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HomeMy WebLinkAbout01-6827Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAMARA S. STINE, Plaintiff MARK K. STINE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. fSI-~'~>-~7 ~ ~'fft~-- .' : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgement may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other fights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAM_ARA S. STINE, Plaintiff MARK K. STINE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Tamara S. Stine, an adult individual residing at 1117 Wansford Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Mark K. Stine, an adult individual residing at 1117 Wansford Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiffand Defendant were married on May 22, 1992 in Cumberland County, Pennsylvania. 5. There are two (2) minor children bom of this marriage, being Paul K. Stine, bom April 16, 1994; and Meredith F. Stine, bom April 6, 1997. 6. The parties separated on November 1,2001. 7. There have been no prior actions for divome or annulment between the parties. 8. Neither Plaintiffnor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiffhas been advised that counseling is available and that Plaintiffhas the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE 10. The avemaents in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with § 3301 of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, Tamara S. Stine, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; and B. Awarding other relief as the Court deems just and reasonable. Dated: November 29, 2001 Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Slxeet New Cumberland, PA 17070 (717) 774-1445 TAMARA S. STINE, Plaintiff V. MARK K. STINE, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. o/- : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT REGARDING COUNSEl,lNG 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unswom falsification to authorities. Dated: ~7/~t:~70~ ,2001 '~--~ ~~ TAMARA S. STINE Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAMARA S. STINE, Plaintiff Vo MARK K. STINE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CIVIL ACTION - LAW : IN DIVORCE I, TAMARA S. STINE, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, infoi~iiation and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. TAMARA S. STINE Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAMARA S. STINE, MARK K. STINE, Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6827 : : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OFSERVICE I, MARK K. STINE, hereby personally accept service and acknowledge receipt of the above-captioned Complaint in Divorce, having received said Complaint on the 1~ day of 2001. MARK K. STINE Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAMARA S. STINE, MARK K. STINE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6827 : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 30, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are tree and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: ~'""~TAMARA S. STINE Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAMARA S. STINE, : IN THE COURT OF COMMON PLEAS Vo MARK K. STINE, Plaintiff Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6827 : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST EN'fRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. TAMARA S. STI~qE Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street lqew cumberland, PA 17070 T~vlARA S. STINE, plaintiff MARK K. STINE, Defendant · cuMBERLAND coUNTY, pENNSYLVANIA : NO. 01-6827 : CIVIL ACTION - LAW · IN DIvoRCE ~ filed on A Complaint in Divorce under Section 3301(c) of the Divorce Code was November 30,2001. 2. The marriage of the plaintiff and Defendant have elapsed since the filing and service of the Complaint. is irretrievably broken· Ninety days 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. DATE: MARK K. STINE ) )ss. ) Before ,me, the undersigned County, personally appeared officer, a Notary Public in and for said Commonwealth and MARK K. STINE, who being duly afFmned according to/aw, deposes and says that the facts and matter set forth in the within and foregoing AFFIDAVIT OF CONSENT are true and correct to the best of his knowledge, information and belief. C)T D ~, ...... --~VONNE L. PATURZO, Notary Public /j~;.'7. ~.,~-tx~ .rUI:ILIC - ~ J.. Harrisburg Dauphin County //~v~y commission Expires: ] My Commission Expires June 19, 2004 (,./ (SEAL) Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAMARA S. STINE, Plaintiff Vo MARK K. STINE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6827 : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service dated December 10, 2001. 3. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff September 10, 2002; by Defendant September 3, 2002. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated September 3, 2002 and incorporated, but not merged, into the Decree. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with Prothonotary: September 11, 2002. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with Prothonotary: September 11, 2002. Dated: September/(~ 2002 ~ ' Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID//32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAMARA S. STINE, Plaintiff Vo MARK K. STINE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6827 : : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Praecipe to Tr~n.