin Markley, Esq., 2108 Market Street, Camp Hill, PA 17011 ebra Cantor, Esq., McNees Wallace & Nurick L.L.C., P.O. Box 1166, Harrisburg, PA 17108 4 BY THE COURT: t? i \4 I?M1+` 1 1 \ K 4 ? ?4 ?. ? ??} ??l ?, ? ??? ???? h?rv?`?:?'< <??,?'? a?? ??t:..??:-?a?t:? ° SEAN MACMULLIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08-455 Civil Term MELISSA MACMULLIN, CIVIL ACTION - AT LAW - IN DIVORCE/ Defendant :CUSTODY STIPULATION AND NOW comes Plaintiff Sean MacMullin (hereinafter "Father"), and Melissa MacMullin (hereinafter "Mother"), and files this Stipulation for custody as follows: WHEREAS, the parties are the natural parents of Brianna MacMullin, bom June 30, 2004 (hereinafter "Brianna"); WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody, and visitation of Brianna after consideration of her best interests; WHEREAS, Father and Mother have reviewed their legal rights with counsel, namely Marlin Markley Esquire for Father and Debra D. Cantor for Mother; THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. Mother shall have sole legal custody over Brianna. 2. Mother shall have sole physical custody of Brianna and Father waives any and all rights to partial custody or visitation. . r 3. It is the intention and desire of each of the undersigned parties that this Stipulation be confirmed as an Order of Court, without requiring their presence before the Court, pursuant to Rule 1915.7. can MacMullin Dated: z/2Y/y?7q Melissa MacMullin Dated: Z/a (0/0 `l ??-i SEAN MACMULLIN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 08-455 CIVIL TERM V. CIVIL ACTION - AT LAW - DIVORCE MELISSA MACMULLIN, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 18, 2008. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 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. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. llyjz? can Mac Mullin Date: 2/Z ( , 2009 C7 ? ? T SEAN MACMULLIN, Plaintiff V. MELISSA MACMULLIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-455 CIVIL TERM CIVIL ACTION - AT LAW - DIVORCE 1. I consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. can Mac Mullin Date: 2-1 21 , 2009 caws ?..J y? ?r ?y 08- 455 Civ;t Term MARITAL SETTLEMENT AGREEMENT c:7? THIS AGREEMENT, Made this day of rtbrL~1 , 2009, by and between Sean MacMullin, hereinafter referred to as "Husband": and Melissa MacMullin, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 24, 2003; and WHEREAS, one child was born of this marriage, namely, Brianna MacMullin, born June 30,2004; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the 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 for equitable distribution of all marital property; and .a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Marlin Markley, Esquire, and Wife by her attorney, Debra D. Cantor, Esquire, have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. PERSONAL RIGHTS: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the.other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her: From the date of execution of this Agreement, Wife shall use only those credit cards and accounts for which she is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 4. HUSBAND'S DEBTS: Husband is the obligor on an orthodontia bill to.Dr. Fred Alba for his son Aaron MacMullin. Wife has made all payments on this obligation since separation. Wife agrees to pay the remaining balance on this obligation. Husband represents and warrants to Wife that since their separation, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by hire. From the date of execution of this Agreement, Husband shall use only those credit cards and accounts for which he is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 5. MUTUAL RELEASE: Subject to- the -provisions of this Agreement, each party waives his or her right Io alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, -2- rights or demands whatsoever arising out of their marriage, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa. C.S.A. Section 3302. 6. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. Section 3501 et. seq.., and taking into account the. following considerations: the length of the marriage; the fact that it is the first marriage for both Husband and Wife, the age, health, station, amount and sources of income, vocational"skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, . including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital" property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DISTRIBUTION OF PERSONAL PROPERTY: Except as may be otherwise provided herein, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the 'other for such, property, as may be in the individual possession of each of the parties hereto. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate . property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, -3- whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other, instrument of the other pertaining to such disposition of property. B. DISTRIBUTION OF REAL ESTATE: The parties hereby acknowledge that they were the owners of jointly-titled real estate located at 2172 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania. This home has been sold and Husband and Wife owed money at the time of sale: From separation until sale, all costs and expenses associated with the home were financed by Wife. . Wife hereby. waives any right to reimbursement for the funds advanced on behalf of.the-home. Husband waives any right to make any claims in regard to the home. 7. PENSION AND RETIREMENT BENEFITS: Wife and Husband each hereby specifically releases and waives any and all right, title, claim and/or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or deferred compensation plans, 401(k) plans, employee savings t and sharing ep ans, individual retirement or other similar benefits) of the other party, waiver of any spousal annuity benefits and/or beneficiary des gna tons thereunder. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. Specifically, the parties acknowledge and agree that Wife shall remain the sole and exclusive owner of IRA #2101 72961001, and Husband waives all right, title and interest in said account. Husband is the owner of an IRA # and/or 401 K # and Husband shall retain sole and exclusive ownership of such account(s). Wife waives all right, title and interest in said accounts. Both parties were owners of 401 K's with Aetna, which have been liquidated or rolled over to the aforementioned accounts. Husband and Wife waive any and all claims to the Aetna accounts. 8. MOTOR VEHICLES: Wife is the owner of a 1998 Honda Civic. Husband waives any right, title and interest he may have in said vehicle. Husband is the owner of a 2006 Hyunda Santa Fe, which is encumbered by a loan. Both the vehicle and loan are in Husband's name. Husband agrees to be solely obligated for the debt associated with this vehicle -4- and shall indemnify and hold Wife harmless from such. Wife hereby waives any right, title and interest she may have in said vehicle. 9. LIFE INSURANCE: To the extent that. either party is the owner of policies on his or her own life,. those policies ; shall. remain that party's separate property. Each party.hereby waives any. right, title, claim- and/or interest that he or she may have in the other's life insurance policies and/or cash surrender values of.those policies. 10. FINANCIAL ACCOUNTS: The parties agree that any and all financial accounts in existence as of the date of separation of the parties have - been distributed between the parties by mutual agreement. Accordingly, any financial accounts 'shall remain the sole and separate property of the party to whom the bank account is titled as of the date of execution of this Agreement, free and clear of any right, title, claim and/or interest of the other. 11. TAX LIABILITY: The parties believe and agree 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. 