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HomeMy WebLinkAbout00-05317 ~'. ~', ~~~~~~~~~~~~~~~~~~~~~~-~~~~~~~~~ ~ -. ~ ~ ~ ~ ~ . ," M ~ ~ t1 IN THE COURT OF COMMON PLEAS ~ ~".' a ~.~ ',,' ~ & S i ~ Ii i'1... ..' , . '.' ',' ~~~~~~~~~~~~~~~~~~~~ :,.,~ ~ ,,'C, ~ iil ;'l W Iil'l ~'.~ ~ -"/ ~ ':-~i ~ ~ ~.~ ~ -"l ~ !Ii ~.~ ~ h ~ ; ~,,; 'i"~ ~ ii.. ~.~ ~ a ~"; ~. '. I ~~:' ii a Ii'.., ,." I ~ ~ ~.~ ",,' .,..~ ~ ~.~ ~ ~"; ~ A '" OF CUMBERLAND STATE OF '*' COUNTY PENNA. CHERYL LYNN PAINTER nnn.n...._nn I II N o. n2..~.~.O'::-.~}1. 7 .........n.......19 __u___ __l'l.<iini:i:Ef. Versus MICHAE~_~~~~_~~I~~~ .. _u _ _ _ pe:Ee,mI<lD-_t_ DECREE IN D I V 0 R C E . y) A.tv" AND NOW, ... .~~. .~?..... ,"Jte.~.~.~ ~'iS ordered and decreed that ..... ~.~~~r;L. .J;.Yrr. .~~;r.N.'J;J;:~. . . . . . . . . . . . . . . . . . . . " plaintiff, and. . ..~;r~.~~J;:~. .q~~!,. .~~n'l.T.F;~.. . . . . . . . .. .. .. . . . . .. . . .. . . ", defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; .l!'10NE............... .................................. ..................... Atte~t:;/ ""A~_ u--.nn~.t!MIf4n~7u Prothonotary ~.~ ~ ~ ",.", ~ ~~ ~ ~~~ ~~i .~ ,<". ~~~ ~ ~ ~~~ * a ~~~ ~'s I ",,:< ;;;' ~ ~.~ >,,^, j ii.~ ~ ~.~ . r' ~1 I ,,'0, '''~ ~ ~.~ I i',. ~ ~ ~ .,'0. ~ ~\ ~~; ~ ~:~ ~ ~.~ ~.i ~ ',c,' ~ ~.~ h ~ a ~.,~ ~ ~.,~ ~ ~.~ J. ~ ~.~ .~ ~.~ ~ ...~ ~ ~.~ ~ . ~ ...~ ;:.~ ~ ~ ::.::.::.;~ )::.::<::~::.::< >t+::~~: :::~:.::~,;: :::.:+::~:: :---::.::<< >::..::<>::.::.... >::.::~:: . , ,- '~, -: ' lIIilIIIIi . .= ~lIlTill } JiillI"'~ /. l7.cJd) /-J7-C!d " ..",.,.\., ,'" lIiIIllI!II"""'--'"', " I ~~ d/ ~<~d $-.-4.. ~cY /7~~.$~' .' ',; I' F Ii Ii " ';': I ~ ! " " :i :'1 ~ i } U\ ~ i'; 'i i ~; 1:1 II '1 I,,: Ii Ii 1 I, Ie' ,I Ii II ,I i: 11 ~ ,I i I I 1-- " 'fL. !. ~ CHERYL LYNN PAINTER PlaintifflPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2000 - 5317 CIVIL TERM : IN DIVORCE/CUSTODY v. MICHAEL DALE PAINTER Defendant! Respondent PROPERTY SETTLEMENT AGREEMENT This Agreement is hereby made and entered into this / q 1'4 day of tk./..oW , 200 I, by and between CHERYL LYNN PAINTER, "Wife," and MICHAEL DALE PAINTER, hereinafter "Husband." Witnesseth: Whereas, marital differences and difficulties have arisen between the Parties, and Whereas, Parties have separated physically and intended to continue to live apart and desire to forever completely settle, determine and provide for the support of Wife, separation of their marital and nomnarital, real and personal, belonging to either and/or both of the parties hereto and all other rights, entitlements, benefits, and privileges involved between the parties hereto arising directly or indirectly out of the marriage relationship, and Whereas, Parties have had adequate time and opportunity to consult with separate legal . counsel of their own, and Whereas, both Parties acknowledge that they are satisfied with the legal advice they have received and understand the full importance of the Agreement they are entering into; Now, Therefore, the parties, in consideration of the foregoing premises, and the mutual promises and undertakings hereinafter set forth, agree as follows: I. RIGHT TO LIVE SEPARATE It shall be lawful for Husband and Wife at all times hereinafter to live separate and apart from each other and to reside from time to time at such place or places as he and she shall respectively deem fit, free from any control, restraint or interference, direct or indirect, by each other. The foregoing provisions shall not be taken to be any admission on the part of either MOP ~ ,/' CLP C. 1:P Page 1 of 12 ~ ~. " ~ """""-", ~," I .' 1"- r' ~ Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 2. FREEDOM FROM INTERFERENCE Each party shall be free from interference, authority and contact by the other as if he or she were single and unmarried except as necessary to carry out provisions of this Agreement. Neither party shall harass the other or attempt to endeavor to harass the other, nor compel the other to cohabit with the other, or in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. DISTRIBUTION OF VEHICLES Wife shall assume all payments, including all loan, insurance and repair bills connected with any vehicles presently in her possession including, but not limited to, her vehicle. Husband shall assume all payments, including all loan, insurance and repair bills connected with any vehicles presently in his possession including, but not limited to, his vehicle. 4. DISTRIBUTION OF POSSESSIONS As of the date of the execution of this Agreement, the parties shall transfer and assign their rights, title, claim and interest in specific property. Wife shall have as her own, free and clear of any claims of Husband, all of the items, household goods, furniture, furnishings, appurtenances, and appliances which are in her possession. Husband shall have as his own, free and clear of any claims of Wife, all of the items, household goods, furniture, furnishings, appurtenances, and appliances which are in his possession. 5. DISTRIBUTION OF PERSONAL PROPERTY It is further agreed that both Husband and Wife shall retain as his or her own any and all personal effects, clothing, and personal jewelry. The parties further agree that any property not assigned in this Agreement as marital or nonmarital property will be deemed the property of the physical possessor of said property. 6. RETIREMENT ACCOUNTS Husband's pension with the ;J4+~,'ns dip,\- lin.e.s. II'><.. shall be divided pursuant to a Qualified Domestic Relations Order which shall award Wife $12,500.00 which shall be segregated MDP ~ it;:J CLP (! ~--r:' Page 2 of 12 , i- \' ~ until Wife can roll said assets into an acconnt of her choosing. Husband shall take all steps necessary to cause said Qualified Domestic Relations Order to be drafted, entered as an Order of . Court and delivered to Husband's pension administrator within thirty (30) days of the execution of this agreement. 7. JOINT ACCOUNTS The parties shall stop using all joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from such accounts. The parties further specifically agree that all bank, savings, cash and checking accounts shall become the sole property of party named on the account. 8. MARITAL LIABILITIES Unless otherwise set forth herein, Wife assumes full responsibility for any indebtedness which she has contracted or incurred in her name, alone or jointly, after the date of separation. Unless otherwise set forth herein, Wife represents and warrants to Husband that, since the filing of the divorce action, she has not contracted or incurred any debt or liability, for which Husband or his Estate might be responsible, and shall indemnify and save Husband harmless from any and all claims or demands made against him or his Estate by reason of debts or obligations incurred by Wife and/or assumed herein. Unless otherwise set forth herein, Husband assumes full responsibility for any indebtedness which he has contracted or incurred in his name, alone or jointly, after the date of execution of this Agreement. Unless otherwise set forth herein, Husband represents and warrants to Wife that, since the filing of the divorce action, he has not contracted or incurred any debt or liability, for which Wife or her Estate might be responsible, and shall indemnify and save Husband harmless from any and all claims or demands made against her or her Estate by reason of debts or obligations incurred by Husband and/or assumed herein. The parties shall be filing a joint bankruptcy in an effort relieve themselves of various debts. MDP ~ /J'/ CLP c ii(' p Page 3 of 12 i~ . T.~ '~l<I<ft I" '. t', , \' , 9. OTHER MARITAL ASSETS During the course of this marriage, the parties purchased a marital residence located at 110 Mountain Road, Newville, Pennsylvania. The parties have agreed to surrender the martial residence to the mortgage company as a part of their bankruptcy. Any proceeds or exemption available to the parties as a part of the bankruptcy proceeding shall be divided equally. 10. TAX LIABILITY The parties hereto believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax return 11. MUTUAL RELEASE Subject to the provisions of this Agreement, each party waives his or her right to alimony any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with Pennsylvania's Divorce Code. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all caused of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for divorce and except any or all caused of action for any breach of any provision of this Agreement. Each party also waives his or her right to request marital counseling pursuant to Pennsylvania's Divorce Code. 12. ALIMONY Both parties mutually waive all spousal support or alimony from the other. Both parties acknowledge and agree that the provisions of this Agreement providing for the waiver of alimony are fair, adequate and satisfactory based on actual need, ability to pay, duration of the marriage and other relevant factors taken into consideration by the parties. Although the approval of this Agreement by a court of competent jurisdiction in connection with this action in divorce filed by MDP /Z..r 1/1,LJ CLP C 4fP Page 4 of 12 " ..: \ Husband or Wife shall be deemed an order of the court any may be enforced as such, this Agreement, insofar as it pertains only to spousal support and the payment of alimony following the entry of a final Decree in Divorce between the parties, may not be modified, suspended, terminated or reinstated at the instance of request of either party, or subject to further order of any court upon changed circumstances. Upon that condition, both parties hereby accept the provisions in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for spousal support or alimony and both parties voluntarily and intelligently waive and relinquish any rights to seek a modification, suspension, termination, reinstatement, or other court order with respect to the terms of this Agreement pertaining to the payment of support or alimony. 13. ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES Both parties hereby acknowledge and accept that the provisions of this Agreement providing for the equitable distribution of marital property are fair, adequate and satisfactory to them. Both parties agree to accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees any expenses during and after the commencement of any divorce proceeding between the parties. 14. INCOME TAX RETURNS Each party shall be solely responsible for any and all Federal, State and Local tax liability beginning in 2001 and thereafter. Each parties shall have the exclusive right to any and all refunds based on their Federal, State and Local tax returns beginning in 2001 and thereafter 15. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the martial relationship, including, without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be MOP 'i1p-/, CLP C ~ p Page 5 of 12 -""I , , - " necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 16. AGREEMENT NOT PREDICATED ONDNORCE It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other party, or from making any just or proper defense thereto. 17. SUBSEOUENTDNORCE There is a divorce filed by Wife against Husband in Cumberland County. The parties hereby mutually consent to a divorce and the entering of a divorce decree on the no-fault grounds that their marriage is irretrievably broken pursuant to 93301(c) of the Pennsylvania Divorce Code. Parties herein shall execute Affidavits of Consent and a final decree in divorce will then be obtained. 18. BREACH AND ENFORCEMENT If either party hereto breaches any of the provisions of this Agreement, the other party shall have the right to bring any actions or actions in law or equity for such breach, and the breaching party shall be responsible for the payment of all costs and reasonable legal fees incurred by the other party in enforcing his or her rights under this Agreement. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either party in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum MDP 'lAt t7 /' CLP (I pfP Page 6 of 12 ~_, e ,. . of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. 19. RE-ACKNOWLEDGMENT Each party acknowledges that it may be appropriate and required that this Agreement be re- acknowledged at some time in the future before the Clerk of the Commonwealth Court, Clerk of Orphans Court or some other Court, and each party agrees that they will re-acknowledge their signature before the Clerk of such Court upon request of the other party so that this Agreement may comply with the acknowledgment rules and provisions of any such Court. 20. ADDITIONAL INSTRUMENTS Each of the parties hereto agrees that he or she will join in the execution, acknowledgment and delivery of any deed or other docwnent which may be reasonably necessary to carry out the intent of this Agreement. Nothing contained in this section shall affect the right of one party to expressly include or exclude, as the case may be, the other party as beneficiary in any will, insurance policy or other docwnent whether the same is presently in effect or would become effective in the future. 21. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective legal representatives, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is no the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or their respective counsel. 22. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and there are not represenmions, warranties, covenants or undertakings other than those expressly set forth herein. 