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HomeMy WebLinkAbout02-4575 HEATHER S, MACK, Plaintiff v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No, 0:2. - 4S"1.S CZ,~~[ 1eA...~ STEPHEN A. MACK, Defendant : CIVIL ACTION - LAW : DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the court A 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, 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 TIDS 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, P A 17013 (717) 249-3166 HEATHER S, MACK, Plaintiff v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLANDCOUNTY,PENNSYLVANlA : No, C>~ -'-I~"tS eOl(~~ : CIVIL ACTION - LAW : DIVORCE STEPHEN A. MACK, Defendant rnU-DT A. ~ T1tl.T n'l"l:Tr....,.,r.o ..T..T.....".... HEATHER S. MACK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLV ANlA v. : No, D;;l. - J./~"l5 C;Ol(~~ STEPHEN A. MACK, Defendant : CIVIL ACTION - LAW : DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE AND NOW comes the Plaintiff, Heather S, Mack, by and through her attomey, Jeanne B, Costopoulos. Esquire, and respectfully avers the following: 1. The Plaintiff, Heather S, Mack, is an adult individual who is presently seeking permanent living arrangements. 2, The Defendant, Stephen A. Mack, is an adult individual who currently resides at 44 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17055, 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4, The Plaintiff and the Defendant were married on May 2,1998 in Roanoke, Virginia, COUNT I - NO-FAULT DIVORCE UNDER !i3301(c) OR !i330Hd) OF THE DIVORCE CODE 5, The prior paragraphs of this Complaint are incorporated herein by reference thereto, 6. There have been no prior actions of divorce or for annulment between the parties, 7. The marriage is irretrievably broken, 8, Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9, The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling, 10. There are no dependent children from this marriage, I I, This action is not collnsive, COUNT n _ EQUITABLE DISTRIBUTION OF MARITAL PROPERTY PURSUANT TO U502 OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto, )3, While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. To the extent that a written Settlement Agreement might be entered into between the parties prior to the time of hearing on this Divorce Complaint, Plaintiff desires that such written Agreement be approved by the Court and incorporated, but not merged, in any Divorce Decree which might be entered dissolving the marriage between the parties, 14, Plaintiff and Defendant are the owners of various items of real and personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this court, 15. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits acquired during their marriage which are subject to equitable distribution by this court. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; B, Equitably distributing all property owned by the parties hereto; C. In the event that a written Separation Agreement is reached between the parties hereto prior to the time of the hearing on this Complaint, Plaintiff respectfully requests that pursuant to the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; D, For such further relief as the Court may determine equitable and just. Dated: rr/zq( 4ft- RESPECTFULLY SUBMITTED: ~ Jeamle B. Costopoulos, Esquire COSTOPOULOS & WELCH 1400 North Second Street Harrisburg, Pennsylvania 17102 PA Supreme Court ill No. 68735 Telephone: (717) 221-0900 Fax: (717) 221-0904 ATTORNEY FOR PLAINTIFF ----- HEATHER S, MACK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No, STEPHEN A. MACK, Defendant : CNIL ACTION - LAW : DIVORCE VERIFICATION I, Heather S. Mack, hereby verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein are made subject to the Date: q.;:).c, 0 d-.. Signature: penalties of 18 Pa. c.s, 94904, relating to unsworn falsificati (') 0 0 C 1'..) .." (,J ~ C'" :n p "Ow '.... r<"I F-~ :!1 ~ QJ mrrl '""0 tJ. ~ Z:x, ,- ~S' N :>l ::n 8 - ::- (......i ,'. I:j '- ~ -$L r"'...L.. ~ r C' ":i~~ ltv '< J -0 ~ ~o :J: g~ . .-c ~ '1 0 ~ 5>~ w 0 ~ :-~ ~ l/) () CY :.n ::0 f '''' -< ~:JJ J~ ~ ...". T ,0 \.. , .1._ HEATHER S, MACK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. No. 02-4575 STEPHEN A. MACK, CIVIL ACTION - LAW : DIVORCE Defendant MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is mad. this ~ day of ~ between STEPHEN A. MACK and HEATHER S. MACK: .2003, by and WITNESSETH: WHEREAS, STEPHEN A. MACK (hereinafter referred to as "Husband") and HEATHER S. MACK (hereinafter referred to as "Wife") are Husband and Wife, having been lawfully married on May 2, 1998 in Roanoke, Virginia. WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, mEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Herbert Corky Goldstein, Esquire, for Husband, and Jeanne B. Costopoulos, ES<luire, for Wife. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party llicknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that is being entered into freely and voluntarily, after having received such advicc~ and with such knowledge, and rnm&~ : .'. . . ,. . that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements, In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to detennine all marital lights of the parties including divorce, alimony, alimony pendente lite, equitable di!ltribution of all marital property or property owned or possessed individually by the othcrr, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, a.cknowledging that the tenns and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Prooedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement, The 2 mmwo/ . . parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all controL restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her, Neither party will interfere with the use, ownership, enjoyment or disposition of SUly property now owned by or hereinafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. The parties aclmowledge that on September 23, 2002, Wife initiated a divorce action under the no-fault provisions of the Divorce Code in the Cumberland County Court of Common Pleas docketed at No. 02-4575 Civil Term. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to their divorce and thus this or any other divorce action with respect to these parties shall be limited to a claim for divorce only. 5. EOUITABLE DISTRIBUTION. (a) Cash to Wife. Husband shall pay to Wife the sum of Twenty-Seven Thousand Eight Hundred Eighty Three Dollars and Ninety Eight Cents ($27,883.98). This sum shall be paid according to the following sehedule: 3 Initial~ (1) Husband shall pay Wife the sum of One Thousand Dollars ($1000.00) each month beginning November of2002 through April of2003 for a total of $6000,00 by April 30, 2003; and, (2) Husband shall pay Wife the balance of Twenty-One Thousand Eight Hundred Eighty Three Dollars and Ninety Eight Cents ($21,883,98) no later than May 9,2003, (b) Marital Residence. The parties acknowledge that they own a home and property located at 44 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter referred to as the "Marital Residence"). The parties agree as follows with respect to the Marital Residence: (1) Within sixty (60) days from the execution date of this Agreement, Husband and Wife shall execute and deliver an appropriat.~ deed conveying to Husband all of the parties' right, title, claim and interest in the Marital Residence and Husband shall be entitled to record said deed and take any action with respect thereto that he deems appropriate. (2) Within sixty (60) days from the execution date of this Agreement, Husband shall refinance the marital residence into his name solely or otherwise remove Wife as a co-debtor with respect to said residence. Should Husband fail to refinance the marital residence within the above prescribed sixty (60) days, the residence shall be immediately listed for sale and remain on the market until sold. The sale price shall be determined by recommendation of a realtor who shall be jointly selected by counsel for the parties, Any profit or loss resulting from the sale of said residence shall belong solely to Husband, The parties further agree that refinance costs for the marital residence, minus any discount points, will be equally shared between the parties. (3) Commencing on the execution date of this Agreement, any and all homeowners policies, title policies, and any other policy of insurance with respect to the Marital Residence shall be deemed to be endorsed to reflect Husband as sole 4 Initials:~ owner thereof and Wife further agrees that Husband shall be entitled to receive any payments now or hereafter due under any such insurance policy. (4) Commencing on the execution date of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, regardless of when such cost or liability arose, including, but not limited to, the existing mortgage, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in the Marital Residence. (e) Motor Vehicles. Husband agrees that Wife shall retain possession of and receive as her sole and separate property the 1988 Toyota Camry, as well as any other vehicle(s) currently in her possession, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto 