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Home My WebLink About97-00889 " to , ':f':' ,:Co' ':.:- ,:c, ':.:,'>:- ':C- ',:c, <<<-' .:.:' oZ' ':.:' ':.:' ':.:' ':.:' ':.:. .:+:' ,:.:. ':.:- ,:.:.~:,:+:-::,:.)::,:.)::<.:-.:tt:;.' ,:.:,1'.11} ->>::<C<)<lI ~ ..,' - ~~'l;l , ~ ?- ~ . . ~ . - -'. , " . - ,. ~, ~ ~--~--~--------~*-~.~.~~* ~ ~.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF *' PENNA. " ~ 8 ~ 8 ., ~ e " " .' ~ JEFF~E:X..~, Ji\MISON,.... ..,.... ,'.. Plaintiff " N (),...n::,~,~,~..,. ................, 19 " " ~. " Versus ~ ',' c::HERYL L.J1\M~SON, .. ....... I ~ ... Defendant.. ~ ',' ." ~, ~ .:, ~ DECREE IN DIVORCE AND NOW, "'~~.,~."..,',... 19~?,." it is ordered and decreed that".,..,.,.,.... ,~/?n.r.~Y, '~" ,YPJ'lli,!;9n.,..""".,. plaintiff, and", " ., ".., , " " " ., ." ",~~~7;r'.I, ,~.., ,~~~~~,~~, . " ",.,'. defendant, are divorced from the bonds of matrimony. .', ~ ~l 'i ~ I. M " ~ ~ ~ ..- ~ ," r:i ~ 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; ., ~ ~ ~. ~ ~. , , .l'!9!1~,... . '!-'!1,~ ..'!,t!:.a.c:;l:t~~. .I?9!>.t,-:~\lP.t.i,'1-~, 1\gr;/?!i!J'llElI:1J:, .i,~. j.Jl.qQ+p.o,:t;qt:~.d. '. ., .Q\lJ:. .l\Q1;.. \ll,e.:t;g~d, .i,I:1. ~,hi,!;, P,e:(m:!~" , " .. "" ., .. , . " "'" , .. ,.,'. .."" " ~ ~;.// / Dy Th Co rt~ Att t,...J.~ '~~ J, es LxCHtk.11-'-~ rr ~ -./ ....., c' . e;t,~,' .....~ 71 J V ~hI i/ '-r::/~ t: 11.; /' /'~ 'r? . Y .. .. ,f' Prothonotary 8 ~ ;;, !' " !' 8 ?- ~ ~ ~ -~~-- ~.:- ->>:- -:.:. .>>:. ";. ~ 8 .', ~ ~ '.' ,;,; " 8 ~ w '.' ~ .,. a ',' ~ ~. ~ ,,' ~ ~> ~ .... ~, ~ '.' t'; ~ ~ 8 ,:, ~ ~ ~.' ~ ~.' ~ ~.~ $ ~ '," ~ ',' *- '.' ~ ... ~ * ~ * )~ ) , )~ , ' , )~ ('.' I. (;0; /,,- (.', I:!: ~ live separate and apart from each other; and WHEREAS, on February 21, 1997 Husband commenced an action in divorce docketed to No. 97-889 civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania (hereinafter the "Divorce Action"); and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status and with respect to the terms and provisions of this Post-Nuptial Agreement And the meaning and legal effect thereof: Husband by Keith O. Brenneman, Esquire of Snelbaker, Brenneman & Spare, P. C. and Wife by Andrea L. Jacobsen, Esquire of Jacobsen & Milkes; and WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's property and their jointlY owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs. LAW 0"11:1:1 SNELDAKER. BRENNEMAN &: SPARe -2- , NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: 1. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. 2. MUTUAL SEPARATION. Husband and Wife shall be free from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble or interfere in any way with the other or with any person for associating with the other. 3. DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION. The parties declare and agree that they have, prior to the execution of this Post-Nuptial Agreement, voluntarily agreed to divide and have physically divided and distributed between themselves all assets which they acquired during their marriage, whether or not said property is or would be deemed to be marital property under Pennsylvania Divorce Code and subject to equitable distribution. The parties further declare and agree that prior to the execution hereof, they have voluntarily distributed LAW O'I"ICCS SNELBAKER. BRENNEMAS a SPARE between themselves all assets and property which each brought with them into their marriage. -3- . The parties declare and acknowledge that they are fully aware and familiar with all assets and real property that each has brought into the marriage and that has been obtained or acquired separately or jointly by them during the course of their marriage and therefore waive any valuation thereof. Each party expressly releases the other ,of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed by the other party and hereby declares and acknowledges that the voluntary division by them of all property, whether marital or not, is fair and equitable. 4. MARITAL RESIDENCE AT 2139 COUNTY LINE ROAD. YORK SPRINGS. PA. Husband and Wife acknowledge that they acquired during their marriage real property improved with a residence located at 2139 County Line Road, York springs, Adams County, Pennsylvania (hereinafter "marital residence"). It is further acknowledged the parties that the marital residence closing on the sale is scheduled for on has been sold and the :Lft<:. ~O C- or before ~ 13, 1997. The parties agree that at the closing on the sale of the marital residence, they shall divide equally the net proceeds of the sale of the marital residence after payment of all closing costs and payment of the mortgage encumbering the marital property held by Standard Federal