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Home My WebLink About02-1559DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARLENE R. SOUDERS, Plaintiff V. FREDERICK A. SOUDERS, Defendant : : NO. : : CIVIL ACTION - LAW : DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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, PA 17013 (717) 249-3166 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARLENE R. SOUDERS, Plaintiff V. FREDERICK A. SOUDERS, Defendant : CIVIL ACTION - LAW : DIVORCE COMPLAINT AND NOW, this __ day of , 2002, comes the Plaintiff, MARLENE R. SOUDERS, by her attorney, DIANE G. RADCLIFF, ESQUIRE, and files this Complaint in Divorce of which the following is a statement: COU~T I: DIVORCe. 1. The Plaintiff is Marlene R. Souders, an adult individual residing at 1101 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Frederick A. Souders, an adult individual residing at 6 Village Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff and/or Defendant have been bona fide residents of the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 22, 1981 at New Kingston, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. -2- DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 7 o 8 o The Defendant is not a member of the Armed Services of the United States or any of its Allies. The Plaintiff avers that the grounds on which the action is based are: a. That the marriage is irretrievably broken; Or in the alternative, b. That the parties are now living separate and apart, and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT II: EOUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 are incorporated by reference hereto as fully as though the same were set forth at length. 10. Plaintiff and Defendant have acquired property and debts, both real and personal, during their marriage from June 22, 1981 until November 24, 2001, the date of separation, all of which is "marital property". 11. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the -3- DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 filing of this Complaint. W~ERgFORg, Plaintiff requests this Honorable Court equitably divide all marital property and debts of the parties. Respectfully submitted, DIAN~.~R~CL~FF, ESQUIRE| ~3-4-48 Trin~lek-~ad ~ ~ PA 17011 Supreme Court ID #32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff -4- to DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 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. Section 4904, relating to unsworn falsification to authorities. MARLENE R. SOUDERS -5- // IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARLENE R. SOI/DERS, Plaintiff Vo FREDERICK A. SOUDERS, Defendant : NO. 02-1559 CIVIL TERM : CIVIL ACTION - 1.4~.W : DIVORCE INCOME AND EXPENSE STATEMENT OF MARLENE R. SOUDERS I verify that the facts set forth in the following Income and Expenses Form, including all attachments thereto, are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. DATE: MARLENE R. SOUDERS - I Marlene Souders/Income & Expense/4.8.02 PART I. INCOME A. EMPLOYMENT INFORMATION.' EMPLOYER: KMART ADDRESS: 3100 WEST BIG BEAVER, TROY MICHIGAN 48084-3163 POSITION: SALES CLERK PAYROLL NUMBER: 81000182288 PAY PERIOD: BIWEEKLY B. EMPLOYMENT INCOME: (BASED ON BIWEEKLY AVERAGE FROM 12/20-3/13 (6 PAY PERIODS) DESCRIPTION ACTUAL SUPPORT GUIDELINES GROSS PAY PER PAY PERIOD 1020.67 1,020.67 ITEHIZED DEDUCTIONS FICA AND MEDICARE (61.17) (61.17) FEDERAL TAxX (98.52) (98.52) STATE TAX (27.63) (27.63) LOCAL TAX (10.21) (10.21) MANDATORY RETIREMENT UNION DUES VOLUNTARY RETIREMENT 401K (61.25) HEALTH INSURANCE (30.92 ) MISC. DEDUCTION (Specify): (20.00) Additional Federal Tax MISC. DEDUCTION (specify): (3.17) Dental Insurance NET PAY PER PAY PERIOD 707.80 823.14 NET PAY PER MONTH $1,533.57 $1,783.47 - 2 CALCULATION OF INCOME FROM EMPLOYMENT BASED ON YTD FIGURES FROM 12/20-3/13 (6 PAY PERIODS BASED ON BIWEEKLY PAY DESCRIPTION YTD FACTOR BIWEEKLY WEEKLY MONTHLY YEARLY GROSS 6,124.00 6.00 1,020.67 510.33 2,211.44 26,537.33 FEDERAL TAX (591.14) 6.00 (98.52) (49.26) (213.47) (2,561.61) FICA (367.04) 6.00 (61.17) (30.59) (132.54) (1,590.51) MEDICARE 0.00 6.00 0.00 0.00 0.00 0.00 STATE (165.76) 6.00 (27.63) (13.81) (59.86) (718.29) LOCAL (61.25) 6.00 (10.21) {5.10) (22.12) (265.42) UNION DUES 0.00 3.00 0.00 0.00 0.00 0.00 MANDATORY 0.00 6.00 0.00 0.00 0.00 0.00 RETIREMENT NET TOTAL 4,938.81 6.00 823.14 411.57 1,783.46 21,401.51 - 3 C. OTHER INCOME: INTEREST DIVIDENDS PENSIONS ANNUITIES SOCIAL SECURITY 'RENTS ROYALTIES EXPENSE ACCOUNT GIFTS UNEMPLOYMENT COMPENSATION WORKMAN'S COMPENSATION INCOME TAX REFUNDS 46.50 SUPPORT OR ALIMONY COMMISSIONS TIPS OTHER SPECIFY: TOTAL OTHER INCOME $46.50 $0.00 - 4 PART II. EXPENSES DESCRIPTION WEEKLY AMOUNT MONTHLY ANNUAL AMOUNT AMOUNT Rent $0.00 $0.00 First Mortgage $157.97 $684.55 $8,214.60 Second Mortgage/Home $0.00 $0.00 Equity Loan Maintenance And Repairs $4.81 $20.83 $249.96 [inside] Electric $23.08 $100.00 $1,200.00 Gas $0.00 $0.00 Oil $0.00 $0.00 Telephone $5.77 $25.00 $300.00 Water $3.46 $15.00 $180.00 Sewer $7.69 $33.33 $399.96 Trash/Association Fee $22.38 $97.00 $1,164.00 [includes outside repairs] Public Transportation $0.00 $0.00 Lunches $0.00 $0.00 Other Employment Expenses $0.00 $0.00 Specify: Real Estate Taxes $0.00 $0.00 Personal Property Taxes $0.00 $0.00 Income Taxes Not Withheld $0.00 $0.00 DESCRIPTION WEEKLY AMOUNT MONTHLY ANNUAL AMOUNT AMOUNT $5.54 $24.00 $288.00 Per Capita/Occupation Taxes Homeowners Insurance Automobile Insurance Life Insurance Accident Insurance Health Insurance Other Insurance Specify: $1.96 $8.50 $102.00 $8.34 $36.16 $433.92 $9.63 $41.75 $501.00 $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo Payments Fuel Maintenance And Repair License And Registration $o.oo $o.oo $6.92 $30.00 $360.00 $6.73 $29.17 $350.04 $0.69 $3.00 $36.00 Doctor Optical Dental Orthodontic Hospital Medicine Special Needs/Therapy Etc. Specify: $0.00 $0.00 $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $0.00 $0.00 DESCRIPTION WEEKLY AMOUNT MONTHLY AMOUNT ANNUAL AMOUNT Private School $0.00 $0.00 Parochial School $0.00 $0.00 College/Vocational $0.00 $0.00 $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo Religious Training or Education Books/Fees And Supplies Other Educational Expenses Clothing Food $5.77 $25.00 $300.00 $69.23 $300.00 Barber And Hair Dresser $1.54 Memberships $0.00 Other Personal Expenses $0.00 Specify: $3,600.00 $6.67 $80.04 $0.00 $o.oo Capital One 3,800.00 $17.31 $o.oo $75.00 $900.00 $0 00 - 7 DESCRIPTION WEEKLY AMOUNT MONTHLY ANNUAL AMOUNT AMOUNT Household Help $0.00 $0.00 Child Care $0.00 $0.00 Newspapers/Magazines/Books $1.35 $5.83 $69.96 Entertainment $0.00 $0.00 Pay TV $0.00 $0.00 Vacations $0.00 $0.00 Gifts $19.23 $83.33 $999.96 Legal Fees $38.46 $166.67 $2,000.04 Charitable Contributions $1.44 $6.25 $75.00 Other Child Support (not $0.00 $0.00 the subject of this action) Other Spousal Support or $0.00 $0.00 Alimony (not the subject of this action) $0.00 $0.00 TOTAL EXPENSES $419.32 $1,817.04 $21,804.48 PART III. PROPERTY OWNED TYPE DESCRIPTION VALUE H W JT Checking M&T Bank 620.00 X Savings M&T Bank (Christmas Club) 650.00 X Credit Union Stocks/bonds ~Real Estate 1101 Nanroc Drive, 83,000.00 X Mechanicsburg, PA Other PART IV. INSURANCE TYPE COMPANY POLICY NO. H W C Hospital/Blue Cross Medical/Blue Shield Health Accident Disability Income Dental Vision Other-Specify Geisinger HMO 10000474801 X *H=Husband; W=Wife; J=Joint; C=Child (a) (b) (c) (d) (e) (f) PART V. SUPPLEMENTAL INCOME STATEMENT [X] CHECK HERE IF NOT APPLICABLE This form is to be filled out by a person: (1) Who operates a business or practices a profession, or (2) Who is a member of a partnership or joint venture, or (3) Who is a shareholder in and is salaried by a closed corporation or similar entity. Attach to this statement a copy of the following documents partnership, joint venture, business, profession, corporation or (check block to indicate the document is attached): (1) The most recent Federal Income Tax Return. [ ] attached (2) The most recent Profit and Loss Statement. [ ] attached Name of Business: Business Address: Business Telephone: Nature of Business (check one) [ ] 1. Sole Proprietorship [ ] 2. Partnership [ ] 3. Joint Venture [ ] 4. Professional [ ] 5. Corporation [ ] 6. Other Name of accountant, controller or other person in charge of financial records: 1. Annual income from business: 2. How often is income received: 3. Gross income per pay period 4. Net income per pay period 5. Specify deductions, if any: relating to the similar entity Form '1 040 Label (See instructions on page 19.) Use the IRS label. Department ofthe Treasuu- Intemal Revenue Service 2@01 U.S. Individual Income Tax Return HARLENE R SOUDERS 1101 NANROC DRIVE MECHANICSBURG, PA 17055 Otherwise p ease p r nt ortype. Presidential ,2o OMB No. 1545-0974 Your social security number 170-36-3134 Spouse's social security number 200-38-1730 · Important! · You must enter your SSN(s) above. Election Campaign (See pa,qe 19A Filing Status N ote. Checking'~es"willnotchangeyeurtaxorreduceyourrefund. You Spouse I I I Single ~" ~ ~ ~ '~ ~ ~" 2 ~ Mart,ed ,hng om~urn even ~;y one h~n~ ~. 3 ~ Marriedflling~p~re~}¢~ou,~N~;;;n~ .... ~ ~FREDERICK SOUDERS 4 ~ J Head of hou~ho/a~E=woall~(~age 19.)person is a child but not your dependent ~ enterthischild'sname here. > .... 5 { I Quali~in~widow(er)withdependentchild(yearspou~died > ).{Seepa~e19.) 6a ~ Yourself. Ifyourparent(or~meoneel~)canclalmyouasadependentonhisorhertax ~ No of boxes return, do no{ check box 6a ...... ............. ~ checked o~ b ~ ~ Spouse ........... Check only one box. Exemptions If more than six dependents. see page 20. c Dependents: (2) Dependent's (3 Dependent's (4)~lqu; . relationship to child lot (1) First name Last ~ :J~ ~ so~ ~'~Securi~j umbe /~ you Add numbels r~ d Total number o f exemptions claimed entered on . Income 7 Wages. salaries, tips. etc. Attach Form(s) W- 2 ? 23,929. 8a Taxable interest Attach Schedule B if required ............... 8a FormsW-2and 9 Ordnarydvden~Atta~ ~¢ ~eB ~ured ~ /~ i~g:: '"":~ ...... ~ ....... 9 W-2G here. Taxablerefund~ed,s,~. . ;~7 ~ ~ ~ ~ . . ~ ~(~page~ ~ .~ ~ . . . 10 Alsoattach 11 Ahmonyrece~ve~: ~:~ .: ~ .~: ~ ~ ~ ~ ,~ ' ~ : .................... ' ~ ;~ . ~ ~ ; . . . 11 iftaxwas 12 Businessinco~s).A~leCorC.:~ : ~ ~ ~ ~ '~ ' withheld. 13 Capital gain or (loss). If Sch D not required, check here ........... >~ 13 14 Othergainsor(Io~s) A~achFo~4797 .............. 14 15a TotallRA distributions . Enclose, butdo 19 Unemploymentcompen~tion. ~. ~.: .. ~ ~ ...... 19 nota~ach, any 20a SociaJsecudtybenefits I ~'1 . J~ Xableamt 20b ..... e, ~' pleaseuse 21 Otherincome. Li~peandamoj ~g ~ 22 Addtheamountsinthefarri~h~ Utah for [th~ '~:~': ' ~tahncome . .~ 22 23 ~ 929 . Adjusted 33 Subtractline32fromline22.~isisyouradjusted~ross ncome .~ 33 23, 929 KBA For Disclosure, Privacy Act, and Paperwork Reduction Act Notice see page 72. Form 1040 (200'~) MARLENE R SOUDERS 170-36-3134 23 929. Fo iTr, 1040 (2001) Tax and Credits Standard Deduction for-- · Peoplewho ,_ 36 checked any ! 37 boxon Jine 35a o r 35b or who can be craimed as a 39 dependent, 40 see page 31. · AIl others: 41 42 Head Pt 44 widow(er), S7,600 48 Married 49 51 52 Other s3 Taxes 54 55 56 57 34 Amount from line 33 (adjusted gross income) ................ '35a Checktt: [] Youwere65orolder, [] B, nd [] Spousewas65oroider, []Blind Add the number of boxes checked above and enter the total here ...... · 35a b If Ye u are married filing separately and your spouse itemizes deductions, or youwere adusi- statusalJen, seepage 31 andcheckhere ........ · 35b[] Itemized deductions (from Schedule A) or your standard deduction (see lett margin) .... Subtract line 36 from ne34 ......... ~ ..... If line 34 is $99,725 or less, mulfiply $2,900 by the total number of exemptions claimed on line 6d. If line 34 isover $99,725, see the worksheet on page 32 ........... Taxable income. Subtractline38 fromline 37.1fline38ismorethan line37, enter- 0- . . . . Tax. Check if any tax is frorr Alternative n ' ' Add I[nes40and 41 ..... · Foreign tax credit. Attach Credit fc Credit for the elderly or the disabled. Attach Schedule R . Education credits. Attach Form 8863 Rate reduction credit. See the worksheet on page 36 .... Child tax credit (see page 37) ........... Adoption credit. Attach Form 8839 Other credits from: c LJ Form 8801 Ad d lines 43 through 50. Subtract line 51 from line, Se[f- err Social security Tax on qualified plans, including IRAs, & other tax- favored accounts ......... Advance earned income credit payments from Form(s) W- 2 ........... Household employment taxes. Attach Schedule H .............. ,129. 900. 229. 2 584. 2 584. 2r584. Payments IIfyouhavea qualifying child, attach Schedule EIC. Refund Direct deposit? See page 51 and fillin 68b, 68c, and 68d. Amount You Owe Third Party Designee Sign Here Joint return? See page 19~ Keep a copy for your records. Paid Preparer's Use Only KBA 58 Addlines52thmu,qh57. Thisisyourlotaltax . . 59 Federalincome taxwithhsid from FormsW- 2 and 1099 ~. 60 61a Earned il b Nontaxable f62 Excess so cJal .~ Additionalchi; 64 Amount paid with request for extension to file (see page 51) 65 Other payments. Check if from a [~ Form 2439 b~]-Form 4136 66 Add lines 59, 60, 61a~ and 62 thmu,qh 65. Total payments · 2r584. ,142. 558. 