12. CUSTODY AND CHILD SUPPORT Concurrently with the execution of this. Agreement, Husband and Wife: shall execute a, Custody Stipulation giving Wife sole legal and physical custody of Manna. Said Custody' Stipulation shall be fled at the courthouse and entered as an order. As. long as Wife. continues as sole legal and physical custodian of the child, Wife, agrees that she shall not.file a separate action to obtain child support from .the other parent. -Both parties recognize that the contractual waiver of child support may not be enforceable under the current status of the law in Pennsylvania. -5- Wife shall terminate the current .order for child support upon the execution of this agreement by both parties. 13. ALIMONY. The parties acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be'employed.or unemployed at various times in the future, and that: notwithstanding these or other `economic. circumstances, .which may be changes in circumstances 'of a substantial and continuing nature; the terms of'this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite,,support or maintenance, and they further release any rights they may have to seek modification, of the terms of this Agreement in a court of law or equity, it being understood thafthe foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. Except as provided for in this Agreement, it shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any additional support from the other party. In the event that either of the parties shall seek a modification of the terms of this paragraph, or in the event that Wife makes any claim for spousal support or alimony other than as provided. for by the terms of this Agreement, that party shall indemnify and hold the other party harmless from and against any loss resulting therefrom, including counsel fees and costs. 14. ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory,, to them, Both parties agree to accept the- provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against.the other for spousal support,, alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 15. INCOME TAX PRIOR RETURNS.- -6- The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless; the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall'be paid solely and entirely by the individual who.. is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. The parties shall be solely responsible for their personal tax obligations. The parties agree that they shall file separate tax returns for 2008. 16. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in anyway, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 17. MUTUAL CONSENT DIVORCE: Husband filed a Complaint for a 3301(c) (d) divorce, raising claims for Equitable Distribution. The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, concurrently with this Agreement, the parties agree to execute such consents, affidavits, or other documents and to direct their respective attorneys to file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce, pursuant to said 23 Pa.C.S.A. Section 3301(c). Husband shall withdraw all additional counts raised in the Complaint and shall move for the finalization of the divorce within seven (7) days of the execution of the affidavit and waivers. 18. EFFECT OF RECONCILIATION OR COHABITATION: -7- This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect reconciliation, cohabit as husband and wife or attempt to effect reconciliation. 19. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall 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 Agreement shall- be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 20. THIRD PARTY BENEFICIARIES: Husband and Wife agree that it is not their intention in this Agreement that any other individuals, including their minor children, be third party beneficiaries of this Agreement at this time or at any time in the future. 21. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time,' at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 22. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity 'to retain their -own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice'whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, -to seek their own independent tax advice by retaining 'an accountant, certified public accountant, tax attorney; . or. tax advisor with reference to -the tax implications involved in --this Agreement. - Further, the parties - acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. -8- 23. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained .to the. parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both: parties; .and that it is .not ,the result of any duress or undue. Influence: The. ,parties .acknowledge. that they. have been. furnished with.. all information .relating lq the financial affairs 0 the, other which has. been requested by:each of them or by their respective .counsel.; :.:24.' ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are, no.. representations, -warranties, covenants or undertakings other than those expressly set forth he Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other- relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et. sea. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 25. DISCLOSURE: Each,of the parties hereto: acknowledges that he or she is aware of his or: her right to.seekdiscovery, including but- not limited- to, written interrogatories, motions for' production of -documents, the -taking of oral depositions; the ' filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania `Rules of Civil Procedure. Each of the part ies further acknowledges"that-he orshe is'aware of his or her right to have the real and/or personal property, estate.' and assets; earnings and income of the, other assessed or evaluated by the Courts of this-. Commonwealth or any other Court of competent jurisdiction. The respective parties do'he'reby acknowledge, recognize and accept that there has been full and fair disclosure to the other of his or-her assets and',liabilities, and each party agrees -9- that any right to further disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that the division of the, marital assets as set forth in this Agreement are fair, reasonable and equitable, and are satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators and as, in any action of contention, direct.or indirect, and allege therein that.there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue :influence, or that there was a failure to have available full, proper and independent representation. by legal counsel. 26.' MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with.the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed. as a waiver of any subsequent default of the same or similar nature. 27. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 28., DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever. in determining the rights or obligations of the parties. 29. INDEPENDENT .SEPARATE COVENANTS: It is specifically understood and agreed'by and between, the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. -10- 30. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 31. VOID CLAUSES: 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. 32. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 33. CONSTRUCTION: No provisions of this Agreement shall be interpreted for or against any party because that party or that party's representative drafted this Agreement in whole or in part. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day_agd, year first above written. rkley, Esq Debr? , Ca , squire W (SEAL) n MacMullin f {.G( SEAL) Melissa MacMu lin -11- COMMONWEALTH OF PENNSYLVANIA ) ( COUNTY OF SS: ???eaL ) On this, the day of 2009, before me, a Notary.Public, the undersigned officer, personally app ared'-SEAN MACMULLIN, known'to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. m ?