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HomeMy WebLinkAbout06-2472 Stephanie L. Donnelly, Plaintiff v. Mark R. Donnelly, Defendant IN THE COURT OF CODRfON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE q G'l~i'~ !7oZ CIVIL TERM 2006 NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your 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 Court House, Carlisle, Pennsylvania, 17013, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVI5ION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Stephanie L. Donnelley, Plaintiff v. Mark R. Donnelley, Defendant IN TAE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION - LAW IN DIVORCE o ~ ~Y7oZ i CIVIL TERM 2006 AFFIDAVIT OF MARRIAGE COUNSELING I, Stephanie L. Donnelley, being duly sworn according to law, depose and say: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I Stephanie L, Donnelley, do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §9909 relating to unsworn falsifyli~ca~t~io~n to authorities~~.~ Dated: j ~~ ~dG~~y" ",.c'Y't~~ .~~b„'`~.a=%-.Y. Stephanie L,DOnnelley, Plai tiff Stephanie L. Donnelly, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW . IN DIVORCE Mark R. Donnelly, Defendant NO. ~1(~_ ~`y y~ CIVIL 2006 COMPLAINT IN DIVORCE TO THE NONORAHLE, THE JUDGES OF SAID COURT: AND NOW COMES, Stephanie L. Donnelly, Plaintiff, by her attorney, Ruby D. Weeks, Esquire, who avers as follows: 1. Plaintiff, Stephanie L. Donnelly, is an adult sui juri s, who currently resides at 15 Nelson Drive, Carlisle, Cumberland County, Pennsylvania, 17013, since August 8, 2001. 2. Defendant, Mark R. Donnelly, is an adult sui juris, who currently resides at 15 Nelson Drive, Carlisle, Cumberland County, Pennsylvania, 17013, since August 8, 2001. 3. Plaintiff and Defendant have been a bona fide resident(s) in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 20, 1994, at Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 6. Neither party is a member of the Armed Forces of the United States. COUNT I - INDIGNITIES 3301 ia) tti) of the Divorce Code 7. Paragraphs 1 through 6 are hereby incorporated by reference and made a part hereof. 8. The averments under this Count are not collusive. 9, Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. COUNT II - IRRETRIEVABLE BREP.KDOWN 3301 ® of the Divorce Code 10. Paragraphs 1 through 9 are hereby incorporated by reference and made a part hereof. 11. The marriage is irretrievably broken. a. Plaintiff and Defendant, although residing in the marital residence for economic reasons, have lived separate and apart since March 1, 2006 12. Plaintiff has been advised that counseling is available and that defendant may have the right to request that the Court require the parties to participate in counseling. 13. Plaintiff requests the Court to enter a decree of divorce. COUNT III - REQUEST FOR DIVISION OF PROPERTY UNDER SECTION 53502 OF THE DIVORCE CODE 14. Paragraphs 1 through 13 are hereby incorporated by reference and made a part hereof. 15. The parties gurchased or otherwise obtained during the course of their marriage property which is considered "marital property". 16. Upon entry of a divorce decree, such property should be divided equitably as is just and proper. COUNT IV - COUNSEL FEES , COSTS, EXPENSES 17. Paragraphs 1 through 16 are hereby incorporated by reference and made a part hereof. 18. Plaintiff has retained the services of Ruby D. Weeks, Esquire, and the counsel Pees, costs, and expenses for representation in this action will be substantial and continuing. 19. Plaintiff is without sufficient funds, income, or assets to pay such counsel, fees, costs, and expenses. 20. Plaintiff will need to retain the services of an appraiser and other experts with regard to this action. 21. Defendant is financially able to provide for these expenses of Plaintiff. COUNT V - ALIIdONY AND ALIMONY PENDENTE LITE 22. Paragraphs 1 through 21 are hereby incorporated by reference and made a part hereof. 23. Plaintiff lacks sufficient means of support at present to fully provide for her reasonable needs, despite the fact she is employed. PLaintiff requests an award of alimony pendente lite. 24. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 25. Defendant is financially able to provide for the reasonable needs of Plaintiff. COUNT VI - IN3URANCE RELIEF 26. Paragraphs 1 through 25 are hereby incorporated by reference and made a part hereof, 27. Plaintiff lacks sufficient means of support at present to provide health or life insurance coverage on herself and the children. 28. Defendant is financially able to casry health and life insurance coverage personally or through Roadway. his employer for wife and children and to carry medical, dental and eye insurance coverage personally or through his employer. WHEREFORE, Plaintiff prays that a judgment be entered in favor of the Plaintiff against the Defendant as follows: a. As to Count I, that a decree in divorce be entered divorcing Plaintiff from the bonds of matrimony between the said Plaintiff and Defendant. b. As to Count TI, in the alternative, should Defendant execute an Affidavit consenting to a divorce because the marriage is irretrievably broken, that a decree in divorce be entered divorcing Plaintiff from the bonds of matrimony between the said Plaintiff and Defendant. c. As to Count III, that this Court determine marital property and order an equitable distribution thereof. d. As to Count IV, that this Court enter an award for preliminary and interim counsel fees, costs and expenses and to enter a final award of counsel fees, costs, and expenses. e. As to Count V, that Plaintiff be awarded alimony pendente li to until final hearing and permanent alimony thereafter. f. As to Count VI, that Defendant be ordered to carry medical and life insurance coverage either personally or through Roadway ,his employer, and to carry medical, dental and eye insurance either personally or through his employer on his wife and children. g. Such other additional relief as the Court deems necessary and appropriate. 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. 9904, relating to unsworn falsification to authorities. Date: ~,~~/~~ J Step anie L. Donnelly. Plai iff ~~ Ruby D. W ks, Esquire Attorney for Plaintiff P.O, Box 397 Carlisle, PA 17013 (717) 243-1299 CO~NWEALTR OF PENNSYLVANIA ss COUNTY OF CUCNBERLAA7D The above named, Stephanie L, Donnelley, being duly sworn according to law, deposes and says that the facts contained in the foregoing Complaint are true and correct, and the Complaint is not made out of levity or by collusion between her and the said Defendant for the mere purpose of being freed and separated from each other, but that it is brought in sincerity and in truth for the cause mentioned in the said Complaint. ~ ~~~~~ Stephanie L. Donnel]~d, Plai iff COMMONWEALTH OF PENNSYLVANIA Notarial Seal Nathan C. Wolf, Notary public Carlisle Bono, CumbeAafW County MY Commission F_xpirea Apr.19,2009 Member, Pennsylvania Assoolatlon Of Notaries Sworn and subscribed to before me this ,~,_ day of _'~qy 20c7~-. ,~ p `~ ~:; ~ ~ ~ ~~ :,J ~,~ ~ ~ ~~ ~ ~~ ,,n, `~ ~ ' '~ ``~ ~, ~~ ~ ~ ~; ~. x ,~ STEPHANIE L. DONNELLY, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. 06-2472 CIVIL TERM MARK R. DONNELLY, IN DIVORCE Defendant/Respondent PACSES CASE NO: 187108346 ORDER OF COURT AND NOW, this 9th day of June, 2006, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before Charles C. Carothers. IV on Tuesdav. June 20.2006 at 1:30 P.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Petitioner Respondent Ruby D. Weeks, Esq. BY THE COURT, Edgar B. Bayley, President Judge Samuel 1. Andes, Esq. j .,~ Date of Order: June 9. 2006 R. J. dday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. Copies mailed on June 9, 2006 to: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 . ,~ In the Court of Common Pleas of Cumberland County, Pennsylvania Domestic Relations Section Stephanie L. Donnelly Plaintiff v. Mark R. Donnelly Defendant Docket No. X372 S 2006 PACSES No. 582108245 Motion to Join Alimonv Pendente Lite Hearing with Conference for Child Support And Now, this 9t'' day of June, 2006, comes the Plaintiff, Stephanie L. Donnelly, by and through her attorney, Ruby D. Weeks, Esquire, and avers: 1. Plaintiff, Stephanie L. Donnelly, on May 3, 2006, file a divorce complaint with a count for Alimony and Alimony Pendente Lite. See attached copy of the divorce complaint filed to 06- 02472 Civil Term, which is made a part of this motion. 2. A child support conference has been set for 1:30 p.m. on June 20, 2006. 3. Plaintiff requests that her alimony pendente lite hearing be joined with the child support conference above for reasons of judicial and personal economy. 