67 lfline66ismorethanline58, subtractline58fromline66. Thlsistheamountyouoverpaid . 68a Amount ofline 67 you want refunded to you · 558 I" b Roufingnumber J· cType; ~-']Checking []Savings · d Account number ~ ~ ~:~. ~.~ '9 Amount ell,ne 67 you want ~p.n!!~ 2002 est~te~ . b. ~''T 70 ~ount you owe. Subtract line.~ 58~r d~s on ho~% page 52 > 71 Estimated tax pena~W. AIso incl~n line 70 ~ ~ ~ 71 J ~o ye u want to allow another perse~Jscu, thi~ur~~ 53)7 ~ Yes. Complete the fei,owing. No Designee's Phone Persona) identification name > no. > number{PiN) > [ Your signature ~ JDate Your occupation ~ ~ime phone number For Info Only-Do not file SAL~S CLERK Spouse's signature. Ifa jo nt return both musi sign. Date ~////////////////////////~ , Spouse's occupation Preparer's~ ~ Date Checkif ~ Prepare~sSSNorP~N signature Y ~ 2/9/2002 ~f-empioyedl ~ ~00202~63 Firm'sname(or iH ~D R ~LOCK yoursJf self- employed , ~ ~-' CO EIN 23-23~4357 addreserandZIPcode FMEC~ICSBURG~ PA 17050-0000 Phoneno.(7[7) 737-071,1 PLEASE DO NOT USE YOUR LABEL 0100115021 2001 170-36-3134 SO 200-38-1730 SOUDERS MARLENE 1101 NANROC DRIVE MECHANICSBURG lA 2 5 8 11 PA- 40 I PAGE 1 OF 2 PA 17055 25511.0D.=~~' ~"' '~ ~ O~,~ 1C 25511.00 00~,~ ,<~' '~ ;~"~"~'~ ~0 ~ 4 O. O0 ~,:~.~..:~:. ~ ¥ .. ~ ~: 7 O. 00 25511.DD 12 714.00 EX 0 RS R R A 0 FS M FY 0 XX SC 21650 PN 717 766-8071 PLEASE FOLD PAGE ALONG THIS LINE R NR P From: To: Local Intormation. Enter where you lived as of 12/31/2001 Extension, (Mark This Space) SchooIDistrict' HECHANICSBURG AREA~.i~~ ~% $~ ~ ~ ~ ........... :.~!~*:~:~i~.. .~:~. ~ ~' *:~{~k j~noeo~erurn,[~arK mnms~pace) SchooiCode: 21650 ~[~?" ~ ;~ E ~* %,~iscalYearFiler,(Mark~isSpace) County: CUMBERLAND ~ ~ ~ ;~ ~ ~ Res dency S atus Markthe Correct Snace~ "-~' '~-~.~ ~*' ~*~' :*¥~ - .( ..... ......... . ....................... ¥ ,,,g,, Pennsylvania Resident J Married, Filing Jointly Nonresident M X Married, Filing Separately Pad Year Resident F Final Return. Indicate Reason: D Deceased Date of Death: . ..¥., .: ...... .. G ossCompensaton See ~mstruc~-e~ ~ A~ g~ *'~ ~ ' ~;: :~, ...... ~¢..., ¢~:~*:~' ............ ~ : .~ ~.~ '~ ..... '%~. ..... , . ..... la 25 ~ 5Z~ , O0 g~..? ~ . ' . ~ ~g ......~. ~ · · +~ , ...... lb Ne Compensa on Subtra~¢om E~'.. ¢~ ~ *~ ~¢ ' ' · '--~:~' ................. ~ ....'~,~,, ..... ~:~ ..... lc 25,5 ~ l. 00 InteresHncome. Complete and submit PA Schedule A, if over $2,500 ..................................... 2 . O0 Dividend Income. Complete and submit pA Schedule B, ifover $2,500 ................................... 3 Nel Income or Loss from the Operation ora Business, Profession, or Farm ................................. 4 .00 .00 9 10 11 12 7 8 Net Gain °r L°ss fr°m the Sale' Exchange, °r Disp°siti°n of ProPerty ..................................... 5 Net Income or Loss from Rents Roya t es Pat~i~13yr obis ~ ~?~;¢.=~.. EsaeorTrus ncome Completeandenco ' '~du ~ '~.' ' ~' · ....... ~. "' ".... .................. 7 Gambling and Lottery Winnings ........ ~ ~: ~'i.J:: :¢ Total PA Taxable Income. Add only the positive income amounts fro m Lines 1c, 2, 3, 4, 5, 6, 7, and 8. DO NOTADD any losses reported on Lines 4, 5, or 6 ............ ..................................... 9 Cent ributions To Your Medical S avinqs Account See the instructions on pa,qe .......................... 10 Adiusted PA Taxable Income. Subtract Line 10 from Line 9 ........................................... 11 PA Tax Liability. Multiply Line 11 by 2.8% (0.028). Also enter on Line 13, Page 2 .......................... 12 .00 .00 .00 .00 25,511.00 .00 25,511.00 714.00 E 0100115021 EC FC 0100115021 , I SOUDERS 13 16 19 21 24 27 30 33 36 0100215029 2001 MARLENE 714.00 14 714,00 15 0.00 17 0.00 18 0.00 20A 20B 0.00 22 0.00 23 0 00 ~5,~ ~ ~726 714'00~~ '~? '~ ~ ~ .~? 29 o oo~~ ~ PA-40 J PAGE 2 OF 2 R 170-36-3134 0.00 0.00 0.00 0.00 0.00 0,00 0.00 13 Total PA Tax Liability. Enter your PATax Liability from Line 12 on Pa,qe 1 ............................................... 13 7].4.00 14 Total PA TaxW~thheld. See the instructions ................................................... 14 714. O0 15 Credit from your 2000 PA Income Tax Return .................................................. 15 .00 16 2001 Es mated JnstaJ ment Paymen s ~. ~, ,~:~ ~ ~,~ ~.,,..... ...... ~' ' '** '~. ...... ;~ .... ~:~ .... "~ ......... 18 .00 17 2001 ExensonPaymen ..................... C ......... · ' ~ ..... 17 . O0 18 Nonresident Tax Withheld on your pA Sch~e(s ") N~.'~S ~ ..... ~:i... 18 .00 19 Total E stimated Payments and Credits.,~_ines..l~6~, a~. ..... ' ' ~'-' ' -'"~"~ ' "~"~" ' i~ ..... ~o"' ....... 19 ,0 0 Tax Forgiveness Credit. Complete ines 2~'an~. 20a Filing Status: UnMarriedorSeparated Ma~ied Deceased ............... 20a 20b Dependents, PaK B, Line 2 PA Schedule Sp ................................................... 20b 21 Total Eligibility Income, Pa~ C, Line 11. pA Schedule Sp .......................................... 21 .00 22 Tax Forqiveness Credit from Pa~ D~ Line 16~ pA Schedule Sp ...................................... 22 . O0 23 Tota~ Credit for Taxes Paid to Other States or Countries, SubmEyour pA Schedule G or RK. 1 .............. 23 .00 24 PA Employment Incentive Payments Credit. Subm~ your pA Schedu~ W, RK. 1 or NRK. 1 ................. 24 .00 25 PAJobsCreationTaxCred[t. Sub~diflc~Schedule~lorN~E. 1 ~ =~ 25 ~0 26 PA Research and Development ~Cr cation o~he~e~;~ 1. ~ .... 26 . O0 27 Total Payment s and Credits. A~nes 1~ and 2~ugh 26 ;~% 28 TAX DUE. I[Line 13ismore thad~e 27,~ differ~here ~ "~ ..... ~" ' ~' .... ~ 714. O0 . Line 27 is ~.~=n ~ne 13~ifferenc~re ~/~,. .... =~ ...... 29 .0 0 The total of Lines 30 through 36 must equal ~ne 29. 30 Refund- Amounto~Line29youwantasacheckmaJledtoyou ............................. Refund 30 . O0 31 Credit- Amounto~Une 29youwantasacredittoyour2~2e~imatedtaxaccount ...................... 31 .00 32 Donation- AmounlofLine 29you want to donateto ~eWildResoume Conse~ation Fund .............. 32 . O0 33 Donation- Amount of Line 29you want to donate to the United States Ol~pic CommiEee .............. 33 . O0 34 Donation- Amount of Line 29 you want to donate to the Governor Robe~ p. Casey Memorial Organ and Tissue Donation Awareness Trust F~..~..;~ ...... ~ ............. 34 O0 35 Donation- Amount of Line 29you wantto donate~~a~emoria~7~='~. ~ .............. 35 00 Underpenaltiesofperjury. I (we)declarethatl (we)~ee~,i.~h;~ ........ com an in sche bestofmv(our)belieftheyaretr~e, correctta,dc~lete, ....,,,, ~.,..