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HomeMy WebLinkAbout03-3884JAMES J. PITTS, Plaintiff V. KAREN L. PARKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 0 3- NrY CIVIL ACTION - LAW IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, 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 the Cumberland County Court House, One Courthouse Square, 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 Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 Jo . Co elly, Jr., Esquire 0 fo Plaintiff JAMES J. PITTS, Plaintiff V. KAREN L. PARKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant 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 decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, 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 (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary JAMES J. PITTS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA V. : NO. KAREN L. PARKER, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is James J. Pitts, who currently resides at 9001 Portage Pointe Drive, Apartment E109, Streetsboro, Portage County, Ohio, 44241. 2. Defendant is Karen L. Parker, 612 Colonial View Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Defendant has been a bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 8, 1988, in Negril, Jamaica. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. The parties to this action have been separated since May 1, 2003. WHEREFORE, the Plaintiff requests the Court to enter a Decree in divorce dissolving the marriage between the Plaintiff and Defendant. Date "6 I k l, 03 JAMES, SMITH, DIETTERRICK & CONNELLY By: Vefor Jr., Esquire tiff 50 Hersh ey, PA 17033 (717) 533-3280 PA I.D. No. 15615 VERIFICATION I verify that the statements made in this Pleading 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: l03 i ° -zKr O R. JAMES J. PITTS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA V. : NO. 03 - 3884 KAREN L. PARKER, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE; COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF DAUPHIN AND NOW, this day of 2003, personally appeared before 'k 1,JvkAVA-) me, a Notary Public in and for the State and County aforementioned, John J. Connelly, Jr., Esquire, who, being duly sworn according to law, deposes and says that a copy of the Complaint in Divorce was served on the Defendant, Karen L. Parker, on August 15, 2003, by certified mail number 7002 0860 0004 2141 9604, as evidenced by the return receipt card attached hereto and made a part hereof. Sworn to and subscribed before me this day of 2003 (/Notary Public k NOTARIAL SEAL Jean L. Kosier, Notary Public City of Hummelstown, My Commission County of Dauphin Expires Feb. 9, 2004 c> c C. 1 C ?Z MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN .TAMES J. PITTS AND KAREN L. PARKER John J. Con10137, Jr., Esquire JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 Telephone: (717) 234-2616 Counsel for James J. Pitts MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ? day of 2003 by and between JAMES J. PITTS, of Cumberland County, Pemtsylvama and KAREN L. PARKER, of Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, James J. Pitts (hereinafter called "Husband") currently resides at 9001 Portage Pointe Drive, Apartment E109, Streetsboro, Portage County, Ohio 44241; WHEREAS, Karen L. Parker (hereinafter called "Wife") currently resides at 612 Colonial View Road, Mechanicsburg, Cumberland County, Pennsylvania 17055; WHEREAS, the parties hereto are husband and wife, having been lawfully married on August 8, 1988; WHEREAS, the parties have lived separate and apart since on or about May 1, 2003; WHEREAS, one child was born of the marriage between the parties, namely, Kendra M. Parker-Pitts, born October 4, 1991; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against then- respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: I• PERSONAL RIGHTS, Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or 1 indirect by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has secured legal advice from John J. Connelly, Jr., Esquire, his counsel. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distabution, counsel fees and costs of litigation. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking; or oral depositions, the filing of 2 inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any tone hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DFVORCE. It is the intention of the parties.. and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Husband agrees that lie shall promptly file a. Divorce Complaint in the Court of Common Pleas Cumberland County. Pennsylvania. The parties agree that, at the end of the statutory waiting period, they will each execute an Affidavit of Consent and 3 Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel for Husband may finalize the divorce action in a timely fashion. Upon completion of the divorce action, counsel for Husband shall supply Wife with a copy of the Decree. 