23. DISCLOSURE MOP 11 f/ CLP {} cfP Page 7 of 12 ~"l''!';'!l- - .. ' Each of the parties hereto acknowledges that there has been full disclosure of all relevant matters of each party to the other party, that each of the parties is fully cognizant of his and her legal rights and liabilities with respect to the terms and conditions of this Agreement, that he and she understand the legal effect of this provisions of this Agreement and acknowledge that this Agreement is fair and equitable to each of the parties hereto, and that this Agreement was entered into voluntarily and without any undue influence or duress upon either party hereto. 24. MODIFICATION AND WAIVER This Agreement shall constitute a full, complete, and total binding Agreement between the parties concerning support, maintenance, alimony and property settlement, and is precluded from modification EXCEPT if the parties specifically agree to modify this Agreement. Any and all modifications to this Agreement shall only be by written agreement containing the same formalities as this Agreement and shall exhibit the notarized signatures of both parties, along with two witnesses. The parties specifically agree that they may rescind this Agreement only by written agreement containing the same formalities as this Agreement which shall exhibit the notarized signatures of both parties, along with two witnesses. Any waiver of a breach of any provision of this Agreement shall not constitute an ongoing waiver. 25. PRIOR AGREEMENTS This Agreement constitutes the entire understanding and agreement between the parties hereto, and there are no other representations, warranties, covenants, understandings or agreements other than those expressly set forth herein. 26. INCORPORATION INTO DECREE OF DIVORCE Unless as otherwise provided herein, this Agreement shall be incorporated in and made a part of any Decree that might be entered in any dissolution proceeding between the parties hereto upon the filing by either or both parties of an executed copy of this Agreement in such action and same may be incorporated by reference into any such Decree or court order. MDP CLP ~ IT ,;0 ~ofP Page 8 of 12 , ~ i' .' 27. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 28. INDEPENDENT AND SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto, that each paragraph shall be deemed a separate and independent covenant and agreement. 29. APPLlCABLELAW This Agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 30. VOID CLAUSES If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects, this Agreement shall be valid and continue in full force, effect and operation 31. AGREEMENT BINDING ON HEIRS This Agreement shall inure to the benefit of and shall be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns. 32. EFFECTIVE DATE This Agreement shall be considered to be effective at 12:01 a.m. on the date set forth on page one of this Agreement. REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK MDP 11 ~/ CLP (! otp Page 9 of 12 ~1JI!II!l"il" I"~ : ,. , In Testimony Whereof, witness the signature of the parties hereto this /t{f1I day of_ (k.../..W ,2001. 111~.~ Witness ~~~. Witness ~ ~ ~~YNNP~ 'J~ p~ /'~ MICHAEL DALE PAINTER MDP ~ tf/ CLP (! .....,0 Page 10 of 12 -'''''I'i''''ff.'k-" _ ",~ r-- " '~',..,.~ 1-- .. " I' ;, COMMONWEALTH OF PENNSYLV ANlA COUNTY OF CUMBERLAND SS. On this, the .si-l'\ day of Op ft, kwJ , 2001, before me, a Notary Public, personally appeared CHERYL LYNN PAINTER and in due form of law acknowledged the foregoing Property Settlement Agreement to be her act and deed, and desired thm the same might be recorded as such. Sworn to and subscribed before me this 6411 day of OIlliJae..1 --;2001. ~~ Notary P . Notarial Seal Shirley Ann FoISYlhe. Notary Public ~":~~1~~ Member. PenI1S'/IVlII1IaA"soclatlonofNotarleS MDP 'Nv P ;P CLP (] (l(P Page 11 of 12 . .J ,',.' I. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this, the JL day of fJ.J;/J1.JJ1h , 2001, before me, a Notary Public, personally appeared MICHAEL DALE PAINTER and in due form of law acknowledged the foregoing Property Settlement Agreement to be his act and deed, and desired that the same might be recorded as such. Sworn to and sub..l'cribed ~~fOblh7}:~ ': 2tgi. ~~h Notarial Seal . Jennifer S. Lindsay, Notary Public Ca~isle Boro, Cumbe~and County My Commission Expires Nov. 29, 2003 Member, PennsYlvaniaAssocla\lone\Notan~s MDP "M' /' CLP (! ,.fp Page 12 of 12 ''''!'II ,,' kh" ~, U__':QOOV" .(r-i.~l'" r' T-~ "jT~,' ,'tf ."X( III Y(~'h''''~ji7'jYii'I''l''i'l'f'Y':'k\il(' " . , Tjf'i'J,"~'i tnnnlir . \ T^',,"__ " ~. . ~. ." ,,-....._'",... """"""""1""' ~= .J'-- ~~'l!l!'NlW!111~~';e~~~~_~n,"'!f",~'!lI " 0 C) 0 C, " -- ,:::) -r~ ;::;0; ..--j ll'"::lf';-i n 'T --I "c ,I Z::-r' ;::;-;; /.': c ~<) cJ C/J 01 -<: , ~:~ C~ ' , C:- ~:~ -'>1 1.---; !'~, C) ~.' f':-? C) rn ~'" C 2~ ., =;! {'" S-J -< ~1IPI!lII1~"""" ., ~, "~ f' ,', PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 E. Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 CHERYL LYNN PAINTER Plaintiff Attomey for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION. LAW MICHAEL DALE PAINTER Defendant NO. 2000.5317 CIVIL TERM IN DIVORCE/CUSTODY 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 ) of the Divorce Code. 2. Date and manner of service of the Complaint: Complaint served on MICHAEL DALE PAINTER by Certified Mail, with Acknowledgment of Service by Defendant signed on Auaust 4. 2000 3. Date of execution of the plaintiff's affidavit required by Section 3301 (c) of the Divorce Code: December 27. 2001 Date of service of plaintiff's affidavit on defendant: December 28.2001 Date of execution of the defendant's affidavit required by Section 3301 (c) of the Divorce Code: December 28.2001 4. Related claims pending: None Date: \-j~oJ Respectfully submitted, ~--Y Peter J. Russo ~-- ~~ ~ ',..' - "~"', "",,,," -. . ~ .~~ :1 I! iliJ '!,II ,Ii :;\1 ',',';' ::: Iii Ii! i;~ "I i~ ')il 'I It _'.._". '"'-r,'-~--'''~,> 0.,,- W'l - ,,", '--~ '" ~" " ,-,''',~ , --- '. ~ ,~, ",-" _' o' ,~ "k.' .." _ ~ . ~ ~,. I ~~'" ' o c: :s: -oO~\ D;lf'n ~S;~ :.r: /'- ~r_~ ~C =L' >>c: :~:~ :< ,~m. !H'111_~!jII!Jl~""'~~~,"'I'--IL ,-'" t~.) '- ~j;"'~ Z .......!IPI~~, ',~ " C} ---i'l Cj) ~. :J::' i')? !:" (j'I ~," ", "" " ". CHERYL LYNN PAINTER PLAINTIFF V. MICHAEL DALE PAINTER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA 00-5317 CIVIL ACTION LAW IN CUSTODY ORDER OF COlJRT AND NOW, this 7th day of AU2ust ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on the 19th day of September, 2000, at 3:00 p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: /s/ Dawn S. Sunday. Esq. ) Custody Conciliato~ . The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduh,d conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY 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, Pennsylvania 17013 Telephone (717) 249-3166 fil!!'!!" . , ~ ..~ ~ . ~ ~,",,",,I'hi!I~~W1~~iWI!1i1~~""";~"""_IJ;$"#';iIiilW"~'i,~~;"h'"';1;.,,~~IliI~ " ---l.. ..;W~ ~--~""-_. f \ F:LEI}.OfFICE or TI,":: )'un.J!'\".lr)'AR" ",I. " . .,.!.' ,'J,' ".'_ 1- 1 I OOAUG-9 PM 1:51. CUIviSEhU'J'~O COUNTY PENNSYLVANIA I I I I I ! I !i~ <;?tJ.&t? iJd- ~ ~ &; 4 ~ <('l.OtJ ~ ~ Z ~. 'i54.tJtJ t~ /11~ ~ ~ ~ .. ". " ... , ._" _.~" '-' ^ "',,-'" ,'e;co;-"",;. "__,r",,'~, .""N,'I__ "",'_'....'"__<,"";,.,,,,,1".-','w ), '. ,b" ,~J,"",.WJ, """ ,-'.~" -, ":",c~,,:~~-,, '",,~,:.~,i "r,>,:J~, :,,} ",~.UJ!J :,JJ I... ,;},:";J\,,,,4,~)~J~.I.J..,:'. ... ....., . ^ U")J;:;,,,~, . . AUG 4 ZOO~ S \~ CHERYL LYNN PAINTER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2000 - 53/1 CIVIL TERM IN DIVORCE/CUSTODY MICHAEL DALE PAINTER Defendant ORDER OF COURT AND NOW, this day of , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their, respective counsel appear before , the . Conciliator, at on the day of , 2000, at .m. for a Pre- Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five or older may at the request of either attorney or party, be present at the conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 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 Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 '-" -""""-r " . ' CHERYL LYNN PAINTER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MICHAEL DALE PAINTER Defendant NO. 2000 - 5317 CIVIL TERM IN DIVORCE/CUSTODY 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 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 the 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, Cumberland County Court House, 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 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 Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 " I " . ' PETER J. RUSSO, ESQUIRE PA Supreme Court 10: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 CHERYL LYNN PAINTER Plaintiff Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2000 -5')1+ CIVIL TERM IN DIVORCE/CUSTODY MICHAEL DALE PAINTER Defendant COMPLAINT IN DIVORCE UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE AND NOW, COMES, the above-named Plaintiff by and through her attorney Peter J. Russo, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff is an adult individual residing at 110 Mountain Road, Newville, Pennsylvania 17241 Cumberland County, and is a citizen of the United States. 2. Defendant is an adult individual residing at 110 Mountain Road, Newville, Pennsylvania 17241 Cumberland County, and is a citizen of the United States. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for 8 % years and has resided continuously therein for at least six months prior to filing of this Complaint. 4. Defendant has been a resident of the Commonwealth of Pennsylvania for 8 % years and has resided continuously therein for at least six months prior to filing of this Complaint. :>fl0ll0." 'I 5. Plaintiff and Defendant were married on October 11, 1986 in Baltimore, Maryland. 6. There is one child of the parties under the age of eighteen (18): Alene Marie Painter October 19, 1990 COUNT I - DIVORCE 7. Plaintiff hereby incorporates by reference averments 1 through 6 of this Complaint as if each averment were set forth fully hereunder. 8. There has been no prior action for divorce by either party against the other. 9. Neither Plaintiff nor Defendant is in the Armed Forces of the United States or any of its allies. 10. Plaintiff avers that the marriage between the parties is irretrievably broken. 11. 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, but does not request the same. 12. Plaintiff and Defendant have property which will be subject to a property settlement agreement addressing support issues, which will be filed herein at the appropriate time. WHEREFORE, Plaintiff, CHERYL LYNN PAINTER, prays that a decree be entered in favor of the Plaintiff and against Defendant as follows: A. That a decree in divorce be entered dissolving the marriage between the two parties. COUNT II: DIVORCE - EQUITABLE DISTRIBUTION ',"'"'H _ "I ~ ,~ r . 13. Plaintiff hereby incorporates by reference averments 1 through 12 of this Complaint as if each averment were set forth fully hereunder. 14. Plaintiff and Defendant have acquired property, both real and personal, during the course of their marriage. 15. The parties have also acquired home furnishings, motor vehicles, bank accounts, retirement accounts, investments and miscellaneous items of personal property. 16. Thus far plaintiff and defendant have been unable to agree as to an equitable distribution of said property, therefore Plaintiff requests the equitable distribution of said marital property. WHEREFORE, Plaintiff, CHERYL LYNN PAINTER, prays that a decree be entered in favor of the Plaintiff and against Defendant as follows: A. That a decree be entered granting equitable distribution of marital property. COUNT III: ALIMONY PENDENTE LITE. ALIMONY. COUNSEL FEES AND COSTS 17. Plaintiff hereby incorporates by reference averments 1 through 16 of this Complaint as if each averment were set forth fully hereunder. 18. Plaintiff is without sufficient resources so as to pay for her reasonable needs, counsel fees and costs of these proceedings. WHEREFORE, Plaintiff requests this Honorable Court to award Plaintiff alimony in an amount sufficient to meet her reasonable needs, counsel fees and costs. ""~-, COUNT IV - CUSTODY 19. Plaintiff hereby incorporates by reference averments 1 through 18 of this Complaint as if each averment were set forth fully hereunder. 20. Plaintiff is CHERYL LYNN PAINTER residing at 110 Mountain Road, Newville, Pennsylvania 17241 Cumberland County, Pennsylvania. 21. Defendant is MICHAEL DALE PAINTER residing at 110 Mountain Road, Newville, Pennsylvania 17241, Cumberland County, Pennsylvania. 22. Plaintiff seeks custody of the following children: Name Alene Marie Painter Present Residence 110 Mountain Road Newville,PA DOB October 19, 1990 23. The child was not born out of wedlock. 24. The child is presently in the jOint custody of the parties, who reside at, 110 Mountain Road, Newville, Pennsylvania 17241. 25. In the last five years the child has resided with the following persons and at the following address: Narne Both Parties Address 110 Mountain Road Newville,PA Dates Since Birth 26. The Defendant, the father of the child, is residing at 110 Mountain Road, Newville, Pennsylvania 17241 . He is married. 27. The Defendant currently resides with the following persons: Name Plaintiff Alene Marie Painter Relationship Wife Daughter '~"' -I ""'--', . 28. The Plaintiff, the mother of the child, is 110 Mountain Road, Newville, Pennsylvania 17241 . She is married. 29. The Plaintiff currently resides with the following persons: Name Defendant Alene Marie Painter Relationshio Husband Daughter 30. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. The court, term and number, and its relationship to this action is: N/A 31. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. The court, term and number, and its relationship to this action is: N/A 32. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation right with respect to the child. The name and address of such person is: N/A 33. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff has been the primary care taker of the subject minor child since birth. Defendant has only recently shown interest in the parties' minor child. 34. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons named below, who are known to have or claim a right to ,""""" ~-I ~ custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE WHEREFORE, Plaintiff requests this Honorable Court to order that the parties: ~~/'- Peter J. Russo 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 Date: ./ /3,1 0 II ,l'I"l, ~ "I '. , ~ ~ , ~. " .. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 CHERYL LYNN PAINTER Plaintiff Attorney for Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MICHAEL DALE PAINTER Defendant NO. 2000 - CIVIL TERM IN DIVORCE/CUSTODY VERIFICATION I, CHERYL LYNN PAINTER, verify that the statements made in the foregoing document are true and correct. 1 understand that false statements made herein are subject to the penalties of 1 B Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: -,1011100 \,~ cts ~ CHERY L YNN~TER "~I - . 1 ',J, , 1 I I , i o _~ i "0 1__1I1MlfJI ~~ ~~ - ~ --C~ O-....j --S)~ tj ~~ ~~"l~"._ , . ~ ?1.^ ~~ .,-S;l ~- ~~ .. ~ l5 -"-' ~ l.., ~ ...... CJ Oi '!.o cg - c C' ~. -.l ;:"'" ~ 0"\ -rJL'~: (:, '" ~ 2 !- ~ ("'1' II-~ Q d ~ Z:..:.;' 0 .--,' r . I L-- 0 .h (j) "',-", t -<: & ---..,-' r.::::C) ~ 2::: (":: ~ --=.-, ' & t S:;: c: '0_ :s:: ~ C -,:: -T ( - ~',~~'".,' ~ " .l~, ",'f!"~'~."n_1"~~,I!ll!:~ C) c.:::> () --'-"1 r= :'" , -'I .,;.."; tJ'1 ~ -, 'llR'l1!ll~ '. ~..,."..,.~ . , - PETER J. RUSSO, ESQUIRE PA Supreme Court 10: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 CHERYL LYNN PAINTER Plaintiff Attorney for Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW MICHAEL DALE PAINTER Defendant NO. 2000.5317 CIVIL TERM IN DIVORCE/CUSTODY ACKNOWLEDGMENT OF SERVICE OF COMPLAINT IN DIVORCE UNDER SECTION 3301 (c) AND 3301ld) OF THE DIVORCE CODE AND NOW, COMES, Defendant. MICHAEL DALE PAINTER, and does hereby acknowledge that on the date indicated below he did receive a verified copy of a Complaint in Divorce filed against him in the above captioned case. ,,~)~/~ MICHAEL DALE PAINTER DATED: Auaust 4.2000 ~ ,~ c -<",," I I 1 I :!I l ;M " Ji I: i'< ii d " ,~ .~ - ~ - ,. '.'"' "'"'' . ., ,. v~. rnr'l i --:;/-::i', ~~S~ ~< r.:::C: '.<:.c'-: 5E~ - 'fl""'_1W~~0I~":""'"'" ,.-" C~' I~-!. -,.>-" \..0 , " ----;'-: :--,,-. =~ :::1 ~l ~. . .J CHERYL LYNN PAINTER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MICHAEL DALE PAINTER Defendant NO. 2000 - 5317 CIVIL TERM IN DIVORCE/CUSTODY PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO ENTER DiVORCE DECREE UNDER SECTION 3301(cl OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on July 31, 2000. 2. The marriage 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 without further notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 5. 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's Office. 6. 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. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me on request. 7. Being so advised, I, CHERYL LYNN PAINTER, do not request that the Court require my spouse and me to participate in counseling prior to a divorce decree being handed down by the Court. 1t2 -d7 -oj DATE 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. S 4904 relating to unsworn falsification to Authorities. C~~;eJ~JfJ~ CHERY LYNN AINTER '~'P __~, ,~ i I I i j I 1 I j i I J :1 -,i I "i I I i Ii - ,.'..- ". , < -, " ""', J,' ~" ~..'- o c: s: -oeD mrn Z:JJ zr- ~~;': r:::cj :;; z:C -_.C'i )>c: z: :::;! r,"!II:1!llf1!>,~r<Vll~I!fl!l!!"I!!l-~....'",,,,,,"'~ c::> (J -"'h <:::> rrt c; ;~ )::~~ ~;~) (:~i~!,:~ (5;1 .--l :<- ~ w -0 :x W~ ()1 U1 , ~ ''", ~'* ..;. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW CHERYL LYNN PAINTER Plaintiff MICHAEL DALE PAINTER Defendant NO. 2000.5317 CIVIL TERM IN DIVORCE/CUSTODY DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVEROF NOTICE OF INTENTION TO ENTER DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on July 31, 2000. 2. The marriage 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 without further notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 5. 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's Office. 6. 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. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me on request. 7. Being so advised, I, MICHAEL DALE PAINTER, do not request that the Court require my spouse and me to participate in counseling prior to a divorce decree being handed down by the Court. 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. S 4904 relating to unsworn falsification to Authorities. IL/u/Zj1tJI DATE ~~~~ MICHAEL DALE PAINTER ~"~'I- " ~r , ..' _ I I I I I I I 1__IlWLln ri". ll!1~, -'~ ~- ~~= _N,,/-- . ",~l,~ <~-~>"" ,~~, " I liJl:!II~l1~,IOO:jl'J;!'~'-'l0I'_IM~I!IIf",,,,, (') co C) C 1"-' -,1 .~: , U CD ,- I" ~O'I " Z , -~~,' ~~~:~ ,"'I -/"':;.' ."" -:.< 'y' ~~2 .~t') ," GI , ::-r ~~l -, z'-, C) ~~?i j\,..; C) r 1 .. Z ,:.v S;; =< (J1 :r:; -< ,_II!!IlII.!'JlIJl.'I!I!lI~' ~1'!I!I!I"'l~~ .'" .. -.. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 E. Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 Attorney for Plaintiff CHERYL LYNN PAINTER Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW MICHAEL DALE PAINTER Defendant NO. 2000 - 5317 CIVIL TERM IN DIVORCE/CUSTODY PROOF OF SERVICE OF PLAINTIFF'S AFFIDAVIT UPON DEFENDANT AND NOW, COMES, Peter J. Russo, Attorney for Plaintiff, CHERYL LYNN PAINTER, and certifies that on 12-28-01 he did hand deliver Plaintiffs Affidavit to the Defendant, MICHAEL DALE PAINTER, as well as the Affidavit of Defendant Under Section 3301 (c) of the Divorce Code requesting his signature. Date: 12-28-01 ~C22 Peter J. Russo 5010 E. Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 ./ ~!>J1!If ,,' I -"^"-,.'''''' "",',," ^ c . , f u <"~~~'~~_'_'="'_ ^~. '~"~-"--'''.".~, M~~'~"._".,.." -- .,..,..~._,......~, ~_. 4" ". e ,." :m~" ~. "I"""' o c -0cb nlfT', 2"T) zf" g;;', r..::C:) -- *2?l PC: :;;.;.: ~ 1!1''F"p!''''i!i'I~~-"''Pi~'''''''l'''~''''''',o;'!I>>J!~t~r c:> r0 -~ ,"'::" ,e' .:.- "'",~ --t., :i: :'1.:: :> (.), ::;::: f>? :,.) <.]'. :.0 e< ,~ - ,~- \. FEB 2 8 ZO~ CHERYL LYNN PAINTER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5317 CIVIL TERM MICHAEL DALE PAINTER, Defendant CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, this I~ day of A-J. , 2001, the attached Stipulation and Agreement is hereby made an Order of Court and all prior Orders on this matter are hereby vacated. J. to\ td' oof\~ -", ,-,',", -,. '"' '" . ~~~ '.,= ~L~" ."~1,",,, <-, ,," ,^" "'~. '" "J' "Ic". I 1/ l"':. _. ~'" l' I " 1 'I II 1 'I 1 Ii:!, ! Ci !1'H!~:i:J.",' { i"'j-' 1)\17"\( U Vii..:"" i(..J'" 'j,-./lJ, '., PE)JNS1t\!;t\NIA ~-= ~, < -" <, , ~ . v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5317 CIVIL TERM CHERYL LYNN PAINTER, Plaintiff MICHAEL DALE PAINTER, Defendant CIVIL ACTION-LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between Cheryl Lynn Painter (hereinafter referred to as "Mother") and Michael Dale Painter (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of Alene Marie Painter, born October 19,1990 (hereinafter referred to as "child"); and, WHEREAS, the parties are presently separated and living in separate residences; and, WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the child. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, and intending to be legally bound hereby, the parties agree as follows: 1. The parties shall have joint legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have partial physical custody of the child beginning on the day father's work week ends, which is presently Monday, from the time the child is finished with her school day until Wednesday at 6:00 p.m, when Father delivers the child to Mother's residence. Father's work days change periodically and it is the intention of the parties that Father's period of physical custody pursuant to this paragraph will change with Father's schedule, as agreed to by the parties. 4. The parties will share physical custody equally during the following holidays, on a schedule to be determined by them after consultation: Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving. Mother shall have the child each Mother's Day, and Father shall have the child each Father's Day. In addition, the parties shall share time with the child on her birthday. 5. New Years Day and Christmas shall be handled as follows: New Years Day shall be divided into two segments: Segment A: December 31 at 10:00 a.m. to January 1 at 10:00 a.m. Segment B: January 1 at 10:00 a.m. to January 2 at 10:00 a.m. Christmas shall be divided into two segments: Segment A: December 24 at 10:00 a.m. to December 25 at 10:00 a.m. Segment B: December 25 at 10:00 a.m. to December 26 at 10:00 a.m. The party who has Segment A of New Years Day shall have Segment B of Christmas, while the party who has Segment B of New Years Day shall have Segment A of Christmas. The parties shall alternate these holidays on a yearly basis, with Mother having Segment A of New Years Day for 2001. This holiday schedule shall supersede the regular custody arrangement set forth herein. "".. 6. The parties shall be entitled to two non-consecutive weeks of vacation time with the child each summer. It is further the intention of the parties that Father be given additional time with the child as his schedule permits in the summer. 7. The p<;lrties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. 8. Neither parent shall do anything which may estrange the child from the other party, or injury the opinion of the child as to the other party or which may hamper the free and development of the child's love or affection for the other party. 9. The parties agree to use appropriate language and conduct when in the presence of the minor child. 10. Any modification or waiver of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 11. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the parties's minor child and shall retain jurisdiction should circumstances change and either party desire or require modification of said Order. 12 The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. ^' "'''~ . ' 13. The parties acknowledge that they have read and understand the provisions of this Agreement. 14. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below. WITNESS: ~ ~o\o \ Date: C~r~i~ Z/d /~C7,:7 / *It~ ~/~'~4'Z/~ Michael D. Painter mas.master/domestic/custody/painter .stp - " ~'~ - < ,~- ~ " " ! 'I I" 1 1 n ~I [:: !' i ~ ~, <ft. ;~!Il-~,'t""" . (") c Z uc:::~ fllr--'--:' Z" 7r' en ~r' ~C.~ ,':-- ~gi ;:::> -=-i -< ~", ..1'," . ". c, C) OJ'" ,,' r"'l ,-;:J t"-,j !"I --,,;, :-'; 1-:~' ~ => (;0 ~z ,",-"'- ~ >,'- ... ',t CHERYL LYNN PAINTER PLAINTIFF V. MICHAEL DALE PAINTER DEFENDANT IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 00-5317 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 12, 2001 . upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. . the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, August 02,2001 at 1:00 p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abnse orders, Special Relief orders, and Custody orders to the couciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Dawn S. Sunday. Esq.t!P Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE 1HIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY 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, Pennsylvania 17013 Telephone (717) 249-3166 r~l ~~ ~ ~'''_\lll;j~~~~~1IIlIIlUIII1 ~~ . . "" '''''~ili:iI!iiii1riJiIllIili~_~'I"''''''~l:!:l~;~1I.l"''''''jj''',,:W'kH~,,,,,.,,~~.b;iij,,_P -<t I 7'/3-01 /'/3 -tf!/ 7-1J-t)1 " .' . "P ~"~ ~,,~, I , I I fi ,r. "). ,-' ,j. n-:..", tw.~~$4~ '71~ ~ ~ ;Kf ~ f~~ ,#~ z; 4 ~~ ,," ~"",J~", ,.,w> '" , " "' ,~ ,~, "", ~,V~_ ~," , '--' ,~, ~" . '''-/ .,' JUt 11 200rfJ S CHERYL LYNN PAINTER Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW MICHAEL DALE PAINTER Defendant/Respondent NO. 2000 - 5317 CIVIL TERM IN DIVORCE/CUSTODY ORDER OF COURT You, Michael Dale Painter, have been sued in court to modify custody, partial custody or visitation of the child: Alene Marie Painter. You are ordered to appear in person at on 2001, at .m., for a conciliation or mediation conference. a pretrial conference. a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 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 Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 "I' ,r ,'"--" ..' .....,. CHERYL LYNN PAINTER Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MICHAEL DALE PAINTER Defendantl Respondent NO. 2000 - 5317 CIVIL TERM IN DIVORCE/CUSTODY PETITION FOR MODIFICATION OF A PARTIAL CUSTODY OR VISITATION ORDER 1. The petition of Cheryl Lynn Painter respectfully represents that on March 1, 2001, an Order of Court was entered for custody, a true and correct copy of which is attached. 2. This Order should be modified because plaintiff/mother has relocated to the State of Maryland and she desire to retain primary custody of the subject minor child. WHEREFORE, Petitioner requests that the Court modify the existing Order for primary custody because it will be in the best interest of the child. Respectfully submitted, " l'dctlo \ ~~~ Peter J. Russo, Attorney for Plaintiff/Petitioner "' - ~ ~, "'. " CHERYL LYNN PAINTER Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MICHAEL DALE PAINTER Defendant/Respondent NO. 2000 - 5317 CIVIL TERM IN DIVORCE/CUSTODY VERIFICATION I, Peter J. Russo, counsel for the plaintiff, being familiar with facts of this matter, verify that the statements made in the foregoing document are true and correct. 