Bank, F.S.B. LAW o,.,.CI:S SNELBAK~R. BRENNEMAN a: SPARE 5. TAXES. Husband and Wife agree to indemnify and hold each other harmless should either party have to pay any taxes, -4- , . interest and/or penalties assessed as a result of any error in the reporting of income and/or in the preparation of any tax return by the other party during the years in which they were married. The parties agree to divide equally any capital gain realized for the sale of the ,marital property. Each party agrees to be fully and solely responsible for payment of any capital gains tax (federal and state) assessed against his or her half of the net proceeds from the sale. Each party shall indemnify and hold the other harmless from any liability arising out of the other party's failure to pay any capital gains tax. 6. AUTOMOBILES. The parties acknowledge that they acquired during their marriage a 1994 Chevrolet Blazer which is titled in both the names of Husband and Wife. Wife has prior to execution hereof transferred her title ownership in said vehicle to Husband, as a result of which Husband does have sole possession, ownership and use of said vehicle free of any claim by Wife. Husband agrees to pay the debt secured by the Blazer to Adams County Bank and further agrees to hold harmless and indemnify LAW O,.,.ICl5 SNE\..DAKER. BRENNEMAN a SPARE Wife pertaining to same. Wife agrees to execute all documents/1~ necessary to accomplish the transfer of title and ownership. ~~ Wife solely owns, possess and uses a 199/~ontiac Bonneville. C The parties acknowledge Husband transferred his ownership interest in same to Wife prior to the date of this Agreement. -5- . . 7. PURCHASE OF RESIDENCE. The parties acknowledge that Husband has signed a contract and is in the process of obtaining financing for purposes of purchasing a residence at RR #2, Box 2A, Loysville, Perry County, Pennsylvania (hereinafter "Husband's residence"). 'Wife hereby acknowledges and agrees that she hereby waives and releases any right, title, claim or interest she has or could have in or to Husband's residence. Husband agrees to execute any waivers and/or releases required by wife or Wife's lender pertaining to any real estate she may purchase in the future. Husband hereby waives and releases any right, title or interest in and to real estate purchased by Wife now and in the future. 8. DIVISION OF LIABILITIES. The parties declare and agree that they have divided and allocated between themselves all debts and liabilities, whether or not incurred by them during the course of their marriage and whether or not same are specifically addressed herein. 9. FUTURE OBLIGATIONS. The parties agree that any and all obligations incurred subsequent to October 28, 1996 shall be the sole and separate liability and responsibility of the party incurring the obligation and each party agrees that he/she will not incur or attempt to incur any obligations for or on behalf of LAW O,.,ICU SNELBAKER. BRENNEMAN 8: SPARE the other party and will indemnify and hold harmless the other party of and from any and all liability arising from such future obligation. -6- . . . 10. COUNSEL FEES. Except as otherwise expressly provided herein, each party to this Post-Nuptial Agreement shall be responsible for paying his or her own counsel fees and related costs associated with the processing of the Divorce Action and the negotiation, execution and consummation of the provisions of this Post-Nuptial Agreement. 11. PENSION. RETIREMENT PLANS. BENEFITS AND EMPLOYMENT BENEFITS. The parties acknowledge that Husband has a 401K Plan through his employment at Richfoods of pennsylvania valued at $60,000.00 and that Husband is fully vested in said Plan. The parties further acknowledge that prior to their separation, two loans were taken against Husband's Plan benefits in the aggregate amount of $22,000.00, which is marital debt. Husband agrees to be solely responsible for the payment of said loans. Husband further agrees that effective the date of this Agreement he hereby relinquishes to Wife the sum of $19,000.00 from his retirement account, which sum shall accumulate interest in the proportion that that sum bears to the whole account up to the time said sum is transferred into a separate retirement account to and for the benefit of Wife and in her name alone pursuant to a Qualified Domestic Relations Order. Husband and Wife agree to cooperate and assist in the transfer noted above by signing all documents necessary to accomplish same and to assist and/or LAW OP'PICU SNELUAKER. BRENNEMAN 6 SP^RE participate in any court proceedings necessary to have a Qualified Domestic Relations order or other appropriate order or -7- decree issued that would be required by Prudential or appropriate under applicable law to accomplish the proper transfer of the portion of the account noted above. 12. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE. Each party waives and forever releases the other party of and from any and all claims which either may have against the other for spousal support and for all claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 13. DIVORCE. The parties agree to terminate their marriage by mutual consent without counselling and each agrees to execute simultaneously herewith the necessary affidavits, waivers and consents to procure a consensual divorce under the provisions of the Pennsylvania Divorce code, such documents to be filed in the Divorce Action pending between the parties in cumberland county at No. 97-889, Civil Term. Husband agrees that he shall be responsible for all costs, except Wife's attorney's fees, associated with the finalization of the divorce action between LAW O'''ICU SNELBAKER. BRENNEMAN a SPARE the parties and that he shall undertake all steps necessary to have a final decree entered in the pending Divorce Action within -8- ninety (90) days of the execution of this Agreement unless the parties shall 'mutually agree to the contrary. 14. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right 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 hereby 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 at 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 from the obligations and promises made or imposed by reason of this Agreement. 15. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post-Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, LAW O"ICU SNELBAKER. BRENNEMAN a SPARE interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the pennsylvania Divorce Code. The parties agree to -9- I incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. 16. COOPERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post-Nuptial Agreement. 17. VOLUNTARY EXECUTION. The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect fully explained to them by independent counsel of their choosing and each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge th~t they have been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them. 18. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than LAW O,,'ICr.1 SNELBAKER. BRENNEMAN &: SPARE those expressly set forth herein. The parties acknowledge and agree that the provisions of this Agreement with respect to the -10- distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to the pennsylvania Divorce Cods or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 19. BREACH: INDEMNIFICATION. If either party hereto breaches any provision hereof, then the nonbreaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies or relief as may be LAW o".ctl SNELBAKER. BRENNEMAN 8r: SPARE available to him or her, and the defaulting party shall be responsible for payment of all reasonable legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. Each party agrees and covenants to indemnify and hold harmless the other party from dny and all liability and/or -ll- claims and/or damages and/or expenses (including attorneys' fees and expenses of litigation) that the indemnitee may sustain or may become liable or answerable in any way whatsoever, or shall pay upon, or in the consequence of, the indemnitor's breach of any obligation, term or covenant of indemnitor under this Agreement, including, but not limited to, indemnitor's obligation to make any payment provided for herein. 20. WAIVER. The waiver of any term, conditions, 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. 21. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 22. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been used only for the purpose of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement. 23. EFFECTIVE DATE. This Agreement shall be dated and become effective on the date when executed by the latter of the two parties. LAW O'I"ICE. SNEL.DAKEA. BRENNEMAN a SPARE IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first above written -12- JEFFREY L. JAMISON, : Plaintiff : IN TilE COURT OF COMMON PLEAS : : CUMBERLAND COUNTY, PENNSYLVANIA : VS. : CIVIL DIVISION : NO. 97-889 CIVIL TERM CHERYL L. JAMISON, : Defendant 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 S3301(c) ll~k~~~l of the Divorce Code. (Strike out inapplicable ~ectionl. 