/G!JL?Gc?c Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Tina M. Gad anger, Notary Public New Cumberland Boro, Cumberland Cmetty My Commission Expires Mar. 24, 2009 Member, Pennsylvania Association of Notaries COMMONWEALTH OF.PENNSYLVANIA ) y f ( SS: COUNTY OF A'GL.?7N ) On this, theme day of &"dL&!4 , 2009, before me, a Notary Public, the undersigned officer, personally/ appeared MELISSA MACMULLIN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF; I hereunto set my hand and official seal. ry Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jeanne M. Bamhart, Notary Public City Of Harrisburg, Dauphin County My Commission E)ires June 7, 2Q11 Pennsylvania Association of Notaries C'? CZ rv C= 17 - 7 1 - p M; •' -gym fi 'T7 `tj ? r%.'` i \ r n V J SEAN MACMULLIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 08-455 MELISSA MACMULLIN, : CIVIL ACTION - AT LAW - IN DIVORCE/ Defendant : CUSTODY AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: I, Marlin L. Markley, Esquire, verify the Complaint in Divorce has been served upon the Defendant indicated above by first class, certified mail # 7002-2410-0002-0986-3745, restricted delivery, return receipt requested, prepaid postage, pursuant to the requirements of ft R.C.P. 1930.4. uuhtzs,-// Date: -?/'; 0 o 9 i4nn 4 if Restricted Delivery is desired ..--- • Print your name and address on the reverse so OW we can return the card to you. 0 Aftich thin card to the back of the mailpiece, or on the front if space permits. .....aumhaarsssea,to: 4--- arlin kley, Esquire Law Offi s of Patrick F. Lauer, Jr., LLC 2108 Mar et Street, Aztec Building Camp Hill, Pennsylvania 170114706 ID# 84745 Tel. (717) 763-1800 If YES, enter delivery address 7002 2410 0002 0986 3745 P$ FOWA 3811, August 2001 Donteetlc AsIx" Pwso tassoQ,r?.M.ts?o _ a ? 13 4J f SEAN MACMULLIN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 08-455 CIVIL TERM V. CIVIL ACTION - AT LAW - DIVORCE MELISSA MACMULLIN, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 18, 2008. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 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. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Melissa MacMullin Date: ?/ , 2009 C:* .Y I'.•.. D M C ? ly SEAN MACMULLIN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 08-455 CIVIL TERM V. MELISSA MACMULLIN, Defendant : CIVIL ACTION - AT LAW - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Melissa MacMullin Date: J6&' ;7w , 2009 ..o '^7 3 rrtr r 70 c *, V q s r,3 cn SEAN MACMULLIN, Plaintiff VS. MELISSA MACMULLIN, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-455 CIVIL ACTION - AT LAW - IN DIVORCE/ CUSTODY 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) §=?39f of the Divorce Code. 2. Date and Manner of service of the Complaint: Service by certified mail #7002-2410-0002-0986-3745, delivered on January 31, 2008. See attached Affidavit of Service. 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 the Plaintiff Eehniary)4, by the Defendant ie? 6, 2009 (b) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: ; Date of filing of the Plaintiffs affidavit upon the respondent: ; Date of service of the Plaintiffs affidavit upon the respondent: 4. Related claims pending: Pleage, ncnrimxaLeYunthnnt merge, th ached Marital Settlement Agreement 5. (Complete either paragraph (a) or (b).) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached, ; (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: March 1, 2009; Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: filed cimultanenusly W2M=iPr_ Date: Marlin I,%Iarey, Esquire Law Offices Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 o ? t RIM MAR 0 c 2000 SEAN MACMULLIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08-455 Civil Term MELISSA MACMULLIN, CIVIL ACTION - AT LAW - IN DIVORCE/ Defendant CUSTODY CONSENT ORDER AND NOW, this sA day of M v L 2009, upon consideration of the attached Stipulation of the parties in the above-captioned matter, consisting of three pages and bearing the written consent of the parties, AND upon direction of this court that the parties need not be present before the court in order to incorporate their Stipulation into a consent order, IT IS ORDERED that said Stipulation is incorporated herein by reference as if set forth in full and approved as a Consent Order pursuant to Pennsylvania Rule of Civil Procedure, Rule 1915.7. Distribution: ?yarlin Markley, Esq., 2108 Market Street, Camp Hill, PA 17011 ?-Debra Cantor, Esq., McNees Wallace & Nurick L.L.C., P.O. Box 1166, Harrisburg, PA 17108 ox? 6E.S' mt'-. IECL 3/s/off' BY THE COURT: LLJ tom, _ O ° c°v +?j IN THE COURT OF COMMON PLEAS OF SEAN MACMULLIN CUMBERLAND COUNTY, PENNSYLVANIA V. MELISSA MACMULLIN NO. 08-455 CIVIL TERM DIVORCE DECREE AND NOW, 11A,?? ?Ll L 2 6 0 , it is ordered and decreed that SEAN MACMULLIN , plaintiff, and MELISSA MACMULLIN , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Marital Settlement Agreement Rv thin ('ni in ; y ya i McNees Wallace & Nurick LLC By: Debra Dennison Cantor Attorney I.D. No. 66378 100 Pine Street PO Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendant/Petitioner SEAN MACMULLIN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 08-455 CIVIL TERM V. MELISSA MACMULLIN, Defendant CIVIL ACTION - AT LAW - DIVORCE PETITION FOR SPECIAL RELIEF TO ENFORCE MARITAL SETTLEMENT AGREEMENT AND NOW, comes the Defendant/Petitioner, Melissa MacMullin, by and through her attorneys, McNees Wallace & Nurick LLC, and seeks enforcement of the Marital Settlement Agreement as follows: 1. The Petitioner is Melissa MacMullin, an adult individual residing at 150 Woodbine Drive, Hershey, Pa., 17033. 2. The Respondent is Sean MacMullin, an adult individual residing at 104 November Drive, Apartment 2, Camp Hill, Pa., 17011. 3. Petitioner and Respondent are formerly Husband and Wife, having been married on May 24, 2003. 4. Following separation, the parties executed a Marital Settlement Agreement dated February 26, 2009. A true and correct copy of the Marital Settlement Agreement is attached hereto as Exhibit "A." 5. A final Decree in Divorce was entered on March 12, 2009 in which the court retained jurisdiction over the Marital Settlement Agreement. A true and correct copy of the Decree in Divorce is attached hereto as Exhibit "B." 6. This Court also has the authority to enforce the terms of the Marital Settlement Agreement pursuant to 23 Pa. GSA § 3502(e). 7. During the course of their marriage, the parties filed joint tax returns. Paragraph 15 of the Marital Settlement Agreement sets forth that each party shall be solely responsible and indemnify and hold harmless the other party for tax deficiencies or assessments incurred by them, as follows: 15. Income Tax Prior Returns: The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. The parties shall be solely responsible for their personal tax obligations. The parties agree that they shall file separate tax returns for 2008. 8. In 2007, unbeknownst to Petitioner, Respondent liquidated an Aetna retirement account that was in his name alone and placed the funds into a separate account that he solely maintained. Respondent failed to report this activity to the parties' tax preparer, and the parties joint 2007 return therefore did not report the proceeds received by Respondent. 2 9. By way of an IRS Notice dated March 23, 2009, Petitioner was notified of Respondent's action relating to the Aetna account because the parties had filed a joint return for 2007. The IRS Notice established that there is an outstanding balance due to the IRS in the amount of $3,227, which includes taxes relating to the income received by Respondent from Aetna and penalties associated therewith. A true and correct copy of the IRS Notice dated March 23, 2009 is attached hereto as Exhibit T." 10. Because Respondent caused and was responsible for the failure to disclose his separate income from the Aetna account to the IRS and retained all such income as his separate property, pursuant to Paragraph 15 of the Marital Settlement Agreement, as set forth above, Respondent must pay the taxes owed and the resulting interest and penalties and indemnify and hold Petitioner harmless therefrom. 