4. A copy of this motion has been sent by faximile to Samuel Andes, Esquire, attorney for Defendant. Respectfully submitted, Ruby D. eeks, Esquire Attorney for Plaintiff cc Stephanie Donnelly Samuel Andes, Esquire, Attorney for Defendant c ~'~' 3~° ~~~ ~ ~ ~ i° z dam, ~ ~ -° ~~" ~' Yq ~ ~~ w RT' ,,, ~, ~.,7 ,__~ +~:~ _ ~> ~. `n t__ 4_. _ . ..,.. ~_ _ 'T' ~ ~ r== ~ - `~_, ) ._ i-t~i A_7 CJl C..F ; 1, --: F STEPHANIE L. DONNELLY, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. 06-2472 CIVIL TERM MARK R. DONNELLY, IN DIVORCE Defendant/Respondent PACSES CASE NO: 187108346 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 20th day of June, 2006, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on Mondav. Jalv 31.2006 at 8:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference (1) a true copy of your most recent Federal Income Tax Retum, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child raze expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. **THIS WILL BE HELD IN CONJUNTION WITH THE CHILD SUPPORT MATTER.** BY THE COURT, Edgaz B. Bayley, President Judge Copies mailed on June 20, 2006 to: Petitioner Respondent Ruby D. Weeks, Esq. Samuel L Andes, Esq. Date of Order: June 20.2006 ~ . J. Sl ay, 0 7ence Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTE D THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 s _~ C~ ia^ .-a [. -t'~ < tt<~ r:~` -' "" ~' j .~ ~ ~'~. _''3{r ~ ~~ ~- :.~ .. .i` In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION STEPHANIE L. DONNELLY ) Docket Number 06-2472 CIVIL Plaintiff ) vs. ) PACSES Case Number 187106346 MARK R. DONNELLY ) Defendant )Other State ID Number ORDER AND NOW, CO W1C On 01115 31ST DAY OF JULY, 2006 IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or ®Other ALIMONY PENDENTE LITE REQUEST filed on JUNE 9, 2006 in the above captioned matter is dismissed without prejudice due to: THE PARTY WITHDRAWING HER REQUEST AT THIS TIME DUE TO PARTIES WORKING ON A SETTLEMENT AGREEMENT. Q The Complaint or Petition may be reinstated upon written application of the plaintiff penuoner. BY THE COURT: Kevin ess, ~~ NDGE DRO: R.J. Shadday Form OE-506 ServiceType M WorkerlD 21oos ~. PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of , 2006, is by and between: MARK R. DONNELLY of 15 Nelson Drive in Carlisle, Pennsylvania, hereinafter referred to as "Husband"; and STEPHANIE LYNN DONNELLY of 102 Fairfield Street in Newville, Pennsylvania 17241, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on 20 August 1994 in Mechanicsburg, Pennsylvania, and are the natural parents of two minor children: Jordyn A. Donnelly, now age 9, born 9 January 1997 and Parker R. Donnelly, now age 7, born 6 January 1999 (hereinafter referred to as "children"); and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Wife has initiated an action in divorce filed to No. 2006-2472 before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by Ruby D. Weeks, Esquire, and Husband by Samuel L. Andes, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hereto; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for their children and for their rights and responsibilities in and toward such children, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. Page 1 of 11 NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1. CUSTODY. The parties have agreed upon their arrangements for the legal and physical custody of their children, which will be confirmed by a separate written agreement which they either have signed or expect to sign by the time this Agreement is executed. 2. CHILD SUPPORT. Wife has initiated a child support action against Husband before the Court of Common Pleas of Cumberland County, Pennsylvania, filed to Docket No. 372 S 2006 (PACSES No. 582108245). The parties agree that their responsibilities to pay child support or to otherwise contribute to the financial support of their children shall be determined and governed by that or any subsequent support action between the parties. Accordingly, this agreement makes no specific provision for the support of the children. 