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HomeMy WebLinkAbout03-2440 II APRIL M. GIFT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW /1 - ., T:t.- NO. 03- ~'1I..fO u.,vw STEPHEN P. GIFT, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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 at: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A D[VORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 " Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA APRIL M. GIFT, vs. CIVIL ACTION - LAW NO. STEPHEN P. GIFT, Defendant IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. II APRIL M. GIFT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 03-,), <t4D C44 TJ--.- STEPHEN P. GIFT, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, APRIL M. GIFT, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is APRIL M. GIFT, an adult individual who currently resides at 3 Truffle Glen Road in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is STEPHEN P. GIFT, an adult individual who currently resides at 604 Heritage Court in Mechanicsburg, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 24 April 1982 in Chambersburg, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. II COUNT II - EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as martial property. COUNT III - ALIMONY 10. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 11. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 12. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Plaintiff and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT IV - ALlMO~!Y PENDENTE LITE 1 3. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 14. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. COUNT V - COUNSEL FEES AND EXPENSES 15. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 16. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 17. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expense of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in this litigation of this action. ~ Attorney for Plaintiff Supreme Court 10 # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: i'5/tL// (J 3 1J141Y?~# APRIL . GIFT rr " ~ '<7 "- ~ ~ ~ ~ (ro, t I 0,) "-I" 1 lr\i ~I '" Ie '~r If ~ (") a c: ("".- () . s: -n F :0,-.-; :J: .'---1 m'~ '::.ir. .2: r: 1 --< T~ :r; ~ z;_. ,"-) r.~- ~~... 17Tl c..) C:J ~ ~(_: -.S;) 3E() :;:,... 1~ .:x 0 --( ; d >-c--1 Y? -,; ""'--- .--; =< c- S ....J -< ? t ~ SHERIFF'S RETURN - REGULAR CASE NO: 2003-02440 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GIFT APRIL M VS GIFT STEPHEN P ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon GIFT STEPHEN P the DEFENDANT , at 1707:00 HOURS, on the 2nd day of June , 2003 at 1205 MANOR DRIVE MECHANICSBURG, PA 17055 by handing to STEPHEN GIFT a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.97 .00 10.00 .00 36.97 ~/7/ ..__c- ./~~ .r ~~.n"".4~;'. ,1' ~~- R. Thomas Kline 06/03/2003 SAMUEL ANDES Sworn and Subscribed to before BY:~si d '\ ' < -11..//( Dep ~eriff me this /;1. ~ day of ~_! .JPr,0 A.D. 4t:t/22r~" ~ IN THE COURT OF COMMON PLL\S OF CUMBERLAND COUNTY. PENNSYLVANL-I. APRIL M. GIFT PlaintHf 'IS. STEPHEN p, GIFT NO. 03-2440 19 Stephen Po Gift a master with respect to the (X) Divoree ( ) Annulment (x) AliJllony (x) AliJllony Pendente MOTION FOR APPOINTI1ENT OF l1AS!ER j{lKW~j<l!J{~ (Defendant). fallowing elaiJlls: moves the court to appoint Lite (X) ( X) (X) ( ) Distribution of Property Supporc Counsel Fees Costs and Expenses and in support of the motion states: (1) Diseovery is eomplete as to the claims(s) appointment of a master is requested. (2) The defendant (has) ibascml:a:x appeared in (by his attorney, Barbara Sumple-Sullivan (3) The sraturory ground(s) for divoree (is) for rN"hich the the action (~~ ,Esquire). (are) 3301 (4) Delece the inapplicable paragraph(s): (a) The action is noc conrested. (b) ."u1 agreement has been reached wich respect to the fallowing claims: Support, Alimony and APL (e) The accion is concesced 'Jith respect :0 the rollowing claims:Distribution of Property (5) The accion ~~i~ (does not involve) cample", issues of law or fact:. (6) (7) The hearing is expected to take Three (3) ~ (days). Additional informacion.' any re1.ovant '-a he mo 'on ~~:. (Defendant) ORDER APPOINTL."IG MA_3TI:RBarbara Sumple-Sullivan, Esquire Date: 3k,/l)~ ,/ AND NOW ,19 , is appointed master -Jith respecr to the rollowing claiJlls: Esquire., By the Court: J ...., t& ::of, o;J" -::;;.. ~, 1"> ..9 -n '~}~"l -".." r~ (J1 ----' APRIL M. GIFT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03 - 2440 CIVIL STEPHEN P. GIFT, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ---z.--tJ day of 2006, the economic claims raised in the proceedings having b en resolved in accordance with a property settlement agreement dated January 10, 2006, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Edg cc: ~el L. Andes Attorney for Plaintiff ~rbara Sumple-Sullivan Attorney for Defendant \ - \ II. k)-I)'~ , I PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this tv -& day of ~ ~I,( (V1I ( by and between: STEPHEN P. GIFT of 5445 Joshua Road, Mechanicsburg, Pennsylvania, hereinafter ,2006, is referred to as "Husband"; and APRIL M. GIFT of 810 Tavistock Road in Mechanicsburg, Pennsylvania, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on 24 April 1982 and are the natural parents of two sons: Philip Alexander Gift, born 14 October 1985, now an emancipated adult and Ryan Michael Gift, born 4 February 1988; and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Wife has initiated an action in divorce filed to No. 03-2440 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by Samuel 1. Andes, Esquire, and Husband by Barbara Sumple-Sullivan, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hereto; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for their minor son and for their rights and responsibilities in and toward said minor son, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. Page 