11. By way of letter dated March 24, 2009, counsel for Petitioner notified counsel for Respondent of the IRS Notice and requested that Respondent make the required payment pursuant to the terms of the Marital Settlement Agreement. A true and correct copy of the March 24, 2009 correspondence is attached hereto as Exhibit "D." 12. Having neither received a response nor confirmation that the outstanding debt to the IRS has been paid, on June 29, 2009, counsel for Petitioner again sent correspondence to counsel for Respondent regarding this matter. Said correspondence again requested that Respondent comply with the terms of the Marital Settlement Agreement and pay the outstanding amount due the IRS. The correspondence also notified counsel for Respondent that should no action be taken, a petition would be filed and Petitioner would seek reimbursement for her attorney's fees and costs associated with Respondent's failure to act and abide by the terms of the Marital Settlement Agreement. A true and correct copy of the June 29, 2009 correspondence is attached hereto as Exhibit "E 3 13. To date, neither Respondent, nor his counsel, have responded to the IRS matter, and the IRS is still awaiting payment of the delinquent taxes. 14. It is believed by Petitioner that interest and penalties continue to accrue relating to the outstanding taxes owed to the IRS. 15. The tax delinquency and associated interest and penalties must be resolved forthwith for Petitioner as she is in the process of attempting to purchase a new home and this outstanding tax liability is impacting her ability to complete said purchase. In addition, future refunds due Petitioner will be withheld by the IRS. 16. By failing to pay and indemnify and hold Petitioner harmless from the outstanding taxes, Respondent is in breach of and in willful violation of the Marital Settlement Agreement. 17. Paragraph 19 of the Marital Settlement Agreement states that Petitioner is entitled to recover legal fees and costs from Respondent associated with Respondent's breach and Petitioner's enforcement of the agreement. 18. Petitioner has incurred reasonable fees and costs in seeking compliance with the Marital Settlement Agreement, and in preparing and filing this Petition. In addition, Petitioner will continue to incur attorney's fees and costs associated with presenting this Petition and responding to any action by Respondent regarding the same. 19. There have been no rulings by the Court in this or a related matter, although the Decree in Divorce was issued by the Honorable J. Wesley Oler Jr. 20. By way of letter dated September 9, 2009, counsel for Respondent was notified that this Petition would be filed and concurrence was sought. To date, no response was received. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order as follows: 4 1. Respondent shall pay all delinquent taxes owed to the IRS, plus any and all interest and penalties, stemming from his 2007 activity surrounding his AETNA account within ten (10) days of the date of this Order; 2. Respondent shall pay any and all delinquent taxes and associated penalties and interest stemming from his 2007 activity surrounding his AETNA account to any other taxing authority within ten (10) days of notice that the same is due; 3. Respondent shall notify any other taxing authority that he does not contest Petitioner's request for Innocent Spouse Relief with regard to the 2007 activity relating to the AETNA account within ten (10) days of request of Petitioner to do so; 4. Respondent shall pay Petitioner's reasonable attorneys fees, costs and expenses in connection with his breach of the Marital Settlement Agreement and Petitioner's enforcement of the same within ten (10) days of the date of this Order; and 5. Any other such other relief as this Court deems appropriate. Respectfully submitted, MCNEES WALLACE & NURICK LLC By ?'k, k/CL ra Deniso ,4antor ttorney 1. D. 116. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (fax) dcantore-mwn.com Attorneys for Defendant/Petitioner Dated: QQ 6t fi o `d l 5 ?xl,i6?+ A MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, Made this day of _? e- - 2009, by and between Sean MacMullin, hereinafter referred to as "Husband", a Melissa MacMullin, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 24, 2003; and WHEREAS, one child was born of this marriage, namely, Brianna MacMullin, born June 30, 2004; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the 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 for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Marlin Markley, Esquire, and Wife by her attorney, Debra D. Cantor, Esquire, have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. PERSONAL RIGHTS: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. From the date of execution of this Agreement, Wife shall use only those credit cards and accounts for which she is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 4. HUSBAND'S DEBTS: Husband is the obligor on an orthodontia bill to Dr. Fred Alba for his son Aaron MacMullin. Wife has made all payments on this obligation since separation. Wife agrees to pay the remaining balance on this obligation. Husband represents and warrants to Wife that since their separation, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. From the date of execution of this Agreement, Husband shall use only those credit cards and accounts for which he is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 5. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, -2- rights or demands whatsoever arising out of their marriage, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa. C.S.A. Section 3302. 6. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. Section 3501 et. seg., and taking into account the following considerations: the length of the marriage; the fact that it is the first marriage for both Husband and Wife, the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DISTRIBUTION OF PERSONAL PROPERTY: Except as may be otherwise provided herein, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each parry to the other for such property as may be in the individual possession of each of the parties hereto. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, -3- whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. DISTRIBUTION OF REAL ESTATE: The parties hereby acknowledge that they were the owners of jointly-titled real estate located at 2172 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania. This home has been sold and Husband and Wife owed money at the time of sale. From separation until sale, all costs and expenses associated with the home were financed by Wife. Wife hereby. waives any right to reimbursement for the funds advanced on behalf of the home. Husband waives any right to make any claims in regard to the home. 7. PENSION AND RETIREMENT BENEFITS: Wife and Husband each hereby specifically releases and waives any and all right, title, claim and/or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. Specifically, the parties acknowledge and agree that Wife shall remain the sole and exclusive owner of IRA #2101 72961001, and Husband waives all right, title and interest in said account. Husband is the owner of an IRA # and/or 401 K # and Husband shall retain sole and exclusive ownership of such account(s). Wife waives all right, title and interest in said accounts. Both parties were owners of 401 K's with Aetna, which have been liquidated or rolled over to the aforementioned accounts. Husband and Wife waive any and all claims to the Aetna accounts. 8. MOTOR VEHICLES: Wife is the owner of a 1998 Honda Civic. Husband waives any right, title and interest he may have in said vehicle. Husband is the owner of a 2006 Hyunda Santa Fe, which is encumbered by a loan. Both the vehicle and loan are in Husband's name. Husband agrees to be solely obligated for the debt associated with this vehicle -4- and shall indemnify and hold Wife harmless from such. Wife hereby waives any right, title and interest she may have in said vehicle. 