3. RESIDENCE. The parties acknowledge that they own jointly, as tenants by the entireties, the residence at 15 Nelson Drive in Carlisle, Dickinson Township, Cumberland County, Pennsylvania, and that they have agreed to sell the property and apply and divide the proceeds of such sale as follows: A. Wife will vacate the property by the end of June 2006. Following her move out of the residence, the parties will attempt to arrange a private sale of the property, without the use of a real estate agent or broker. The parties will engage a real estate attorney to assist them in that process and will cooperate with each other, any potential purchaser, and their real estate attorney to try to effect a prompt sale of the property. B. In the event that the residence is not under an agreement for its sale by 31 July 2006, the parties agree that they will list it for sale with a real estate agent which they shall select by mutual agreement. Page 2 of it The parties will cooperate with each other to select the agent and will then cooperate with each other, any prospective purchasers, and the real estate agent to effect a prompt sale of the property. C. When the property is sold, the proceeds will be applied first to pay the reasonable costs of the sale, including a real estate sales commission if the parties have engaged a realtor, and the other normal or expected costs of sale, will then be applied to pay and satisfy any liens against the property or any other item which must be paid to deliver good title of the property to the purchaser at sale, and then shall be applied to pay the principal balance then owed on Wife's student loans, which Wife represents have a principal balance at this time of approximately $33,900.00, the balance then owed on Wife's VISA credit card, not to exceed $8,999.00, and the balance then owed on Husband's General Motors credit card, not to exceed $606.00. Wife shall be responsible to make all monthly installment payments of principal and interest on the student loans and her VISA credit card until such time as they are paid from the proceeds of the sale of the house and Husband shall be responsible to make all monthly installment payments of principal and interest on the General Motors credit card until such time as that balance is paid from the proceeds of the sale of the house. D. The remaining proceeds from the sale of the house, after payment of the items listed above, shall be divided equally between the parties . The parties agree to cooperate with all persons necessary to effectuate the prompt and orderly sale of the property and distribution of the proceeds of that sale in accordance with this paragraph. 4. RETIREMENT ASSETS. The parties acknowledge that they own the following retirement assets, which have the following approximate values as of the date of this Agreement: Page 3 of 11 A. An annuity account with Travelers' Life Insurance Company owned by Wife with an approximate value of $1,398.00. B. Husband's account within the Yellow Freight/Roadway 401 (k) Plan which has a value of approximately $104,950.00. C. The marital portion of Husband's individual retirement account with AG Edwards which the parties agree has a value at this time of $21,103.54. D. Wife's account within the IBM Savings Plan which has a balance of approximately $2,370.00. The parties agree that they will divide the balances in these accounts equally. Wife will retain the two accounts in her name and Husband will transfer from his Yellow Freight Roadway 401 (k) Plan account assets having sufficient value to give Wife, when combined with the balances in her two accounts, one half of the total value of all of the accounts. If a Qualified Domestic Relations Order or other order of court is necessary to make the transfer required by this paragraph without income tax or tax penalty consequences, the parties will cooperate with each other and with their attorneys to obtain such an order and will share equally the costs of obtaining, having entered, and implementing such order. 