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. ~(~1118 \ Date ~~1 Peter J. Russo --. '-"""" "I .~" " r . . .' '. ., . . ..' . . FrS ~ 8 2()~ CHERYL LYNN PAINTER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5317 CIVIL TERM MICHAEL DALE PAINTER, Defendant ' . CIVIL ACTION-LAW IN CUSTODY o . AND NOW, this ORDER OF COURT ,J daYOf~ . 2001, the attached Stipulation and Agreement is hereby made an Order of Court and all prior Orders on this matter are hereby vacated. J. "":"'!!/!~' -. ';:r;:,"'" 'I 1. " II . rr .; . I, - . !.I n ~; c' () ';, ..." CHERYL LYNN PAINTER, Plaintiff -;:,j \.~; " (",'-, ri\f-' ,"'1"J 0::\i 'r-.) IN THE COURT OF COMMON P~S OF CUMBERLAND COUNTY, PENN$YtVANlA ~~C' -'" -~t v. NO. 00-5317 CIVIL TERM ~',;; i : >"'C~ .. =-;::; 7- :::> :;:: 0"> :..:..: MICHAEL DALE PAINTER, Defendant CIVIL ACTION-LAW IN CUSTODY . CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between Cheryl Lynn Painter (hereinafter referred to as "Mother") and Michael Dale Painter (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of Alene Marie Painter, born October 19, 1990 (hereinafter referred to as "child"); and, WHEREAS, the parties are presently separated and living in separate residences; and, WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the child. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, and intending to be legally bound hereby, the parties agree as follows: 1. The parties shall have joint legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have partial physical custody of the child beginning on the day father's work week ends, which is presently Monday, from the time the child is finished with her school day until Wednesday at 6:00 p.m, when Father delivers the 'I " .' ~ (. ." , ,. '"j I I , child to Mother's residence. Father's work days change periodically and it is the intention of the parties that Father's period of physical custody pursuant to this paragraph will change with Father's schedule, as agreed to by the parties. 4. The parties will share physical custody equally during the following . _ hOIi?ays, on a schedule to be determined by them after consultation: Easter, Memorial . Day, Fourth of July, Labor Day, and Thanksgiving. Mother shall have the child each Mother's Day, and Father shall have the child each Father's Day. In addition, the parties shall share time with the child on her birthday. 5. New Years Day and Christmas shall be handled as follows: New Years Day shall be divided into two segments: Segment A: December 31 at 10:00 a.m. to January 1 at 10:00 a.m. Segment B: January 1 at 10:00 a.m. to January 2 at 10:00 a.m. Christmas shall be divided into two segments: Segment A: December 24 at 10:00 a.m. to December 25 at 10:00 a.m. Segment B: December 25 at 10:00 a.m. to December 26 at 10:00 a.m. The party who has Segment A of New Years Day shall have Segment B of Christmas, while the party who has Segment B of New Years Day shall have Segment A of Christmas. The parties shall alternate these holidays on a yearly basis, with Mother having Segment A of New Years Day for 2001. This holiday schedule shall supersede the regular custody arrangement set forth herein. ':>tr-._ _,,," . ,,' ''':<11,"'''[7 'I~" " . . U." .l ..: I I: I , 6. The parties shall be entitled to two non-consecutive weeks of vacation time with the child each summer. It is further the intention of the parties that Father be given additional time with the child as his schedule permits in the summer. 7. The parties will keep each other advised immediately relative to any . emer~encies concerning the child and shall further take any necessary steps to insure . that the health and well being of the child is protected. 8. Neither parent shall do anything which may estrange the child from the other party, or injury the opinion of the child as to the other party or which may hamper the free and development of the child's love or affection for the other party. 9. The parties agree to use appropriate language and conduct when in the presence of the minor child. 10. Any modification or waiver of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 11. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the parties's niinor child and shall retain jurisdiction should circumstances change and either party desire or require modification of said Order. 12 The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. . - f~ " . II - ... ".." r . '"1' .~ . "l"ii' .-.. .':' i I 13. The parties acknowledge that they have read and understand the provisions of this Agreement. 14. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the . terms hereof set their hands and seal the day and year written below. I WITNESS: I ..::J;.e.lv . d f) .J CJ lro I 2./d"/z-tP~/ ~~te: Date: ~~ cf;~ a~ C ryl Lyn Painter ~~J~JY/~ - Michael D. Painter mas.master/domestic/custody/painter.stp ""'P" r""T1 -I, ';Ml! iIit~___".l>LI''''__\i'_iM''M:'6i\&''''''''"f'';'","''IIiI",,,,",,,,t,,;;'lttL...k_J~IiI~Tli&~I'' l4:rt"..........-...-~l'~iflIil'llHilr s ~ " [ ~ I I)! '..., CC- (,.: , (' ",* ~ ,". >- C.E: i~:: \'J c-'~~ t'_ e, ;'-.J OfFiCE ')f . fie 3!1EHIFF CVH2: ~0UNTY JUl Z 3 52 Pil '01 .j " PE H ;l{ S "( ~ 'ill i't l/\ , ~ .',"" ~ ,'" ,,,,,.1 ,,".~. ~~ , __ 0 - -iIlIi~1 !i<-_ r- \>, '" \'" <'\) .:::- - ~ "- ~~ } Q , CHERYL LYNN PAINTER Plaintiff/Petitioner v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW MICHAEL DALE PAINTER Defendant! Respondent : NO. 2000 - 5317 CIVIL TERM : IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, Melissa M. Mehaffey, hereby certify that I am on this day serving a copy of the Petition for Modification of a Partial Custody or Visitation Order upon the person (s) and in the manner indicated below; Service by First-Class Mail, Postage Prepaid, and Addressed as Follows: MICHAEL PAINTER c/o MICHAEL A. SCHERER, ESQUIRE O'BRIEN, BARIC & SCHERER 17 WEST SOUTH STREET CARLISLE, PA 17013 , egal Date: Mondav. Julv 2, 2001 ,0" """~t " NOV 1 3 20~ CHERYL LYNN PAINTER, Plaintiff : IN THE CDURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-5317 CIVIL TERM : . . CIVIL ACTION - LAW MICHAEL DALE PAINTER, Defendant . . : IN CUSTODY ORDER OF COURT AND NCIi, this 8th day of November, 2000, the Conciliator, being advised by Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. The Conciliation Conference scheduled for November 8, 2000 is canceled. FOR THE COURT, ~~- Dawn S. Sunday, Esquire Custody Conciliator ~ , ':ililtfl -~o1!<ldIliim!~II_ii&l:l!lmIll;l;jj;),'I~lilr_!(!.l!.-"'"_l~~~ Ly, , _ c~ _.~- ~_..."""" ~-" - - '....,.,'~, :"II!~-f '-'''''/ ; :', '::-;' >,;,,)~t\HI .'0 NIi\l I c: pie' '1: ?-/ U ..J.. '" ""... CUMBEfL!;i~:J COUWy PENNSYLVANIA vn~ ~ JUL 2 7 ~ CHERYL L. PAINTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : NO. 00-5317 CIVIL TERM : : CIVIL ACTION - LAW MICHAEL D. PAINTER, Defendant : : IN CUSTODY OODER OF ClOORT AND I!Di, this 26th day of July, 2001, the Conciliator, being advised by Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. The Custody conciliation Conference scheduled for August 2, 2001 is canceled. FOR THE COURT, Dawn S. Sunday, Es e CUstody Conciliator ""lWi!iI. '. ~ "f;ffi~", ~ 'I , AUG O~ I) , CHERYL LYNN PAINTER Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. . : CIVIL ACTION - LAW : NO. 2000 - 5317 CIVIL TERM : IN DIVORCE/CUSTODY MICHAEL DALE PAINTER Defendant! Respondent CUSTODY ORDER AND NOW, this q~ day of Av .,.::r- of the within Stipulated Custody Agreement, IT IS HEREBY ORDERED AND DECREED THAT: , 2001, upon consideration 1. The parties shall share legal custody of the parties' minor child, Alene Marie Painter, born, October 19, 1990 . 2. The Mother shall have primary physical custody of the parties' minor child. 3. The parties specifically agree that the subject minor child shall reside in the State of Maryland with Mother. 4. The Father shall be entitled to liberal visitation as mutually agreed upon by both parties. 5. Both parents shall permit reasonable telephone access to the child while the child is in his or her custody. 6. The parents are encouraged to accommodate the reasonable requests of the other parent for alternations of any agreed upon schedule, as the circumstances and best interests of the child required. 7. Each party shall be responsible to provide transportation for the beginning of his or her period of visitation. 8. If either party hereto breaches any of the provisions of this Agreement, the other party shall have the right to bring any actions or actions in law or equity for such breach. ... 9. Neither party shall do anything which may estrange the Child from the other, or injure the opinion of the Child as to the other party, or which may hamper the free and natural development of the Child's love or affection for the other party. 10. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 11. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County does, in fact have jurisdiction over the issue of custody of the parties' minor Child and shall retain such jurisdiction should circumstances change and either party desire or require modification of said Order. 12. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. 13. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. BYTH J. Peter J. Russo, Esquire Michael A. Scherer, Esquire ~ itf\& \; "'~Il'l ~_ . ''Jj!.!-, -I' ., CHERYL LYNN PAINTER Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. MICHAEL DALE PAINTER Defendant! Respondent . : NO. 2000 - 5317 CIVIL TERM : IN DIVORCE/CUSTODY STIPULATED CUSTODY AGREEMENT AND NOW, COMES, the parties in the above-captioned matter, to wit, Cheryl Lynn Painter and Michael Dale Painter and request that the attached Order of Court be entered by the Court, by stipulation of the parties. NOW, THEREFORE, the parties hereto, each intending to be legally bound hereby, place their seal: ~ ~@')^-. --P~ Cheryl Ly n ai er ~//ffa4!?~) Michael Dale Painter Date: ~ - I ~ - 0 I Date: 7//9 /2-t:?<?./ - . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 55. On this, the J!L day of , 2001, before me, a Notary Public, personally appeared CHE L NN PAINTER and in due form of law acknowledged the foregoing Custody Agreement to be her act and deed, and desired that the same might be recorded as such. NOTARIAL SEAL Wendy M. Burkholder, Notary Public Carlisle, Cumberland County My Commisslon Explres June 7, 2003 - ;~\"I .' , ~:;..~ r -, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 55. On this, the --1!i day of , 2001, before me, a Notary Public, personally appeared MICH L ALE PAINTER and in due form of law acknowledged the foregoing Custody Agree ent to be his act and deed, and desired that the same might be recorded as such. ,~~~ NOTARIAL SEAL Wendy M. Burkholder, Notary Public Carlisle, Cumberland County , My Commission ExpIre. June 7, 2C03 - ,""""""'~ - z~~- ~~"IIiIllIIlRl~~I'I~I&iRJW~il"il1o/Il;-.jJ:~"'>li!_",iILIII..M!fll:t"';',""~",;4-jr&.Jill'iWli1Hil~" _'~~'~~'~'" _ ' ...^, .~...".~~~"'.~..........~." _'lI_~1 '1":1,' fT'.J\H,\CE "'" -'''~'r''ov , ' :~ ~ ,-, ~r,," ,! . "'\f\ \ ,::' ;; , ,-.',.";\\..1 Q\ M\I;-9 P" 2' 0') r:, . .... " . ., "\J' mJ ."",' '\"D 'vU \'1\ I CUM~~NNSYLVANIA >- 1.0 ~ 0: C ~" Z ,::00 ::::><{ ,", ..::J u.J::,',::: 8~ f:'~s~ :J:: CL. 0:::1 (~)~:< r- ?;i)) t....1' I ~)Z ~~ l.U' d::Z t:I.. ~', ~ <.!J UJLLI :::> .coo... .a: 2 lL ::::> 0 0 0 - II CHERYL LYNN PAINTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5317 CIVIL TERM v. :1 , MICHAEL DALE PAINTER, Defendant CIVIL ACTION-LAW IN DIVORCE/CUSTODY 'I I DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on July 31, 2000. 2. Defendant acknowledges receipt and accepts service of the Complaint on 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: /t? //9 /'2.(?0' / . ~~/ / /C'1fV>~~ Michael Dale Painter jjH.il~ ~~" " o~, "N~'~<" , -""" .;,~"""" ~"'~ Ib",,', 'i.",_' .~~~~~>>"'<_.. n' UTl (') 0 0 c: .~ """ ,=> :":>;.. ~ ;Ra:' C") ~'j:n -Ifti -i z..'u N ~:2~ ZC C/)d'''::. f\) t ~;S:;, ,1 ~~J ;c~- """ . ~C - ::,2c~ -0 csrT! >- ~ ~;;: =< (.J'J 5J c-.) -< M~ ~", _ ~, - ~~~" M!!!~ ",," ..-,~ ~ l,~i!'l~!'I 1!\19I!.!lIfl! ., """~ ~~!II!!~ ",' " . 11 .,' NOV 2 8 20010> ,j CHERYL LYNN PAINTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-5317 CIVIL TERM MICHAEL DALE PAINTER, Defendant CIVIL ACTION-LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this loJi" day of tl ~ , 2001, the following Domestic Relations Order is hereby approved as a Qualified Domestic Relations Order. I. Identifying Information: 1. The Participant is Michael Dale Painter. The Participant's social security number is 213.70.3612. The Participant's address is 2250 Dusty Lane, Enola, Cumberland County, Pennsylvania 17025. The Participant's date of birth is July 3,1957. 2. The Alternate Payee is Cheryl Lynn Painter. The Alternate Payee's social security number is 213.68.9816. The Alternate Payee's address is 317 Wye Road, Baltimore, Maryland 21221. The Alternate Payee's date of birth is December 13, 1956. 