1 of 19 " NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1. CIDLD SUPPORT. Husband shall pay to Wife, through the Domestic Relations Office, the sum of $2,000.00 per month as child support for the parties' son Ryan. The payment shall commence in January of 2006 and continue until 30 June 2007 or, if anything interrupts Ryan's gradulation from high school, the payments will continue until the date of Ryan's graduation from high school if it occurs after 30 June 2007. To support for Ryan, the parties further agree as follows: A. Husband shall pay 80% of the medical and other health care expenses incurred for Ryan, as defined by the support law of Pennsylvania, not paid by or for which the parties are not reimbursed by the health insurance Husband provides for Ryan pursuant to this Agreement, to the extent that those expenses exceed $250.00 in any calendar year. B. The parties acknowledge that Husband's obligation to pay support for Ryan, as set forth in this Paragraph, is a contractual obligation of Husband which is not subject to modification by any court or tribunal at any time. In the event that Husband, for any reason, does not pay the support for Ryan pursuant to this Paragraph, Wife shall be entitled to enforce her right to receive such support as a contract right arising under this Agreement. C. The support payments provided for herein shall be paid through the Domestic Relations Office of Cumberland County. The parties shall, by agreement or stipulation, modify the terms of the order presently entered to the support case entered to Docket No. 189-5-2004 (P AC5E5 No. 669106206) which such modification to become effective on 1 January 2006. Page 2 of 19 11- The parties agree that they will make, execute, acknowledge and deliver all documents, and will take all actions reasonably necessary, to implement and enforce the terms and provisions of this Paragraph. 2. ALIMONY. Husband shall pay Wife alimony as follows: A. The amount of alimony shall by $5,000.00 per month. The amount of alimony shall be subject to modification by the Court of Common Pleas of Cumberland County only in the event that there is a substantial change in financial circumstances of the parties, as a result of which Husband's income declines by 30 percent or more below what it was for calendar year 2003 or increases by 30 percent or more above what it was for calendar year 2003 or Wife's earned income (from the operation of a business or from employment) exceeds $35,000.00 per calendar year. In interpreting this Paragraph, the parties shall define income as defined by the law, and the courts, of the Commonwealth of Pennsylvania, including all cash distributions and other income capacities available to either of the parties and shall disregard any decrease in income which results from any voluntary act of either party (except retirement due to age) or from any unethical, illegal, or other improper act of either party. B. The term of the alimony shall be indefinite and the alimony payments shall terminate only upon the death of Husband, the death of Wife, Wife's remarriage, Wife's cohabitation (as defined by Pennsylvania law) or an order of court eliminating the alimony payments in accordance with the modification provisions of Sub-Paragraph A hereof. The alimony payments shall commence in the month of January 2006, with all payments being due on or before the 15th day of each month. C. The alimony payments shall be made through the Domestic Relations Office of Cumberland County and the parties will cooperate to obtain an order entered in the divorce action providing for such payment and the administration Page 3 of 19 II :' and enforcement of the alimony provisions of this Agreement by the Court of Common Pleas of Cumberland and the Cumberland County Domestic Relations Office. D. Both parties shall treat the payments made pursuant to this Paragraph as alimony for tax purposes so that Husband may deduct the payments from his income for income tax purposes and Wife shall include the payments as income for her income tax purposes. The parties shall cooperate with each other and their counsel to obtain, implement, administer, and enforce the alimony order contemplated by this Paragraph. 3. HEALTH INSURANCE. Husband shall provide, or contribute to the cost of, health insurance as follows: A. Husband shall provide, at his sole expense and at no cost to Wife, full health insurance coverage, substantially equivalent to the health insurance Husband or his business provides for Husband, for the parties' two sons as long as they are eligible for such insurance coverage. B. He shall pay to Wife a sum, not to exceed $200.00 per month, which represents one-half of the cost to her of her health insurance coverage following the divorce of the parties. He shall make those payments commencing with the month of January, 2006, and continuing through the end of June, 2009. Both parties agree that they shall treat these payments as alimony for tax purposes, but the payments shall be made directly from Husband to Wife on a monthly basis. 4. LIFE INSURANCE. Husband shall obtain and maintain, at his sole expense, a policy or policies of insurance on his life sufficient to provide $250,000.00 of death benefits payable to Wife in the event of his death and the parties. The parties hereto hereby agree and covenant that Wife will be designated as the sole and exclusive beneficiary of at least $250,000.00 of death benefits under such policies and that Husband shall maintain her as such beneficiary as long as he is obligated to pay alimony or child support pursuant to the terms of this Agreement. Page 4 of 19 " Husband hereby agrees and promises to pay any and all premiums, dues, and assessments on the said policies from and after the date hereof and to take all actions necessary to keep such policies in full force and effect for the benefit of Wife so long as he is obligated to pay alimony or child support pursuant to this Agreement and, further covenants, promises, and agrees that he shall not encumber, assign, or otherwise take any action with regard to those policies which would reduce the death benefits available to Wife upon his death to less than $250,000.00. Further, Husband agrees that he shall, at least annually, provide verification from Wife that the policies remain in full force in effect and that she is designated the beneficiary of the amount of death benefits provided in this Paragraph. 