21l1d insurance thereon, free of any and all right, title, claim or interest ofHusbarld, Wife shall indemnitY and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorneys fees, incurred in connection with such vehicle(s). Wife agrees that Husband shall retain possession of and receive as his sole and separate property the 1996 Saturn SL2, as wc:ll as any other vehicJe(s) currently in his possession, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife, Husband shall indemnitY and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorneys fees, incurred in connections with such vehicle(s), 5 InitialS~ (d) Furnishino and Personaltv. The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, fhrnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Any personalty or furnishings remaining in the Marital Residence as of the execution date of this Agreement, shall be and remain Husband's sole and separate property, free of any and all right, title, claim or interest of Wife, Any pllrsonalty or furnishings now located in Wife's current residence as of the execution date of this Agreement shall be and remain Wife's sole and separate property, free of any and all right, title, claim or interest of Husband , (e) Life Insurance. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all policies of insurance owned by or insuring the life of the other, including cash surrender value, if any, and also specifically to include a waiver of any beneficiary designation thereunder, (t) Pension and Retirement Benefits. (1) As soon as is feasible under the circumstances, Husband shall transfer the sum of Six Thousand Five Hundred Forty Dollars and Forty Nine Cents ($6,540.49) from his Fidelity Retirement Account into an IRA account designated by Wife, (2) Except as stated in paragraph 5(f)(1) above, Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits not specifically addressed above (including but not limited to pension or profit sharing benefits, deferred compensation plans, 40I(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they shall 6 InitiaJS~ execute any documents pursuant to the: Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. (g) Cash Accounts. Stocks and Investments. (I) Wife agrees that Husband shall retain as his sole and separate property, free from any and all right, title, claim or interest of Wife, any and all stocks, bonds, investments, sums of cash in savings or chedcing accounts, mutual funds, stock accounts, or any other assets of a similar nature which now are titled in Husband's name alone. (2) Husband agrees that Wife shall retain as her sole and separate property, free from any and all right, title, claim or interest of Husband, any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature which now are titled in Wife's name alone, (3) Both parties agree that neither shall access the other's financial accounts in any manner, whether electronically or by other means. All joint financial accounts have been closed and distributed between the parties. Further, each party warrants and represents that all joint credit accounts have been closed and the balances on those accounts paid in full. Each party warrants and represents that he and she have paid in full all obligations on joint credit accounts for which the other party was liable. (h) MisceUaneous Prooertv. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (i) Prooertv to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this 7 lnitws~ Agreement. Husband hereby quitclaims, assigns and conveys to WIfe all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall comrtitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 0) ProDertv to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. (k) AssumDtion of Encumbrances. (I) Commencing on the execution date of this Agreement, Husband agrees to assume all debt relating to the marital residence as set forth in subparagraphs 5(b)(4) above, (2) Commencing on the execution date of this Agreement, Wife agrees to assume the balances owed on any dc:bt held solely in her own name and Husband agrees to assume the balances owed on any debt held solely in his own name, (3) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the effective date of this Agreement. Each party agrees to indemnitY and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be 8 InRUd~ required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this Agreement. (I) Liabilitv Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnifY and hold the other party and his or her property harmless from any and all sUlch debts, obligations and