~;,, ;.. ~ P Y g dulesand~ateme,ts.a~dtothe SpousesSignature, i~l[ngjointly: ~O~ ~O~IO~ O~ Date: Spouse's Preparer o r Co mpany Name~ other than taxpayer(s), based on allinfo~ation ofwh ch the preparer has any knowledge. Preparer or Company Name (Plea~ Print): B AND ~ ~OC~ CO 02/09/02 (717) 737-07~4 Signature (Optional): J 01O0215029 0100215029 I WAGE STATEMENT 0101915023 SUMMARY .A sch.du,.W-2S~9-o,i 2001 Name(s) as shown first on the PA tax return: OFFICIAL USE ONLY Social Security N umber: 170-36-3134 MARLENE R SOUDERS Instructions. Do not submit your Form(s) W- 2 if using this schedule. Enter the required information from each Form W- 2, and keep your odginal forms. Important. Your PA and federal compensation may be different. Caution. Do not usa this schedule: (1) If your Form(s) W- 2 showsthat you earned income in another state - you must submit your actual Form(s) W- 2, or (2) If you believe an amount on your Form(s) W- 2 is incorrect, you must submit the actual Fo rm(s) W- 2 with a written explanation from your employer. If you have compensation from forms other than Forms W- 2 complete PA Schedule MC below. Number of Form(s) W- 2 1 If you need more space, you may copy this schedule or prepare your own schedule in this format. T/S EIN from box b . ~_!ion from ~ 96 PA tax withheld from box 17 T 38-3469157 °~g ~ ~ ~ 5,511 71, .~--..~ ~: ~ ~': ~ ~ '~ .~ Total. Add the amounts in column (c) and (d). $ 25t511 $ 714 Caution. The Depa~ment rese~es the right to request your actual W- 2 and 1099 fo~s. PA Sched ~,e MC lO9.01) MISCELLANEOUS COMPENSATION 2001 Name(s) as shown first on the PA tax return: Social Security Number: I Instructions. Wrilethenecessapjinforrrl~myou~,~!~,~low.~.,,...~...,:o~= mpor ,~You!~,~ta~ ~e~ ~bedlfferentfromyourfedemlwages EnteronlyyourPAamoun s. Caut on. ~Aa~ ~ ~corre~,~ ~a~s~ %~actu~ ~v ~nexplanation. MarriedTaxpayersFilin~Jointly:lnd~ewhe~ ~income~rthem' ~e~ ~d~ ~eF ~(~orspou~(S} WS Payer EIN or .{~:~: ::::.::.: Payer i~ !e i~ PATax Federal Taxable SSN CompeP~fin- Withheld Income .~, ............... ~ ~ I .............. TOTAL lolal column~ ~c} an~ {d~. ~ $ A. Executorfee B. Jurydutypay E. Honorarium F. Covenantnottocompete N. Other nonemployee compensation. Describe: C. Direotorfee D. Expertwitnessfee G. Damages or settlement for lost wages, other than personal injury I,, 0101915023 0101915023 Declaration Control Number (DCN) Form PA- 8453 PENNSYLVANIA INDIVIDUAL INCOME TAX 2001 DECLaRaTION FOR ELEClRONIC FILING For the year January 1 - December 31,2001 Your Social Security Number [70-36-3134 Last Name Print or Type ~OUDERS MARLENE R Ho me Address (Number and Street including Rural Route or P.O. Box) I. 101 NANROC DRIV]~ ~.~,~;~. ~:, %~ .~ City. Town. orPostOffice ,~* ~' ~ ~® ~J '~ '~:e The above information must ~ e~te o~ ~e electronic ~rn. OhecEProper [S ~ Stogie '~~~,,4~int Da*i~%elephone Number Filing Status r M ~1MarriedtFilin~Se~amte F I I Becea~dorFinal (717) 766-8071 Tax Return Info ation oledoitarsonly) Spouse's Social Security Number First Name, Initial & Spouse's First Name & Initial- Spouse's last name (only ii'different) Zip Code 17055 1. AdjustedPATaxablelncome(FormPA-40,1ine11) ....................................... 1. 25~511 [] 2. Total PA Tax Liability (Fo rm PA- 40, line 12) ............................................. 2. 714 3. TotalPATaxV~thheld(FormPA-40, itne14) ............................................ 3. 714 [] 4. Amountto be Refunded FormPA-40, ne30) ...................... 4. 0 5. AmountYouOwe, TaxDue(FormPA..4~.~)..~...~..¢~....~ ...... ~.. . 5. O ~ Direct Deposit of Refund; ~leL% ~l[~n~ ~r lw;~ ~ Due (Optional- S tTN must [] ATOW6. RoutingtransJtRumber(RTN) { ~ I~ ~ !i ~h~rrtw°"Umbers°fthel jnstruot[°ns')' throu.qh12or2, throuql$2. pF,; ~'~~1~ IIIII1' T 2 8. Type of account: [] Checking [] Savings pEG 9. Debit Date Declaration of Taxpayer (Sign onlI alter Part l isOomplete) Iconsentthatmyre 'ac )'de sdeslgnatedi tU an claret info ' onlines6 h ouah8 sco ec I have flied ajoint r nirr ointment of hers se r .nd b. ldo not want direc ~ receiving ;~ . C. lauthorize I the r :of nueandi i nlU oeec oncFundsw hd awe en ry tomyfinancialin J~ Id electron Pe ncomeTaxRe u nfo paymento my Pennsylvaniatax' i i itutionto · o 'ca ze he nanca ns tu one rtvoved n he processing of m~ eoeive co · ti oans 'inquiries ;md resolve issues related to my payment. Under levo apartment of Revenue no a e thantwobusinessdayspriortothepay ~t(settlement date. lunderstandthatnotlftcationmus bern.de nw ngbyoneo he olowing methods: E- mailAddress:ra-achrevo ~tate.pamsor F~Telepilone Number:(717}772-4193or [717) 787- 2840. If I h ave filed a b~lance due ret urn, I und elstand th a h e PA Department of Revenue does not receive full and timely payment of my tax liability. I will remain liable for th · tax reJecliRbilJt~/d.anda app cabe nterestandpe~a es havefiledajoi~tfede~ar~ndstatetaxretureand hee sane oronmystatereturn lunderstandmyfedeta~returnwllbe I declare th at und er penalties of per ury I b ave corn a ed h e n o rna On on my · u I1 w h h · ttformatlon I h ave provid ed to ~y electronic return originator and the amounts agree with t h · alTiOtlll[ s on my 2001 PA Tax Return ~erm PA- 40~, TO th · best o! my know edge, my return is true and complete. I consent th at my return and accompanying sohedulesandstatementsbesenttothelnternalRevenueSevce{]RS)bymyeec onicreturnoriginatorandsubseq[xentl bythelRStothePADepartmentof Revenue+ If I am filing f¢om a h Dine PC, Iund erst.nd I am req uiled to keep this form and supporting documents for th tee ['3~'y ear s Sign k COPY ONLY I ,COPY ONLY Her[ [ Yoursignature Oa~ m~I~ ~usessi~iointretum, ElOTHmusts,qn Date I iiI !lDeclaration of Electronic Retut?O¥~na~ {~) an(~ii'a-PYeparer (see Instructions.) ldeclarethat Ih;~ve receivedtheabovetax~ayer's e u nandthat~, h~.~¢ ~hth rm omplete babes o my knowledge. Ihave0btainedthe ax payer'ssignatureonthisformbelolesUbmlttingth s eun o he nt ye Ihavepr ax ayerwith acc yof alllocmsandinfo¢mationtobe Tax Returns (Tax Year 2001 and requirements speci ed by he PA aRment of nu ~r penalty of per ury, I declare that r have examined the above taxpayer's ret urn an~ accompanying sch ed u es ands. e m ~,, aa nr tdrnt%ntt h°ef ~onf ~~r a~n d complete, Th is declaration is based on al, inforr~ ERO'ssignature Date Checkifalso Checkif __ ~i~ii ~ ~i { i~]::~i Firm'sname oryours ~, H .;~rD R ~T.OCK CO Only it'se ~'- amp Dyed) and address ~r 1'7050-0000 DateDaytimeTeleph°neNumbercheckif (7'1 7) 737-0'724EiN sar-amp Dyed ~ Preparer's signature Paid Preparer's Firm'sname (or yours Use Only if self- employed) and address I Daytime Telephone Number ELECTRONIC RETURN ORIGINATORS (EROs) AND TAXPAYERS FILING FROM HOME PCs KEEP THIS FORM (and the required attachments) FOR THREE YEARS. Please DO NOTmail this form. OMB No. 1545- 1758 IRS e-file Signature Authorization Form 8879 2@01 k Declaration Co ntrol Number (DCN) ~' 00-232977- -2 Taxpayer's na me Social security number 170-36-3134 MARLENEspouse,sname R. SOUDERS Spouse'ssocialsecuritynumber li~E~!ililil Tax Return Information - Tax Year Ending December 31, 2001 (Whole Dollars Only) 1 Adjustedgrossincome(Form1040,1ine33;10, ~ :) ' '-~F ..... 