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HomeMy WebLinkAbout05-5455In the Court of Common Pleas of Cumberland County, Pennsylvania ED J. MCCLINTOCK, JR., ) Plaintiff, VS. ) No. t/257- S ?fS?S E A. MCCLINTOCK, ) CIVIL TERM Defendant. ) IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set th in the following pages, you must take prompt action. You are warned that if you fail to do the case may proceed without you and a decree of divorce or annulment may be entered inst you by the Court. A judgment may also be entered against you for any other claim or of requested in these papers by the Plaintiff. You may lose money or property or other rights >ortant to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you request marriage counseling. A list of marriage counselors is available in the Office of the ionotarv at: Office of the Prothonotary Cumberland County Courthouse Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, U MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE CE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 In the Court of Common Pleas of Cumberland County, Pennsylvania ED J. MCCLINTOCK, JR., ) Plaintiff, ) VS. ) No. 0,5- 5Y 55' Cunt Tt E A. MCCLINTOCK, ) CIVIL TERM Defendant. ) IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in divorce proceeding filed in the t of Common Pleas of Cumberland County. This notice is to advise you that in accordance Section 3302(d) of the Divorce Code, you may request that the court require you and your se to attend marriage counseling prior to a divorce being handed down by the court. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and are not bound to choose a counselor from this list. All necessary arrangements and the cost of sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within days of the date on which you receive this notice. Failure to do so will constitute a waiver your right to request counseling. ichael S. Travis No. 77399 04 Trindle Road imp Hill, PA 17011 17) 731-9509 In the Court of Common Pleas of Cumberland County, Pennsylvania ED J. MCCLINTOCK, JR., ) Plaintiff, ) VS. ) No. 05. 3 `l5s? iE A. MCCLINTOCK, ) CIVIL TERM Defendant. ) IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE Plaintiff, by his attorney, Michael S. Travis, respectfully represents: Plaintiff is Alfred J. McClintock, Jr., who resides at 513 Sample Bridge Road, Cumberland County, Pennsylvania, 17025, since July, 2005. 2. Defendant is Denise A. McClintock, who resides at 5254 Terrace Road, iicsburg, Cumberland County, Pennsylvania, 17050 since 1990. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 24, 1989, in Mechanicsburg, land County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in or any other jurisdiction. The marriage is irretrievably broken. The parties have been living separate and apart. At a subsequent time, Plaintiff submit an Affidavit that the parties have lived separate and apart for at least two (2) years. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have right to request that the court require the parties to participate in counseling. Neither party is in the Military Service in the United States. 10. Plaintiff requests the court to enter a decree of divorce. 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: 1tf- O IQ 4 A ?° tf Alfred J. McClintock, Jr., Plaintiff ichael S. Travis Attorney for Plaintiff I.D. # 77399 3904 Trindle Road Camp Hill, PA 17011 (717) 731-9502 Fax 731-9511 ??, ?. ?. \ ?? R ?' ?? ? ? ? ? ?J r> ??' io : 7 _ _?.! ?a ?? ?' ? ? r,. _ ?_ ,,. .- -- ?> . ?_ ? . -mac: ,. A IN THE COURT OF COMMON PLEAS DENISE McCLINTOCK OF CUMBERLAND COUNTY, PENNSYLVANIA V. ALFRED McCLINTOCK NO: 2005-5455 IN DIVORCE NOTICE OF APPEARANCE Please accept this notice of my appearance on behalf of the plaintiff, Denise McClintock, in reference to the above captioned divorce matter. William M. Shreve Attorney ID # 82337 3618 North Sixth Street P.O. Box 5292 Harrisburg, PA 17110 (717) 234-6001 a IN THE COURT OF COMMON PLEAS DENISE McCLINTOCK OF CUMBERLAND COUNTY, PENNSYLVANIA V. ALFRED McCLINTOCK NO: 2005-5455 IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this day of January, 2006, I, William M. Shreve, hereby certify that I have or will serve the within Notice of Appearance upon the persons and in the manner indicated below: Service by First-Class Mail: Michael S. Travis, Esquire 3904 Trindle Road Camp Hill, PA 17011 William M. Shreve Attorney ID # 82337 3618 North Sixth Street P.O. Box 5292 Harrisburg, PA 17110 (717) 234-6001 r-> .1 t..- C-' .... P,,: , ..?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Alfred McClintock, Plaintiff VS Denise McClintock, Defendant Docket No. 2005-5455 Civil Action - Divorce PRAECIPE FOR ENTRY TO APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Plaintiff, Alfred McClintock, with regard to the above-captioned matter. Respectfully submitted, NEALON, GOVER & PERRY By: ih J. Bro , Esquire Attorney I.D. o. 200614 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Dated: February 20, 2006 CERTIFICATE OF SERVICE AND NOW, this 21" day of February, 2006, 1 hereby certify that I have served the foregoing Entry of Appearance on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: William M. Shreve, Esquire 3618 North 6t' Street P.O. Box 5292 Harrisburg, PA 17110 Sar h J. Blown, Esquire ?? t, ";?? ._? m -:= -,- ..- r .^ CS3 ALFRED McCLINTOCK Plaintiff V. DtrmgE -*EfREB?-McCLINTOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO: 2005-5455 IN DIVORCE And now, comes Defendant, Denise McClintock, by and through her attorney, William M. Shreve, and respectfully avers the following: 1-10. Admitted. COUNTERCLAIMI EQUITABLE DISTRIBUTION 11. Plaintiff and Defendant possess various items of both real and personal property which are subject to equitable distribution by the Court. WHEREFORE, Defendant prays the Court to equitably distribute the marital property after an inventory and appraisement has been filed by the parties. COUNTERCLAIM 11 CLAIM FOR ALIMONY 12. Defendant lacks sufficient funds to provide for her reasonable needs and is unable to support herself through appropriate employment. WHEREFORE, Defendant respectfully requests this Honorable Court to award indefinite alimony. COUNT III COUNTERCLAIM FOR ALIMONY PENDENTE LITE, COUNSEL FEES COSTS AND EXPENSES 13. Plaintiff does not have sufficient funds to support herself or to pay counsel fees, costs and expenses incidental to this action necessary to prosecute same. WHEREFORE, Defendant respectfully requests this Honorable Court direct Plaintiff to pay to Defendant alimony pendent elite, in addition to counsel fees, costs and expenses necessary for Defendant to adequately prosecute this case. Respectfully submitted, William M. Shreve Attorney ID # 82337 3618 North Sixth Street P.O. Box 5292 Harrisburg, PA 17110 (717) 234-6001 ALFRED McCLINTOCK Plaintiff V. ALFRED McCLINTOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO: 2005-5455 IN DIVORCE I verify that the statements made in the foregoing Answer with Counterclaims are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unswom falsification to authorites. O tP Date e D Ise McClinto k A DENISE McCLINTOCK V. ALFRED McCLINTOCK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 2005-5455 IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this '? day of August, 2006, I, William M. Shreve, hereby certify that I have or will serve the within Defendant's Answer to Divorce Complaint with Counterclaims upon the persons and in the manner indicated below: Service by First-Class Mail: James G. Nealon, III, Esquire 2411 N. Front Street Harrisburg, PA 17110 William M. Shreve Attorney ID # 82337 3618 North Sixth Street P.O. Box 5292 Harrisburg, PA 17110 (717) 234-6001 e Gb ? J t c art v c co "Q N W 0 ril -a f7 1 V(71 V`IJ ALFRED J. MCCLINTOCK, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-5455 CIVIL TERM DENISE A. McCLINTOCK, IN DIVORCE Defendant/Petitioner PACSES # 778108577 ORDER OF COURT AND NOW to wit, this 1 st day of September, 2006, it is hereby Ordered that the Alimony Pendente Lite request filed on August 30, 2006 in the above captioned matter is dismissed without prejudice due to a spousal support order being in effect in the amount of $764.00 per month under PACSES #091107656 and docketed at 00761 S 2005. BY THE COURT: Ke iI A. Hess, J. DRO: R.J. Shadday xc: Petitioner Respondent James Nealon, 111, Esq. William M. Shreve,Esq. Fenn OE-001 Service Type: M Wodcec 21005 o O C rn -ft ?.'- cn _. rcl ? r. n7T ? `` ?r> 1:: y=41 -.. r -, ? W ?f-tl i tt 9 11 James G. Nealon, III, Esquire NEALON & GOVER, P.C. 101 South Duke Street York, PA 17401 (717) 852-7888 a nealon(ftealon-gover.com ALFRED J. MCCLINTOCK, JR., PLAINTIFF V. DENISE A. MCCLINTOCK, DEFENDANT NOTICE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5455 CIVIL DIVORCE ACTION IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in March 3, 2005, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: -(J A LOU) AL RED J. McCLINTOCK, JR. PLAINTIFF CERTIFICATE OF SERVICE AND NOW, this \Z""" day of 2007, 1 hereby certify that I have served the foregoing Affidavit Under Section 3301(d) of the Divorce Code on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Matthew J. Eshelman, Esquire GATES, HALBRUNER & HATCH, P.C. 1013 Mumma Road Suite 100 Lemoyne, Pennsylvania 17043 James G. Nealon, III, Esquire MR 0 6 r i ,alt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Alfred J. McClintock, Jr., Plaintiff VS. Denise A. McClintock, Defendant NO. 05-5455 CIVIL ACTION - DIVORCE COUNTER-AFFIDAVIT UNDER§ 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): 1E (a) I do not oppose the entry of a divorce decree. ? (b) I oppose the entry of a divorce decree because ?i. The parties to this action have not lived separate and apart for a period of at least two years. ?ii. The marriage is not irretrievably broken. 2. Check either (a) or (b): ?(a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning relief. 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. 0(b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: ? 07 Denise A. McClintock C? C5 C7 s- co ?-a u3 o James G. Ne Ion, III, Esquire NEALON & OVER, P.C. 101 South Duke Street York, PA 17 01 (717) 852-78 8 ALFRED J. M CLINTOCK, JR., PLAINTIFF V. DENISE A. CCLINTOCK, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5455 CIVIL DIVORCE ACTION AFFIDAVIT OF SERVICE I, James G. Nealon, III, verify that on the 21st day of October, 2005, 1 served th Defendant with a true and correct copy of the Divorce Complaint by one of th following methods: (X) Service was made by United States Postal Service, first class mail, postage repaid, certified, restricted delivery, return receipt requested to the Defenda t, on the 21st day of October, 2005. The return receipt signed by the Defenda t is attached hereto. ( ) The Defendant was personally served with a true and correct copy of the a ove pleading by hand-delivering the same to the Defendant. Personal service as made at following location and time: on the da of at I verify that the statements made in this affidavit a true and correct. I underst nd that false statements herein are made subj the r1ties of 18 Pa.C.S. . §4904 relating to unsworn falsification to aut orltl // Date: James G. Nealon, III, Esquire NEALON, GOVER & PERRY Atty. I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 ¦ Complete items 1, 2, and 3. Also complete Marrs 4 if Restricted Deliverer Is desired. ¦ Print your rwme and address on the reverse so that we can return the card to you. IN AMsc,. triis card to the back of the mailpiece, or on +,e front if apace permits. 