9. LIFE INSURANCE: To the extent that either party is the owner of policies on his or her own life, those policies shall remain that party's separate property. Each party hereby waives any right, title, claim and/or interest that he or she may have in the other's life insurance policies and/or cash surrender values of those policies. 10. FINANCIAL ACCOUNTS: The parties agree that any and all financial accounts in existence as of the date of separation of the parties have been distributed between the parties by mutual agreement. Accordingly, any financial accounts shall remain the sole and separate property of the party to whom the bank account is titled as of the date of execution of this Agreement, free and clear of any right, title, claim and/or interest of the other. 11. TAX LIABILITY: The parties believe and agree 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. 12. CUSTODY AND CHILD SUPPORT Concurrently with the execution of this Agreement, Husband and Wife shall execute a Custody Stipulation giving Wife sole legal and physical custody of Brianna. Said Custody Stipulation shall be filed at the courthouse and entered as an order. As long as Wife continues as sole legal and physical custodian of the child, Wife agrees that she shall not file a separate action to obtain child support from the other parent. Both parties recognize that the contractual waiver of child support may not be enforceable under the current status of the law in Pennsylvania. -5- Wife shall terminate the current order for child support upon the execution of this agreement by both parties. 13. ALIMONY: The parties acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. Except as provided for in this Agreement, it shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any additional support from the other party. In the event that either of the parties shall seek a modification of the terms of this paragraph, or in the event that Wife makes any claim for spousal support or alimony other than as provided for by the terms of this Agreement, that party shall indemnify and hold the other party harmless from and against any loss resulting therefrom, including counsel fees and costs. 14. ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for spousal support, alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 15. INCOME TAX PRIOR RETURNS: -6- The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. The parties shall be solely responsible for their personal tax obligations. The parties agree that they shall file separate tax returns for 2008. 16. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 17. MUTUAL CONSENT DIVORCE: Husband filed a Complaint for a 3301(c) (d) divorce, raising claims for Equitable Distribution. The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, concurrently with this Agreement, the parties agree to execute such consents, affidavits, or other documents and to direct their respective attorneys to file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c). Husband shall withdraw all additional counts raised in the Complaint and shall move for the finalization of the divorce within seven (7) days of the execution of the affidavit and waivers. 18. EFFECT OF RECONCILIATION OR COHABITATION: -7- This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect reconciliation, cohabit as husband and wife or attempt to effect reconciliation. 19. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall 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 Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 20. THIRD PARTY BENEFICIARIES: Husband and Wife agree that it is not their intention in this Agreement that any other individuals, including their minor children, be third party beneficiaries of this Agreement at this time or at any time in the future. 21. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 22. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. -8- 23. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 24. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et. seta. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 25. DISCLOSURE: Each of the parties hereto 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, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she is aware of his or her right to have the real and/or personal property, estate' and assets, earnings and income of the other assessed or evaluated by the Courts of this Commonwealth or any other Court of competent jurisdiction. The respective parties do hereby acknowledge, recognize and accept that there has been full and fair disclosure to the other of his or her assets and liabilities, and each party agrees -9- that any right to further disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that the division of the marital assets as set forth in this Agreement are fair, reasonable and equitable, and are satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators and assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence, or that there was a failure to have available full, proper and independent representation by legal counsel. 26. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 27. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 28. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 29. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. -10- 30. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 31. VOID CLAUSES: 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. 32. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 33. CONSTRUCTION: No provisions of this Agreement shall be interpreted for or against any party because that party or that party's representative drafted this Agreement in whole or in part. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. ;• r ((SEAL) Ma Markley, squire can MacMullin Debr Cantor, quire c .. SEAL) Melissa MacMullin - 11 - COMMONWEALTH OF PENNSYLVANIA ) y / ( SS: COUNTY OF (LL nl.(4 2 rt w/l On this, the j, day of _c 2009, before me, a Notary Public, the undersigned officer, personally appt>liaared SEAN MACMULLIN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. c2. .'C,CL L. 2 - Notary Public COMMONWEAL Tia OF PENNSYLVANIA Tina ivt. Geld r;,Qt. notary Publk-, New Ctunbodar?c : r; Gumbertand Cwutty MyCornrniwc:, Mar. 24, 2009 Member, P6nnwlv,3n6p A,-swc atlcn i_u Natadas COMMONWEALTH OF PENNSYLVANIA COUNTY OF AJ SS: On this, the day of -FE,6R.uA-e-V , 2009, before me, a Notary Public, the undersigned officer, personally appeared MELISSA MACMULLIN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ? d'a j j 4J tary Public ' C0M-! D NV:;:k; H r- PENNSYLVANIA Norarinl seal ?? - 0A. 68mharl, Notary Pubiicr. "C:i } Idntbrsrg, Dauphin Comp, '_ o^ _nissYn rKDrw Atne 7.2011 r ^'•T i^•!718tIRR -' Plotgn s 1 6x b,f B SEAN MACMULLIN V. MELISSA MACMULLIN DIVORCE DECREE AND NOW, MARCH 12 SEAN MACMULLIN MELISSA MACMULLIN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-455 CIVIL TERM Zoos it is ordered and decreed that plaintiff, and bonds of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Marital Settlement Agreement By the Court, J WESLEY OLER JR Prothonotary Certified Copy Issued: MARCH 24, 2009 Date C r 4 1 k I ? v Department of Treasury Internal Revenue Service 4800 BUFORD HWY CHAMBLEE, GA 39901-0021 :7798 027798.544744.0242.006 3 AT 0.596 2035 IIIIL'1111?t?lII1i1111?J?11111??IIIIIIIIIII1111111'll"11'11111 JR Control: 50025-5439 Notice: CP2000 Notice Date: March 23, 2009 Social Security Number: 219-72-7763 Form: 1040 Tax Year: 2007 To call for assistance: 1-800-829-3009 Toll Free between 7:00 AM - 8:00 PM SEAN A 8 MELISSA MACMULLIN 150 WOODBINE OR To FAX information: HERSHEY PA 17033-2666501 1-877-477-0967 Toll Free Contact: Office of D Kidd ` • April 22, 2009 1 Why are you getting this notice? The income and payment information (e.g., wages, miscellaneous income, interest, income tax withheld, earned income credit, etc.) that we have on file does not match entries on your 2007 Form 1040. If this Information is correct, you will owe 53,227. Tile proposed changes to your tax are listed below. Surni-nary • Proposed Clliangc,? 