1 23,929 2 Totaltax(Form1040, line58;1040A, line36; ' : ' ' ...... 2 2 r 584 3 Federal income tax withheld (Form 1040, lira ; 1040A. [1~. ~ . ,. ....... 3 3~142 4 Refund (Form1040. line68a;1040A, lin.43, ~ ' ~ 4 558 6 Amountyouowe(Forml040~line70;104OA~ . . ; .... ......... ~ : ....... ~iii]i~:l Declaration and Signature Authorization of Taxpayer Under penalties of perjury, I declare that I have examined a copy of my electronic individ ual income tax return and accompanying schedules and statements for the tax year ending December 31,2001, and to the best of my knowledge and belief, Part I above are the amounts shown on the copy of my electronic income tax return. I acknowledge that applicable, Electronic FundsWithdrawal Consent included on the copy of my electronic income tax return and have selected a personalidentification number (PIN} as my signature for my electronic income tax return and, if applicable, my Electronic Funds Withdrawal Consent. ' Taxpayer's PIN: check one box only [] ,authorize HR Block toentermyPINI~ ' 12345 lasmysignature on my tax year 2001 electronically filed income tax return. E~] I will enter my PIN as my signature on mytax year 2001 electronicalh/filed income tax return. Your signafura ~- COPY ONLY Spouse's PIN: check one box only E~ lauthorize Date · 02/09/2002 on my tax year 2001 electronically filed Income tax return. [--] I will enter my PIN as my signatura on my tax year 2001 electronically filed income t~x return. las my signature Yoursignature · COPY ONLY Dat. · Practitioner PIN Pr~P~i~i;ants~continue below I~ii}~!il certification and Authentication ,,~]~-.~io~ P~,~ Prog~cipants EROs EFIN/PIN. Enter your six-digit EFIN followed by yE.'five- digit s~sem~~ 23297 700013 As a participant in the Practitioner PIN Program, I certify that the above numeric entry is my PIN, which is my signature on the tax year 2001 electronically filed income tax return for the taxpayer(s) indicated above. I confirm that I am participating in the Practitioner PiN Program in accordance with the raq uirements established for thisprogram. ERO's signature ~- Data · 02/09/2002 ERO Must Retain This Document - See Instructions Do Not Submit This Document To the IRS Unless Requested To Do So See Privacy Act and Paperwork Reduction Act Notice KBA For Privacy Act and Paperwork Reduction Act Notice, see page 2 of form. Form 8879 (2001) Form 8879- D (2001 ) FDS$79D- lV 1.0 38-346915? 23928.56 3141.83 o.oo o.oo ~ ~ ~C~C~[~I~'"~G. P*'~ 170~ 14 ~ ~ m . I ~ FOR EARNED INCOME TAX ~ I KMART CORPORATION Pay Group: U88 Business Unit: STDBU 3100 WEST BIG BEAVER Pay Begin Date: 12-20-2001 Check#: 008616818 ® TROY, MICHIGAN 48084 - 3163 Pay End Date: 01-02-2002 Check Date: 01 - 11-2002 Kmar[ Corporation TAX DATA: Federa HARLENE R SQUDERS 1101NANROC DRZVE MECHANZCSBURG PA SSN:170-36-3134 17035 Employee ID: 81000182288 Depanmen[: 04275-000 Location: 04275 Pay Rate: 12.30 PA State Marital Status: N M Allowances: 0000 0000 Addl. Pct.: O. O0 O. O0 Addl. Amt.: 20. O0 O. O0 ---- Cu~ent .......... YTD .... Descd~ion Hours Eamings Houm Eamings Descd~ion Cuffe~ YTD Regular 68.00 · 838.40 68,00 838.40 So~ Se® 71.59 71.59 ~loltday 18.00 198.80 18.00 198.80 ~EDZCARE 18.74 18.74 ~verttme 8.00 147.60 8.00 147.80 Federal 122.22 122.22 Retro Pay .00 8.00 ,00 8.00 PA SNT 32.33 32.33 ~nempl EE .00 .00 Loc ~/hold 11.89 11.89 ~cc Prtv 10.00 10.00 T~al: 82.00 1188.80 82.00 1188.80 T~al: 284.77 264.77 :i:i:i:!:i:i:~:~l~l~:i:!:i:i:i:i:!:i:i: i:i:i:i:!:!:!:!:i~l~.~i~r~l~!:i:i:i:i:i:i:i:i:!: !:i:i:i:i:!:i:i:~i~i~:il~l~l~!:!:!:!:!:!:!:i:!:i:-: Descd~ion Cu~e~ YTD Descri~ion Curre~ YTD Descri~ion Eamed Taken 401K 71.33 71.33 · 40 -BT 30.92 30.92 Den~al -BT 3.17 3.17 T~al: 105.42 . 105.42 Total: ,00 .00 ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Curmnt: 1188.80 1083.38 284.77 105.42 818~81 YTD: 1188.80 1083.38 264.77 106.42 818.61 · ** YEAR END ZS NEARI · ** PLEASE REVZEW YOUR CHECK/ADVZCE TO ENSURE beck# 008816815 818.61 · ** YOUR NAHE, ADDRESS AND 3S# APPEAR CORRECTLY. · ~* PLEASE CONTACT YOUR HR HEIR. ~ZI/~4EDZATELY · ** WZTH ANY CORRECTZON$. THANK YOU T~al: 818.81 K® Kmart Corporation KMART CORPORATION 3100 WEST BIG BEAVER TROY, MICHIGAN 48084 - 3163 Pay Group: U89 Business Unit: STDBU Pay Begin Date: 01-03-2002 Check#: 008852014 Pay End Date: 01 - 16-2002 Check Date: 01-25-2002 TAX DATA: Federal NARLENE R SOUDERS 1101NANROC DRZVE MECHANXCSBURG PA SSN:170-35-3134 17055 Employee ID: 81000182288 Department: 04275-000 Location: 04275 Pay Rate: 12.30 PA State Marital Status: N N Allowances: 0000 0000 Addl. Pct.: O. O0 O. O0 Addl. Amt.: 20. O0 O. O0 ...... Current ............ Y-I'D ........ Description Hours Earnings Hours Earnings Description Current YTD Vacat ion 40.00 492.00 40.00 492.00 So¢ Sec 59.39 130.88 Regul ar 40.00 492.00 108.00 1328.40 NEDXCARE 13.89 30.53 Re~:ro Pay . O0 8. O0 . O0 16. O0 Fede~'a 1 94.47 216.69 Ho1 t clay .00 .00 16.00 196.80 PA SNT 26.82 59.15 Overtime .00 .00 8.00 147.60 Unempl EE .00 .00 Loc t~/hol ~ 9.92 21.81 ncc Prtv .00 10.00 Total: 80.00 992.00 172.00 2180.80 Total: 204.49 469.26 !:i:i:? i:i:i:[B EF~,:E?[':~:~EI[X)~;~I~ ~ :i:i:i:i:!:i:i:i:': :':!:!:i:i:!:!:!:i~;F~E~:~/~!~E~O~C~'~l~i:i:i:i:i:i:i:i:i:i: Description Current YTD Description Current YTD Description Earned Taken 401K 59.52 t30.85 HNO -BT 30.92 61.84 Dental -BT 3.17 8.34 Total: 93.61 199.03 Total: . O0 . O0 ::::::::::::::::::::::::::: :::::TQT~ :GIt~,~Q$;~:::: :: ::: ::::: :FE[~ :T~(~BIcE ::::::::::::::::::::: :::: ~OTA.~:;A~XB S :::::: :::::: :~QT~ :E~I~I[~f~I~ON;~:;: :::::: ::::;:::::;:;N;E~ ;F,~',: ;: Current: 992. O0 898,39 204.49 93.51 893.90 YTD: 2180.80 1981.77 469.26 199.03 1512.51 **:, ZT,S TZHE FOR ELZG;[BLE ASSOCZATES TO ENROLL :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: *** FOR 2002 KNART BENEFITS ONL:[NE. EVERYTHING =beck# 008852014 693.90 *** YOU NEED TO ENROLL ZS ON NYKHARTBENEFXTS.COH *** AND CAN BE ACCESSED ALNOST ANYNHERE-NO~ *** EVEN AT NORK. THE ~EB ZS THE NAYI Total: 693.90 KMART CORPORATION 3100 WEST BIG BEAVER TROY, ~ICHIGAN 48084 - 3183 PayGmup: u8g Business Un~: STDBU P~ Begin Date: 01-1?