5. MOTOR VEHICLES. The parties agree that they will divide, distribute, and otherwise dispose of the motor vehicles owned by them, and any debt associated with those vehicles, as follows: A. The parties will transfer to Husband's sole name the 1996 Chevrolet Cavalier which they represent is not encumbered by any debt at this time. B. The parties will transfer to Husband's sole name the 1997 Dodge Caravan, which was a gift from Husband's father and which the parties represent is not encumbered by any debt. C. The parties will transfer to Wife's sole name the 2004 Volkswagon Passat automobile which the parties represent is subject to a Page 4 of 11 debt owed to Volkswagon Credit and which Wife will be responsible to pay. D. The parties will transfer to Husband's sole name the 1969 Pontiac Firebird which the parties represents is not encumbered by any debt at this time. Each party will be responsible to pay, in accordance with its terms, any debt which encumbers any of the vehicles g7.ven to them pursuant to this Paragraph and shall indemnify and save the other party harmless from any loss, costs., or expense caused to that other party by their failure to do so. The parties will cooperate to execute and deliver any documents necessary to transfer the titles and implement the provisions of this paragraph promptly after the execution of this Agreement. 6. PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as maybe in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the final decree in divorce entered in the action contemplated to be filed herein. 7. WAIVER OF ALIMONY SUPPORT AND ALIMONY PENDENTE LITE. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants '~ and terms of this Agreement and the benefits and properties passed to them Page 5 of 11 hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 8. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 9. WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly 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, the right to equitable division of Page 6 of 11 marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. 10. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 11. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. Page 7 of 11 12. DISCLOSURE. Both of the parties hereto represent to the other that they have made full disclosure of the assets and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed such information, as well as the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of their marriage and of any divorce action which has or may be filed between the parties with an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice and voluntarily decide not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owned by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree that they are satisfied with their understanding of their legal rights and obligations. Being so aware and satisfied, the parties mutually accept the terms and provisions of this agreement in full satisfaction of any and all rights or obligations arising of their martial status or the divorce action now pending or to be filed between them. 13. CONCLUSION OF DIVORCE. The parties acknowledge that this agreement is made in contemplation of the conclusion by both of them of an action in divorce which has been filed or will be filed shortly by one of the parties hereto. Both of the parties hereto agree that they shall, contemporaneously with the execution of this agreement, execute and deliver to their respective attorney or attorneys, an Affidavit of Consent under Section 3301(c) of the Divorce Code, consenting to the entry of a final decree in divorce, and a Waiver of further notice for the entry of such decree. Both parties agree that they shall accept the terms and provisions of this agreement in full satisfaction of any claims they may have under the Divorce Code of the Commonwealth of Pennsylvania, including, but not limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the like. Page 8 of 11 14. BREACH. In the event that ax~y of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or in equity or to take any other action to which they are lawfully entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms and provisions of this agreement, the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 15. RELEASE. The parties acknowledge that the purpose of this agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this agreement, which shall survive the date of this agreement until such obligations are fully performed. 16. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. Page 9 of 11 .~ , 17. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 18. NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written Wi MARK R. DONNELLY Witness TEP E LYNN DONNE Y Page 10 of 11 Stephanie L. Donnelly, Plaintiff v. . IN THE COURT OF COMt~iON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. CIVIL ACTION - LAW IN DIVORCE Mark R. Donnelly, Defendant #06-2472 CIVIL TERM 2006 PRAECIPE TO WITHDRAW COUNTS IN DIVORCE TO THE OFFICE OF THE PROTHONOTARY: Please withdraw the previous requests for Count I, III,IV, V, and VI in the above-captioned divorce action since these matters have been satisfactorily resolved between the parties through a Property Settlement Agreement entered into 7 2006 and a Custody Stipulation and Parenting Agreement entered into 7 2006. ~~ Dated: ~-~~~ `~'~ Ruby D. eeks, Esquire Attorney for Plaintiff cc: Ruby D. Weeks, Esquire Samuel L. Andes, Esquire ' z ~. ~-~~ ;--- _. ~ t'! ` r Stephanie L. Donnelly, Plaintiff v. Mark R. Donnelly, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE N0. 06-2472 CIVIL 2006 AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 3, 2006. 2. 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. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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. Dated: ~ / -~~ Sworn and subscribed to before me this ~_ day o f .S~e.,.a~ ~ 2 0 0 6. Nota y Publ COMMONWEALTH OF PENNSYLVANIA Noterisi Seal Nathan C. Wort. Notary Public Carlis~ eorc, tur~oedand County My Commission Exh;res Apr.19,2008 Member, Pennsylvania Association Of Notaries tep nie L. Donnelly, Pla' tiff z~ _ ~ - r- - _ ; I •-i i ;' :-_ ~~, <`~ Stephanie L. Donnelly, Plaintiff v. Mark R. Donnelly, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE N0. 06-2472 CIVIL 2006 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: ~'f 06 " ' Stepha ie L. Donnelly, Plaintif t'" c ,i u, r;,. .~ _ _:__- c ~: Stephanie L. Donnelly, Plaintiff v. Mark R. Donnelly, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE N0. 06-2472 CIVIL 2006 AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 3, 2006. 2. 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. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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. X4904 relating to unsworn falsification to authorities. Dated: Mark R. Donnelly, Defendant Sworn and subscribed to before me this ~~'~` day o f ~.~v~t/~ 2 0 0 6. L7~~"^ ~'/~HLr~ Notary Public MGTAINAL SEJ~L ~~ LYMr EFELD. }IOTMY PIJBI.IC ,. L~AOYNE BORO., CU~ERLAND CO. MY CQMNNSSION FEB. t, ?004 _ __ __., ~, G ,,t .t _... _ ~^,,,1 r ~_Y' _.__F.__~ JA32.1AlRATQiA "ll~il~~ ~~ yi~A7C~N ,C113~M3AH.~ ~AYIYa Stephanie L. Donnelly, Plaintiff v. Mark R. Donnelly, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 06-2472 CIVIL 2006 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER S 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date: Mark R. Donnelly, Defendant r Cy] __y Stephanie L. Donnelly, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE Mark R. Donnelly, . Defendant #06-2472 CIVIL TERM 2006 PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) (Consent). 2. Date and manner of service of the complaint: ACCEPTANCE BY DEFENDANT OF CERTIFIED MAIL ON 5-6-06 3. (Complete either paragraph (a) or (b) .) (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the plaintiff 9-~^~~ ; by the defendant 9- 7-0~ (b) (1) Date of execution of the plaintiff s affidavit required by Section 3301(d) of the Divorce Code: ; (2) Date of service of the plaintiff s affidavit on the defendant: 4. Related claims pending: None. Property Settlement Agreement entered into 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: 9 -/.~ 3~. ,L~G~ rrn.~' (b) Date plaintiffs and Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: ~'-/3-06 Date: ~_~3_O~ Ruby D. Weeks, E ire, Attorney for the Plaintiff cc: Samuel L. Andes, Esquire - r ` r- - ~ ,..~ ~ _ .~ i~+'1. {F ~-' t N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '~ PENNA. >~ STEPHANIE L. DONNELLY. ~~ `~ N o . #06-2472 CIVIL TERM VERSUS MARK R. DONNELLY, DEFENDANT DECREE IN DIVORCE AND NOW, ~~ ~~'`~ IT IS ORDERED AND STEPHANIE L. DONNELLY DECREED THAT MARK R. DONNELLY AN D ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, THE COURT RETAINS JURfSDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF REC R IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ~V~ A PROPERTY SETTLEMENT AGREEMENT IS ATTACHED AND MADE A P PROTHONOTARY ~~ ~ .