5. SOUTH CAROLINA REAL ESTATE INTEREST. The parties acknowledge that, during the marriage, they obtained a 16.67 percent interest in the partnership, known as Sun, Sea, and Sand, which, in turn, owns a vacation home on Hilton Head Island in South Carolina. With regard to their interest in that entity, the parties agree as follows: A. Wife shall transfer and assign to Husband, all of her right, title and interest in the partnership, such transfer to be effective immediately upon the execution of this Agreement. Thereafter, Husband shall be the sole and separate owner of the interest in the partnership, and the Hilton Head property it owns (hereinafter the "Property"), previously owned by the parties jointly. B. Husband shall assume, be responsible for, and pay, in accordance with their terms, all obligations arising out of the parties' interest in the partnership entity or in the Property it owns, specifically including any and all expenses arising or accruing prior to the date of this Agreement and all expenses arising after the date of this Agreement. Further, Husband shall indemnify and save harmless Wife from any loss, cost, or expense caused to her by his failure to pay and satisfy such obligations. C. Wife shall have the right to the exclusive possession of the Property, pursuant to Husband's continuing rights in the entity that owns the Property, for Page 5 of 19 .II two full weeks each calendar year, for the calendar years 2006 and 2007, and Husband hereby assigns the right to such use to Wife. Wife shall be entitled to use the weeks of 25 September and 25 December 2006. The parties shall select the weeks for Wife's use and occupancy of the Property for 2007 by agreement and, if the parties cannot agree, they shall alternate their choices for such weeks with Wife having the first and fourth choices and Husband having the second and third choices of weeks for use of the Property each year. Notwithstanding the provisions of Sub Paragraph B, Wife shall be responsible to pay the cleaning of the Property following her occupation of the Property and shall be responsible to maintain the Property in good condition, only reasonable wear and tear excepted, during her periods of occupancy, and Wife shall further indemnify and save harmless Husband from any expense caused to him by her failure to do so. Husband shall prepare such documents as are necessary to transfer and assign the parties' interest in the partnership entity and the Property to Husband's name alone, shall obtain the written consent to such assignment by the other members of the partnership entity, and shall obtain those documents for Wife's execution as promptly as possible after the date of this Agreement. Husband shall pay the cost of transferring such interest. 6. RESIDENCE AT 3 TRUFFLE GLEN ROAD. The parties acknowledge that, after their separation, they sold the residence at 3 Truffle Glen Road and that the entire net proceeds of sale, together with the proceeds of a few items of personal property which Wife sold to the purchasers of the residence, were paid and distributed to Wife. Husband hereby waives any further claim to or interest in those proceeds and confirms them to be the sole and separate property of Wife. Further, Husband waives any claim to or interest in the property at 810 Tavistock Road purchased by Wife with the proceeds she received from the sale of the residence at 3 Truffle Glen Road, and confirms that property to be the sole and separate property of Wife free of any further claim by him. Page 6 of 19 II 7. GIFT & ASSOCIATES. LLC. The parties acknowledge that, during the marriage, Husband became a member and owner of Gift & Associates, a limited liability company. With respect to that entity, the parties agree as follows: A. Wife does hereby waive, release, and relinquish any ownership interest in the entity (including a payment made to Husband by Terry Lemon for his acquisition of an ownership interest in the limited liability company, which was paid after the parties' separation) and confirms the same to be the sole and separate property of Husband. B. Husband represents that there are no debts or obligations of the entity, or created on behalf of the entity, for which Wife is or may be liable. To the extent that any claims are asserted against Wife, at any time in the future, arising out of the ownership or operation of the entity, Husband agrees that he shall pay and satisfy such obligations and shall indemnify and save Wife harmless from any loss, cost, or expense, including reasonable attorney's fees, caused to her by his failure to pay and satisfy such claims. The parties shall make, execute, acknowledge, and deliver any and all documents, and take any actions reasonably required, to implement the terms and provisions of this Paragraph as promptly after the execution of this Agreement as reasonably possible. 