5. EQUITABLE DISTRIBUTION. A. Real Estate The parties are going to list their residence located at 612 Colonial View Road, Mechanicsburg, Pennsylvania on the market for sale. The parties agree that after the payment of all liens of record and ordinary and usual closing costs related to the sale, they shall divide the proceeds of the sale of the residence: equally. B. Furnishings and Personalty The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession as well as the items set forth in Exhibit "A", free and clear of any right, title, claim and/or interest of Wife and Wife shall retain all items of furnishings and personal property currently in her possession as her sole and separate property, free and clear of any right, title, claim and/or interest of Husband. Specifically, the remaining items in the marital residence with the exception of Exhibit "A" shall remain the sole and separate property of Wife. C. Motor Vehicles. (1) Husband shall retain ownership of the 1999 Honda Civic. (2) Wife shall retain ownership of the 2001 Subaru Forester (3) In the event any balances are due on the said vehicles, the party assuming ownership of the vehicle shall assume sole responsibility- for any obligations relating thereto and shall indemnify, and hold the other party harmless on the said debt. The parties agree that they will cooperate in effectuating the transfer of titles and insurance to accomplish the purposes of this subparagraph. 4 D. Life Insurance. Each party shall retain any life insurance policies in their individual names and shall retain any ownership interest in said policies. E. Pension and Retirement Benefits. Husband is the owner of two (2) rollover IRAs, one with Vanguard in the amount of approximately $14,000.00 as of March 31, 2003; and Fidelity in the amount of approximately $10,000.00 as of February 11, 2003. In addition, Husband has an ownership interest in and Ametek 401k account with a balance of approximately $47,700.00 as of January 1, 2003. The parties agree that, in addition to the bank accounts of the parties more particularly set forth herein, they will share equally the marital balance in all of the pension benefits as well. The parties will divide assets between the bank and IRA accounts to establish an equal distribution of those assets in a manner agreed to by the parties. The said movement of funds shall occur within sixty (60) days of the date of the entry of this Agreement in order to effectuate the distribution. F. Bank Accounts. The parties are owners of three (3) bank accounts at Members I". A savings account in the amount of approximately $7,100.00, an investment savings account in the amount of approximately $13,300.00, and a checking account in the amount of approximately $1,800.00. These values are all as of March 31, 2003. The parties agree that in conjunction with the pension and retirement benefits as set forth in Paragraph 5E hereof, the parties will equally divide the marital value of the assets set forth in Paragraphs 5E and F in order to equally distribute those assets. As set forth above, the parties shall, by mutual agreement, detennine the allocation of different assets in order to come up with the 50150 distribution referred herein. G. Miscellaneous Prooerth' As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. 5 H. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. I. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. J. Marital Debt. The parties acknowledge that there is no marital debt with the exception of the parties, mortgage on the marital residence which will be satisfied at the time the property is sold. K. Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the parry who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. L. Indemnification of Wife If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any 6 damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. M. Indemnification off husband If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and actual attorney's fees incurred by Husband in connection therewith. N. Warranty as to Future Obligations Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. CUSTODY. The parties agree that they will share equally custody of their minor child, Kendra M. Parker-Pitts, date of birth October 4, 1991, with Wife having primary physical custody subject to the partial custody rights of Husband as specifically set forth herein. Because Husband will be relocating to the state of Ohio, arrangements for his partial custody rights with the parties' daughter will be established based on his work and the child's school schedules. It is the intent of the parties for Husband to exercise a two (2) weekend per month custody schedule and, where possible, adjust the weekends to include three (3) day weekends based on the school calendar. It is the intent of the parties to arrange the weekend visits on a month-to-month basis because of work and school schedules as previously referred to herein. In addition to the two (2) weekends per month, Husband will have an alternating holiday schedule to include the weekend attached thereto. The holidays being Labor Dav, Thanksgiving, Easter, Memorial Day and the 7 Fourth of July. As previously referred to, a number of other holidays include Mondays from school (President's Day, Marlin Luther King Day, Columbus Day, Veterans Day and in-service days) which will permit Husband additional time on his weekends. If possible, the parties will share equally the child's Christmas school vacation. The parent having the first half of the school vacation will have Christmas Eve and Christmas Day and the parent having the second half of the school vacation will have New Year's Eve and New Year's Day. The child will be returned on any of the vacation periods the evening prior to the beginning of school. The parties agree that they will identify a halfway point for the exchange of the child for