-2002 Check#: 009077150 PayEnd D~e: 01-80-2OO2 CheckD~e: 02-08-2002 TAX DATA: Fedeml MARLENE R SOUDERS 1101 NANROC DRIVE MECHANZCSBURG PA SSN: 170-38-3134 17055 Employee ~D:81000182288 Department: 04275-000 Location: 042?5 Pay Rate: 12.30 PA State Marital Status: M M Allowances: OOOO OOOO Addl. Pct.: O. OO O. OO Addl. Amt.: 20. OO O. 00 Current .... YTD --- Description Hours Earnings Hours Earnings ' Description Current YTD Regular 68.00 836,40 176.00 2184.80 Soc Sec 58.90 185.88 Sick 12.00 147,60 12.00 147.60 ~IEDICARE 13.78 44.41 Holiday .00 .00 18.00 t98.00 Federal 83.34 310.03 OvePt t ~e .00 .00 8.00 147.60 PA St~T 26.80 85.75 Retro Pay .00 ,00 .00 16.00 Jrmmpl EE .00 .00 Vacat ton .00 .00 40.00 492.00 Lo~ '~/holcl g.84 31.85 :)cc Pr'tv .00 10.00 Total: 80. O0 984. O0 282. O0 3164.80 Total: 202.46 671.72 Description Current YTD Description Current YTD Description Earned Takeq 401K · 59.04 189.89 HNO -BT 30.92 92.7B Dental -BT 3.17 9.51 Total: 93.13 292.15 Total: ,OO .00 Current: 984.00 890.87 202.48 53.13 888.41 YTD: 3164.80 2872.64 671.72 252.16 2200.52 · ** FOR 2002 KMART BENEFZTS ONLZNE. EVERYTHZNG Check# 009077150 688.41 · ** YOU NEED TO ENROLL tS ON MYKMARTBENEFZTS.COM · ** AND CAN BE ACCESSED ALMOST ANYM4ERE-NON · ** EVEN AT NORK. THE gEB IS THE ~/AY~ Kmart Corporation KMART CORPORATION 3100 WEST BIG BEAVER TROY, MICHIGAN 48084 - 3163 Pay Group: U88 Pay Begin Date: 01-31-2002 Pay End Date: 02 - 13- 2002 Business Unit: STDBU Check #: 005286730 Check Date: 02-22-2002 NARLENE R SOUDERS 1101NANROC DRZVE MECHANZCSBURG PA SSN:170-36-3134 17055 Employee ID: 81000182288 Department: 04278-000 Location: 042?5 Pay Rate: 12.30 TAX DATA: Federal PA State Marital Status: M M Allowances: 0000 0000 Addl. Pct.: O. O0 O. O0 Addl. Amt.: 20. O0 O. O0 '" Cuffe~ -- -- YTD - Description Houm Eamings Houm Earnings Deecfi~ion Cuffent YTD Regular 78,25 982.48 254.25 3127.28 So~ Seo 59.08 248.88 $1ok 2.00 24.80 14.00 172.20 ~EDZCARE 13.82 58.23 Hollday .00 .00 16.00 198.80 Fecleral 93.78 403.81 IYertt~e~ .00 .00 8.00 147.50 PA S~T 28.88 112.43 Retro Pay .00 .00 .00 16.00 ~nerapl EE .00 .00 Yacatton .00 .00 40.00 492.00 Lo~ w/hold ~ 9 87 41 52 0cc Prtv .00 10.00 Total: 80.25 887.08 332.25 4151.88 Total: 203.23 874.55 Descri~lon Curmnt Y'rD Desc~ion Current YTD De~cd~ion · Eamed Taken 401K 89.22 249.11 I-B40 -BT 80.92 128.68 Dental -BT 3.17 12.88 T~aI: 93.31 385.47 Total: .00 .00 Cu~e~: 987.08 893.77 203.23 93.31 580.54 YTD: 4151.88 3766.41 874.95 385.47 2881.46 z** FOR 2002 KNART BENEFZT$ ONLZNE. EVERYTHZNG ~hec~# 009298730 580.54 · ** YOU NEED TO ENROLL ZS ON NYI~IIARTBENEFZT$.CO# · ** AND CAN BE ACCESSED ALBOST ANYt~IERE-NON · ** EVEN AT NORK. THE NEB ZS THE #AY Total; 680.54 KMART CORPORATION 3100 WEST BIG BEAVER TROY, MICHIGAN 48084 - 3163 Pay Group: U89 Business Unit: STDBU Check #: 00952 lSSO Check( Date: 03-08-2002 Pay Begin Date: 02-14-2002 ~(mar~ Corporation Pay End Date: 02-27-2002 RARLENE1101 NANRocR SOUDERSDRTVE Employee ID:81000182288 TAX DATA: Federal p State Department: 04275-000 Marital Status: r4 HA MECHAN/CSBURG PA 17055 Location: 042?5 AJlowances: 0000 0000 Pay Rate: 12.30 AddL Pct.: 20.0'0000 0.00 SSN: 170-36-3134 Add. Amt.: O. O0 ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ............. :..:. ============================ ----- Current ..... YTD Description Hours Earnings Hours Earnings Regular 80.00 994.00 334.26 4111.28 Overtime .2$ 4.81 8.25 152.21 Holiday .00 .00 16.30 196.80 Rotro Pay .00 .00 .00 18.~0 Vacation .00 .00 40.00 492.00 Sick .00 .00 14.00 172.20 Description Current YTD / i BoG B, 59.18 908.14/i 14EDZCARE 19.84 72.071 Fe~ler-al 93.g9 497.80 = PA Stet 26.73 139.18 ' Unempl EE .00 .00 LOC w/hol~ 9.89 51 41 ~cc Prtv .00 10.00 Total: 80.25 988.61 412.50 5140.49 Total: 203.63 1078.58 i:i:i:i:i:i:i:~l~:;~-.~:~l~i.~i~::::::::: :~ :::::::: ,~: :~.}~.~D~'~.~i~:; ::::: :::I :':':':':':':';':~i~i~ ;~1;:' kJC':h~'~:k¥,E;~""'"'"'"'"- , .. ,; ................ .....,........,. ........ . .................. :.:.:.:.:.:.:.: ...... De=~.p~u. Current YTD ~ De~,~p~;u,, Current YTD Description Earned Taken 401K 59.32 308.43 HNO -BT 30.92 154.SC Dental -BT 3.17 15.85 Total: 93.41 478 · 88 Current: 988.61 YTD: 5140.49 Total: .00 .00 895.20 203.83 4881.61 1078.58 ZT'S TZNE FOR ELZGZBLE ASSOCZATES TO ENROLL FOR 2002 KNART BENEFZTS ONLZNE. EVERYTHZNG YOU NEED TO ENROLL ZS ON NYKHARTBENEFZTS.CON AND CAN BE ACCESSED ALHOST ANYt~HERE-NOW EVEN AT NORK. THE ~EB ZS THE NAYI 93.41 691.5' 478.88 3583.3~ ::::::::::::::::::::::::¥:::$¥f~¥:~N:::::::::::::::::::::: 009521550 Bgl.57 ITotal: sg 1.57 KMART CORPORATION 3100 WEST BIG BEAVER TROY, MICHIGAN 48084 - 3163 MARLENE R SOUDERS Employes ID:81000182288 1101 NANROC DRZVE Department: 042?5-000 MECHAN1'CSBURG PA 17055 Location: 04275 Pay Rate: 12.30 SSN: 170-38-3134 Pay Group: U89 Business Unit: STDBU Pay Begin Date: 02-28-2002 Check#: 009742749 Pay End Date: 03-13-2002 Check Date: 03-22-2002 TAX DATA: Fedemi PA State Madtal Status: M M Allowances: 0000 Addl. Pct.: 0.00 0.00 Add. Amt.: 20, O0 O. O0 - Current YTD - Description Hours Earnings Hours Earnings Description Current YTD Regular 80.00 984.00 414.25 5095.28 Federal 83.34 59i,14 Holiday .00 .00 18.00 196.80 Sm= Sea 58.90 387.04 Retro Pay .00 .00 .00 18,00 PA St/T 28.60 165.76 Vacat J on .00 .00 40.00 492.00 MEDZCARE 13.77 85 84 Slc. k .00 .00 14.00 172.20 Loc w/hold 9.84 61.25 Overt I~e .00 .00 8.25 152.21 Unempl EE OO O0 OCt PFIV O0 10 O0 Torsi: 80. O0 884. O0 4S2.50 , 8124.48 Tntsl: 202.45 1281. OS Descr pt on Current YTD Description Current YTD Description Earned Taken, 401K 59.04 38?.47 HMO -BT 30.92 185.52 Dental ~BT 3.17 15.02 ' Total: 93.13 572.01 Total: .00 .00 Current: 984. OO 890.87 202.45 93.13 588.42 YTD: S 124.49 5552.4~ 1281.0S 572.01 4271.45 *** *~ =he~l(# 00S742749 588.42 Total: 888.42 MARLENE R. SOUDERS, Plaintiff v FREDERICK A. SOUDERS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1559 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Complaint in Divorce has been served upon the Defendant by Certified Mail, Restricted Delivery on the 9th day of April, 2002. The return receipt for said mailing is attached hereto as Exhibit UA" and made a part hereof. Respectfully submitted, Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff SENDER: I also wish to receive the following services (for an extra fee): ~ Consume. _~ ~ 3. Article Addressed to: 5. Received By: (Pdnt Name) 4a. Article Number 0~ .b. Service Type [] Registemd [] Express Mail ~ [] Return Receipt for Merchandise [] COD 7. Data of Delivery 8. Addressee's Address (Only if requested and fee is paid) 6. Signature: (Addj~essee or Agenl) J -- PS Form"3811, December 1~994 v ~o259s-gs-a-o~ Domestic Return Re...~.~.