~ STEPHANIE L. DONNELLY, ) Plaintiff ) vs. ) MARK R. DONNELLY, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2006-2472 MOTION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and moves the court to enter the attached Qualified Domestic Relations Order to implement one of the terms of the Property Settlement Agreement entered by the parties at the time of their divorce. judge Bayley signed the divorce decree between the parties. Both parties concur in the entry of the Qualified Domestic Relations Order. L. An s Attorney for Defendant Supreme Court ID # 17225 525 North 12~' Street Lemoyne, Pa 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Plaintiff by regular mail, postage prepaid, addressed as follows: Ruby D. Weeks, Esquire P.O. Box 397 Carlisle, PA 17013 Date: 1 May 2007 ~ / D ~ • ~~(./(/~,u Amy M. kins Se etary for Samuel L. Andes 684075328 Stephanie L. Donnelly ) vs. ) Mark R. Donnelly ) CASE N0.2006-2472 QUALIFIED DOMESTIC RELATIONS ORDER Court of Common Pleas Of Cumberland County, Pennsyl- vania PA PA WHEREAS, this Court has jurisdiction over the parties and the subject matter of this Order; and WHEREAS, the parties and the Court intend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as a "QDRO") as defined in Section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and Section 414(p) of the Internal Revenue Code of 1986, as amended; and, WHEREAS, pursuant to the referenced statutes, the Plan Administrator shall make a determination of the qualified status of this Order; and WHEREAS, following approval by the Plan Administrator, this Order shall constitute a Qualified Domestic Relations Order; and WHEREAS, the parties have stipulated that the Court enter this Order; NOW, THEREFORE, pursuant to this state's Domestic Relations Laws, IT IS HERE BY ORDERED BY THE COURT as follows: 1. As used in this Order, the following terms shall apply: (a) "Participant" shall mean Mark R. Donnelly, whose current address is 707 West Pine Street, Mount Holly Springs, PA 17065. (b) "Alternate Payee" shall mean Stephanie L. Donnelly, whose current address is 102 Fair- field Street, Newville, PA 17241. (c) "Plan" shall mean Yellow Roadway Corporation Retirement Savings Plan. 2. The Order relates to marital property rights 3. The date of marriage was 08/20/1994. 4. The date of legal separation or divorce is 09/27/2006. 5. The Alternate Payee is the former spouse of the Participant. 6. With respect to marital property, alimony and spousal awards, the Participant and the Alternate Payee are/were married for federal income tax purposes. 7. The Alternate Payee's award will be calculated as of the date the award is segregated into the Alternate Payee's account. The date of segregation shall hereinafter be referred to as the "Valuation Date". 8. The Alternate Payee's interest in the Plan shall be $61,368.00 of the Participant's total vested account balance under the Plan as of the Valuation Date. 9. The Alternate Payee's award is not entitled to earnings (dividends, interest, gains and losses) from the Valuation Date to the date that the awazd is segregated from the Partici- pant's account. From and after the date of segregation, the Alternate Payee's award shall be held in an account under the Plan and shall be entitled to all earnings attributable to the investments therein. 10. In the event there is an outstanding loan balance as of the Valuation Date, the loan bal- ance will be included for purposes of calculating the account balance to be divided. The Alternate Payee's award will be paid from the non-loan assets in the Participant's ac- count on the date that the award is segregated from the Participant's account. 11. The Alternate Payee's awazd will be paid proportionately from all standard plan invest- ment options in which the Participant's account is invested (not including the Broker- ageLink account). In the event that the Participant has a BrokerageLink account and there are insufficient funds in the standard plan investment options in the Participant's account to satisfy the Alternate Payee's award, the Participant is hereby ORDERED to immediately transfer sufficient funds from the BrokerageLink account to the standard plan investment options to satisfy the Alternate Payee's award. 