2. Date and manner of service of the complaint: personal ___~ervice on February 25, 1997 (see Affidavit of Service filed he~ein) 3. Complete either paragraph (al o~ (bl. (a) Date of execution of the affidavit S3301(c) of the Divorce Code: by plaintiff of consent required by by defendant July 9, 1997 (b)(l) Date of execution of the Divorce Code: .1111y ?n, 19q7 of the affidavit required by : (Z) Date of filing 5330lld) and service of the plaintiff's affidavit upon the r~spondent: 4. Related claims pending: Nnnp 5. Complete either (alar (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit r~cord, a copy of which is attached: (b) Date plaintiff's filed with the Prothonotary: Date defendant's filed with the Prothonotary: waiver of Notice in S3301(c) Divorce w~s July 20, 1997 Waiver of Notice in S3301(c) Divorce was July 9. 1997 J4~'ftIu... - Attorney for (Plaintiff~~ ~ (") ~ c: 1-' .. ;~~;~ IJJQ u". :II:: (~):.L: ftCl '-?' < .:",,?:i @e, ,.., .~:6) U: N ,.1;~ 'rz u:l'i -' '!:LiJ ;!: =:> L_a.. """1 ..: u.. r- ::> 0 en U LAW O,.FICES SNELBAKER. BRENNEMAN 8r: SPARE JEFFREY L. JAMISON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97- ~~q CIVIL ACTION - LAW v. CIVIL TERM CHERYL L. JAMISON, Defendant IN DIVORCE N 0 TIC E 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 for 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 that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TilE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator One Courthouse Square Carlisle, Pennsylvania 17013-3387 (717) 240-6285 SNELBAKER, BRENNEMAN & SPARE, P.C. l By:_K -{''(l/t,,1M.. Attorneys for Plaintiff 6. Neither party is a member of the armed forces of the United states of America. 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. The Plaintiff requests this Court to enter a decree of divorce. COUNT II - EOUITABLE DIVISION OF PROPERTY 10. The Plaintiff and Defendant have legally and beneficially acquired both real and personal property during their marriage from August 4, 1979. 11. The Plaintiff requests this Court to equitably divide all marital property and debts pursuant to Section 3502 of the Pennsylvania Divorce Code. WHEREFORE, the Plaintiff requests this Court to: (a) enter a decree of divorce, divorcing the Plaintiff from the bonds of matrimony; LAW O"ICII SNELDAkER. BRENNEMAN a SPARE -2- JEFFREY L. JAMISON, . IN THE COURT OF COMMON PLEAS OF . Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97- l,q CIVIL TERM CIVIL ACTION - LAW CHERYL L. JAMISON, . . Defendant IN DIVORCE AFFIDAVIT JEFFREY L. JAMISON, being duly sworn according to law, deposes and says: 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 Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do HQI request that the court require 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. S 4904 relating to unsworn falsification to authorities. LAW O....ICEl SNELBAKER. BRENNEMAN 8: SPARE Date: February 20, 1997 c... tJl CD Z -( - /. UJ 'l. /. < u.J ci a:I '< ~ <: , -' ... " <: /, r ~ Z ri. 'J , t <: ~ !. . In ,^, o C:: <: z <: : ;... ..J " r - cO) ,/ Z /. Z ;; u.J ::= c.. ,- 0 - ri. , " '" ~ Q z :;; ... u w ::: r.~ c' - " c':: Uj~ ,.' c', (,: . '0. L... (,.)'( :'1 (!,' C~l " l1..' , _..1. , L " " .,~ I', :- I, C', , . JEFFREY L. JAMISON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA u. : CHERYL L, JAMISON, Defendant . : NO. 97-889 CIVIL TERM : CIVIL ACTION - LA W : : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You haue 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 diuorce 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 uisitation of your children, When the ground for the diuorce is indignities or irretrieuable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is auailable in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsyluania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAwYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HA VE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, COURT ADMINISTRATOR, FOURTH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 TELEPHONE: 717-240-6200 JEFFREY L. JAMISON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : v. : CHERYL L. JAMISON, Defendant : NO. 97-889 CNIL TERM : CNIL ACTION - LAW : : IN DIVORCE ANSWER TO COMPLAINT COUNT I - DIVORCE AND NOW COMES the above-named Defendant, CHERYL L. JAMISON, by her attorneys, JACOBSEN & MILKES, Andrea C. Jacobsen, Esquire, and makes and answers the Plaintiffs Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. No answer required. COUNT II - EQUITABLE DNISION OF PROPERTY 10. Admitted. 11. No answer required. WHEREFORE, Defendant requests this Court to: . Award Defendant reasonable coullsel fees, expenses and costs in this matter; . Award Defendant reasonable alimony and alimony pendente lite; and . Grallt such further relief as it shall deem proper alld just. RespectfullY submitted, BY: Andr C. acobsen, Esq. JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 20952 -- C'I ?:: f:r; -" ~ N z 0 --, ;~. ;~ ~:., u"-. ...C\ :t: I"_':dt I..