1. A kAe Addressed to: •. e A. (`(1cC I A+oc1C j Sy l echail??sburg,p?! t`Ios? ado ft" Abbelved by ( ) C. of 1 , /70-Z /7 D. Is delivery addreen M ON. from item 1? Yes n YES, enter delivery addresa below: 13 No R ell 3. Service -Ivm [r?<ertiried Mali ? Evrbns Mail 0 Registered 0 %tu n Receipt for MeiciwOft ? Insured mail 0 C.O.D. 4. Rsstriatsd Ds1wry? 4EYft FW U-va 2. ArticleNumbsr 7004 2510 0007 6455 0743 f>'fraralirr Aoer? arv?ar ? .?_? ? PS Form 3811, Fsbuwy 2004 Damedle PAkN. PAOS" tasaae as r rwo ?? ? ?`?Vry?'(y ?? ? 5 +? ?. ? J F y ? .,, ? ? 1 . wt. ??,: y ?'-, l? ti...? _" t/ ..r'1 ??1 ?? r? ? i F? ?' James G. Nealon, III, Esquire NEALON GOVER & PERRY 101 South Duke Street York, PA 17401 (717) 852-78$8 i nea I onAneaion-pover. com ALFRED J. MCCLINTOCK, JR., PLAINTIFF v. DENISE A. MCCLINTOCK, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5455 CIVIL DIVORCE ACTION AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on October 19, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and 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. 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: 6 ^ /7 -U ? . ALFRED J. McCLINTOCK, JR. . ?J ]a f 5..- ? 'X ? 5- co James G. Nealon, 111, Esquire NEALON GOVER & PERRY 101 South Duke Street York, PA 17401 (717) 852-7888 inealon0nealon-gover.com ALFRED J. MCCLINTOCK, JR., PLAINTIFF V. DENISE A. MCCLINTOCK, DEFENDANT IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5455 CIVIL DIVORCE ACTION WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER F4 3301(c) AND $ 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of 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. § 4904 relating to unsworn falsification to authorities. DATE' ? ?,o 7 A j A AJ` ,* 9. AL RED J. McCLINTOCK, JR. c o 11°? r c rn -TI Fem. aup :? ? J rra r ? c.n CO James G. Nealon, III, Esquire NEALON GOVER & PERRY 101 South Duke Street York, PA 17401 (717) 852-7888 Anealon nealon-aover.com ALFRED J. MCCLINTOCK, JR., PLAINTIFF v. DENISE A. MCCLINTOCK, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5455 CIVIL DIVORCE ACTION AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on October 19, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and 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. 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: 21 / 0 7 ?? D NISE A. MCCLINTOCK, Defendant O t_ nit V f C7% t °y Cj ? jj , ;Z 1, c- n Wy James G. Nealon, III, Esquire NEALON GOVER & PERRY 101 South Duke Street York, PA 17401 (717) 852-7888 inealon0nealon-aover.com ALFRED J. MCCLINTOCK, JR., PLAINTIFF v. DENISE A. MCCLINTOCK, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5455 CIVIL DIVORCE ACTION WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER G 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of 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. § 4904 relating to unsworn falsification to authorities. DATE: G?/2110 7 le LVa: ? C t? ce p ' C`f4 D NISE A. MCCLINTOCK, Plaintiff c? Pi S `• ? t ? W •5 f ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALFRED J. McCLINTOCK, JR., Plaintiff vs. DENISE A. McCLINTOCK, Defendant : DOCKET No. 05 - 5455 Civil Term Civil Action - In Divorce Previously Assigned: Hess (Support) STIPULATION REGARDING PROPERTY SETTLEMENT This stipulation regarding property settlement and other rights and responsibilities ancillary to the separation of the above-referenced parties ("Agreement") is made between Denise A. McClintock ("Wife") currently residing in Cumberland County, Pennsylvania, at 222 East Main Street, Shiremanstown, PA 17011, and Alfred J. McClintock, Jr., ("Husband") currently residing in York County, Pennsylvania, at 191 Silver Spur Drive, York, PA. Husband and Wife are collectively referred to as the "Parties." RECITALS 1. Consideration. The consideration for this Agreement is the mutual benefit to be obtained by both Parties and the covenants and agreements of each to the other. 2. Agreement Voluntary and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she, respectively: a. Has been represented by counsel of his or her own choosing throughout the negotiation and execution of this agreement. I P b. Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of the Parties. C. Enters into this Agreement voluntarily after receiving the advice of counsel, including the opportunity to delay execution of this Agreement for the express purpose of consulting with independent legal counsel. d. Has given careful and mature thought to the making of this Agreement. e. Has carefully read each provision of this Agreement. f. Fully and completely understands each provision of this Agreement, both as to subject matter and legal effect. 3. Agreement Prepared Jointly by Both Parties. This Agreement has been prepared by the joint efforts of the Parties, with initial drafting being prepared by counsel for Wife, Matthew J. Eshelman, Esquire; and revisions and corrections being propounded by counsel for Husband, James G. Nealon, 111, Esquire. Each of the Parties has been given the opportunity to question, discuss, and amend the provisions and wording of this Agreement, and represent that the Agreement has been jointly prepared by them. 4. Finality of Agreement. The parties agree to submit this Agreement to the Court of Common Pleas of Cumberland County, Pennsylvania as a stipulation resolving all pending and future claims under the above-captioned action. The Parties intend to be legally bound by the provisions of this Agreement, and desire that it be incorporated into the final divorce decree. The Parties intend and understand that the provisions contained in this Agreement may be enforced in the manner of a divorce decree as well as under the law governing contracts. The parties further agree and intend that the provisions contained in this Agreement that settle their rights and 2 W p, responsibilities regarding property, including retirement and similar rights, and support, including alimony and similar rights, are final and cannot be modified other than by subsequent agreement of the Parties. 