~3t EXHIBIT "A" MARLENE R. SOUDERS, Plaintiff VS. FREDERICK A. SOUDERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA ; : NO. 02-1559 CIVIL TERM : : : CIVIL ACTION - DIVORCE PRAECIPE TO THE PROTHONOTARY: Kindly enter my appearance of behalf of the Defendant, Frederick A. Souders. Respectfully Submitted: Dated: (~--6 -0% COYNE & COYNE, P.C. BY/~/Lisa Marie Coyne, ~squire 3901 Market Street' Camp Hill, PA 17011 (717) 737-0464 Pa. Supreme Ct. No. 53788 Attorney for Defendant MARLENE R. SOUDERS, Plaintiff VSo FREDERICK A. SOUDERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-1559 CIVIL TERM CIVIL ACTION - DIVORCE PRAECIPE TO THE PROTHONOTARY: Kindly enter my appearance of behalf of the Defendant, Frederick A. Souders. Dated: Respectfully Submitted: COYNE & COYNE, P.C. //Lisa Marie Coyne, ~squire ~/ 3901 Market Street' Camp Hill, PA 17011 (717) 737-0464 Pa. Supreme Ct. No. 53788 Attorney for Defendant CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Preacipe was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Dated: Coyne, Esquirq ~901 Market Street ~ Camp Hill, PA 17011-4227 (717) 737-0464 MARLENE R. SOUDERS, Plaintiff VS. FREDERICK A. SOUDERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1559 CIVIL CIVIL ACTION - LAW IN RE: PLAINTIFF'S MOTION TO COMPEL ORDER AND NOW, this t o r day of June, 2002, a role is issued on the defendant to show cause why the relief requested in the within motion ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARLENE R. SOUDERS, Plaintiff V. FREDERICK A. SOUDERS, Defendant NO. 02-1559 CIVIL TERM CIVIl, ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT o o A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 2, 2002. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in 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. Section 4904 relating to unsworn falsification to authorities. Dated: SOUDERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARLENE R. SOUDERS, : Plaintiff : FREDERICK A. SOUDERS, : Defendant : NO. 02-1559 CIVIL TERM CIVIL ACTION - LAW IN 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. 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. 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of to authorities. 18 Pa.C.S. §4904 relating to unsworn falsification MARLENE R. SOUDERS, Plaintiff, VS. FREDERICK A. SOUDERS, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1559 CIVIL TERM : IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this /~ day of ~~4.) ,2003, by and between FREDERICK A. SOUDERS, hereinafter referred to as "Husband", and MARLENE R. SOUDERS, hereinafter referred to as "Wife". WlTNESSETH: WHEREAS, Husband and Wife were lawfully mamed on June 20, 1981 in New Kingston, Cumberland County, Pennsylvania and separated on or about November 24, 2001; 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 Page 1 of 12 WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Lisa Marie Coyne, and Wife by her attorney, Diane G. Radcliff, 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. INTERFERENCE: 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. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on or about November 24, 2001 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, defend and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 4. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on or about November 24, 2001 she has not, and in the future she will not, contract or incur by debt or liability for which Husband or his estate might be responsible and shall indemnify, defend and save Page 2 of 12 Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 5. OUTSTANDING MARITAL DEBT: Husband and Wife acknowledge and agree that they have no outstanding marital debts and obligations, including prior to the signing of this Agreement, except as follows: Person Assuming Item: Responsibility Lowes Account MBNA Account (2 accounts) PNC Bank Credit Account (2 Accounts) Sears Account CitiBank Mortgage Husband Husband Husband Husband Wife Each party agrees to pay the outstanding account/debt balance as may exist and further agrees to defend, indemnify, and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. 6. 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, as amended. 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 Page 3 of 12 causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, 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. 7. EOUITABLE 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 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 thc 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 mamage; 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: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, Page 4 of 12 and other household personal property between them. The parties 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. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Specifically, the parties agree that Husband shall retain Vanguard Account No. 9889323394 and Prudential Whole Life Policy No. 25958449. Wife shall retain Prudential Whole Life Insurance Policy No. 63004477. 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, 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. Page 5 of 12 Further, Husband agrees to pay to Wife the sum of Fifty-two Thousand Dollars ($52,000.00) which represents equitable distribution of the marital estate. Said payment shall be made to Wife no later than sixty (60) days after Wife's signing and returning this Agreement and complying with the terms and conditions of this Agreement. B. DISPOSITION OF REAL ESTATE: Husband agrees to transfer to Wife immediately upon the signing of this Agreement, if not sooner, all of his right, title and interest in 1101 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania. Wife shall prepare the deed of transfer or other required documentation, if necessary, for execution by the parties. Wife agrees to transfer to Husband in~nediately upon the signing of this Agreement, if not sooner, all her right, title and interest in 6 Village Road, Mechanicsburg, Cumberland County, Pennsylvania. Husband shall prepare the deed of transfer or other required documentation, if necessary, for execution by the parties. C. 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. 8. MOTOR VEHICLES: Husband shall retain the 1991 Pontiac Grand Am. Wife shall retain the 1997 Chevrolet Lumina. 9. HEALTH INSURANCE: Parties shall provide their own health insurance. Further, neither party shall be responsible for any health care costs, hospitalization costs, or medical or dental expenses incurred by the other and each shall indemnify and hold harmless the other from any claim put forth in that regard. 10. PENSIONS: The parties agree to waive any claim which they may have to the other spouse's pension, 401K, ESOP Plans, or retirement benefits, if any so exist. Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans, or individual retirement accounts, retirement benefits, of any nature and Social Security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. 