12. The Alternate Payee shall have the right to select from the available benefit forms pro- vided under the terms of the Plan at the time the Alternate Payee becomes eligible and elects a distribution. The Alternate Payee shall initiate the distribution in accordance with the terms of the Plan and the administrative procedures that have been established by the Plan Administrator. The amount distributed to the Alternate Payee will be based on the value of the Alternate Payee's account on the date the distribution is processed. 13. All beneficiary designations will be made after qualification of the Order and segrega- tion of a separate account for the Alternate Payee pursuant to the administrative proce- dures established for the Plan. 14. The Parties shall cause an original court certified or true copy of this Order to be served on the Plan Administrator's agent, Fidelity Employer Services Company LLC, forth- with. This Order shall remain in effect until further order of this Court. 15. Nothing contained in the Order shall be construed to require any Plan or Plan Adminis- trator to provide to the Alternate Payee any type or form of benefit or option not other- wise available under the Plan, to provide the Alternate Payee increased benefits (determined on the basis of actuarial value) not available to the Participant, or to pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another Order, which has been determined to be a QDRO before this Order is determined to be a QDRO. 16. Neither Party shall accept any benefits from the Plan which are the property of the other Party. In the event that the Plan Administrator inadvertently pays to the Participant any benefits that aze assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall forthwith return such benefits to the Plan. In the event that the Plan Ad- ministrator inadvertently pays to the Alternate Payee any benefits that are not assigned to the Alternate Payee pursuant to the terms of this Order, the Alternate Payee shall forthwith return such benefits to the Plan. 17. The Plan and its sponsor and fiduciaries shall not be responsible for any attorney's fees incurred by the Participant or the Alternate Payee in connection with obtaining, modify- ing and enforcing this Domestic Relations Order. 18. For purposes of Sections 402 and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant will be treated as the distributee of any distributions or payments made to the Alternate Payee under the terms of this Or- der, and as such, will be required to pay the appropriate federal andJor state income taxes on such distribution. If the Alternate Payee is a child or other dependent of the Participant, the Participant will be responsible for any federal and/or state income taxes on any such distribution. 19. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. Attorney For Alternate Payee: Ruby D. Weeks P.O.Box 397 Carlisle, PA 17013 Dated: Attorney For Participant: Samuel L. Andes 525 North 12th Street, P.O. Box 168 Lemoyne, PA 17043 Judge Of the Court: Track No: 684075328 Accepted and ordered this CONSENT TO ORDER: day of _ ~f~ hint' Alternate Payee to r ;t7-~ 7 Attorney r Plaintiff/ Date Alternate Payee BY THE COURT Judge ~~~ ~I. ,~" 3-3~ o ~ DefendantJParticipant Date ~ ~ v~ ey for De ndant/ Da Participant ADDENDUM TO DOMESTIC RELATIONS ORDER For Submission to Fidelity ODRO Administration ONLY Due to the Federal Privacy Act, many state courts prohibit the inclusion of personal data in pub- lic records to prevent identity theft. Therefore, please forward the following information sheet to Fidelity Employer Services Company LLC when you submit the court certified copy of your Do- mestic Relations Order. Do NOT file the Addendum with your court when you file your Domestic Relations Order. review to determine whether the Order is "Qualified" Domestic Relations Order. Please consult the Plan's QDRO Approval Guidelines and Procedures to determine if the Plan assesses a fee for review and the amount of that fee. Please send your court certified copy of the Domestic Relations Order to: Attn: Yellow Roadway Corporation Fidelity Investments P. O. Box 770001 Cincinnati, OH 45277-0018 Track No: 684075328 In accordance with D.O.L Field Assistance Bulletin 2003-03, the Parties to the Domestic Rela- tions Order are notified as follows: Defined Contributions Plans aze allowed to assess a fee for the a~ /'~V V C? ~ ~n ~~ ° ~ ~ ~ ~ ,, ...- ~ ~~ rL, ..1..,.~ .. ~.T ~~ ~.. ~ !~ _... .. .._ s l ..-i . LY«t 1M-r