5. Dates of Marriage and of Separation. The Parties were married on June 24, 1989, at Mechanicsburg, Pennsylvania, and ever since that date have been, and are now, husband and wife. The Parties separated, for the purposes of ascertaining the marital portion of the marital estate, on March 3, 2005. 6. Children of Parties. There are no minor or unemancipated children of the parties. 7. Separation of Parties and Divorce Action. The Parties agree that grounds for their divorce from marriage currently exist, and they are currently living separate and apart. A complaint for the divorce of the Parties has been or shortly will be filed in the Court of Common Pleas, Cumberland County, Pennsylvania, and this Agreement is intended to resolve the divorce, dissolution of marriage, and all rights and responsibilities of the parties ancillary thereto. PURPOSES OF AGREEMENT AND EFFECTIVE DATE 8. Settlement of Property. It is the purpose and intent of this Agreement to settle forever and completely the interests and obligations of the Parties in all marital property as between themselves, their heirs, and assigns. The Parties have attempted to divide their marital property in a manner that conforms to a just and fair standard, with due regard to the rights of each party. The division is made in consideration of the following facts and circumstances of the Parties' situation with respect to the criteria enumerated in Section 3502 of the Divorce Code. 3 9. Effective Date. Upon the execution of this Agreement by both of the parties, the Agreement shall become effective as of May 31, 2007. 10. Effect of Reconciliation. If after the execution of this Agreement byh both of the Parties, whether before or after the divorce of the Parties is final, they should reconcile and resume cohabitation, regardless of whether they subsequently remarry each other, this Agreement shall remain in full force and effect. DISCLOSURES 11. Warranty of Full Disclosure. Each party represents and warrants that he or she has made a full, truthful, accurate, and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject ("Assets"). Each party further represents that he or she has made a full and fair disclosure to the other of all debts and obligations of any nature for which he or she is currently liable or may become liable ("Debts"). Each party further represents and warrants that he or she has not made any gift or transfer for inadequate consideration of marital property without the prior consent of the other subsequent to the date of marriage of the parties. No representation or warranty by either party in this Agreement or in any writing furnished pursuant to this Agreement contains any untrue statement of a material fact, or omits any material fact required to make the statement not misleading. The Parties jointly represent that they have disclosed all of their Assets and Debts to each other and to their counsel as part and parcel of the preparation of this Agreement. 12. Access to Tax Returns. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns filed by or on behalf of either or both Parties during the marriage. 4 13. Tax Return Filings. The Parties each represent that all federal, state and local tax returns required to be filed by the Parties have been filed, and all federal, state, and local taxes required to be paid with respect to the periods covered by the returns have been paid. Neither party has been delinquent in the payment of any tax, assessment, or governmental charge. Neither party has had any tax deficiency proposed or assessed against him or her, and neither party has executed any waiver of the statute of limitations on the assessment or collection of any tax. 14. Litigation. There are no actions or proceedings pending against either party or involving any marital property at law or in equity, or before any federal, state, municipal or other governmental body. Neither party is aware of any facts that might result in any action, suit, or proceeding against either party or against any marital property. Neither party is in default with respect to any order or decree of any court or any governmental body, and no marital property is liable for the payment of any obligation by order or decree of any court or governmental body. CONFIRMATION OF SEPARATE PROPERTY AND SEPARATE DEBTS 15. Husband's Separate Property. The Parties confirm that the following property is, at all times during marriage was, and shall after divorce remain, the separate property of Husband, with specifics of equitable distribution set forth in this Agreement: all items of personal property presently in Husband's possession. The parties further confirm that any income from, and increase in value in, this separate property that accrued during the marriage were solely due to reasons wholly independent from any contribution made by Wife or from Wife's share of marital property, and that this income and appreciation in value is the separate property of Husband. 