8. IFS GROUP LLC. The parties acknowledge that, during the marriage, Husband became a member and owner of IFS Group, a limited liability company. With respect to that entity, the parties agree as follows: A. Wife does hereby waive, release, and relinquish any ownership interest in the entity and confirms the same to be the sole and separate property of Husband. B. Husband represents that there are no debts or obligations of the entity, or created on behalf of the entity, for which Wife is or may be liable. To the extent that any claims are asserted against Wife, at any time in the future, arising out of Page 7 of 19 II the ownership or operation of the entity, Husband agrees that he shall pay and satisfy such obligations and shall indemnify and save Wife harmless from any loss, cost, or expense, including reasonable attorney's fees, caused to her by his failure to pay and satisfy such claims. The parties shall make, execute, acknowledge, and deliver any and all documents, and take any actions reasonably required, to implement the terms and provisions of this Paragraph as promptly after the execution of this Agreement as reasonably possible. 9. M &; G ASSOCIATES. The parties acknowledge that, during the marriage, Husband became a member and owner of M & G Associates, a partnership organized under the laws of the Commonwealth of Pennsylvania. With respect to that entity, the parties agree as follows: A. Wife does hereby waive, release, and relinquish any ownership interest in the entity and confirms the same to be the sole and separate property of Husband. B. Husband represents that there are no debts or obligations of the entity, or created on behalf of the entity, for which Wife is or may be liable. To the extent that any claims are asserted against Wife, at any time in the future, arising out of the ownership or operation of the entity, Husband agrees that he shall pay and satisfy such obligations and shall indemnify and save Wife harmless from any loss, cost, or expense, including reasonable attorney's fees, caused to her by his failure to pay and satisfy such claims. The parties shall make, execute, acknowledge, and deliver any and all documents, and take any actions reasonably required, to implement the terms and provisions of this Paragraph as promptly after the execution of this Agreement as reasonably possible. 10. ASSETS TO BE TRANSFERRED TO OR RETAINED BY HUSBAND. The parties agree that Husband shall be the sole and separate owner of the following assets, whether those assets are now held in joint names or the name of either of the parties individually: Page 8 of 19 II I A. The balance in Husband's checking and money market accounts with PNC Bank, NA at the time of the parties separation. B. Husband's interest in the One-Twenty Investment Club, or any proceeds received by Husband from the liquidation, sale, or transfer of his interest in that club after the date of separation. C. Assets having a value of $60,000.00 as of the date of this agreement and adjusted for investment activity results after that date until the date of transfer from the investment account with Gabelli Funds, consisting of the Gabelli Global Growth Fund (Account No. 100008868), the Gabelli Growth Fund (also Account No. 100008868), and the Gabelli Small Cap Fund (Account No. 100290545). D. Husband's rollover individual retirement account with Oppenheimer Funds/Strategic Income Fund A (Account No. 2302307449079). E. The balance in Husband's four other individual retirement accounts with Oppenheimer Funds, specifically including Discovery Fund A (Account No. 5005003480796), Enterprise Fund A (Account No. 8858850756580), International Growth Fund A (Account No. 8258250745327), and Strategic Income Fund A (Account No. 2302307424571), after the rollover transfer to Wife pursuant to Paragraph 11-H of this agreement. F. Husband's individual retirement account with Scudder Funds. G. Subject to his obligation to maintain insurance on his life, as set forth in Paragraph 4 of this Agreement, the cash value and other ownership interests in the insurance on his life issued by Massachusetts Mutual Life Insurance Company and the American Express Life Insurance Company. H. Previous distributions to Husband from the joint account owned by the parties with Oppenheimer Funds, in the amount of $39,014.00. 1. The balance in Husband's individual retirement account with Gabelli Funds after the transfer to Wife required by Paragraph 11-1 of this agreement. page 9 of 19 II. The parties agree that they will make, execute, acknowledge and deliver, within thirty (30) days :! i' after the date of this agreement, all documents necessary to transfer such items to Husband's name alone and for Wife to waive any further claim to or interest in such assets and Wife does hereby acknowledge those assets to be the sole and separate property of Husband from and after the date of this agreement. 11. ASSETS TO BE TRANSFERRED TO OR RETAINED BY WIFE. The parties agree that Wife shall be the sole and separate owner of the following assets, whether those assets are now held in joint names or the name of either of the parties individually: A. Proceeds of the sale or trade in of the 2002 Lexus automobile which wife disposed of following the date of separation. B. The funds in her account at Commerce Bank at the time of separation. C. Prior advances from the joint Oppenheimer account in the amount of $65,000.00. D. The accounts held by the parties, in joint names or otherwise, with Oppenheimer Funds, including the balance in the Money Market account after prior distributions to Husband and Wife as reflected in Paragraph 10-G and 11-C in the money market account (Account No. 2002008772764), the Capital Income Fund A (Account No. 3003006024425), the Global Fund A (Account No. 3303301689963), the Main Street Fund A (Account No. 7007008263376), the Mid- Cap Fund A (Account No. 7457451148191), the Emerging Technologies Fund A (Account No. 7657650455356), and the International Growth Fund A (Account No. 8258250658724). E. The investment management account with MFS Securities, previously held in joint names. F. The remaining funds and assets within the Gabelli Funds previously held in the joint names of the parties (including the Gabelli Global Growth Fund (Account No. 100008868), the GabeJli Growth Fund (also Account No. 100008868), Page 10 of 19 and the Gabelli Small Cap Fund (Account No. 100290545), after the distribution to Husband of