Husband's periods of partial custody and, unless the parties otherwise agree, this will effectively share the transportation responsibilities for those periods of time. Husband shall be entitled to take vacation during the year as provided by his employer so long as the said vacations do not interfere with school or are arranged through the school. The parties will attempt to give the other at least ninety (90) days notice of their intent to exercise vacation time with the child. Wife acknowledges that she travels to Europe (France) from time-to-time because she is originally from France and has relatives there. Wife agrees that, under no circumstances, will she relocate to France or Europe without the prior written consent of Husband during the child's minority. In the event Wife attempts to relocate to France (Europe) or effectively fails to return after a vacation, she acknowledges Husband's right to secure a Temporary Custody Order immediately returning the child to his custody and also agrees to waive any objections thereto. The parties further agree that the terms and conditions of this Agreement regarding custody may be entered of'record in the Court of Common Pleas, Cumberland County, Pennsylvania by the filing of a Petition in that jurisdiction. Any modifications in the arrangement set forth herein, shall be subject to the jurisdiction of the court. 8. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any 8 additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay cheeks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 10. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement o- identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties have divided between ahem to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such 9 items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to 10 Participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 11. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 12. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 13. SEVERA.BILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 14. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 15. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 11 16. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: James J. Pitts 9001 Portage Pointe Drive, Apt. E109 Streetsboro, Ohio 44241 and to Wife, if made or addressed to the following: Karen L. Parker 612 Colonial View Road Mechanicsburg, Pennsylvania 17055 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 17. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 18. DATE OF EXECITTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 19. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 20. EFFECT OF RECONCILIATION COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 12 21. -HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 22. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 23. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 24. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 25. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 13 IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. TNESS 1 ones J. Pitts ESS ..L ' Lj C Karen L. Parker 14 EXHIBIT "A" Living Room Sofa Entertainment Center Black Swivel Chair Living Room Computer & Printer Desk Chair Master Bedroom Set Kendra's Bed Bedroom Lamps Dark Wood Bookcases (3) VCR CD Player Bedroom Television Sony Television 1s o ?? c co m o? - t W < JAMES J. PITTS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA V. NO. 03-3884 KAREN L. PARKER, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 11, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety 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 of divorce after service of Notice of Intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. -la-o Date: . ? fames J. Pitts, PI , ti r__ o r T7 - ? I L%.-J, ? Z7fR ?g - -17 r T rr. J C-q ,f -v JAMES J. PITTS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA V. : NO. 03-3884 KAREN L. PARKER, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 11, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety 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 of divorce after service of Notice of Intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Date: -/?-D Karen L. Parker, Defendant N C? Q - a T Mal _g cn -,s JAMES J. PITTS, Plaintiff v. KAREN L. PARKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 03-3884 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: Ground for divorce: irretrievable breakdown under Section (XX) 3301(c) ( ) 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: August 15, 2003 by certified mail no. 7002 0860 0004 2141 9604. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff: February 12, 2004; Defendant: February 12, 2004. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: All claims of record have been settled pursuant to a Marital Settlement Agreement dated August 14, 2003. 5. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff: February 12, 2004; by Defendant: February 12, 2004. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: Both the Plaintiffs and Defendant's Waivers are being filed simultaneously with this Praecipe. JAMES, SMITH, DIETTERRICK & CONNELLY LLP Date: 'f?g -/C i -64 11ul biicy, rtl 11U.3.) (717) 533-3280 PA I.D. No. 15615 r r? -? CJl 0 O b ?? 