11. ALIMONY: The parties expressly 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 settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for maintenance or alimony. Husband and Wife further, voluntarily and knowingly, waive and relinquish any right to seek from the other any payment for alimony. 12. ALIMONY PENDENTE LITE, COUNSEL FEES. AND EXPENSES: Husband and Wife further, voluntarily and knowingly, waive and relinquish any right to seek from the other any payment for alimony pendante lite, counsel fees, and expenses. Each party shall be responsible for his or her own attorney fees. 13. INCOME TAX RETURNS: The parties have heretofore filed joint federal and state tax returns through and including 2000. 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 Page 7 of 12 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. 14. 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, curtsey, statutory allowance, widow's allowance, right and take in intestaey, 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 his mutual waiver and relinquishment of all such interests, rights and claims. 15. MUTUAL CONSENT DIVORCE: 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, both parties agree to forthwith execute such consents, affidavits, waivers of notice, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a final decree in divorce pursuant to said 23 Pa. C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the Page 8 of 12 named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the parties that the Agreement shall survive any action for divorce, which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in, but shall not merge into, any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 16. 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 attorney fees and court costs incurred by the other in enforcing his or her rights under this Agreement. 17. 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. 18. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accounts, 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, if any, 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 ~'~/~ /'~',~, Page 9 of 12 to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 19. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, if any, 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. 20. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the part/es 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. seq. or any other laws. Husband and Wife each voluntarily and knowingly 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 pm-pose of enforcing the provisions of this Agreement. '~/~ /~e~ Page 10 of 12 21. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party of every type whatsoever and of all other facts relating to the subject matter of this Agreement. 22. 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. 23. PRIOR AGREEMENT: It is tmderstood 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. 24. 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. 25. 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. 26. APPLICABLE LAIV: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 27. VOID CLA USES: 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 '7'~/~ ,/~',~ Page 11 of 12 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. 28. 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. IN WITNESS WHEREOF, the parties intending to be bound hereto have set their hands and seals the day and year first above written. A. SOUDERS, Husband ,'~o...~-~. ~'~:~-,-~. ,...~- (SEAL) MARLENE R. SOUDERS, Wife ~7~/~ ,,~t',~ Page 12 of 12 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARLENE R. SOUDERS, : Plaintiff : V. : FREDERICK A. SOUDERS, : Defendant : NO. 02-1559 CIVIL TERM CIVIL ACTION LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE o I consent to the entry of a final decree in divorce without notice. 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. I understand that I will not be divorced until is entered by the Court and that a copy of the sent to me immediately after it is a divorce decree decree will be filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct, i understand that false statements herein are made subject to the penalties of 18 to authorities. Pa.C.S. ~4904 relating to unsworn falsification OilIGJ L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARLENE R. SOUDERS, Plaintiff V. FREDERICK A. SOUDERS, Defendant NO. 02-1559 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 2, 2002. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in 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. Section 4904 relating to unsworn falsification to authorities. Dated: /~ IN THE CO[IR~ OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARLENE R. SOUDERS, Plaintiff FREDERICK A. SOUDERS, Defendant NO. 02-1559 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE OF TRANSMIT RECORD TO THEPROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301(c) of the Divorce Code. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filing of Complaint: 4/2/2002 b. Manner of Service of Complaint: Certified Mail; Restricted Delivery c. Date of Service of Complaint: 4/9/2002 DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: 9/18/03 b. Defendant: 9/24/03 OR DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301(D) OF THE DIVORCE CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON THE DEFENDANT: a. Date of Execution: N/A b. Date of Filing: N/A c. Date of Service: N/A RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated 9/18/03, which Agreement is to be incorporated into but not merged with the Divorce Decree. DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD, A COPY OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED UNDER SECTION 3301(D)(1)(I) OF THE DIVORCE CODE: a. Date of Service: N/A b. Manner of Service: N/A OR DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: 9/23/03 b. Defendant's Waiver: 9/30/03 CLIFF, ESQUIRE intiff 1N The COURT OF COMMON MARLENE R. OF CUMBERLAND COUNTY STATE OF ~_ PENNA. SOUDERS, Plaintiff NO. 02-1559 VERSUS FREDERICK A. SOUDERS, Defendant PLEAS CIVIL TERM DECREE IN DIVORCE AND NOW, 2003 , it is ORDERED AND DECREED THAT MARLENE R. SOUDERS , PLAINTIFf, AND FREDERICK A. SOUDERS DEFENDANT, ARE DIVORCED frOM THE bONDS OF MATRIMONY. 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; No issues are outstanding. Ail issues have been resolved and settled by the Parties' Marriage Settlement Agreement dated September 18, 2003, filed of record and incorporated into, but not merged with, this Decree. BY THE COURT: / .. P ROT~IONOTARY