assets within those funds pursuant to Paragraph 10-C. G. Wife's individual retirement account with Ameriprise Funds, which contains the proceeds of IRAs she held at the time of separation with Oppenheimer Funds, Scudder Funds, and Gabelli Funds. H. A transfer, in the form of a tax-free rollover, of assets having a value of $67,833.28 as of 27 December 2005 and adjusted for investment activity results after that date until the date of transfer, from one or more of his individual retirement accounts with Oppenheimer Funds, as those accounts are listed in Paragraph lO-E. 1. A transfer, in the form of a tax-free rollover of assets having a value of $60,000.00 as of 29 December 2005 and adjusted for investment activity results after that date until the date of transfer, from his individual retirement account with Gabelli Funds. The parties agree that they will make, execute, acknowledge and deliver, within thirty (30) days after the date of this agreement, all documents necessary to transfer such items to Wife's name alone and for Husband to waive any further claim to or interest in such assets and Husband does hereby acknowledge those assets to be the sole and separate property of Wife from and after the date of this agreement. 12. QUALIFIED DOMESTIC RELATIONS ORDERS. To the extent that a Qualified Domestic Relations Order, or any other order of court, is required to make the transfers of financial assets contemplated by this Agreement without income tax consequences, so that tax- deferred assets can be transferred by tax-free rollover, the parties will cooperate to obtain such Orders and will share equally the cost of obtaining the entry and implementation of those orders as promptly after the date of this Agreement as possible. 13. CASH PAYMENT. As part of the equitable distribution of the marital property of the parties, Husband shall pay to Wife the sum of $200,000.00. That sum shall be paid, without Page 11 of 19 I interest, in ten (10) consecutive semi-annual payments of $20,000.00 each, the first of which shall be due on or before 15 June 2006, the second of which shall be due on or before 15 December I 2006, and the remaining payments shall then be due consecutively six months thereafter until !! the total of $200,000.00 has been paid. The payments shall not bear interest unless Husband fails to make any of the payments within thirty (30) days of the date they are due, in which event the entire principal balance shall become immediately due and owing and shall bear interest thereafter at the rate of six (6%) percent per annum until paid. Further, Husband's promise to make the payments pursuant to this paragraph shall be secured by a Promissory Note which shall contain a confession of judgment clause (but the parties agree that the note shall not be recorded to enter judgment on that note prior to Husband's failure to make any of the payments within thirty (30) days of the date they are due) and an order entered in the divorce action requiring such payments. 14. SONS' MOTOR VEHICLES. The parties acknowledge that they own a 2000 Nissan Xterra automobile and a 2004 Nissan Frontier truck which they hold for their sons. The parties agree that the equity in those vehicles shall belong to the sons and that neither of the vehicles, nor the equity in them, are marital property or belong to either of the parties. 15. PERSONAL PROPERTY. The parties agree that Wife shall return to Husband, upon the execution of this Agreement, the diamond from the engagement ring which he gave to Wife at the time of their engagement. In addition, the parties acknowledge that a pocket watch, given to the parties' son by Husband's family, belongs to the son. Wife shall, upon the execution of this agreement, locate the pocket watch and deliver it to Husband for him to keep for the child. Regardless, however, of who has possession of the pocket watch, the parties agree that it is not marital property, does not belong to either of them, but instead belongs to the child. Otherwise, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, jewelry, books, antiques, and wine collection and all other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible Page 12 of 19 I ,I I personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 16. DISPUTED DEBTS TO HUSBAND'S PARENTS. The parties acknowledge that one of the issues raised in the negotiations between them was Husband's contention that the parties owed various sums of money to his parents, M. LeRoy Gift and Esther G. Gift, as a result of monies advanced by his parents to him or to the parties during the marriage, some of which advancements were secured by Promissory Notes. The parties further acknowledge that Wife has disputed those claims contending they are barred by the statute of limitations or were intended as gifts, at least in part. The parties further acknowledge that they have resolved this matter and that Husband shall be solely responsible to repay any such loans or debts owed to his parents, whether arising during the marriage or not, and Husband further agrees that he shall indemnify and save harmless Wife from any loss, cost, or expense which may be caused to her, including reasonable attorneys fees, in the event that he does not payor otherwise satisfy any claims against Wife by his parents. 