liabilities, (m) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnity her and her property against any d::unages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. (n) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnity him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. (0) Warrantv as to Future Obli2ations. Husband and Wife each represents and warrants to the other that he or she will not any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible, From the date of execution of this Agreement, each party shall use only those credit cards and 9 InituuS:~ accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnifY, save: and hold the other and his or her property hannless from any liability, loss, cost or expense whatsoever, including attorneys fees, incurred in the event ofbrea<:h hereof 6. ALIMONY/SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony m:ndente lite, support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court oflaw or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 7. 2002 TAX RETURNS. The parties agree that they will file joint tax returns for the 2002 tax year and to equally share any refund received or pay any taxes due therefrom, with one exception: Each party is solely responsible t4)r any taxes due with regarding to any individual retirement account. This includes but is not limited to: 401k, 403b and IRA accounts. The parties agree to select a Certified Public Accountant to complete the 2002 tax return and will equally split the tax preparation cost. The parties also agree that all subsequent tax returns will be completed and filed separately, 8. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 9. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the 10 Initials~ . . ' parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the tenns of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 10. WAIVER OF BENEFICIARY DESIGNA nON. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement, If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 11. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to ~3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthennore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and foreve:r abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation 11 InitialS~ . . under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes, (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente l@, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth her,ein, (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of 12 mttW~ . . . Pennsylvania, any state, commonwealth or territory of the United States, or any other country, (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional releascl and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other, 12. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 13. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 14. SEVERABn.ITY. If any provision of this Agreem(:nt is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 15. BREACH. If either party hereto breaches any provision hereof, 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. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 16. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement, 17. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice shall be deemed to have occurred upon the date received by the recipient. Each Innw~ 13 . . party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 18. APPUCABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict oflaw rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 19. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 20. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 21. EFFECT OF RECONcn..IATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and sball not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation, This Agreement also shall continue in full force and effect in the event of the parties' divorce, There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 22. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inSt::rted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect, 23. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties, 24. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including any and all other documents to which it refers, such other InitialS~ 14 ~ . . . documents being incorporated herein by reference; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 25. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonahly fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 26. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contra_::t, Such remedies in law or equity are specifically not waived or releases. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. ctI#lt~i:J 15 I~ " I.. ~ COMMO~F PENNSYLVANIA COUNTY OF J U ~FlI Ai ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared STEPHEN A MACK, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. J)'1n . GIVEN UNDER MY HAND AND SEAL OF OFFICE this -:::IAAJ LI ill It ~ ,2003. day of 1>~ .J tary Public in an for Co onwealth of Pennsylvania ed or printed name of Notary: . ssion expires: \J \ ((.(0 (f'J. A- ::::~O;:~~~_~M. ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared HEATHER S. MACK, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expresse.d. GIVEN UNDER MY HAND AND SEAL OF OFFICE this r~ d-;)..:lD> day of ,2003. ~)V\~ Commonwealth oflhlRRIlS I. aNa. \J I /2..6 , ~ I Pr Typed or printed name of Notary: ~~+he-Vl{u' M. ~ 1\ My commission expires: 5 - 3 \ - ').PJ6 t;; 16 Initials: (") c: cF ti; ~.:;;., ...~;: '" (I) .' -4( .... ~~; ~= ( ) :>-'c: -7 ~ '", o w -." o "T1 .-4 . '1'1 i r-:: , i"1 ; '.:::7 .~., I ('..~,"; , , ,C) /,'i.~ f-, In ~ ~n =< .....J ::J;;; W ::> en . ' HEATHER S. MACK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 02-4575 STEPHEN A. MACK, Defendant : CIVIL ACTION - LA W : DIVORCE PLAINTIFF'S AFFIDA VIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 23, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I 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: .ffi.~rlc\d.ro3 o ~ -Oi"," r\"1I'" -:.7 ~., ., Zl (j)' -~~ - . ;;'-l, i:, /':- ; 5~ )~~~ ,_<i C'; -~..l .--.-' r') c- >.:' ::-:'i ,. .....( (,') . " . . HEATHER S. MACK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 02-4575 STEPHEN A. MACK, Defendant : CIVIL ACTION - LA W : DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OJ' A DIVORCE DECREE UNDER SECTION 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. 4. 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. S4904 relating to unsworn falsification to authorities. Dated: L,~,~3 CJ ~ <:- -01') , D.Jf.j ~~; ! er}' 2.: ~~f_- ~=( I >~:; ~. -, c.~, C~~, ~:-:i -n -.) 0"., "',) ( X") o 853378390 CASE NO. 02-4575 Court of Common Pleas of Cumberland County, Pennsylvania Heather Stephenson Mack QUALIFIED DOMESTIC RELATIONS ORDER vs. Stephen Allen Mack WHEREAS, this Court has jurisdiction over Petitioner and Respondent and the subject matter of this Order; and WHEREAS, Petitioner, Respondent 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, Petitioner and Respondent have stipulated that the Court enter this Order; NOW, THEREFORE, pursuant to this state's Domestic Relations Laws, IT IS HEREBY ORDERED BY THE COURT as follows: 1. As used in this Order, the following terms shall apply: (a) "Participant" shall mean Stephen Allen Mack, whose current address is 44 Gettysburg Pike, Mechanics- burg, PA 17055, and who was born on 8/15/1969, and whose Social Security Number is 202-64-8411. (b) "Alternate Payee" shall mean Heather Stephenson Mack, whose current address is 3213 Ellsworth Street- NE, Roanoke, VA 24012, and who was born on 1/21/1975, and whose Social Security Number is 231-39-4718. (c) "Plan" shall mean Tyco International (US) Inc. Retirement Savings and Investment Pian I. 2. This Order relates to marital property rights. 3. The Alternate Payee is the Participant's spouse. 4. The "Valuation Date" shall be 09/23/2002. 5. The Alternate Payee's interest in the Plan shall be $6,540.49 of the Participant's total vested account balance under the Plan as of the Valuation Date, 6. The Alternate Payee's award is not entitled to earnings (dividends, interest, gains and losses) from the Val- uation Date to the date that the award is segregated from the Participant'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. 7. In the event there is an outstanding loan balance as of the Valuation Date, the loan balance will not be in- cluded 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 account on the date that the award is segregated from the Participant's account. 8. The Alternate Payee's award will be paid from the following investment option(s) based upon the percentage(s) listed as of the date of account segregation: Interest Income Fund - 100%. 9. The Alternate Payee shall have the right to seiect from the avaiiable benefit forms provided under the terms of the Plan at the time the Aiternate Payee becomes eligible and eiects a distribution, The Alternate Payee shall initiate the distribution in accordance with the terms of the Plan and the administrative proce- dures 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. 