~ "- -' ~L~' ~';~ ('. ~U, N ,- ~.. u:~~- ::; :,',,;) F=- ...., (:~:1- ~ .'! r- :::l 0' (.) ~ C'I r':: ..:J --- F. .. '- ~.-. N ~~;0 ~6 ::r: '~ '" ... Of! n. .,. :"'1':"":; C1 .. .-- U N ~.~~ ~u' ...; ..'- _I ~::: ;.... ..0:-.' => .llL.iJ F- ...., 1:1 Q.. t5 .."0: r- :'.:) 0' (.) LAW Ol'I'ICE8 SNELBAKER. BRENNEMAN a: SPARE , , . JEFFREY L. JAMISON, IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. NO. 97-889 CIVIL TERM CIVIL ACTION - LAW CHERYL L. JAMISON, Defendant IN DIVORCE AFFIDAVIT CHERYL L. JAMISON, being duly sworn according to law, deposes and says: 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 Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do NOT request that the court require 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. S 4904 relating to unsworn falsification to authorities. Date: 1 ' 9 ~!t7 it: N .... -= f_ a;; ..,. ~r~ N =s:": ,'. :~~: 0 ~'- J_ :. C- "1:'.1 O~. ~f.' ~ . '.- :.J... ~i~ l), N . .!-. a:;g -' ',::;--= 1".1 iU ::J :0',0- ...., ...," ,: ~ r- ::> 0' (.) '. . " ... . . . . ~, JEFFREY L. JAMISON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . . v. . NO. 97-889 CIVIL TERM . : CIVIL ACTION - LAW CHERYL L. JAMISON, . . Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 33011CI OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on the 21st day of February, 1997. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) 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. S4904, relating to unsworn falsification to authorities. Date: 7/doJr7 , ,. ( ( LAW on'leu SNELBAKER. BRENNEMAN a SPARE """"- ~ (') ~ c. ~ .' '.:'< 0 - :::):;.;.. w-.. - c..)(~ :I.: ,) "':,: a:jl:' ..;;: - . ~'~ ~.- , - - - ~, ;j;'~ ,. . , c N ;~.I ;-:; cr.:"., :5 ~_ i! l'D ~! 1 a... F- ...., ~ u_ r- :::J 0 0' U ~ >- C") ~ a; C' ~ .. :"5.- U10 - ~):.';; ~t' c) :oc \.)~~ IL~_ .:.; ,'~:j ~C' "En u.~ I"') ,., l N -')~< '-' _J 'y-". (LtL .t~liu T => . .lo... r- ...., ~ LL r- :s 0 0' U 5. That portion of the aforementioned Plan that is allocated to Defendant is marital property of Plaintiff and Defendant. The Alternate Payee shall be entitled to receive from the Plan the transfer of interest of the Richfood of Pennsylvania Employee Investment Opportunity Plan in the amount of NINETEEN THOUSAND ($19,000) DOLLARS, from Participant's Retirement Account along with investment gains/losses from June 27, 1997 to date of transfer with such investment gains/losses being in that proportion that the trunsferred sum bellrs to the whole account up to the time said sum is transferred. The Alternate Payee shall be entitled to receive from the Plan of the transfer of said sum and investment gains/losses by action of this Qualified Domestic Relations Order, hereinafter QDRO. This QDRO is in accordance with Page 7, paragraph 11 of the Post-Nuptial Agreement, dated June 27, 1997, between the Participant and the Alternate Payee. 6. As soon as practicable, the Plan Administrator will sever the parties' respective interests in the Plan into two separate accounts being one for each party. 7. The Court reserves jurisdiction to make such further orders relating to these benefits that are necessary to carry out this Qualified Domestic Relations Order. 8. From and after the date of this QDRO, with respect to the Alternate Payees' interest in such Plan, created and recognized herein, and Alternate Payee shall have the sole and exclusive right: a. To solely direct and manage the investment of her interest in the 2 .' Plan. b. To withdraw her interest in the Plan. c. To transfer or roll over her interest in the Plan to an individual retirement account for her benefit; d. To designate the beneficiary of her interest in the Plan in the event of her death without regard to any beneficiary designation made by the participant with respect to Participant's interest in said plan. 9. This QDRO is drawn pursuant to the laws of the Commonwealth of Pennsylvania regarding the equitable distribution of marital property between spouses and former spouses in actions for dissolutions of marriage. 10. Nothing in this QDRO shall be construed to require any Plan or Plan Administrator: a. To provide to the Alternate Payee any type or form of benefit or any option not otherwise available to the Participant under the Plan; b. To provide to the Alternate Payee increased benefits not available to the Participant; or, c, To pay any benefits to Alternate Payee which are required to be paid to another Alternate Payce under another Order determined by the Plan Administrator to be a QDRO before this document is determined by Plan Administrator to be a QDRO. 11. Copies of the QDRO shall be served by the attorney for Participant on Plan Administrator, who shall: 3