5 I y 16. Wife's Separate Property. The Parties confirm that the following property is, at all times during marriage was, and shall after divorce remain, the separate property of Wife, with specifics of equitable distribution set forth in this Agreement: all items of personal property presently in Wife's possession. The parties further confirm that any income from, and increases in value in, this separate property that accrued during marriage were solely due to reasons wholly independent from any contribution made by Husband or from Husband's share of marital property, and that this income and appreciation in value is the separate property of Wife. 17. Release of Interest in Separate Property. Except as set forth in this Agreement, each party releases forever any claim to or interest in the separate property of the other as set forth in this Agreement, whether the interest might arise incident to the marital relationship or otherwise. 18. Separate Debts of Husband. The Parties confirm that the following debts and obligations are, at all times during marriage were, and after divorce shall remain, the separate debts of Husband: any balance of the mortgage loan from Wells Fargo Mortgage Company secured by the marital residence, any balance of the home equity loan from HSBC secured by the marital residence, the CitiFinancial personal loan, the outstanding invoice of Surf Pools, Inc., and the vehicle loan secured by Husband's motor vehicle. 19. Separate Debts of Wife. The Parties confirm that the following debts and obligations are, at all times during marriage were, and after divorce shall remain, the separate debts of Wife: None. Wife has filed for protection under Chapter 7 of the United States Bankruptcy Code and it is expected that all debts and obligations incurred subsequent to the date of marriage through and including the date of the petition of August 24, 2006, whether solely in her name or incurred jointly with Husband, are or have been discharged under 11 U.S.C. § 727. 6 20. Indemnity for Separate Debts. Each party agrees to pay his or her separate debts as set forth in this Agreement. Each agrees to hold the other harmless from any and all liability on account of these separate debts and obligations. If any claim, action, or proceeding seeking to hold the other party liable on account of these debts and obligations is instituted, the responsible party will at his or her sole expense defend the other party, and indemnify the other party against any loss that he or she incurs as a result of the claim, action, or proceeding. 21. Release of Interest in After-acquired Property. All property, income, earnings, and assets acquired by either party subsequent to the effective date of this Agreement shall be the separate property of the owner-party, and each party specifically releases any interest in any such separate property of the other. 22. Exemption From Equitable Distribution. Except as set forth above regarding any appreciation in value of separate property during marriage, the Parties acknowledge that the existence of and value of all separate property and the existence of and amount of all separate debts as set forth in this Agreement, were not considered in determining the division of the marital property of the Parties or the allocation of the joint debts of the Parties as in this Agreement. DIVISION OF MARITAL PROPERTY 23. Personal Property. Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property; and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do 7 hereby specifically waive, release, renounce and forever abandon any claims which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. 24. Motor Vehicles. With respect to the motor vehicles owned by one or both of the parties, they agree as follows: a. Each party shall retain sole and exclusive ownership of the motor vehicles presently titled in their individual name and any jointly titled motor vehicles in their physical possession as of the effective date of this Agreement. b. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on distribution date. Any costs of transfer shall be borne by the transferee. C. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the document(s) of title is(are) in the hands of such bank and/or lienholder. d. Wife specifically agrees that the 2000 GMC Pick-Up Truck shall be the separate property of Husband and agrees to execute any document necessary to effectuate a transfer of title of the vehicle from joint names into Husband's individual name upon presentation of the same, including an Affidavit of Gift if so requested. Husband agrees to take such steps as are necessary to procure documents necessary to transfer title and to record same with the PennDoT to effectuate the transfer of the vehicle out of joint name with Wife. 8 . } 25. Bank Accounts. The parties hereby agree that all of the funds contained in the joint marital account have already been divided and apportioned as between the Parties; however, certain direct deposit of Husband have been placed into the account after the date of separation. The parties have each opened separate checking and savings account with different financial institutions. 26. Retirement Benefits-Waiver of any claim to the Retirement Benefit(s) of the other Spouse. Husband and Wife hereby specifically release and waive any and all interest, claim or right that he or she may have to any and all retirement benefits (including pension or profit sharing benefits) or other similar benefits of the other party. The parties further acknowledge and 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 Paragraph. 