3. The parties were married on October 11, 1986 and divorced on The parties have signed a Property Settlement Agreement dated October 19, 2001, wherein it was agreed at paragraph 6. that the Husband (Plan Participant) would pay to Wife (Alternate Payee) the sum of $12,500.00 from his 401k Plan with Watkins Motor Lines, Inc. -' II. Method Of Dividing Participant's Benefits 1. The Watkins Motor Lines, Inc. "Watkins Associated Industries, Inc. Employees' Incentive Savings Plan" shall pay to Alternate Payee the sum of Twelve Thousand Five Hundred ($12,500.00) Dollars pursuant to paragraph six of the Property Settlement Agreement dated October 19, 2001. Said funds shall be segregated into an account in Alternate Payee's name alone or transferred to a qualified plan as may be directed by Alternate Payee. The Plan Administrator shall pay said funds to Alternate Payee immediately upon determination that this Order constitutes a qualified domestic relations order. 2. The Alternate Payee shall receive the sum of $12,500.00 valued as of the date the distribution is made pursuant to this Order, and Alternate Payee shall not be credited with net income, loss or expense from the date this Order is signed until the date the funds are segregated into an account in Alternate Payee's name alone. III. Other Provisions 1. This Order is intended to constitute a Qualified Domestic Relations Order within the meaning of Section 414 (p) of the Internal Revenue Code of 1986, as amended and Section 206 (d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 2. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a Qualified Domestic Relations Order. r 3. This Order is entered pursuant to the Divorce Code of Pennsylvania, 23 Pa.C,SA section 3101 et. seq. J. il~ "-<'-"'., ~ -. ~ ....., "w~..... ~'~ilIfiliJlO""-""""~'~"_ i, ^ .,' ~ ,'" <,- ,,'<-' , ", ..",~,I"<':" '."'~'" .~ ,"'<' ,~, ' , "r,.,~L""~~~ w I':, " ~ 'ji ~. i" ",,~ L"- ':- ~ 1'- 'D7i\RY (" !,!rli! 3 U'- \) j "'_J'" F'ji;j 2: u2 CUMSEF:u'ND COUNTY PENNSYLVA,NL,\ o~ _.,~,",~~ '~'. _", , " CHERYL LYNN PAINTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-5317 CIVIL TERM MICHAEL DALE PAINTER, CIVIL ACTION-LAW Defendant IN DIVORCE AND NOW, this.J(ltIJ day of NtJV~YYJiJt/C ,2001, the parties agree, through counsel, to enter the following Qualified Domestic Relations Order: I. Identifying Information: 1. The Participant is Michael Dale Painter. The Participant's social security number is 213.70.3612. The Participant's address is 2250 Dusty Lane, Enola, Cumberland County, Pennsylvania 17025. The Participant's date of birth is July 3, 1957. 2. The Alternate Payee is Cheryl Lynn Painter. The Alternate Payee's social security number is 213.68.9816. The Alternate Payee's address is 317 Wye Road, Baltimore, Maryland 21221. The Alternate Payee's date of birth is December 13, 1956. 3. The parties were married on October 11, 1986 and divorced on The parties have signed a Property Settlement Agreement dated October 19, 2001, wherein it was agreed at paragraph 6. that the Husband (Plan Participant) would pay to Wife (Alternate Payee) the sum of $12,500.00 from his 401k Plan with Watkins Motor Lines, Inc. !,-, , ,",0' ,,' ~ ' II :r' " II. Method Of Dividing Participant's Benefits 1. The Watkins Motor Lines, Inc."Watkins Associated Industries, Inc. Employees' Incentive Savings Plan" shall pay to Alternate Payee the sum of Twelve Thousand Five Hundred ($12,500.00) Dollars pursuant to paragraph six of the Property Settlement Agreement dated October 19, 2001. Said funds shall be segregated into an account in Alternate Payee's name alone or transferred to a qualified plan as may be directed by Alternate Payee. The Plan Administrator shall pay said funds to Alternate Payee immediately upon determination that this Order constitutes a qualified domestic relations order. 2. The Alternate Payee shall receive the sum of $12,500.00 valued as of the date the distribution is made pursuant to this Order, and Alternate Payee shall not be credited with net income, loss or expense from the date this Order is signed until the date the funds are segregated into an account in Alternate Payee's name alone. III. Other Provisions 1. This Order is intended to constitute a Qualified Domestic Relations Order within the meaning of Section 414 (p) of the Internal Revenue Code of 1986, as amended and Section 206 (d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 2. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a Qualified Domestic Relations Order. ;,~" i"" f 3. This Order is entered pursuant to the Divorce Code of Pennsylvania, 23 Pa.C.SA section 3101 et. seq. APPROVED FOR ENTRY: ~(~ Michael A. Scherer, Esquire Attorney for Michael Dale Painter ~~? Peter J. Russo, Esquire Attorney for Cheryl Lynn Painter --... i-..., I ' .~,' .~', ""-" . , . ,,-", ~'- "'.-,, ,~,-, ,~ -'", "'IliIiIil-~"-"-lflmiM' ~ L:" f::; ~~, ~~; ~=~ <,5r' ~. \ ;";;'-~""~MI!llrn.~"."'" ,~ ~"", r"""" ;>- z ~...~ ,,-'2 '".J< ;l :>; :~~~ -_.,~12: ~-cZ /.It,u Do... '~~;,; ::, u Cr") .,...- LL_ \.,.-C) C'-J ~~ <::' -~ ,~. 1 .- ,"" - ''':':'..:1"':: iCT/JiY 01 NO'J30 Pt':j2:L.2 CIII\!I",,:,~.' /",'U..... CQUN1Y ..... ,W,-, ,L_ \.. .... PENNSYLVANli\ - \_: i F & I f~ I ;} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of ~ PENNA. CHERYL LYNN PAINTER Versus ..~.q~_.~. ~.~TER .................................. Defendant No...?.9.9~z~.}.!7 .................. 19 DECREE IN DIVORCE AND NOW, ~ (~W~..!? ....... ~.~.~ ~" ~ ~'/~% ~nd ................ it is ordered decreed that ......CHE~Y~, .h.¥.~.~..?~.~.~.~.~..~ ............... plaintiff, and MICHAEL DAL~. ~.AI.~T.E. 8 ....................... defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; .~QN~ ...................................................................... CHERYL LYNN PAINTER Plaintiff/Petitioner MICHAEL DALE PAINTER Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2000 - 5317 CIVIL TERM : IN DIVORCE/CUSTODY PROPERTY SETTLEMENT AGREEMENT This Agreement is hereby madc and entered into this /t~dayof ~;~f , 2001, by and between CHERYL LYNN PAINTER, "Wife," and MICHAEL DALE PAINTER, hereinafter "Husband." Witnesseth: Whereas, marital differences and difficulties have arisen between the Parties, and Whereas, Parties have separated physically and intended to continue to live apart and desire to forever completely settle, determine and provide for the support of Wife, separation of their marital and nonmarital, real and personal, belonging to either and/or both of the parties hereto and all other rights, entitlements, benefits, and privileges involved between the parties hereto arising directly or indirectly out of the marriage relationship, and Whereas, Parties have had adequate time and opportunity to consult with separate legal counsel of their own, and Whereas, both Parties acknowledge that they are satisfied with the legal advice they have received and understand the full importance of the Agreement they are entering into; Now, Therefore, the parties, in consideration of the foregoing premises, and the mutual promises and undertakings hereinafter set forth, agree as follows: 1. RIGHT TO LIVE SEPARATE It shall be lawful for Husband and Wife at all times hereinafter to live separate and apart fxom each other and to reside from tune to time at such place or places as he and she shall respectively deem fit, free from any control, restraint or interference, direct or indirect, by each other. The foregoing provisions shall not be taken to be any admission on the part of either MDP ¢'~ CLP ~' Page I of 12 Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 2. FREEDOM FROM INTERFERENCE Each party shall be free from interference, authority and contact by the other as if he or she were single and unmarried except as necessary to cal~ out provisions of this Agreement. Neither party shall harass the other or attempt to endeavor to harass the other, nor compel the other to cohabit with the other, or in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. DISTRIBUTION OF VEHICLES Wife shall assume all payments, including all loan, insurance and repair bills connected with any vehicles presently in her possession including, but not limited to, her vehicle. Husband shall assume all payments, including all loan, insurance and repair bills connected with any vehicles presently in his possession including, but not limited to, his vehicle. 4. DISTRIBUTION OF POSSESSIONS As of the date of the execution of this Agreement, the parties shall transfer and assign their fights, title, claim and interest in specific property. Wife shall have as her own, free and clear of any claims of Husband, all of the items, household goods, furniture, fumishings, appurtenances, and appliances which are in her possession. Husband shall have as his own, free and clear of any claims of Wife, all of the items, household goods, furniture, fumishings, appurtenances, and appliances which are in his possession. 5. DISTRIBUTION OF PERSONAL PROPERTY It is further agreed that both Husband and Wife shall retain as his or her own any and all personal effects, clothing, and personal jewelry. The parties further agree that any property not assigned in this Agreement as marital or nonmarital property will be deemed the property of the physical possessor of said property. 6. RETIREMENT ACCOUNTS Husband's pension with the ~'k. CnS ells'b,- ~,hts, ]~. shall be divided pursuant to a Qualified Domestic Relations Order which shall award Wife $12,500.00 which shall be segregated MDP ~ d?,'~ CLP Page 2 of 12 until Wife can roll said assets into an account of her choosing. Husband shall take all steps necessary to cause said Qualified Domestic Relations Order to be drafted, entered as an Order of Court and delivered to Husband's pension administrator within thirty (30) days of the execution of this agreement. 7. JOINT ACCOUNTS The parties shall stop using all joint bank and charge accounts, credit card accounts and any other joint accounts shall be temdnated and each party shall take those steps necessary to have the other removed as a responsible party fi:om such accounts. The parties further specifically agree that all bank, savings, cash and checking accounts shall become the sole property of party named on the account. 8. MARITAL LIABILITIES Unless otherwise set forth herein, Wife assumes full responsibility for any indebtedness which she has contracted or incurred in her name, alone or jointly, after the date of separation. Unless othenvise set forth herein, Wife represents and warrants to Husband that, since the filing of the divorce action, she has not contracted or incurred any debt or liability, for which Husband or his Estate might be responsible, and shall indemnify and save Husband harmless from any and all claims or demands made against him or his Estate by reason of debts or obligations incurred by Wife and/or assumed herein. Unless otherwise set forth herein, Husband assumes full responsibility for any indebtedness which he has contracted or incurred in his name, alone or jointly, atter the date of execution of this Agreement. Unless otherwise set forth herein, Husband represents and warrants to Wife that, since the filing of the divorce action, he has not contracted or incurred any debt or liability, for which Wife or her Estate might be responsible, and shall indemnify and save Husband hamdess from any and all claims or demands made against her or her Estate by reason of debts or obligations incurred by Husband and/or assumed herein. The parties shall be filing a joint bankruptcy in an effort relieve themselves of various debts. MDP ~ CLP C* ,~',o Page 3 of 12 9. OTHER MARITAL ASSETS During the course of this marriage, the parties purchased a marital residence located at 110 Mountain Road, Newville, Pennsylvania. The parties have agreed to surrender the martial residence to the mortgage company as a part of their bankruptcy. Any proceeds or exemption available to the parties as a part of the bankruptcy proceeding shall be divided equally. 10. TAX LIABILITY The parties hereto believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax retum 11. MUTUAL RELEASE Subject to the provisions of this Agreement, each party waives his or her right to alimony any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with Pennsylvania's Divorce Code. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all caused of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for divorce and except any or all caused of action for any breach of any provision of this Agreement. Each party also waives his or her right to request marital counseling pursuant to Pennsylvania's Divorce Code. 12. ALIMONY Both parties mutually waive all spousal support or alimony from the other. Both parties acknowledge and agree that the provisions of this Agreement providing for the waiver of alimony are fair, adequate and satisfactory based on actual need, ability to pay, duration of the marriage and other relevant factors taken into consideration by the parties. Although the approval of this Agreement by a court of competent jurisdiction in connection with this action in divorce filed by MDP d,q CLP ~ Page 4 of 12 Husband or Wife shall be deemed an order of the court any may be enforced as such, this Agreement, insofar as it pertains only to spousal support and the payment of alimony following the entry of a final Decree in Divorce between the parties, may not be modified, suspended, temfinated or reinstated at the instance of request of either party, or subject to further order of any court upon changed circumstances. Upon that condition, both parties hereby accept the provisions in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for spousal support or alimony and both parties voluntarily and intelligently waive and relinquish any rights to seek a modification, suspension, termination, reinstatement, or other court order with respect to the terms of this Agreement pertaining to the payment of support or alimony. 13. ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES Both parties hereby acknowledge and accept that the provisions of this Agreement providing for the equitable distribution of marital property are fair, adequate and satisfactory to them. Both parties agree to accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees any expenses during and after the commencement of any divorce proceeding between the parties. 14. INCOME TAX RETURNS Each party shall be solely responsible for any and all Federal, State and Local tax liability beginning in 2001 and thereafter. Each parties shall have the exclusive right to any and all refunds based on their Federal, State and Local tax returns beginning in 2001 and thereafter 15. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the martial relationship, including, without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be MDP '~ CLP ~ Page 5 of 12 necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 16. AGREEMENT NOT PREDICATED ON DIVORCE It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing conta'med in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, or from making any just or proper defense thereto. 17. SUBSEQUENT DIVORCE There is a divorce filed by Wife against Husband in Cumberland County. The parties hereby mutually consent to a divorce and the entering of a divorce decree on the no-fault grounds that their marriage is irretrievably broken pursuant to §3301(c) of the Pennsylvania Divorce Code· Parties herein shall execute Affidavits of Consent and a final decree in divorce will then be obtained. 18. BREACH AND ENFORCEMENT If either party hereto breaches any of the provisions of this Agreement, the other party shall have the right to bring any actions or actions in law or equity for such breach, and the breaching party shall be responsible for the payment of all costs and reasonable legal fees incurred by the other party in enforcing his or her rights under this Agreement. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either party in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum MDP '~ CLP ~ Page 6 of 12 of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. 19. RE-ACKNOWLEDGMENT Each party acknowledges that it may be appropriate and required that this Agreement be re- acknowledged at some time in the future before the Clerk of the Commonwealth Court, Clerk of Orphans Court or some other Court, and each party agrees that they will re-acknowledge their signature before the Clerk of such Court upon request of the other party so that this Agreement may comply with the acknowledgment roles and provisions of any such Court. 20. ADDITIONAL INSTRUMENTS Each of the parties hereto agrees that he or she will join in the execution, acknowledgment and delivery of any deed or other document which may be reasonably necessary to carry out the intent of this Agreement. Nothing contained in this section shall affect the right of one party to expressly include or exclude, as the case may be, the other party as beneficiary in any will, insurance policy or other document whether the same is presently in effect or would become effective in the future. 21. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective legal representatives, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is no the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or their respective counsel. 22. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and there are not representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. DISCLOSURE MDP ~ ,~¢'/¢ CLP L~ ¢¢'/2 Page 7 of 12 Each of the parties hereto acknowledges that there has been full disclosure of all relevant matters of each party to the other party, that each of the parties is fully cognizant of his and her legal fights and liabilities with respect to the terms and conditions of this Agreement, that he and she understand the legal effect of this provisions of this Agreement and acknowledge that this Agreement is fair and equitable to each of the parties hereto, and that this Agreement was entered into voluntarily and without any undue influence or duress upon either party hereto. 24. MODIFICATION AND WAIVER This Agreement shall constitute a full, complete, and total binding Agreement between the parties concerning support, maintenance, alimony and property settlement, and is precluded from modification EXCEPT if the parties specifically agree to modify this Agreement. Any and all modifications to this Agreement shall only be by written agreement containing the same formalities as this Agreement and shall exhibit the notarized signatures of both parties, along with two wimesses. The parties specifically agree that they may rescind this Agreement only by written agreement containing the same formalities as this Agreement which shall exhibit the notarized signatures of both parties, along with two wimesses. Any waiver of a breach of any provision of this Agreement shall not constitute an ongoing waiver. 25. PRIOR AGREEMENTS This Agreement constitutes the entire understanding and agreement between the parties hereto, and there are no other representations, warranties, covenants, understandings or agreements other than those expressly set forth herein. 26. INCORPORATION INTO DECREE OF DIVORCE Unless as otherwise provided herein, this Agreement shall be incorporated in and made a part of any Decree that might be entered in any dissolution proceeding between the parties hereto upon the filing by either or both parties of an executed copy of this Agreement in such action and same may be incorporated by reference into any such Decree or court order. MDP ~ ~""~ CLP Page 8 of 12 27. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. whatsoever in determining the rights or obligations of the parties. They shall have no effect 28. INDEPENDENT AND SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto, that each paragraph shall be deemed a separate and independent covenant and agreement. 29. APPLICABLE LAW This Agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 30. VOID CLAUSES If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects, this Agreement shall be valid and continue in full force, effect and operation 3 I. AGREEMENT BINDING ON HEIRS This Agreement shall inure to the benefit of and shall be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns. 32. EFFECTIVE DATE Tl'fis Agreement shall be considered to be effective at 12:01 a.m. on the date set forth on page one of this Agreement. REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK MDP ~/_,.o...~ CLP ~ o,~'~ Page 9 of 12 In Testimony Whereof, witness the signature of the parties hereto this /~'/q'~ day of__ ~&~ .2001. Wimess O{J / Witness CHERYLtLYNN P~'NTER MICHAEL DALE PAINTER Page 10 of 12 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. On this, the 5q.r~ day of O0 ~ ~ ,2001, before me, a Notary Public, personally appeared CHERYL LYNN PAINTER and in due form of law acknowledged the foregoing Property Settlement Agreement to be her act and deed, and desired that the same might be recorded as such. Sworn to and subscribed bef~e me this SM day of ~O_n% <1~ ,2001. ~'Nota~ P~ MDP '¢¢v ,¢/' CLP C° ,:,('fa) Page 11 of 12 COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. On this, the lq day of ~~0y-j~t , 2001, before me, a Notary Public, personally appeared MICHAEL DALE PAINTER and in due form of law acknowledged the foregoing Property Settlement Agreement to be his act and deed, and desired that the same might be recorded as such. Sworn to and sub,scribed befo[e me. this J_~ day of ~I//b ,2001. Notarial Sea IJe~lnifer S. Lindsay, Notary Public Cadisle Boro, Cumberland County My Commission Expires Nov. 29, 2003 Member, pennsylvania Association et Notaries MDP ~ "~'/'~ CLP ~ ,,¢,f9 Page 12 of 12 PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 E. Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 Attorney for Plaintiff CHERYL LYNN PAINTER Plaintiff Vm MICHAEL DALE PAINTER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 5317 CIVIL TERM IN DIVORCE/CUSTODY 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 ) of the Divorce Code. 2. Date and manner of service of the Complaint: Complaint served on MICHAEL DALE PAINTER by Certified Mail, with Acknowledgment of Service by Defendant signed on August 4, 2000 . 3. Date of execution of the plaintiff's affidavit required by Section 3301(c) of the Divorce Code: December 27, 2001 Date of service of plaintiff's affidavit on defendant: December 28,2001 Date of execution of the defendant's affidavit required by Section 3301(c) of the Divorce Code: December 28, 2001 Related claims pending: None Respectfully submitted, Peter J. Russo CHERYL LYNN PAINTER PLAINTIFF V. MICHAEL DALE PAINTER DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-5317 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 7th day of August ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehaniesburg, PA 17055 on the 19th day of September , 2000, at 3:00 p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: /s/ Dawn S. Sunda'v. Esa. '\ Custody Conci~iato~''xr' . The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, Pennsylvania 17013 Telephone (717) 249-3166 ~NVA'IASNNr~I AUG CHERYL LYNN PAINTER Plaintiff MICHAEL DALE PAINTER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- ~'~1~' CIVIL TERM IN DIVORCE/CUSTODY ORDER OFCOURT AND NOW, this day of ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the Conciliator, at on the day of ,2000, at __.m. for a Pre- Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five or older may at the request of either attorney or party, be present at the conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT, By:~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 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 Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 CHERYL LYNN PAINTER Plaintiff V. MICHAEL DALE PAINTER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 -c.~ ~ CIVIL TERM IN DIVORCE/CUSTODY 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 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 the 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, Cumberland County Court House, 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 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 Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 CHERYL LYNN PAINTER Plaintiff MICHAEL DALE PAINTER Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 -~[~ CIVIL TERM IN DIVORCE/CUSTODY COMPLAINT IN DIVORCE UNDER SECTION 3301(c) AND 330'1(d) OF THE DIVORCE CODE AND NOW, COMES, the above-named Plaintiff by and through her attorney Peter J. Russo, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff is an adult individual residing at 110 Mountain Road, Newville, Pennsylvania 17241 Cumberland County, and is a citizen of the United States. 2. Defendant is an adult individual residing at 110 Mountain Road, Newville, Pennsylvania 17241 Cumberland County, and is a citizen of the United States. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for 8 % years and has resided continuously therein for at least six months prior to filing of this Complaint. 4. Defendant has been a resident of the Commonwealth of Pennsylvania for 8 % years and has resided continuously therein for at least six months prior to filing of this Complaint. Maryland. 6. Plaintiff and Defendant were married on October 11, 1986 in Baltimore, There is one child of the parties under the age of eighteen (18): Alene Marie Painter October 19, 1990 COUNT I - DIVORCE Plaintiff hereby incorporates by reference averments 1 through 6 of this Complaint as if each averment were set forth fully hereunder. 8. There has been no prior action for divorce by either party against the other. 9. Neither Plaintiff nor Defendant is in the Armed Fomes of the United States or any of its allies. 10. Plaintiff avers that the marriage between the parties is irretrievably broken. 11. 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, but does not request the same. 12. Plaintiff and Defendant have property which will be subject to a property settlement agreement addressing support issues, which will be filed herein at the appropriate time. WHEREFORE, Plaintiff, CHERYL LYNN PAINTER, prays that a decree be entered in favor of the Plaintiff and against Defendant as follows: A. That a decree in divorce be entered dissolving the marriage between the two parties. COUNT I1: DIVORCE - EQUITABLE DISTRIBUTION 13. Plaintiff hereby incorporates by reference averments 1 through 12 of this Complaint as if each averment were set forth fully hereunder. 14. Plaintiff and Defendant have acquired property, both real and personal, during the course of their marriage. The parties have also acquired home furnishings, motor vehicles, bank retirement accounts, investments and miscellaneous items of personal 15. accounts, property. 16. Thus far plaintiff and defendant have been unable to agree as to an equitable distribution of said property, therefore Plaintiff requests the equitable distribution of said marital property. WHEREFORE, Plaintiff, CHERYL LYNN PAINTER, prays that a decree be entered in favor of the Plaintiff and against Defendant as follows: A. That a decree be entered granting equitable distribution of marital property. COUNT II1: ALIMONY PENDENTE LITE, ALIMONY, COUNSEL FEES AND COSTS 17. Plaintiff hereby incorporates by reference averments 1 through 16 of this Complaint as if each averment were set forth fully hereunder. 