2007 Tax Increase 0 5,604 Payment Increase S 31058 Penalties - may not include all applicable penalties S 509 Interest -if paid by April 22, 2009 S 172 Proposed Balance Due $ 3,227 2 1 What steps should you take? Following these steps can help you understand this notice. 1. Review your 2007 tax return. 2. Compare your return to the information in the Explanation Section -- page 5. 3. Decide if the information in the Explanation Section is correct. 4. Check the answers to Freguently Asked Questions -- page 2. 5. Complete and return the Response Form in the enclosed envelope -- page 3. 6. Complete and return the Installment Agreement Request (enclosed) if you need to set up a payment plan. 7. Review your rights in The Examination Process Booklet (enclosed). 3 What happens if you don't respond by April 22, 2009? We will send you a final notice, followed by a bill. During this time, interest will increase and certain penalties may apply. (SPIA} CP2000 (Rev. 11/2004) ATLANTA IRS CENTER Why did it take IRS so long to contact me? Will I need to file amended returns (federallstate/local) if I agree with some or all of the proposed changes? What should I do if t am currently in bankruptcy? What steps do l take if I do not agree? 219-72-7763 MACM A011 03/23/2009 50025-5439 Tax years generally end on December 31, but we may not receive complete information from employers, banks, businesses, and other payers until much later. 1. You do not need to file an amended federal tax return fa include the proposed changes shown on this notice. We will correct this tax year when we receive your response. If you choose to file an amended tax return, write "CP2000" along the lop of the 1040X, attach it behind tile Response Form page and send to the address shown on this notice. 2. It the changes on this notice apply to your state tax return, file an amended state/local tax return as soon as possible. We serd information about changes based on this notice to your state and local tax agencies. 3- File amended returns for any prior or subsequent tax years in which the same error occurred. You'll limit the penalty and interest you owe. If you filed for bankruptcy, please complete and return the response page. including any applicable supporting documentation it you chocked Option 2 or Option 3. Please be sure to also include a copy of your bankruptcy petition. We need you to tell us why you do not agree and send us information to support your statement. Please refer to The Examination Process Booklet (enclosed) for lips about what information you should send with your response. What if I need more time to If you cannot respond by April 22, 2009, please call trs at collect my supporting 1-800-829-3009 to request an extension. Remember: If the lax documentation? increase is correct, then we will add interest and penalties to your hill during the extension. Why do I have to pay We are required by law to charge interest and penallies, if applicable, on interest and penalties? all tax owed that is not paid in full by its due date (usually April 15). By law, interest will continue to increase until you have ftilly paid the tax owed and certain penalties may apply. How can I prevent an error 1. Include all income youve received during the year on your tax return. in the future? 2. Wait to file your return until you receive all income statements to be sure your return is complete. If you do not receive an income statement in time to meet the April 15th deadline, estimate the amount of income using pay stubs, bank statements, etc. 3. Check the records (for example, W-2s. 1098s, 1099s, etc.) you receive from your employer, mortgage company, bank, or other source of income to be sure the information they're reporting is correct. (Sorne states pay taxable unemployment benefits, so report that as income as well.) 4. If you receive any additional information after you filed your return, you should amend your return with the corrected information as soon as possible to avoid any interest or penalties. 5. Keep accurate and complete records. Normally, keeping your records for three years is sufficient. What if I have more If we haven't answered your question here, you can lind other Frequently questions? Asked Questions on our website, wwtv.irs.aov. or you can call 1-800- 829-4477, topic 652, for pre-recorded responses. (SP1A) Page 2 CP2000 (REV. 11/2004) ATLANTA IRS CENTER 219-72-7763 MACM A011 03/23/2009 50025-5439 ResponseForm 1. Review the Explanation Section to decide whether you agree or do not agree with IRS's proposed changes. 2. Complete and return the Response Formby April 22, 2009. 3. If you need additional time, callus at 1-800-829-3009. - e . . - -- •rr r sa r - fr If you agree with the changes IRS is proposing, return this toter will) your pnynrent or will[ the completed Installment Agree rnent Request. 779H o OPTION 11 1 Agree with All Changes I agree with the changes to my 2007 tax return. I understand that I owe $ 3 , 227 in additional tax. penalties. and interest. I understand that the law requires IRS to charge interest on taxes that are not paid in full by April 15, 2008. In addiliou. I understand that tide IRS will charge interest until I have paid the tax in lull. Certain penalties may also apply. I understand that I can challenge these changes in the U.S. Tax Court only if IRS detenrines after the date I sign Iles loan that I owe additional taxes for 2007 . I understand that I can lile for a refund at a later date. I understand that both myself and my spouse must sign below. Signature Date Spouse's Signature Date It you do not agree with the changes IRS is proposing, return this form. When you return this form, include :i signed statement that explains whatyou do not agree with. Also include copies ofany documents, suwh ns n corrected W-2. 1009, ar missing lorrns, that support your sf.'fe[nent. ? OPTION 21 1 Do Not Agree with Some of the Changes I've enclosed documentation to support the entries on my original return. o OPTION 31 1 Do Not Agree with Any of the Changes I've enclosed documentation to support the entries on my original return. Tip! Ply as much as you can now to keep penalty and interest changes low. Make your check or money orrier, payable to "United States Treascrry." Write "Tax Year 2007 CP200O." this SocoiSectintyNurnbrr 219-72-7763 anrlyourpltonenumber'onyourcheckorrnoneycrrler. ? OPTION 11 I'm paying the fuil amount of $3,227 ? OPTION 21 I'm making a payment of $ O I'm paying the amount I agree with or 0 I'm making a partial payment at this time because either: o OPTION 31 I'd like to request a payment plan to pay the tax I owe. Complete the loslallment Agreement Request (Form 9465) and ranif it along with this form. 2 1 9 7 2 7 7 6 3 2 0 0 7 1 (RF02) Page 3 CP2000 (REV. 11/2004) ATLANTA IRS CENTER 219-72-7763 MACM A011 03/23/2009 50025-5439 (RF021 • 1. Please verity your address and note any corrections in the space below. (Print clearly.) SEAN A 6 MELISSA MACMULLIN Make any address corrections here. 150 WOODBINE DR HERSHEY PA 17033-2666501 2. Please list your phone numbers and the best time to call below. Home Best Time to Call Work Best Time to Call 3. II you would like to authorize someone, in addition to you and your Spouse, to contact IRS concerning this notice, please include the person's contact information and sign below. Name Phone Address I authorize the person listed above to discuss information with and provide infon-nation to IRS about this notice. Signature Date Spouse's Signature Date The authority granted in Step Cis limited as indicated by the staternent above the signature line. The contact may not sign returns, enter into agreernents, orothetwise represent you before the IRS. f( you want to have a designee with e*anded authorization, see IRS Publication 947, Practice Before the IRS and Power of Attorney. fi 13 Completed Steps A, B, and C (Loth sides of this form). EI Included this form and your payment (if applicable) in the envelope provided. 