27. Sale Of Real Estate--Division of Proceeds. With respect to their jointly owned real estate, situate at Terrace Road, Mechanicsburg, Pennsylvania, the parties agree as follows: a. The said premises shall forthwith be listed for sale at a price acceptable to both parties provided that, in the event that the parties are unable to agree upon a price, then the property shall be listed at a price determined by a licensed real estate broker who shall be selected by both parties. b. Upon the sale of the premises, the net proceeds (defined as the gross proceeds less all expenses, fees and taxes incurred in connection with the said sale and at the settlement) shall be paid to Husband. It is, however, the expectation that the liquidation of the real estate must and will take place by process known as "short sale" whereby there will be no distribution out to the parties even at the maximum possible sale price. Wife intends and expects to discharge any obligation to any third party in connection with the marital 9 residence under her bankruptcy petition. Husband shall indemnify and hold Wife harmless for any claim arising out of the short sale of, or in connection with, the marital residence. 28. Separate Assets. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. This release, however, is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim which he or she may have in assets which have not been disclosed. 29. Separate Assets. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. 30. Separate Assets. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 10 31. Consideration of Equitable Distribution in Future Hearings. The parties specifically acknowledge their intent that all transfers of property, including any increase in value of these assets, shall be excluded from income and shall not be given any consideration whatsoever in any proceeding involving the payment of child support, spousal support, alimony pendente lite, maintenance or alimony. The parties acknowledge that the distributions under this Paragraph are for equitable distribution of assets and that utilizing these assets or any increase in value of these assets in any manner in the calculation of income is inappropriate. 32. After-Acquired Property. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 33. Assumption of Encumbrances and Indemnity. Except as otherwise expressly agreed herein, each party assumes all encumbrances and liens on all of the property transferred to him or her pursuant to this Agreement as specified below. Each party agrees to indemnify and hold the other party harmless from any claim or liability that the other party may incur because of any encumbrances or liens. If any claim, action, or proceeding seeking to hold the other party liable on account of any such lien or encumbrance is instituted, the responsible party will at his or her sole expense defend the other party, and indemnify the other party against any loss that he or she incurs as a result of the claim, action, or proceeding. 34. Property Insurance. All policies of insurance presently insuring property transferred pursuant to this Agreement are assigned to the party receiving the 11 Property, and payment of the insurance premiums from the date of separation on shall be the sole responsibility of the party to whom the insurance is assigned. PAYMENT OF DEBTS AND OBLIGATIONS 35. Joint Debts. Each party represents and agrees that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. Except as may be otherwise expressly provided herein, the parties agree that all joint credit and/or charge accounts shall be terminated immediately, and that no charges shall be incurred by either party against any joint account from the date of execution hereof. 36. Subsequent Debts. Each party agrees to pay and to hold the other party harmless from any and all personal debts and obligations incurred by him or her from the effective date of this Agreement. If any claim, action, or proceeding seeking to hold the other party liable on account of any future debt or obligation is instituted, the responsible party will at his or her sole expense defend the other party against it, and indemnify the other party against any loss that he or she incurs as a result of the claim, action, or proceeding. SPOUSAL SUPPORT 37. Purpose and Intent of Agreement. It is the mutual desire of the Parties that Husband shall provide a continuing measure of support for Wife. The amount is based on the duration of the marriage, the needs of Wife, and the ability of Husband to pay. 12 f 38. Qualifying Nature of Payments. The support payments provided for in this Agreement are intended by both Parties to qualify as "alimony" as that term is defined in Section 71(a) of the Internal Revenue Code and are intended to be includable in the gross income of Wife under Internal Revenue Code Section 71(a) and deductible by Husband underlnternal Revenue Code Section 215 . The parties further acknowledge that this Agreement is the basis of the right of Wife to receive payments for support and maintenance. The Parties intend this Agreement to be qualified as a separation instrument as defined in Internal Revenue Code Section 71(b)(2) . 39. Periodic Payments. Husband shall pay directly to Wife the sum of $500.00 on the 1St day of each succeeding month, for 24 months, commencing July 1, 2007, and extending through and including June 1, 2009. Wife shall withdraw her complaint with the Domestic Relations Section, and Husband shall receive credit for any payments withheld from his pay subsequent to May 31, 2007, as a result of any Domestic Relations action toward the periodic payments referenced above. 40. Nontransferability of Obligation. The obligation to make support payments provided for in this Agreement may not be assigned or transferred by Husband. 