10. All beneficiary designations will be made after qualification of the Order and segregation of a separate ac- count for the Alternate Payee pursuant to the administrative procedures estabiished for the Plan, 11. The Parties shall cause an original court certified or true copy of this Order to be served on the Plan Ad- ministrator's agent, Fidelity Investments Institutional Operations Company, Inc., forthwith. This Order shall remain in effect until further order of this Court. 12. Nothing contained in the Order shall be construed to require any Plan or Plan Administrator to provide to the Alternate Payee any type or form of benefit or option not otherwise available to the Participant under the Plan, to provide the Alternate Payee increased benefits (determined on the basis of actuarial value) not availab!e to the Participant. or to pay any benefits to the Alterr:ate Payee that are required to be paid to an- other Alternate Payee under another Order, which has been determined to be a OORO before this Order is determined to be a OORO. Attorney for Alternate Payee: ~anne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202, P.O. Box 779 Mechanicsburg, PA 17055 Attorney for Participant: Herbert Corky Goldstein, Esquire 204 State Street Dated: _.fl~f@<!.._!__~!:l Harrisburg, PA 17101 ( Judge of the court>--::1~' _dffi / TRACK NO 853378390 ';~ 9.i':l cf.> O".O~' Appro lid Cl5 fQ {0ff'1\ : / ( ~- ~J,-~l~,OO:3>~ , / ,~ ,) {)o I ;:}Co?:> ( ( I \, Jo .- ',.' ... , 'v1tvV;\7,.\SNN3d '1""--'(';''"' -J~, ,. /-11 '-''-'1.1 11...1\, J . ."-'" '<:~,-n::)ynO c; C : 1/ II~ 9 - SflV [;Q ;\Wh;",_ '-"-11:10 ' "36ticlO-03l~ 269117208 CASE NO. 02-4575 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA- NIA Heather Stephenson Mack vs QUALIFIED DOMESTIC RELATIONS ORDER Stephen Allen Mack WHEREAS. this Court has jurisdiction over Petitioner and Respondent and the subject matter of this Order; and WHEREAS, Petitioner, Respondent 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 :5hall 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, Petitioner and Respondent have stipulated that the Court e"ter this Order: NOW, THEREFORE, pursuant to thiS state's Domestic Relations Laws, IT IS HEREBY ORDERED BY THE COURT as follows: 1. As used In thiS Order, the following terms shall apply: (a) "Participant" shall mean Stephen Allen Mack, whose current address is 44 Gettysburg Pike, Mechanics- burg, PA 17055. and who was born on 8/15/1969, and whose Social Security Number is 202-64-8411. (b) "Alternate Payee" shall mean Heather Stephenson Mack. whose current address is 3213 Ellsworth Street- NE, Roanoke, VA 24012, and who was born on 1/21/1275, and '....;10se Social Security Number is 231,39-4719. (c) "Plan" shall mean Tyco International (US) Inc. Retirement Savings and Investment Plan I. 2. This Order relates to marital property rights. 3. The Alternate Payee is the Participant's spouse. 4. The "Valuation Date" shall be 09/26/2003. 5. The Alternate Payee's Interest in the Plan shall be $6.540.49 of the PartiGipant's total vested account balance under the Plan as of the Valuation Date. 6. The Alternate Payee's award Is not entitled to earnings (dividends, interest, gains and losses) from the Val- uation Date to the date that the award is segregated from the Participant'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. ,II the event there is an outstanding loan balance as of the Valuation Date, the loan balance will not be in- cluded for purposes of calculating Ule account balance to be divided. 11e Alternate Payee's award will be 'tif'.4V/\lASNN3d JJ.NnO~) n!\!IilH'?8WI1O ..." [J'J"'" ~ '''0 "0 G.:J : . ~'!!j c~ -.Lv {" AUI7WN,}i;. . " dO 3':iLJ:~O~.C~:-.!,;_j paid from the non, loan assets in the Participant's account on the date that the award is segregated from the Participant's account. 8. The Alternate Payee's award will be paid from the following investment option(s) based upon the percentage(s) listed as of the date of account segregation: Interest Income Fund - 100%. 9. The Alternate Payee shall have the right to select from the available benefit forms provided under the terms of the Plan at the time the Alternate Payee becomes eligible and edects a distribution. The Alternate Payee shall initiate the distribution in accordance with the terms of the Plan and the administrative proce- dures 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. 10. All beneficiary designations will be made after qualification of the Order and segregation of a separate ac- count for the Alternate Payee pursuant to the administrative procedures established for the Plan. 11. The Parties shall cause an original court certified or true copy of this Order to be served on the Plan Ad- ministrator's agent, Fidelity Employer Services Company LLC, forthwith, This Order shall remain in effect until further order of this Court. 