18. Plaintiff is without sufficient resources so as to pay for her reasonable needs, counsel fees and costs of these proceedings. WHEREFORE, Plaintiff requests this Honorable Court to award Plaintiff alimony in an amount sufficient to meet her reasonable needs, counsel fees and costs. COUNT IV - CUSTODY 19. Plaintiff hereby incorporates by reference averments 1 through 18 of this Complaint as if each averment were set forth fully hereunder. 20. Plaintiff is CHERYL LYNN PAINTER residing at 110 Mountain Road, Newville, Pennsylvania 17241 Cumberland County, Pennsylvania. 21. Defendant is MICHAEL DALE PAINTER residing at 110 Mountain Road, Newville, Pennsylvania 17241, Cumberland County, Pennsylvania. 22. Plaintiff seeks custody of the following children: Name Present ResidenCe DOB Alene Marie Painter 110 Mountain Road October 19, 1990 Newville, PA 23. The child was not born out of wedlock. 24. The child is presently in the joint custody of the parties, who reside at, 110 Mountain Road, Newville, Pennsylvania 17241. 25. In the last five years the child has resided with the following persons and at the following address: Name Both Parties Address Dates 110 Mountain Road Since Birth Newville, PA 26. The Defendant, the father of the child, is residing at 110 Mountain Road, Newville, Pennsylvania 17241. He is married. 27. The Defendant currently resides with the following persons: Name Relationship Plaintiff W~fe Alene Marie Painter Daughter 28. The Plaintiff, the mother of the child, Pennsylvania 17241. She is married. 29. is 110 Mountain Road, Newville, The Plaintiff currently resides with the following persons: Name Defendant Alene Marie Painter Relationship Husband Daughter 30. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. The court, term and number, and its relationship to this action is: N/A 31. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. The court, term and number, and its relationship to this action is: N/A 32. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation right with respect to the child. The name and address of such person is: N/A 33. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff has been the primary care taker of the subject minor child since birth. Defendant has only recently shown interest in the parties' minor child. 34. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE WHEREFORE, Plaintiff requests this Honorable Court to order that the parties: Peter J. Russo 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 Date: PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 CHERYL LYNN PAINTER Plaintiff MICHAEL DALE PAINTER Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2000 - CIVIL TERM IN DIVORCE/CUSTODY VERIFICATION I, CHERYL LYNN PAINTER, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: CHERYl' LYN~I I~AINTER PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 CHERYL LYNN PAINTER Plaintiff MICHAEL DALE PAINTER Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 5317 CIVIL TERM IN DIVORCE/CUSTODY ACKNOWLEDGMENT OF SERVICE OF COMPLAINT IN DIVORCE UNDER SECTION 330'1(c) AND 3301(d) OF THE DIVORCE CODE AND NOW, COMES, Defendant. MICHAEL DALE PAINTER, and does hereby acknowledge that on the date indicated below he did receive a verified copy of a Complaint in Divorce filed against him in the above captioned case. MICHAEL DALE PAINTER DATED: August 4, 2000 CHERYL LYNN PAINTER Plaintiff MICHAEL DALE PAINTER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 5317 CIVIL TERM IN DIVORCE/CUSTODY PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO ENTER DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 31,2000. 2. The marriage 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 without further notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 5. 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's Office. 6. 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. I understand that the court maintains a list of mardage counselors in the Domestic Relations Office, which list is available to me on request. 7. Being so advised, I, CHERYL LYNN PAINTER, do not request that the Court require my spouse and me to participate in counseling prior to a divorce decree being handed down by the Court. 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 ' CHERYL~LYI~N ~ilAINT~R CHERYL LYNN PAINTER Plaintiff MICHAEL DALE PAINTER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 5317 CIVIL TERM IN DIVORCE/CUSTODY DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO ENTER DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on July 31, 2000. 2. The marriage 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 without further notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 5. 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's Office. 6. 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. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me on request. 7. Being so advised, I, MICHAEL DALE PAINTER, do not request that the Court require my spouse and me to participate in counseling pdor to a divorce decree being handed down by the Court. 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 unswom falsification to Authorities. DATE MICHAEL DALE PAINTER PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 E. Tdndle Road Mechanicsburg, PA 17050 (717) 591-1755 CHERYL LYNN PAINTER Plaintiff Vm MICHAEL DALE PAINTER Defendant Attomey for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 5317 CIVIL TERM IN DIVORCE/CUSTODY PROOF OF SERVICE OF PLAINTIFF'S AFFIDAVIT UPON DEFENDANT AND NOW, COMES, Peter J. Russo, Attorney for Plaintiff, CHERYL LYNN PAINTER, and certifies that on 12-28-01 he did hand deliver Plaintiff's Affidavit to the Defendant, MICHAEL DALE PAINTER, as well as the Affidavit of Defendant Under Section 3301(c) of the Divorce Code requesting his signature. Respectfully~ Peter J. Russo 5010 E. Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 Date: 12-28-01 FEB S 8 CHERYL LYNN PAINTER, Plaintiff MICHAEL DALE PAINTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5317 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY ORDER OFCOURT AND NOW, this day of ,2001, the attached Stipulation and Agreement is hereby made an Order of Court and all prior Orders on this matter are hereby vacated. GOURT, CHERYL LYNN PAINTER, Plaintiff MICHAEL DALE PAINTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5317 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between Cheryl Lynn Painter (hereinafter referred to as "Mother") and Michael Dale Painter (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of Alene Marie Painter, born October 19, 1990 (hereinafter referred to as "child"); and, WHEREAS, the parties are presently separated and living in separate residences; and, WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the child. NOW, THEREFORE, in consideration ~)f the mutual covenants, promises and agreements as hereinafter set forth, and intending to be legally bound hereby, the parties agree as follows: 1. The parties shall have joint legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have partial physical custody of the child beginning on the day father's work week ends, which is presently Monday, from the time the child is finished with her school day until Wednesday at 6:00 p.m, when Father delivers the child to Mother's residence. Father's work days change periodically and it is the intention of the parties that Father's period of physical custody pursuant to this paragraph will change with Father's schedule, as agreed to by the parties. 4. The parties will share physical custody equally during the following holidays, on a schedule to be determined by them after consultation: Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving. Mother shall have the child each Mother's Day, and Father shall have the child each Father's Day. In addition, the parties shall share time with the child on her birthday. 5. New Years Day and Christmas shall be handled as follows: New Years Day shall be divided into two segments: Segment A: December 31 at 10:00 a.m. to January 1 at 10:00 a.m. Segment B: January 1 at 10:00 a.m. to January 2 at 10:00 a.m. Christmas shall be divided into two segments: Segment A: December 24 at 10:00 a.m. to December 25 at 10:00 a.m. Segment B: December 25 at 10:00 a.m. to December 26 at 10:00 a.m. The party who has Segment ^ of New Years Day shall have Segment B of Christmas, while the party who has Segment B of New Years Day shall have Segment ^ of Christmas. The parties shall alternate these holidays on a yearly basis, with Mother having Segment A of New Years Day for 2001. This holiday schedule shall supersede the regular custody arrangement set forth herein. 6. The parties shall be entitled to two non-consecutive weeks of vacation time with the child each summer. It is further the intention of the parties that Father be given additional time with the child as his schedule permits in the summer. 7. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. 8. Neither parent shall do anything which may estrange the child from the other party, or injury the opinion of the child as to the other party or which may hamper the free and development of the child's love or affection for the other party. 9. The parties agree to use appropriate language and conduct when in the presence of the minor child. 10. Any modification or waiver of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 11. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the parties's minor child and shall retain jurisdiction should circumstances change and either party desire or require modification of said Order. 12 The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 13. The parties acknowledge that they have read and understand the provisions of this Agreement. 14. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below. WITNESS: Date: Michael D. Painter mas.masterldomesticlcustodylpainter.stp CHERYL LYNN PAINTER PLAINTIFF V. MICHAEL DALE PAINTER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-5317 CIVIL ACTION LAW IN CUSTODY R F T AND NOW, Thursday, July 12, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechaniesburg, PA 17055 on Thursday, August 02, 2001 at 1:00 p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to de£me and narrow the issues to be heard by the court, and to enter into a temporary order. Ail children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry ora temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, Pennsylvania 17013 Telephone (717) 249-3166 CHERYL LYNN PAINTER Plaintiff/Petitioner V. MICHAEL DALE PAINTER Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2000 - 5317 CIVIL TERM : IN DIVORCE/CUSTODY ORDER OFCOURT You, Michael Dale Painter, have been sued in court to modify custody, partial custody or visitation of the child: Alene Marie Painter. You are ordered to appear in person at on , 2001, at __.m-, for a conciliation or mediation conference. a pretrial conference. a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. FORTHECOURT, By:¸ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 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 Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 CHERYL LYNN PAINTER Plaintiff/Petitioner V= MICHAEL DALE PAINTER Defendant/Respondent : CIVIL ACTION - LAW : : NO. 2000-5317 : IN DIVORCE/CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM PETITION FOR MODIFICATION OF A PARTIAL CUSTODY OR VISITATION ORDER 1. The petition of Cheryl Lynn Painter respectfully represents that on March 1, 2001, an Order of Court was entered for custody, a true and correct copy of which is attached. 2. This Order should be modified because plaintiff/mother has relocated to the State of Maryland and she desire to retain primary custody of the subject minor child. WHEREFORE, Petitioner requests that the Court modify the existing Order for primary custody because it will be in the best interest of the child. Respectfully submitted, Peter J. Russo, Attorney for Plaintiff/Petitioner CHERYL LYNN PAINTER Plaintiff/Petitioner V. MICHAEL DALE PAINTER Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 5317 CIVIL TERM IN DIVORCE/CUSTODY VERIFICATION I, Peter J. Russo, counsel for the plaintiff, being familiar with facts of this matter, verify that the statements made in the foregoing document 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 Peter J. Russo CHERYL LYNN PAINTER, Plaintiff MICHAEL DALE PAINTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5317 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY AND NOW, this !~;r' ORDER OFCOURT day of ~ ,2001, the attached Stipulation and Agreement is hereby made an Order of Court and all 3rior Orders on this matter are hereby vacated· <~COURT, TRUE COPY FROM In Te~mony whereof, I here un';~ ....... :.,__ . CHERYL LYNN PAINTER, Plaintiff MICHAEL DALE PAINTER, Defendant IN THE COURT OF COMMON P~8 OF CUMBERLAND COUNt, PENN~VA~:IA NO. 00-5317 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between Cheryl Lynn Painter (hereinafter referred to as "Mother") and Michael Dale Painter (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of Alene Marie Painter, born October 19, 1990 (hereinafter referred to as "child"); and, WHEREAS, the parties are presently separated and living in separate residences; and, WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the child. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, and intending to be legally bound hereby, the parties agree as follows: 1. The parties shall have joint legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have partial physical custody of the child beginning on the day father's work week ends, which is presently Monday, from the time the child is finished with her school day until Wednesday at 6:00 p.m, when Father delivers the child to Mother's residence. Father's work days change periodically and it is the intention of the parties that Father's period of physical custody pursuant to this paragraph will change with Father's schedule, as agreed to by the parties. 