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JAMES J. PITTS, Plaintiff No. 03-3884 VERSUS Defendant DECREE IN DIVORCE AND NOW, '/14t'(? IT IS ORDERED AND DECREED THAT James J. Pitts PLAINTIFF, AND Karen L. Parker ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, 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; The attached Marital Settlement Agrppmpnt- AatPA A„glimt ld 2p03 is hereby incorporated, but not merged, into this Decree in Divorce. BY THE URT: y? G ATTEST: J. PROTHONOTARY ? t ,, r, . SEP 2 0 2007/^y JAMES J. PITTS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-3884 KAREN L. PARKER, : CIVIL ACTION - LAW Defendant : IN DIVORCE Stipulation for the Entry of Qualified Domestic Relations Order The parties, James J. Pitts, Plaintiff, and Karen L. Parker, Defendant, do hereby stipulate as follows: 1. James J. Pitts, date of birth August 4, 1959 (Social Security Number 484-82- 9714), hereinafter referred to as "Participant" is a participant in the Ametek 401(k) Plan for Acquired Businesses - #092646 described below (hereinafter referred to as the "Plan"). 2. The current and last known mailing address of Participant is 1781 Spyglass Drive, Apartment 309, Austin, Texas 78746. 3. Karen L. Parker, Defendant, date of birth October 10, 1960 (Social Security Number 382-74-9913), hereinafter referred to as "Alternate Payee," is the former spouse of the Participant and has raised claims for, inter alia, equitable distribution of marital property pursuant to the Pennsylvania Divorce Code, 23 Pa.C.S. Section 3101, et 5N. The parties were divorced on March 11, 2004. 4. The current and last known mailing address of Alternate Payee is 612 Colonial View Road, Mechanicsburg, Pennsylvania 17055. 5. This order applies to the following plan: Ametek 401(k) Plan for Acquired Businesses - #092646. 6. The Participant's account in the Plan is marital property subject to distribution by this Court. 7. Alternate Payee's interest in the Plan shall be $66,231.00 of the Participant's Account Balance as of May 1, 2007. Such interest shall be subject to earnings and losses subsequent to May 1, 2007 until the date of distribution. The Participant's remaining interest in the Plan shall be the sole and exclusive property of the Participant. 8. The distribution to Alternate Payee from the Plan shall be made as soon as administratively practicable following the Plan's determination that this order is a Qualified Domestic Relations Order. 9. Participant's death shall have no effect on payment of Alternate Payee's benefit under the Plan. The Alternate Payee is at all times to be deemed the surviving spouse for purposes of the Pre-retirement Survivor Annuity until this Order effectively assigns the funds to Alternate Payee as identified in paragraph 7 above. 10. In the event the Alternate Payee dies before the Alternate Payee's benefit is paid, the benefit shall be paid in accordance with applicable Plan provisions regarding payments to beneficiaries, including payments when no beneficiary is designated. The Alternate Payee shall be entitled to name a beneficiary (or beneficiaries) to receive the unpaid balance of the benefits. The death of Alternate Payee before the Plan determines that this order is a Qualified Domestic Relations Order shall not affect the right of Alternate Payee's beneficiary to benefits from the Plan. 11. The parties shall promptly notify the Plan of any change in their addresses from those set forth in this Order. 12. Participant and Alternate Payee shall each be responsible for his or her own federal, state, and local income and other taxes attributable to any and all payments from the Plan which are received by Participant and Alternate Payee respectively. The Plan shall provide to Participant and Alternate Payee in accordance with its customary procedures such information as is normally provided to participants in the Plan with respect to the taxability of distributions from the Plan. 13. Nothing contained in this Order shall be construed to require any plan or plan administrator: (a) to provide to the Alternate Payee any type of form of benefit or any option not otherwise available to the Participant under the Plan, 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 Plan Administrator to be a Qualified Domestic Relations Order before this Order is determined by the Plan Administrator to be a Qualified Domestic Relations Order. 14. It is the intent of the parties and the court that the provisions of this Order operate as an effective assignment of the Participant's interest in the Plan 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. 15. The parties intend and agree that the terms of this Stipulation shall be approved, adopted and entered as an Order of Court. 16. 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, provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and further provided that no such amendment or right of the Court to so amend will invalidate this Order. 17. A certified copy of this Order shall be served upon the Plan. Said Order shall take effect immediately upon approval of the Order by the Plan and shall remain in effect until further Order of Court. Dated: <?-r V 211 ?' CONSENTED TO: PARTICIPANT am OW 2401E L4 J es J. Pi ATTORNEY FOR PARTICIPANT tj Co elly, Jr., Esq 're ALTERNATE PAYEE aren L. Parker ° OC) d ' LLJ G C J [0 Q CL CJ j Lq MLIJ LtJ i. is ? i31 LL t?. C? ~ N C} Distribution: John J. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 Karen L. Parker, 612 Colonial View Road, Mechanicsburg, PA 17055 I;m muUtecL 12T. tTallrl