0 Included the Installment Agreement Request (it applicable) in the envelope provided. • Made a copy for your records of the Response Form and the Installment Agreement Request if you used it. • Checked that the IRS address shows through the envelope window. Please Fold Here. Do not detach. Please be sure our address shows through the envelope window. AUR Control Number: 50025-5439 Notice Number: CP2000 Notice Date: 03/2312009 219-72-7763 INTERNAL REVENUE SERVICE ATLANTA IRS CENTER 4800 BUFORD HWY CHAMBLEE, GA 39901-0021 SEAN A & MELISSA MACMULLIN 150 WOODBINE DR HERSHEY PA 17033-2666501 Page 4 CP2000 (REV, 11/2004) 219727763 WU MACM 30 0 200712 640 00000322700 ATLANTA IRS CENTER 219-72-7763 MACM A011 03/23/2009 50025-5439 How to Review 1. Compare your records with the records we received under Information This Section Reported to IRS. 2. Review the Reasons for the Changes to see why we changed your return. 3. Proceed to Changes to Your Return to see how your new tax was calculated. 4. Once you have fully reviewed the Explanation Section, please complete and return the Response Form in the envelope provided. 27799 This section tells you specifically what income information IRS has received about you from others (including your employers, banks, mortgage holders, etc.. The information listed below does not match the information you listed on your tax return. Use this table to compare the data IRS has received from others to the information you listed on your tax return to understand where the discrepancy, or difference, occurred. To assist you in reviewing your income amounts, the table may include both reported and unreported amounts from the same payer. If this information is correct, your tax increase is 6 5, 604 plus all applicable penalties, interest and payment adjustments such as federal tax withholding, excess social security tax withheld, etc. If you pay in full by April 22, 2009 , you'll owe $ 3,227. TAX WITHHELD Account Information Amount Reported to IRS by Others Amount Included on Your Return Difference #001 SSN: 219-72-7763 Form 1099-R 5 3,058 - - ACCT: 000641 0010219727763 DISTRIBUTION CODE: 1 AETNA LIFE INSURANCE COMPANY AETNA RETIREMENT SVC ADMIN P 0 BOX 2946 RS2A HARTFORD CT 06104 ITAX WITHHELD Total I s 3,0S21 * 01 * 3,058 STATE INCOME TAX REFUND Account Information Amount Reported to IRS by Others Amount Included on Your Return Difference #002 SSN: 219-72-7763 Form 1099-G S 22 - - ACCT: 2197277632006 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE HARRISBURG PA 171281225 STATE INCOME TAX REFUND Total I s 221 $ 0 s 22 o--- r rP9nnn (RFV. 11/2004) ATLANTA IRS CENTER 219-72-7763 MACM A011 03/23/2009 50025-5439 RETIREMENT INCOME TAXABLE Account Information Amount Reported to IRS by Others Amount Included on Your Return Difference #003 SSN: 219-72-7763 Form 1099-R S 15,294 $ 0 $ 15,294 ACCT: 000641 0010219727763 DISTRIBUTION CODE: 1 AETNA LIFE INSURANCE COMPANY AETNA RETIREMENT SVC ADMIN P 0 BOX 2946 RS2A HARTFORD CT 06104 IRETIREMENT INCOME TAXABLE Total I s 15,294 $ 0 $ 15,294 {EX06) Page 6 CP2000 (REV. 11/2004) ATLANTA IRS CENTER 219-72-7763 MACM A011 03/23/2009 50025-5439 This section provides explanations to help you understand the proposed changes to your tax return. The paragraphs that follow provide explanations for: the items listed in Section 1. Information Reported to IRS m the changes to your tax computation listed in Section 3. Changes to Your Return • the penalty and interest charges listed in Section 3. Changes to Your Return ?w LIZ ¦ Payment Instructions ¦ Additional Information that will help you understand this notice and what action you need to take to resolve the tax discrepancy 77!00 Within each subsection below, the paragraphs are organized by topic to help you review them. These paragraphs explain the items listed in Section 1. Information Reported to IRS. 1Income State and Local Income Taxes STATE AND LOCAL INCOME TAX REFUND Since you claimed state and local taxes when you itemized deductions on your 2006 tax return, you must report any refund or credit of those taxes as income on your 2007 federal tax return (or the year in which you actually received the refund or credit). IRA, Pension or Retirement RETIREMENT DISTRIBUTIONS We need more information for the distribution shown on this notice. We need to know if the income is a pension or an annuity, an IRA or lump sum rollover, or an employee savings plan. If the income is from a pension/annuity or an Employee Savings Plan and you are recovering your contributions using the General Rule or the Simplified General Rule, please send us a signed statement with the date of your first pension payment, the amount you receive monthly, and the total amount you contribute. If the income is an IRA or lump sum and was rolled over, please send us a signed statement with the amount of the rollover, the date of the distribution and the date of the rollover. If the income is an employee savings plan, please send us a copy of the document showing the total distribution amount you received for 2007, and the nontaxable amount of the distribution. tither Income General MISIDENTIFIED INCOME If any of the income shown on this notice is not yours, send us the name, address, and social security number of the person who received the income. Please notify the payers to correct their records to show the name and social security number of the person who actually received the income, so that future reports to us are accurate. (EX10) Page 7 CP2000 (REV. 11/2004) ATLANTA IRS CENTER 219-72-7763 MACM A011 03/23/2009 50025-5439 1Other Income General FORM W-2 OR 1099 NOT RECEIVED The law requires you to report your income correctly. If your payers did not send you a yearly income statement (Form W-2, Form 1099, etc.), you must use the information you have (pay stubs, monthly income statements, deposit slips, etc.) to estimate the total amount of income you received during the year. ITax & Credits Tax Credits CHILD TAX CREDIT The allowable amount of the Child Tax Credit is based on filing status, the number of qualifying child(ren), modified adjusted gross income and tax. The credit is adjusted when modified adjusted gross income changes. The credit cannot be more than the tax. If you filed and claimed credits for adoption expenses, mortgage interest and/or District of Columbia first-time homebuyer with your original tax return, please provide us with recomputed worksheets from Publication 972, Child Tax Credit. In order to apply any unused credits from these sources, send us the recomputed forms. If you have already applied these unused credits to other tax year(s), you need to file a Form 1040X, Amended U.S. Individual Tax Return for the other year(s) with the appropriate Internal Revenue Service Center. If the tax return for the affected period has not yet been filed, confirm with a signed statement that your records have been corrected. 