41. Termination of Obligation on Death or Remarriage. Husband shall not be liable to make any support payment, whether in cash or otherwise, for any period after the remarriage, cohabitation, or death of Wife, as those terms are interpreted under the Pennsylvania Divorce Code. Otherwise, the obligation of Husband to make support payments shall terminate immediately on his death, and in no event shall the obligation to make support payments be a charge against the estate of Husband, except to the extent of any amounts due but unpaid as of the date of death. 13 PAYMENT OF TAXES 42. Tax Deficiencies and Refunds for Prior Years. It is agreed that the Parties shall be jointly and equally liable for any and all deficiencies in state and federal income taxes, including penalties and interest, related to the joint income tax returns of the parties for all years prior to 2007, and shall equally share any refund due to the Parties for those years. The Parties shall jointly and equally pay any and all costs of defending the Parties against any asserted deficiencies, or of prosecuting any refund claim. The Parties agree to cooperate fully in filing any and all necessary pleadings and documents, including protests, petitions, refund claims, and powers of attorney. Either party may advance payment for taxes, penalties, interest, or costs to defend or prosecute and, in turn, seek reimbursement from the other party for that party's one-half share. 43. Tax Returns for Year of Divorce. Each party shall file a separate return for the year 2007 and shall be solely responsible for the payment of his or her own taxes as reflected by the tax returns. The Parties agree to continue to make all books, records, tax returns, journals, ledgers, and any other bookkeeping or financial information of any nature available to the other at any time after the judgment of divorce. Each party shall be allowed to consult with the accountants or tax counsel of the other for the purpose of gathering any information necessary for the preparation and filing of any tax return. The Parties each agree that, to the extent permitted by law, all deductions and tax credits for 2007 that accrued during the existence of the marriage shall be divided equally between them on their state and federal income tax returns. FEES AND COSTS 44. Attorneys' Fees and Other Costs. Each party agrees to accept responsibility for their own attorneys' fees and associated costs of litigation, with 14 Husband presently represented by Nealon & Gover, PC, and Wife presently represented by the Law Office of Matthew J. Eshelman, Esquire. 45. Limitation of Parties' Liabilities. Except as provided in elsewhere herein, neither party shall be liable to the other for any costs or fees incurred by either in connection with the negotiation, preparation, and execution of this Agreement and in connection with any action initiated by either party for the purpose of obtaining a decree of divorce of the parties. GENERAL PROVISIONS 46. Release of All Claims. Except as specifically set forth in this Agreement, each party to this Agreement releases the other from all claims, liabilities, debts, obligations, and causes of action that have been incurred during the marriage between the Parties. 47. General Duty to Indemnify. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than those described in this Agreement, on which the other party is or may be liable. Each party covenants that if any claim, action, or proceeding is initiated seeking to hold the other party liable for any debt, obligation, liability, act, or omission related to the marriage of the Parties for which that party is responsible under the terms of this Agreement, the responsible party will, at his or her sole expense, defend the other against the claim or action. In addition, each party covenants that he or she will indemnify and hold harmless the other party with respect to all damages resulting from the proceeding. 15 48. Damages. Damages, as used in this Agreement, shall include any loss, cost, or other liability without limitation that results from the prosecution of any claim, action, or demand. Damages shall also include reasonable attorneys' fees and other expenses incurred in the investigation or in the attempt to avoid the litigation or in enforcing any indemnity. In addition, the damages must result from any inaccurate representation made by or on behalf of either party to the other in or pursuant to this Agreement, or from a breach of any of the covenants, promises, or obligations made by or incurred by either party in or pursuant to this Agreement. Each party agrees to give the other prompt written notice of any demand, claim, or litigation that is threatened or instituted against him or her and that might constitute the basis of a claim for indemnity pursuant to the terms of this Paragraph. 49. Right to Live Separately and Free from Interference. The Parties shall live separate and apart from each other, and neither party shall interfere with the other party in any respect. Each party may carry on and engage in any employment or other activity as he or she may deem desirable for his or her sole use and benefit. Neither party shall interfere with the use, ownership, or disposition of any property now owned or subsequently acquired by the other. 50. Acts Prior to Entry of Divorce Decree. Each party agrees that from the date of this Agreement through the date of entry of the Divorce Decree neither will dispose of any marital property other than in the ordinary course of business, without the written consent of the other. Neither party shall enter into any transaction or perform any act that would constitute a breach of the representations, warranties, or promises contained in this Agreement. Each party will afford to the other or to his or her representative, reasonable access, during normal business hours, to the books and records of all marital property, and will cooperate in their examination. No examination, however, shall constitute a waiver or relinquishment by either party of the right to rely on the covenants, representations, and warranties of the other as provided in this 16 Agreement. Each party agrees to hold in confidence all information so obtained, and any document or instrument obtained pursuant to this Paragraph shall be held on an express trust for and on behalf of the other. 