12. Nothing contained in the Order shall be construed to require any Plan or Plan Administrator to provide to the Alternate Payee any type or form of benefit or option not otherwise available to the Participant under the Plan, to provide the Alternate Payee increaS0d benefits (determinadon the basis of actuarial v<:J!ue) not available to the Participant, or to pay any benefits to the Alternate Payee that are required to be paid to an- other Alternate Payee under another Order, which has been determined 1.0 be a QDRO before this Order is determined to be a QDRO. Attorney for Alternate Payee: Attorney for Participant: Herbert Corky Goldstein, Esquire 204 State Street Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202, P.O. . J. 1 Box 779 ('kb" ~- Mecllanlcsburg, PA 17055 -7-7, 03 /c//J,. , Dated. _~<h_~__~__!:<'.4:1 q~ Harrisburg, PA 17101 Judge of the court~~~-.iJ ~ / TRACK NO 269117208 ~ -t, AY<fI. Jo_oJ--03 0--, AP9rC)\J~J CoW -tD ~I'IA'. cr / fCJ / ~{}{)3 , , ~/~/~~ / / HEATHER S, MACK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : No. 02-4575 STEPHEN A, MACK, Defendant CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE I, I, Heather S. Mack, am the Plaintiff in the above matter. 2, I personally know that the Defendant, Stephen A. Mack, is over the age of eighteen (18) years and that he currently resides at 44 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17055, 3, The Defendant is not in the military or naval service of the United States or its allies or otherwise within the provisions of the Soldier's and Sailors Civil Relief Act of 1940 and its amendments, 4, I hereby verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C,S, Section 4904 relating to unsworn falsification to au 60rities. Date: 9. do 7 . 'JetJ'I Signature: "'" = = .J:'" o n -! I (fl o -" :;:J fn:I1 r- -nrn ;.QO ,j~ ~:!'i} ('j:d :>0 om 5S -< Cl :3:: ~ U1 \.f.) HEATHER S, MACK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v, : No, 02-4575 STEPHEN A. MACK, Defendant : CIVIL ACTION - LAW : DIVORCE NOTICE TO THE DEFENDANT IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTERAFFIDA VIT WITHIN TWENTY (20) DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER SECTION 330Hd) OF THE DIVORCE CODE I. The parties to this action separated on September 25, 2002, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken, 3, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is grantedl, 4, I hereby veriJy that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa,C.S. Section 4904 relating to unsworn falsification to authorities. Date: 9.~7.~ro~ Signature: ( , c: ::-.2;'": :2 ....., cc> c-.> "'- c::> n -; 1 c.n o ." .-1 X-r, ","1-'" -0 r-n eel? ~~p ~~ ~)l (~ C')rn 5~! .....J -<: -0 ::::: ~: c..f"J 'D HEATHER S, MACK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : No, 02-4575 STEPHEN A. MACK, Defendant : CIVIL ACTION - LAW : DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under S3301(d) of the Divorce Code, 2, Date and Manner of Service of the Complaint: Service by certified, restricted delivery mail on September 30, 2002, See attached Affidavit of Service, 3. Date of execution of the Plaintiffs affidavit required by S3301 (d) of the Divorce Code: September 27, 2004; Date of service of the Plaintiffs affidavit upon the Defendant: October 12, 2004, See attached Affidavit of Service, 4. Related claims pending: None, Please incorporate without merging the Marital Settlement Agreement of the parties dated January 22, 2003, filed February 3, 2003, 5, Date and manner of service of the Notice ofIntention to File Praecipe to Transmit Record, a copy of which is attached: Service by certified, restricted delivery mail on November 4, 2004. See attached Affidavit of Service, BY: -~~.- Dated: (t/rlel , Je e B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 PA Supreme Court ID No, 68735 Telephone: (717) 790-9546 Fax: (717) 790-6019 ATTORNEY FOR PLAINTIFF HEATHER S, MACK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, No, 02-4575 STEPHEN A, MACK, Defendant CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: I, Jeanne B. Costopoulos, Esquire, verifY that the Complaint in Divorce was served upon the Defendant indicated above on September 30, 2002, by first class, Certified Mail No, 7000 1530 0001 6001 8138, postage prepaid, return receipt requested, restricted delivery, pursuant to the requirements ofPa,R.C,P, g1930.4, By: eanne 8, Costopoulos, Esquire Attorney for Plaintiff 5000 Ritter Road, Suite 202 Mechanicsburg, P A 17055 Phone: (717) 790-9546 PA S,Ct, ID No, 68735 Dated: 42Y/ZCJf / SENDER: COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also compk ,_ item 4 if Restricted Delivery is desired. . Print your name and address on the reve~e so that we can return the card to you. ," . Attach this card to the back of the mailpiece, or on the front if space permits. COMPLETE THIS SECTION ON DELIVERY ;--It:t!?