~mit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: DATED: September t/0 , 2002 Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day o~~02' by and between MARK K. STINE, hereinafter referred to as "HUSBAND", and TAMARA S. STINE, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on May 22, 1992 in Cumberland County, Pennsylvania; WHEREAS, two (2) children were bom of this marriage being Paul K. Stine, born April 16, 1994 and Meredith F. Stine, born April 6, 1997; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property fights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; (3) the settling of all matters between them relating to the past, present and future support or maintenance of their minor children, and (4) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEl, HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND is cognizant of his right to legal representation and declares that he has chosen not to retain an attorney notwithstanding the fact that attorney for WIFE has told him that he has an absolute right to be represented by an attorney. HUSBAND has chosen instead to negotiate directly with counsel and/or with his WIFE. HUSBAND hereby acknowledges that he has done so willingly and the he fully understands the facts and has been fully informed and understands that, had a Court decided this matter, he may have received more or less than is provided for in this Agreement. HUSBAND knowingly waives his rights, i£any, to utilize the lack of her legal representation as a basis to attack the validity of this Agreement. 8/9/2002 2 Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, including their assets, liabilities and income. Each of the parties acknowledge and agree that, after having received such information and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal Agreement. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 8/9/2002 3 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301 (c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. 5. SUBSEQUENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This 8/9/2002 4 Agreement shall remain in full rome and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt reconciliation. This Agreement shall continue in full fome and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement. A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. 8/9/2002 5 B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the fight of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the fight of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABII,ITIE,R This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 8/9/2002 6 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains ail of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 11. BINDING EFFECT OF AGREEMENT/WAIVEI{ This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH If either party breaches any provision of this Agreement, the other party 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 contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 8/9/2002 7 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non-marital and marital personal and household property, including but without limitation, jewelry, clothes, furniture, and other assets. HUSBAND agrees that all assets in possession of WIFE or titled in WIFE's name shall be the sole and separate property of WIFE and, WIFE agrees that all assets in the possession of HUSBAND or titled in HUSBAND's name shall be the sole and separate property of HUSBAND. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. 8/9/2002 8 B. REAL ESTATE The parties jointly own property at 1117 Wansford Road, Mechanicsburg, Cumberland County, Pennsylvania. Said house has an estimated market value of THREE HUNDRED FIFTEEN THOUSAND DOLLARS ($315,000.00). Said property is encumbered by a mortgage held by Equity One, Inc. in the approximate amount of TWO HUNDRED FIFTY-SEVEN THOUSAND DOLLARS ($257,000.00). WIFE desires to maintain said home and reside therein with the children. HUSBAND agrees to convey his interest in this real estate to WIFE. WIFE shall be fully responsible for any past, present and future principal, interest, penalties and costs as well as any taxes, insurance and/or any debts associated with the real estate. WIFE hereby agrees to indemnify and hold HUSBAND harmless from any and all liability as a result of non-payment of the mortgage or any other obligations as enumerated above associated with the real estate. HUSBAND agrees to execute a deed simultaneously with the execution of this Agreement wherein he assigns, conveys and transfers to WIFE all of his interest, rights and title in the marital residence. C. MOTOR VEHICLES There are two vehicles owned by the parties. WIFE shall have sole ownership of the 1995 Oldsmobile Silhouette. HUSBAND shall have sole ownership of the 2001 Oldsmobile Aurora. The Oldsmobile Aurora is subject to a loan payment of which shall be the sole obligation of HUSBAND. HUSBAND agrees to indemnify and hold WIFE harmless from any obligation due and owing on said vehicle. HUSBAND agrees to seek a release of WIFE from said loan 8/9/2002 9 obligation. WIFE and HUSBAND agree to execute all documents necessary to effectuate the provisions of this paragraph within thirty (30) days of the date of execution of this agreement. D. FINANCIAL ASSETS The parties have the following financial assets and agree to distribution as follows: WIFE: WIFE has the following accounts in her name. VANGUARD Profit Sharing Plan MFS IRA (As of 12/31/01) (As of 12/31/01) $12,844.09 $ 6,507.40 The above referenced assets shall become the sole and separate property of WIFE. HUSBAND hereby waives and relinquishes all claims, title and interest in said assets. HUSBAND: HUSBAND has the following accounts in his name. Prudential Financial 401 (K) (As of 12/31/01) $21,889.92 The above referenced asset shall become the sole and separate property of HUSBAND. WIFE hereby waives and relinquishes all claims, title and interest in said assets. E. PENSION Through his employment, HUSBAND has also vested in two pension defined benefit plans. The first is the Commonwealth of Pennsylvania State Employee Retirement System. It has a vested benefit value of $232.20 presently and $635.91 at the time of normal retirement. He also has a benefit through the Pennsylvania Automotive Association Pension Plan which has an 8/9/2002 10 accrued monthly pension payable of $823.00 at normal retirement age. The actual value of HUSBAND'S PAA Pension, as of date of separation is $26,863.87. HUSBAND shall retain both pensions as his sole and separate property. F. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. HUSBAND warrants that no cash value exists in his life insurance. WIFE shall maintain her ING insurance policy which has a cash value of $9,906.35. Further, HUSBAND agrees to carry life insurance in a sum of not less than TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) on himself until the parties' daughter, Meredith, reaches the age of eighteen (18) years. WIFE shall be named as irrevocable beneficiary and trustee for the benefit of the children. HUSBAND shall provide proof of the existence of said policy to WIFE on an annual basis. G. BUSINESS INTEREST WIFE operates a business in government relations and lobbying. Said business shall be sole property of WIFE and HUSBAND waves any interest therein. It. CASIl PAYMENT TO HUSBAND WIFE shall pay to HUSBAND the sum of $17,500.00. This payment shall be made within sixty (60) days of the date of this Agreement. 8/9/2002 ! ! 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. The parties confirm that no marital debts exist. The parties also confirm that all joint credit cards are terminated. SECTION III CHILD SUPPORT, ALIMONY 1. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE/ALIMONY Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony or alimony pendente lite. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony, alimony pendente lite and maintenance. 8/9/2002 12 2. CHILD SUPPORT The parties agree that HUSBAND shall pay to WIFE the sum of ONE THOUSAND ONE HUNDRED DOLLARS ($1,100.00) per month for support of their children. Said sum shall be paid directly to WIFE in two equal installments of FIVE HUNDRED FIFTY DOLLARS ($550.00) per month on the first and fifteenth day of each month. In addition to the base support, HUSBAND agrees to pay to WIFE the sum equal to forty-three (43%) percent of the day care expense incurred by WIFE, as well as forty-three (43%) percent of all non-covered medical expenses. Said expenses shall be paid to WIFE within twenty (20) days of WIFE's presenting to HUSBAND documentation of said costs. HUSBAND shall agree to continue to provide medical insurance for the children. In the event HUSBAND fails to make the payments of support within five days of their due date, WIFE shall have the right to have this order entered for enforcement at Domestic Relations for garnishment of HUSBAND's income. Either party shall have the right to have this matter reviewed and administered through Domestic Relations upon the occurrence of a changed circumstance. 3. CUSTODY The parties shall share legal custody of the children. WIFE shall have primary physical custody of the children subject to the following periods of partial custody with HUSBAND: a) b) c) d) e) f) Every Friday from after work until Saturday at 12:00 noon; Alternating Saturdays from 12:00 noon to Sunday at 12:00 noon; Every Wednesday evening at the home of WIFE; Each Thanksgiving morning through dinner at 4:00 p.m. One week of vacation with the HUSBAND per calendar year; and Such other times as the parties can mutually agree. 8/9/2002 13 4. COLLEGE EXPENSES The parties agree that they shall be equally obligated to pay for the college expenses for their children. In order to establish an agreement on the amount of expense, WIFE and HUSBAND agreed to share equally the children's tuition, room, board, books, and fees for a full time student at the main campus of Penn State University at the time of the respective child's enrollment SECTION IV 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS; The parties acknowledge that this Agreement shall become effective when actually signed by both parties. WITNESS ~J- TAMARA S. STINE 8/9/2002 14 COMMONWEALTH OF PENNSYLVANIA couNTy oF ) ) ss. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared MARK K. STINE who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this,~t'cfl day of ',.~d~, 2002. / Ha~s~u~, Dauphin ~un~ SE ,~ My commission expires: I YvO~E [. PA~ZO, ~ota~ Public ~ /~y Comm~m~on Expiros ~uno ~0, ~4~( AL) COMMONWEALTH OF PENNSYLVANIA ) )ss. COUNTY OF CUMBERLAND ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared TAMARA S. STINE, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. My commission expires: ribed to before me this/'ff~ day of~002. PUBLIC ~ (SEAL) 8/9/2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of TAMARA S. STINE, Plaintiff VERSUS MARK K. STINE, D~fendant PENNA. No. 01-6827 DECREE IN DIVORCE TAMARA S. STINE DECREED THAT 2002 AND MARK K. STINE , IT IS OrDErED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE Ail matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated September 3, 2002 and incorporated, but not merged, into the Decree. By TH~ ATTEST~~i~ J' PROTHONOTARY