17. CREDITS. The parties acknowledge that, during their negotiations, Husband claimed various credits against the marital assets for funds which he advanced to improve, preserve, or otherwise deal with marital assets, including, without limitation, funds he expended to pay federal and state income taxes, funds spent to maintain the parties' interest in the partnership entity that owned the Hilton Head property, and funds he advanced to other business entities in which he owned an interest. In consideration of the terms and provisions of the settlement agreed upon by the parties, Husband hereby acknowledges that he is not entitled to any further credit for such advances or payments and Husband does hereby withdraw any further claim for credit for those matters. Page 13 of 19 _II I 18. WAIVER OF FURTHER EOUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 19. WAIVER OF FURTHER CLAIMS FOR SPOUSAL SUPPORT. ALIMONY. OR ALIMONY PENDENTE LITE. The parties agree that, upon the commencement of Husband's payment of alimony in accordance with this Agreement, Husband's obligation to pay spousal support to Wife shall terminate and, upon payment of any and all arrears then due for spousal support under the support order described hereinabove (which Husband shall pay in full by 31 January 2006), the spousal support provisions of that order shall terminate. In the event that Husband has overpaid his obligation under the spousal support order so that there is a credit at the time it is terminated, that credit shall be applied to the alimony due to Wife for the month of January, 2006. Otherwise, the parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by Page 14 of 19 ----II. each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 20. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 21. WAIVER OF OTHER PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will Page 15 of 19 II I of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. Nothing in this Paragraph, however, shall preclude either party from recovering attorneys fees, costs, and expenses that are incurred in the enforcement of any of the rights and obligations created by this Agreement. 22. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for ! I I! II I, I I I , which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 23. RELEASE. The parties acknowledge that the purpose of this agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this Page 16 of 19 .11. I agreement, which shall survive the date of this agreement until such obligations are fully performed. 24. DISCLOSURE. Both of the parties hereto represent to the other that they have made full disclosure of the assets and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed such information, as well as the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of their marriage and of any divorce action which has or may be filed between the parties with an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice and voluntarily decide not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owned by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree that they are satisfied with their understanding of their legal rights and obligations. Being so aware and satisfied, the parties mutually accept the terms and provisions of this agreement in full satisfaction of any and all rights or obligations arising of their martial status or the divorce action now pending or to be filed between them. 25. CONCLUSION OF DIVORCE. The parties acknowledge that this agreement is made in contemplation of the conclusion by both of them of an action in divorce which has been filed or will be filed shortly by one of the parties hereto. Both of the parties hereto agree that they shall, contemporaneously with the execution of this agreement, execute and deliver to their respective attorney or attorneys, an Affidavit of Consent under Section 330l(c) of the Divorce Code, consenting to the entry of a final decree in divorce, and a Waiver of further notice for the entry of such decree. Both parties agree that they shall accept the terms and provisions of this agreement in full satisfaction of any claims they may have under the Divorce Code of the Page 17 of 19 :If I Commonwealth of Pennsylvania, including, but not limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the like. 26. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 27. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 28. NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. 2$' ~ ,. ! , ~A",' Witness d ~ ~~Ni>.~~t~ &~~ itn ss ~/lJ1.Jt~ AP M. GIFT Page 18 of 19 .II. Ii COMMONWEALTH OF PENNSYLVANIA ) ( 55.: COUNTY OF CUMBERLAND ) On this, the I b-f+a.ay of -:JQhUlI,/, 2006, before me, the undersigned officer, personally appeared STEPHEN P. GIFT known to m~ (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowlediTd that said person executed same for the purposes therein contained. / //" ( /" , '---- 1M; Commission Expires: . official seal. IN WITNESS WHEREOF, I hereunto set my han NOTARIAL SEAL BARIIA/lA SUMPlE-SUUlVAN Notary PublIC NEWCUM8ERI.AND BOROUGH CUMBERlAND COUNI'I Commlsllon Ex res Nov 15. 2007 COMMONWEALTH OF PENNSYLVANIA ) (55.: COUNTY OF CUMBERLAND ) On this, the IO-lk day of T"'-N'-'''^1 ,2006, before me, the undersigned officer, personally appeared APRIL M. GIFT known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. IT'~ My Commission Expires: LYNN ~1Ili ~-"E..o, NOr_JIWUC MY -":,, -~...jUlI)CQ. - ,_ Page 19 of 19 .IAJa JIllIlA1'Ol'I ~'" Vll."l<4 ,,!3'\1O_J l'lI'\.' 0,:' 0WtA...'A:wMli';3>VJ8~"")VJ...i. lIW'. : b.1. <::IIlRO iOCj":/!l~:.2 ~ill ,-. (""j ~q ~-- -)'"1 I' C_J f.~') (.,..:. II I APRIL M. GIFT, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, ) PENNSYLVANIA ) vs. ) CIVIL ACTION - LAW ) ) NO. 2003-2440 CIVIL TERM STEPHEN P. GIFT, ) Defendant ) IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 23 May 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (el OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. - Ja(). Dated: /0. d.Oof/ I ~~~..4# APRIL . GIFT C2 c' ......,., ~~ '-;; ::;:::;"~ '") ;':C1 '- ;::::; ~'l"'" (.-"? "- ~ !.; o :.< r<' APRIL M. GIFT, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, ) PENNSYLVANIA ) vs. ) CIVIL ACTION - LAW ) ) NO. 2003-2440 CIVIL TERM STEPHEN P. GIFT, ) Defendant ) IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 23 May 2003. I 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) I days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 Ie) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. --- Ja(). ;0, ~OO(/ Dated: I 4t!c~~.At'w- APRIL . GIFT r:~ ~';-'" (- :.