51. Nature and Survival of Representations and Warranties. All statements of fact contained in any document delivered by either party to the other for information or reliance pursuant to this Agreement shall be considered representations and warranties under this Agreement. All representations and warranties of the Parties shall survive the entry of the Divorce Decree. 52. Records of Marital Property. For a period of seven years following the date of entry of the divorce decree, the books of account and records of all marital property pertaining to all periods during the marriage and prior to the date of entry of the divorce decree shall be available for reasonable inspection by either party or their representative for use in connection with any lawful purpose. 53. Waiver of Rights to Other Party's Estate. Each party waives any and all of the following rights: a. To inherit any part of the estate of the other at his or her death. b. To receive property from the estate of the other by bequest or devise, except under a will or codicil dated subsequent to the effective date of this Agreement. C. To act as a personal representative of the estate of the other on intestacy. d. To act as an executor under the will of the other, unless nominated by a will or codicil dated subsequent to the effective date of this Agreement. 17 54. Manner of Payments and Notice. All payments and notices provided for in this Agreement shall be considered properly and timely made if deposited in the United States mail in an envelope bearing adequate postage and addressed to the recipient at the address specified in this Agreement, or at any other address that may be designated in writing, on or before the date provided for in this Agreement. 55. Execution of Other Documents. Each of the Parties shall on demand execute and deliver any document and do any act that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorneys' fees, costs, and other expenses reasonably incurred as a result of the failure. 56. Entire Agreement. This agreement supersedes any and all other agreements between the Parties, either oral or written, that relate to the rights and liabilities arising out of the marriage. This Agreement constitutes the entire agreement of the Parties. 57. Partial Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect without being impaired or invalidated. 58. Waiver of Breach. The waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any other provision of this Agreement or of any subsequent breach of the same provision. 18 59. Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both Parties, except for the provisions governing child support and child custody and visitation rights, which may be amended or modified by court order on application of one of the Parties if the court deems amendment or modification to be in the best interests of the child. 60. Successors and Assigns. This Agreement, except as it otherwise expressly provides, shall be binding on and shall inure to the benefit of the legatees, devisees, heirs, executors, administrators, assigns, and successors in interest of the Parties. 61. Law Governing Agreement. This Agreement shall be governed by, and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. Date: 4,11510 -7 Date: all t?7 By: c /P c o-? TO _SX4'V-S Denise A. McClintock, Wife Alfred J. McClintock, Jr.,, Husband 19 ? o ?. ...J ??? F t 5"' ?- ? -?, ?? k 'tom; ^ .. ?.-'? ?~ ? ? ?''f` 3? ?. `?i :?: ? " t +. (! y ff 1. 6? tf. ? .-f ?? . ? . - ?.. ..n-t ? ..zy t ""? C? , „? ?, ?, •? ..4,. James G. Nealon, III, Esquire NEALON & GOVER, P.C. ' 101 South Duke Street York, PA 17401 (717) 852-7888 inealonOngplawfi rm.com ALFRED J. MCCLINTOCK, JR., PLAINTIFF V. DENISE A. MCCLINTOCK, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5455 CIVIL DIVORCE ACTION PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified Mail, Return Receipt Requested, Restricted Delivery on October 21, 2005. See Affidavit of Service filed with the Court on June 26, 2007. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: June 19, 2007; by Defendant: June 21, 2007. 4. Related claims pending: All claims resolved by Marital Settlement Agreement executed by the parties on June 15, 2007. 5. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: June 26, 2007. Date defendant's Waiver of Notice was filed with the Prothonotary: June 26, 2007. Respectfully submitted, NEALON, GOVER & PERRY By: I ? e //- Z Ja G. Negfoy, III, Esquire ey for the laintiff orney I.D. #46457 101 South Duke Street York, PA 17403 (717) 852-7888 ;v w? r F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ALFRED j-McEEINT-^c;dR. No. I5-5465 VERSUS DECREE IN DIVORCE AND NOW, 2nd, IT IS ORDERED AND DECREED THAT Alfred J. McClintock. Jr. , PLAINTIFF, AND Denise A. McClintock ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; It is further ordered and decreed, pursuant to Pennsylvania Divorce Code, Section 23 Pa. C.S.A § 3101 et. Seq. And Pa.R.C.P. 1920.1 et. Seq., that the terms and conditions of a certain Agreement made between the parties dated June 15, 2007, attached hereto and made a part hereof, and in accordance with said Agreement, shall be incorporated into the Decree of Divorce entered by the Court of Common Pleas of Cumberland aunty Pennsylvania BY THE,/COURT: A ESIT: J. ?- PROTHONOTARY ?y pr°n' 4w' ?r"J <OhZ'/- t o?4e".