4. The parties will share physical custody equally during the following holidays, on a schedule to be determined by them after consultation: Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving. Mother shall have the child each Mother's Day, and Father shall have the child each Father's Day. In addition, the parties shall share time with the child on her birthday. 5. New Years Day and Christmas shall be handled as follows: New Years Day shall be divided into two segments: Segment A: December 31 at 10:00 a.m. to January 1 at 10:00 a.m. Segment B: January 1 at 10:00 a.m. to January 2 at 10:00 a.m. Christmas shall be divided into two segments: Segment A: December 24 at 10:00 a.m. to December 25 at 10:00 a.m. Segment B: December 25 at 10:00 a.m. to December 26 at 10:00 a.m. The party who has Segment A of New Years Day shall have Segment B of Christmas, while the party who has Segment B of New Years Day shall have Segment A of Christmas. The parties shall alternate these holidays on a yearly basis, with Mother having Segment A of New Years Day for 2001. This holiday schedule shall supersede the regular custody arrangement set forth herein. 6. The parties shall be entitled to two non-consecutive weeks of vacation time with the child each summer. It is further the intention of the parties that Father be given additional time with the child as his schedule permits in the summer. 7. The parties will keep each other advised immediately relative to any ,~mergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. 8. Neither parent shall do anything which may estrange the child from the other party, or injury the opinion of the child as to the other party or which may hamper the free and development of the child's love or affection for the other party. 9. The parties agree to use appropriate language and conduct when in the presence of the minor child. 10. Any modification or waiver of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this , Stipulation and Agreement. 11. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the parties's minor child and shall retain urisdiction should circumstances change and either party desire or require modification of said Order. 12 The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 13. The parties acknowledge that they have read and understand the arovisions of this Agreement. 14. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the partieS hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below. WITNESS: Date: Michael D. Painter mas.masterldomesticlcustodylpainter, stp CHERYL LYNN PAINTER Plaintiff/Petitioner MICHAEL DALE PAINTER Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2000. 5317 CIVIL TERM : IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, Melissa M. Mehaffey, hereby certify that I am on this day serving a copy of the Petition for Modification of a Partial Custody or Visitation Order upon the person (s) and in the manner indicated below; Service by First-Class Mail, Postage Prepaid, and Addressed as Follows: MICHAEL PAINTER cio MICHAEL A. SCHERER, ESQUIRE O'BRIEN, BARIC & SCHERER '17 WEST SOUTH STREET - CARLISLE, PA t7013 Melissa M. Mehaffey, I~.~'egal Date: Monday, July 2, 2001 CHERYL LYNN PAINTER, Plaintiff MICHAEL DALE PAINTER, Defendant IN THE OOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5317 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY NOV AND NOW, this 8th day of November, 2000, the Conciliator, being advised by Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. The Conciliation Conference scheduled for November 8, 2000 is canceled. FOR THE COURT, Custody Conciliator VINVA"tACGNN]d L8:1] ~-Id g I AON O0 CHERYL L. PAINTER, Plaintiff vs. MICHAEL D. PAINTER, Defendant JUL : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 00-5317 CIVIL TERM : : CIVIL ACTION- LAW : : IN CUSTOOY AND NOW, this 26th day of July, 2001, the Conciliator, being advised by Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdictioa in this case. The Custody Conciliation Conference scheduled for August 2, 2001 is canceled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator CHERYL LYNN PAINTER Plaintiff/Petitioner Vg MICHAEL DALE PAINTER Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 53'17 CIVIL TERM IN DIVORCE/CUSTODY CUSTODY ORDER ANDNOW, this ¢~il~dayof ~ of the within Stipulated Custody Agreement, IT IS HEREBY ORDERED AND DECREED THAT: 1. ,2001, upon consideration The parties shall share legal custody of the parties' minor child, Alene Marie Painter, bom, October 19, 1990. 2. The Mother shall have pdmary physical custody of the parties' minor child. 3. The parties specifically agree that the subject minor child shall reside in the State of Maryland with Mother. 4. The Father shall be entitled to liberal visitation as mutually agreed upon by both parties. 5. Both parents shall permit reasonable telephone access to the child while the child is in his or her custody. 6. The parents are encouraged to accommodate the reasonable requests of the other parent for alternations of any agreed upon schedule, as the circumstances and best interests of the child required. 7. Each party shall be responsible to provide transportation for the beginning of his or her period of visitation. 8. If either party hereto breaches any of the provisions of this Agreement, the other party shall have the dght to bdng any actions or actions in law or equity for such breach. 9. Neither party shall do anything which may estrange the Child from the other, or injure the opinion of the Child as to the other party, or which may hamper the free and natural development of the Child's love or affection for the other party. 10. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 11. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County does, in fact have jurisdiction over the issue of custody of the parties' minor Child and shall retain such jurisdiction should circumstances change and either party desire or require modification of said Order. 12. The parties agree that in making this ^greement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. 13. The parties acknowledge that they have read and understand the provisions of this ^greement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. BY TH~ Peter J. Russo, Esquire Michael A. Scherer, Esquire CHERYL LYNN PAINTER Plaintiff/Petitioner Vm MICHAEL DALE PAINTER Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2000 - 5317 CIVIL TERM : IN DIVORCE/CUSTODY STIPULATED CUSTODY AGREEMENT AND NOW, COMES, the parties in the above-captioned matter, to wit, Cheryl Lynn Painter and Michael Dale Painter and request that the attached Order of Court be entered by the Court, by stipulation of the parties. NOW, THEREFORE, the parties hereto, each intending to be legally bound hereby, place their seal: Cheryl Lyhn P"~i{~er Date: ~ - I ~ - 0 ) Michael Dale Painter COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. On this, the I vj day of ~-',~l~t/,/' , 2001, before me, a Notary Public, personally appeared CHEI~YL I~YNN PAINTER and in due form of law acknowledged the foregoing Custody Agreement to be her act and deed, and desired that the same might be recorded as such. Sworn ~r Notary Pub :1 ~ubscribed C NOTARIAL SEAL Wendy M. Burkholder, Notary Public Carlisle, Cumberland County Commissloa Expires June 7, 2003 COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Public, personally appeared MICH,~L I~ALE PAINTER and in due form of law acknowledged the foregoing Custody Agree~hent to be his act and deed, and desired that the same might be recorded as such. Sworn before of_~ Notary Public NOT IIAL SEAL Wendy M. Bud(holder, Notary Public Carllale, Cumberlmld County .My Cemmlsslon Explm~ June 7, CHERYL LYNN PAINTER, Plaintiff MICHAEL DALE PAINTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5317 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE/CUSTODY DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on July 31, 2000. 2. Defendant acknowledges receipt and accepts service of the Complaint on 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Michael Dale Painter NOV 8 201)ld) CHERYL LYNN PAINTER, Plaintiff MICHAEL DALE PAINTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5317 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER this ~'O'¥~ day of J~ ~ , 2001, the following The Alternate Payee's date of birth is December 13, 1956. 3. The parties were married on October 11, 1986 and divorced on The parties have signed a Property Settlement Agreement dated October 19, 2001, wherein it was agreed at paragraph 6. that the Husband (Plan Participant) would pay to Wife (Alternate Payee) the sum of $12,500.00 from his 401k Plan with Watkins Motor Lines, Inc. 21221. AND NOW, Domestic Relations Order is hereby approved as a Qualified Domestic Relations Order. I. Identifying Information: 1. The Participant is Michael Dale Painter. The Participant's social security number is 213.70.3612. The Participant's address is 2250 Dusty Lane, Enola, Cumberland County, Pennsylvania 17025. The Participant's date of birth is July 3, 1957. 2. The Alternate Payee is Cheryl Lynn Painter. The Alternate Payee's social security number is 213.68.9816. The Alternate Payee's address is 317 Wye Road, Baltimore, Maryland II. Method Of Dividing Participant's Benefits 1. The Watkins Motor Lines, Inc. "Watkins Associated Industries, Inc. Employees' Incentive Savings Plan" shall pay to Alternate Payee the sum of Twelve Thousand Five Hundred ($12,500.00) Dollars pursuant to paragraph six of the Property Settlement Agreement dated October 19, 2001. Said funds shall be segregated into an account in Alternate Payee's name alone or transferred to a qualified plan as may be directed by Alternate Payee. The Plan Administrator shall pay said funds to Alternate Payee immediately upon determination that this Order constitutes a qualified domestic relations order. 2. The Alternate Payee shall receive the sum of $12,§00.00 valued as of the date the distribution is made pursuant to this Order, and Alternate Payee shall not be credited with net income, loss or expense from the date this Order is signed until the date the funds are segregated into an account in Alternate Payee's name alone. III, Other Provisions 1. This Order is intended to constitute a Qualified Domestic Relations Order within the meaning of Section 414 (p) of the Internal Revenue Code of 1986, as amended and Section 206 (d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 2. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a Qualified Domestic Relations Order. Pa.C.S.A. section 3101 et. seq. This Order is entered pursuant to the Divorce Code of Pennsylvania, 23 V~NVA'¥~NN3d CHERYL LYNN PAINTER, Plaintiff MICHAEL DALE PAINTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5317 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE AND NOW, this.~'O~''' day of .ZI~ZY~2]~~, 2001, the parties agree, through counsel, to enter the following Qualified Domestic Relations Order: I. Identifying Information: 1. The Participant is Michael Dale Painter. The Participant's social security number is 213.70.3612. The Participant's address is 2250 Dusty Lane, Enola, Cumberland County, Pennsylvania 17025. The Participant's date of birth is July 3, 1957. 2. The Alternate Payee is Cheryl Lynn Painter. The Alternate Payee's social security number is 213.68.9816. The Alternate Payee's address is 317 Wye Road, Baltimore, Maryland 21221. The Alternate Payee's date of birth is December 13, 1956. 3. The parties were married on October 11, 1986 and divorced on The parties have signed a Property ,Settlement Agreement dated October 19, 2001, wherein it was agreed at paragraph 6. that the Husband (Plan Participant) would pay to Wife (Alternate Payee) the sum of $12,500.00 from his 401k Plan with Watkins Motor Lines, Inc. II. Method Of Dividing Participant's Benefits 1. The Watkins Motor Lines, Inc."Watkins Associated Industries, Inc. Employees' Incentive Savings Plan" shall pay to Alternate Payee the sum of Twelve Thousand Five Hundred ($12,500.00) Dollars pursuant to paragraph six of the Property Settlement Agreement dated October 19, 2001. Said funds shall be segregated into an account in Alternate Payee's name alone or transferred to a qualified plan as may be directed by Alternate Payee. The Plan Administrator shall pay said funds to Alternate Payee immediately upon determination that this Order constitutes a qualified domestic relations order. 2. The Alternate Payee shall receive the sum of $12,500.00 valued as of the date the distribution is made pursuant to this Order, and Alternate Payee shall not be credited with net income, loss or expense from the date this Order is signed until the date the funds are segregated into an account in Alternate Payee's name alone. III. Other Provisions 1. This Order is intended to constitute a Qualified Domestic Relations Order within the meaning of Section 414 (p) of the Internal Revenue Code of 1986, as amended and Section 206 (d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 2. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a Qualified Domestic Relations Order. 3. This Order is entered pursuant to the Divorce Code of Pennsylvania, 23 Pa.C.S.^. section 3101 et. seq. APPROVED FOR ENTRY: Michael A. Scherer, Esquire Attorney for Michael Dale Painter Peter J. Russo, Esquire Attorney for Cheryl Lynn Painter ¥1NVA'IASNN~a