1Other Taxes Tax on qualified plans 10% TAX ON PREMATURE DISTRIBUTIONS FROM A QUALIFIED RETIREMENT PLAN Premature distributions from a qualified retirement plan are subject to an additional 10% tax. A distribution is considered premature if it was paid before you reached age 59 1/2. Exceptions may apply as indicated in Publication 17, Your Federal Income Tax, or Publication 590, Individual Retirement Arrangements. If the distribution(s) shown on this notice are exempt from the additional tax, please send us a signed explanation. Payments & Credits Withholding Credit and Estimated Tax Payments UNDERCLAIMED WITHHOLDING Our records indicate you may be entitled to a larger amount of withholding than you claimed on your tax return. Please review the payer information provided in this letter with your records. If this payer information is incorrect, please provide a statement so that we can correct our records. If this payer information is correct, please respond to this notice so that we may make the necessary adjustments to your account. (EX101 Page 8 CP2000 (REV. 11/2004) ATLANTA IRS CENTER 219-72-7763 MACM A011 03/23/2009 50025-5439 IPenalty & Interest Charges 27798 Penalties ACCURACY PENALTY FOR SUBSTANTIAL TAX UNDERSTATEMENT - IRC SECTION 6662(d) If we increase your tax, and the increase exceeds 20% of the corrected tax and is also equal to or greater than $5,000, the law requires an a ccuracy-related penalty due to substantial understatement of tax. The penalty is 20% of your tax increase. The penalty may be reduced or not charged if you: * Provide the substantial authority (such as, Internal Revenue Code, Regulations, Revenue Rulings, Revenue Procedures, etc.) you used to decide how to treat your income or deduction, or * Tell us where on your return you clearly show the facts supporting your treatment of the income or deduction, or * Submit a signed statement that clearly outlines the facts supporting your treatment of the understated income. Interest Charges INTEREST PERIOD - IRC SECTION 6601 We are required by law to charge interest on unpaid tax from the due date of the tax return to the date the tax is paid in full. The law requires that interest continue to be charged on the unpaid balance, including penalties, until paid in full. For More Information about Your Penalty & Interest Charges DETAILED PENALTY/INTEREST COMPUTATION If you require a detailed penalty or interest computation for this notice, please call the toll-free telephone number listed on page 1. Additional information FORMS OR SCHEDULES AVAILABILITY If you need forms or schedules to respond to this notice you may get them by: * Visiting local offices and some public libraries * Calling 1-800-TAX-FORM (1-800-829-3676) or * Visiting the IRS Web site at www.irs.gov tEX21) Page 9 CP2000 (REV. 11/2004) ATLANTA IRS CENTER 219-72-7763 MACM A011 03/23/2009 50025-5439 3, Changet.,; to • Return Note: We only show the items that have been affected by the information we received in the following chart. All other items are correct as shown on your return. Unless noted, line numbers always refer to the line number on your tax return. Changes to Your Income and Deductions Shown on Return Reported to IRS, or as Corrected Difference STATE INCOME TAX REFUND S 0 $ 22 $ 22 RETIREMENT INCOME TAXABLE $ 0 $ 15,294 $ 15,294 Income Net Difference $ 15,316 Total Change to Taxable Income $ 15,316 Changes to Your Tax Computation Shown on Return As By Corrected IRS Difference Taxable Income, line 43 $ 70,027 $ 85,343 $ 15,316 Tax, line 44 $ 10,354 $ 14,179 $ 3,825 Child tax credit, line 52 $ 2,000 $ 1,750 $ -250 Tax on qualified plans, including IRAs, and other tax-favored accounts, line 60 $ 0 $ 1,529 5 1,529 Total Tax, line 63 $ 8,354 $ 13,958 $ 5,604 *Net Tax Increase $ 5,604 Income Tax Withheld, line 64 S 13,327 $ 16,385 $ 3,058 *Net Payment Increase $ 3,058 Summary of Proposed Changes Amount of Tax Increase $ 5,604 Payment Increase t 3,058 Accuracy-Related Penalty, IRC Section 6662(a) $ 509 Interest, IRC Section 6601, From 04/15/2008 To 04/22/2009 S 172 Total Amount You Owe S 3,227 *Increases to Payments decrease the amount owed. *Decreases to Credits result in an increase to Tax. (EX21) Page 10 CP2000 (REV. 11/2004) 6xk, Lr f b AVIV. McNees Wallace & Nurick LLC attorneys at law DEBRA D. CANTOR DIRECT DIAL: (717) 237-5297 DIRECT FAX: (717) 260-1667 E-MAIL ADDRESS: DCANTOR@MWN.COM March 24, 2009 Marlin L. Markley, Esquire 2108 Market Street Camp Hill, PA 17011 RE: MacMullin v. MacMullin Dear Marlin: Enclosed please find information received by my client regarding the parties' 2007 taxes. As you will note, the IRS received information regarding distributions which your client took from his Aetna Retirement Plan. Apparently, he did not report this amount. Pursuant to the terms of the Marital Settlement Agreement when such instances arise, the individual responsible for the lack of reporting or for the missed income is solely responsible for the tax. As this is related to your client's liquidation of a retirement account and he failed to provide this information to the tax preparer, this is his responsibility. This amount must be paid to prevent the IRS from withholding Melissa and Sean's future return refunds. This amount must be paid to the IRS immediately. This is an issue that I will file a Petition for Special Relief over if we do not have this issue addressed. Your immediate attention is expected. Very truly yours, McNEES WALLACE & NURICK LLC By Debra D. Cantor DDC/Ibl Enclosures c: Melissa MacMullin P.O. Box 1166. 100 PINE STREET - HARRISBURG, PA 17108-1166 - TEL: 717.232.8000 - FAX: 717.237.5300 - WWW.MWN.COM COLUMBUS, OH - STATE COLLEGE, PA - LANCASTER, PA - HAZLETON, PA - WASHINGTON, DC ?xk?b;f G_ ALL-STATE LEGAL' 800222-0510 A viv McNees Wallace & Nurick LLC attorneys at law June 29, 2009 Patrick F. Lauer, Esquire 2108 Market Street Camp Hill, PA 17011 RE: MacMullin v. MacMullin FILF P r ,!Py DEBRA D. CANTOR DIRECT DIAL: (717) 237-5297 DIRECT FAX: (717) 260-1667 E-MAIL ADDRESS: DCANTOR@MW N.COM Dear Patrick: Marlin Markley handled the above-captioned file while working at your office. I understand from our conversation with your secretary that the file remains at your office. The parties filed a joint tax return and received notification that the return was wrong. Apparently, your client withdrew the amount of $15,294 from his retirement account and did not report this on the parties' tax return. The IRS is now claiming a delinquent amount of $3,227 (plus accrued costs and penalties). In March of 2009 1 asked Marlin to discuss the payment of this sum by his client since he received and retained the entirety of the retirement account as part of the property distribution and at no time did my client receive any of the retirement liquidation. To date I have heard nothing in response. My client has received notification from the IRS that both she and her husband are being held delinquent. Obviously this delinquency, and any future lien that may be issued, have a direct effect upon my client. Since she received no benefit from this liquidation, I am not recommending that she make any payment. I am sending your office one last letter to resolve this issue prior to my filing a petition for special relief. Pursuant to the terms of the Marital Settlement Agreement, if any issues related to prior tax returns arise, the party responsible for the delinquency shall be solely obligated for the repayment of the expenses. This petition will also result in the claim for my attorneys' fees and costs. Your immediate attention is expected. Very truly yours, McNEES WALLACE & NURICK LLC By Debra D.Z ntor DDC/jmb c: Melissa MacMullin P.O. Box 1166. 100 PINE STREET- HARRISBURG, PA 17108-1166 • TEL: 717.232.8000- FAX: 717.237.5300 • WWW.MWN.COM COLUMBUS, OH • STATE COLLEGE, PA • LANCASTER, PA • HAZLETON, PA • WASHINGTON, DC VERIFICATION I hereby verify that the statements of fact made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. Melissa MacMullin Dated: 9//n/O y CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Patrick F. Lauer, Esquire THE LAW OFFICE OF PATRICK F. LAUER, JR., L.L.C. 2108 Market Street Camp Hill, PA 17011 AMAJ"-- anne M. Ba nhart, egal Secretary Dated: <* - 10" An 9 I ?QY 2t1' e' 1 1 FM 1:11 CL° i, SEAN MACMULLIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MELISSA MACMULLIN, Defendant NO. 08-455 CIVIL TERM DEFENDANT'S PETITION FOR SPECIAL RELIEF TO ENFORCE MARITAL SETTLEMENT AGREEMENT ORDER OF COURT AND NOW, this 15'h day of September, 2009, upon consideration of Defendant's Petition for Special Relief To Enforce Marital Settlement Agreement, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of service. Patrick F. Lauer, Jr., Esq. 2108 Market Street Camp Hill, PA 17011 Attorney for Plaintiff Debra Denison Cantor Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorney for Defendant :rc n 1 q??? fob BY THE COURT, FILED-r"li l: OF THE F"'l r' 'TARY 2099 SEP 16 P ?: 0 4 y ?r