~~ \"';'j t~-.' (::) c,) c? ;--..:: . . Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 APRIL M. GIFT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 03-2440 STEPHEN P. GIFT, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 23,2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 5. I verifY that the statements made in this affidavit are true and correct I understand that false statements are made subject to the penalties of 18 Pa. C.SA Section 4904 relating to unsworn falsification to authorities. DATE: / - .:L Ob ~ /:)~ ---, - ' STEPHEN P. GIFT o .-< r-"':" ,- , , :'n :-.j ;'r: (....,.) .C:) -. (.,,) . . Bartwa Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA APRIL M. GIFT, Plaintiff v. NO. 03-2440 STEPHEN P. GIFT, Defendant CIva ACTION - LAW IN DIVORCE WAIVER DF NDTICE DF INTENTIDN TO. REDUEST ENTRY DF A DIVORCE DECREE UNDER !'l3301(c) DF THE DIVDRCE CDDE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy ofthe decree will be sent to me immediately after it is filed with the prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa. C. S. (l4904 relating to unsworn falsification to authorities. DATE: / ~ 5' ~ 0'0 ~J -y~ --- STEPHENP.GWT j1' (f\ L----. <"',l '0 _,-I (, .,~, o ,<C - ----- Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 APRIL M. GIFT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 03-2440 STEPHEN P GIFT, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: I. Ground for Divorce: Irretrievable breakdown under 3301( c) of the Divorce Code. 2. Date and manner of service of the complaint: Via Cumberland County Sheriff on June 2, 2003. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by Plaintiff January 10,2006; by Defendant January 3, 2006. 4. Related claims pending: All matters have been resolved between the parties pursuant to the Marital Settlement Agreement dated January 10,2006 and incorporated, but not merged, into the Decree. See paragraph 5, page 4 of the Agreement. 5. Date Plaintiffs Waiver of Notice in 3301(c) Di January 19, 2006. Date Defendant's Waiver of Notice in~ 01 ::"::~']:"::9' 2006. ~/ Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court ID #32317 Attorney for Defendant Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 APRIL M. GIFT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 03-2440 STEPHEN P. GIFT, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Samuel 1. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, P A 17043 Dated: January 19,2006 // '" AMb= S"mpl~S"llivM 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court ID #32317 Attorney for Defendant /~/ 1"',) C) C) C) f-..J C) -n --1 j'li21, II ~ ( , -, ... JAN 2 3 200b r APRIL M. GIFT, ) IN THE COURT OF COMMON PLEAS II Plaintiff ) OF CUMBERLAND COUNTY, ) PENNSYLVANIA I ) I vs. ) CIVIL ACTION. LAW ) I ) NO. 03-2440 CIVIL TERM I I STEPHEN P. GIFT, ) Defendant ) IN DIVORCE ORDER FOR ALIMONY AND NOW this "2-?day of~CU1.t" ' 2006, upon the joint motion of the parties, by their counsel, and to place in effect'Q provision of the property settlement agreement executed by the parties in this matter, we hereby order and decree that the Defendant, Stephen P. Gift (hereinafter "Husband") shall pay alimony to the Plaintiff, April M. Gift (hereinafter "Wife") alimony as follows: A. The amount of alimony shall by $5,000.00 per month. The amount of alimony shall be subject to modification by this Court only in the event that there is a substantial change in financial circumstances of the parties, as a result of which Husband's income declines by 30 percent or more below what it was for calendar year 2003 or increases by 30 percent or more above what it was for calendar year 2003 or Wife's earned income (from the operation of a business or from employment) exceeds $35,000.00 per calendar year. In interpreting this Paragraph, we shall define income as defined by the law, and the courts, of the Commonwealth of Pennsylvania, including all cash distributions and other income capacities available to either of the parties and shall disregard any decrease in income which results from any voluntary act of either party (except retirement due to age) or from any unethical, illegal, or other improper act of either party. -1- II- . ~ B. The term of the alimony shall be indefinite and the alimony payments shall terminate only upon the death of Husband, the death of Wife, Wife's remarriage, Wife's cohabitation (as defined by Pennsylvania law) or an order of court eliminating the alimony payments in accordance with the modification provisions of Sub-Paragraph A hereof. The alimony payments shall commence in the month of January 2006, with all payments being due on or before the 15th day of each month. C. The payment of alimony pursuant to this order shall be made through the Domestic Relations Office of this Court, which is hereby authorized and directed to open an account to collect and disburse the alimony payments pursuant to this order and to otherwise administer this order hereafter. D. Both parties shall treat the payments made pursuant to this Paragraph as alimony for tax purposes so that Husband may deduct the payments from his income for income tax purposes and Wife shall include the payments as income for her income tax purposes. We shall retain jurisdiction in this matter for the future enforcement, administration, modification, or termination of this order pursuant to its terms and the laws of the Commonwealth of Pennsylvania. BY THE COURT, ...--- J. I DISBURSEMENT: /. Samuel L. Andes, Attorney for Plaintiff, S25 N. 12th Street, Lemoyne, PA 17b'l3 Aya<-i~ /In~ c/-.;)6 ~t Barbara Sumple-Sullivan, Attorney for Defendant, 549 Bridge Street, New Cumberland, PA 17070 . -2- ,. , ',') ~ ------ 11 '. . ... Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA APRIL M. GIFT, vs. CIVIL ACTION - LAW NO. 03-2440 CIVIL TERM STEPHEN P. GIFT, Defendant IN DIVORCE JOINT MOTION FOR ENTRY OF ORDER FOR ALIMONY AND NOW come the above-named parties, with their attorneys, and jointly move II the Court to enter the attached Order for Alimony to implement a provision of their I I property settlement agreement in this matter. 4l.liJ 7It .JJII/- April M. Gift Dated: \7(;.1'1. /~ d-.OO[:; , ~\~o ~ Sa uel L. ~nd s . Attorney for Plaintiff S~G;;~ Dated: / -/f- {)b ( Barbara Sumple-Sullivan Attorney for Defendant ------ __l -. \-. ,. c.::.) ..<.. 0,. ~ ,," " " "" ~~~~~~ ~~~~~~~ ~~~~~~~~~ +~ "" " ~~~ ~~++~+++~++++++++ ++++.+ +++++++~ " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY APRIL M. GIF'I', PENNA. STATE OF Plaintiff No. 2003 - 2440 " " VERSUS STEPHEN P. GIF'I', " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " Defendant DECREE IN DIVORCE ,,;;r- 1.'/ (PI-A 2006 AND NOW, ~~ "Jl.f_ , IT IS ORDERED AND APRIL M. GIF'I' , PLAINTIFF, DECREED THAT STEPHEN P. GIF'I' , DEFEN DANT, AND 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; All matters have been resolved between the parties pursuant to the Marital Settlement Agreement dated January 10, 2006 and incorporated, but not merged, into the Decree. ATTEST: PROTHONOTARY " " " " ++ +++++++++++++++ +++++ +++++++? "" " Of,., +:t'+;+;++:f;t'+ +++++;f.;t' + +. ++ :+::+:;t+ " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " J. " " " " " " 7?,,?W~ ~-fl;'}Z /J7'~Y'7PjY,c; ,;u 1(" / ,("7 ,,/' ,",~p pi/' f2 /~7"Y/ t::-4;:/ /v '7,;7 77:'/ . .. ... Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 APRlL M. GIFT, Plaintiff JAM 08 Z007 f-r / : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 03-2440 STEPHEN P. GIFT, Defendant : CIVll., ACTION - LAW : IN DIVORCE STIPULATION FOR THE ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER The parties, April M. Gift, Plaintiff and Stephen P. Gift, Defendant do hereby stipulate as follows: 1. Stephen P. Gift, date of birth May 3, 1956 (Social Security Number 177-42-3286), hereinafter referred to as "Owner" is owner of a Gabelli Funds Traditional Individual Retirement Account described below (hereinafter referred to as the "Account"). 2. The current and last known mailing address of Owner is 5445 Joshua Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. April M. Gift, date of birth August 10, 1960 (Social Security Number 169-38-5871), hereinafter referred to as "Alternate Payee," is the former spouse of the Owner and had raised claims for, inter alia, equitable distribution of marital property pursuant to the Pennsylvania Divorce Code, 23 Pa.C.S. Section 3101, et seq. 1 . .. 4. The current and last known mailing address of Alternate Payee is 810 Tavistock Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 5. This order applies to the following Account: Gabelli Funds Traditional Individual Retirement Account No. 60041359, Gabelli & Company, Inc. One Corporate Center, Rye, New York 10580. 6. A portion of the Owner's Account is marital property subject to distribution by this Court pursuant to the agreement of the parties and confirming Order of Court. 7. Alternate Payee shall receive a one time lump sum of Sixty Thousand Dollars ($60,000.00), as of December 29,2005, increased or decreased for investment activity results after that date and to the date offinal transfer. The benefit shall be distributed, by a tax-free rollover, to Alternate Payee's Individual Retirement Account with Ameriprise Financial, IRA Account No. 538921479021. The remainder of the account shall be the sole property of Owner. 8. The distribution to Alternate Payee from the Account shall be made as soon as administratively practicable following the determination that this satisfies the requirements for a tax-free rollover. 2 ,. 9. Nothing contained in this Order shall be construed to require Gabelli Funds: a. to provide to the Alternate Payee any type or form of benefit or any option not otherwise available to the Owner under the Account, or b. to pay any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order determined by the Account Administrator to be a Qualified Domestic Relations Order before this Order is determined by the Account Administrator to be a Qualified Domestic Relations Order. 10. It is the intent of the parties and the court that the provisions of this Order operate as an effective partial assignment of the Owner's interest in the Account under both federal and state laws, for all purposes, and constitute a valid Qualified Domestic Relations Order in compliance with Section 414 (P) of the Internal Revenue Code and Section 206(d)(3) of the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended by the Retirement Equity Act of 1984. 11. The parties intend and agree that the terms of this Stipulation shall be approved, adopted and entered as an Order of Court. 12. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Qualified Domestic Relations Order. 3 or \. 13. A certified copy of this Order shall be served upon Gabelli Funds. Said Order shall take effect immediately upon approval of the Order by Gabelli Funds and shall remain in effect until further Order of Court. DatedJ!JkJ CONSENTED TO: ~~~ 4 ~4fM4# APRru . GIFT , . \ \-Ii t NI\l,'. (:;~\i r, i::'l~l A' " Ir,'.":.r--'1' ,-' "~::::""n'" ..U'" r,,' . '.' '::-);.~ Iv +J S :6 HV 0 I NVr LOOl " '\/1 rf' ".'.' "0'" 1 ':JHl '0 I\bv_v -';\..in.l\)~CJ..,J :1 38!::UO-G311:l . CONTINUING JURISDICTION OF THE COURT The Court retains jurisdiction over the Domestic Relations Order to amend, as necessary, to establish or maintain its qualifications as Qualified Domestic Relations Order under ERISA. So ORDERED by this Court, this ~ day of~7 , \..._- .. P ARTICIP ANT ATTORNE ,/ // ,/ / Barbara Sumple-Sullivan, Esquire ~ ~ - ---::::> Steven P. Gift .. ALTERNATE PAYEE ATTORNEY FOR ALTERNATE PAYEE April &t.,vJ111 ,4# ~ 5 \-f1~\i\WIN3N NJd llt--Hl(',,-'. _j' ::"',..-,'Mr.,.., ^ f '.\ ;.~/,' .,' '1'~'I \It tv i-J S :6 I'J\l 0 I NVr LOOZ AU\-I' ('~ .i" ,,{"" , I "Hi -10 QV.....Jl\VI'ilUCO j, ;;J 3::):::lO'{J3l!:l