(!11 A- /J1aCK Iff 6eTfrsbUfrJ Ake- fJ1echaJ1lCsblAtg. ~ fA- 17o't;5 ;i 1. Article Addressed to: o Express Mail o Return Receipt for Merchandise DC.a.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number (Transfer from service label) PS Form 3811, August 2001 I eM) It;3o (J(J6 I 6 OD I Domestic Return Receipt WI]?? 1Q2595-01-M-2509 HEATHER S, MACK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, No, 02-4575 STEPHEN A, MACK, Defendant CIVIL ACTION - LAW DIVORCE AFFIDA VlT OF SERVICE TO THE PROTHONOTARY: I, Jeanne B, Costopoulos, Esquire, verify that Plaintiff s Affidavit Under Section 330 I (d) of the Divorce Code and Plaintiffs Affidavit of Non-Military Service were simultaneously served upon the Defendant indicated above on October 12,2004, by first class, Certified Mail No, 7000 1530000160020254, postage prepaid, return receipt requested, restricted delivery, pursuant to the L.,'WfK'WW. ""'::-- 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 PA Supreme Court ID No, 68735 Telephone: (717) 790-9546 A TTf1RNFY FOR PT A TNTTFF requirements ofPa,R.C.P, S1930.4, BY: Dated: (/!Col!z'fl'! SENDER: COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you, . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: , 51€p^M A, {nt(ck Lj~ 6tfhJ)h~'j Pike..- ;t\tC.~M,oc~JlAIJ P4 I 170S'S- D. Is delivery address different from item 1? If YES, enter delivery address below: 3. Service Type ..a:rcertifled Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise OCoO.D. 4. Restricted Delivery? (Extra Fee) &l'.s 2. Article Number (Transfer from seNice label) PS Form 3811 , March 2001 (dOO 153D c 00/ 6ooz.. OZ'>y Domestic Return Receipt 102S9S-Ql-M.1424 . . HEATHER S. MACK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, No, 02-4575 STEPHEN A. MACK, Defendant CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: I, Jeanne B, Costopoulos, Esquire, verify that the Notice of Intention to File Praecipe to Transmit Record and Request Entry of Divorce Decree was served upon the Defendant indicated above on November 4, 2004, by first class, Certified Mail No. 7000 15300001 60020292, postage prepaid, return receipt requested, restricted delivery, pursuant to the requirements ofPa,R,C,P, 91930.4, BY: ~ //' ;r~e B. Costopoulos, ~---- 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 PA Supreme Court ID No, 68735 Telephone: (717) 790-9546 ATTORNEY FOR PLAINTIFF Dated: Illzi/z,ovy . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: 7+f(JAp.;1 A, /f1~Jc tfc{ Of~)b~{1 rik~ ll\at1.i1J1.{(S~ti{.J' P~_. I7C')S , . /[ l,--< 0 Agent v-- 0 Addressee DYes o No o Registered o ln~red Mail ~ Express ~j1 o Return Receipt for Merchandise o C.O.D. ~.. 4. Restricted Delivery? (Extra Fee) ..a::.ves 2. Article Number (TranSfer from service label) PS Form 3811, March 2001 70 dO 1<; 30 Cl'e ( {tiJ~ (' 761-;> J ......-/..... , Domestic Return Receipt 102595-Q1-M"1424 , . ~ -, -n i;, I"') \.f,' ,...."0 c..' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ++++'f++++++ ~++++++++++++ +++++++++.+++++++++++++++ +++++ ++++++++++++++++++++++++++++++++~ . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNA, STATE OF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HEATHER S. MACK, No. 02-4575 Civil Term Plaintiff VERSUS STEPHEN A. MACK, Defendant DECREE IN DIVORCE 3o~ . :too'!. IT IS ORDERED AND AND NOW, Alov~~ HEIITHRR ~. MIICK DECREED THAT , PLAINTIFF, STEPHRN II M2U""K , DEFENDANT, AND 3, . . . . . . . . . . . . . . . . . . . in this Decree in Divorce by reference' . . . . . . . . . . . . . . . . . . . . . . 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; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that the terms, provisions and conditions of a certain Marital Settlement Aqreement dated Januarv 22, 2003, and filed February .!l.o "",t ru~th he~eill at length. ::;aia Agreement but shall survive this Decree in Divorce. By THE CRT: +++++++++++++++++++++++++++++ ++'+'+++++ +.:t'++++++++ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . shal J. . i' +. f':+,.t ,/)p ;!' ~tr'"M/ 7"fJ1/4 /hl ~ fiz-77- ;'?T7VV ~} '/'9 /,J' . ' . ?".u <: c' <, 0/