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HomeMy WebLinkAbout07-6752JANET L. DOVE, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW CHRISTOPHER L. DOVE, Defendant : NO. 6"7- 47 5?- CIVIL TERM : 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 following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 or (800) 990-9108 JANET L. DOVE, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER L. DOVE, Defendant CIVIL ACTION -LAW NO. 67 - 6751 CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff is Janet L. Dove, an adult individual currently residing at 505 North Pitt Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Christopher L. Dove, an adult individual currently residing at 8013 Gardner Drive, Alpharatta, Georgia. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 13, 1978, in Cumberland County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301(c) of the Domestic Relations Code. COUNT II INDIGNITIES 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in their full text. 12. Defendant has committed such indignities upon the person of the Plaintiff, the innocent injured spouse, as to make her condition intolerable and life burdensome. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (a) (6). COUNT III ADULTERY 13. Paragraphs 1 through 12 are incorporated herein by reference as if set forth in their full text. 14. Defendant has committed adultery by having sexual relations with a woman contrary to his wedding vows and the Plaintiff is the innocent and injured spouse. WHEREFORE, Plaintiff requests you Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (a) (2). COUNT IV EQUITABLE DISTRIBUTION 15. Paragraphs 1 through 14 are incorporated herein by reference as if set forth in their full text. 16. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 17. Plaintiff and Defendant are joint owners of real estate located in Cumberland County, which was acquired during their marriage and which is subject to equitable distribution. 18. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitable apportioning the debts incurred by the parties. COUNT V ALIMONY ALIMONY PENDENTE LITE AND COUNSEL FEES 19. Paragraphs 1 through 18 are incorporated herein by reference as if set forth in their full text. 20. Plaintiff is unable to provide for, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 21. Plaintiff is without sufficient property and otherwise unable to financially support herself through appropriate employment. 22. Defendant is presently employed and receiving a substantial income and benefits and is able to pay for counsel fees, expenses, and costs, as well as alimony, and alimony pendente lite for the Plaintiff. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order requiring Defendant to pay for Plaintiffs counsel fees, expenses, and costs as well as providing for payment of an appropriate alimony and alimony pendente lite to Plaintiff. Respectfully submitted, 4f.or Griffie, Esquire Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: J T L. DOVE, Plaintiff d't I F!1 flQ O p p P 4 F r r? `TI t JANET L. DOVE, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-6752 CIVIL TERM CHRISTOPHER L. DOVE, IN DIVORCE Defendant/Respondent : PACSES CASE NO: 191109605 ORDER OF COURT AND NOW, this 8th day of November, 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear beforeR. J. Shadday on December 13.2007 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.1 IC (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Bradley L. Griffie, Esq. Date of Order: November 8, 2007 R. J. Sh day, Conference Officer t YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 C'j r-,,, C.:.r .;x3 's JANET L. DOVE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW CHRISTOPHER L. DOVE, NO. CIVIL TERM 4 7 - Defendant IN O t J o Re-L PETITION FOR ALIMONY PENDENTE LITE, AND NOW comes Petitioner, Janet L. Dove, by and through her counsel of record, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates, and petitions the Court as follows: 1. Your Petitioner is the above-named Plaintiff, Janet L. Dove, an adult individual currently residing at 505 North Pitt Street, Carlisle, Cumberland County, Pennsylvania. 2. Your Respondent is the above-named Defendant, Christopher L. Dove, and an adult individual currently residing at 8013 Gardner Drive, Alpharatta, Georgia. 3. An action in Divorce has been initiated to the above docketed number by the Petitioner and all fees associated with this request to receive Alimony Pendente Lite (APL) have been paid. 4. Petitioner has likewise filed a Petition for Spousal Support and provided all the necessary documentation and information requested by the Cumberland County Domestic Relations Office relative to the preparation and opening of a file on that matter and relative to providing appropriate service to the Respondent. 5. A copy of this Petition is being forwarded to the Cumberland County Domestic Relations Office contemporaneously with filing through the Cumberland County Prothonotary's Office. T > 6. Petitioner is unable to provide for herself through appropriate employment and Respondent is gainfully employed and has substantial income and assets from which to provide compensation for alimony pendente lite. WHEREFORE, Petitioner requests your Honorable Court to enter a Order requiring Respondent to pay to Petitioner Alimony Pendente Lite in an appropriate amount. Respectfully submitted, . ri e, Esquire ey for laintiff/Petitioner GRIFFIE ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 !r w I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. DATE: Ifg-Z^ ? - JANq L. DOVE ?+ ra p ntJ C Yµ? Pv o rn o 40. JANET L. DOVE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW CHRISTOPHER L. DOVE, : NO. 07-6752 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 'Vlday of No V9 1-M 12007, comes Bradley L. Griffie, Esquire, and states that he mailed a certified and true copy of a Complaint in Divorce and Petition for Alimony Pendente Lite to the Defendant, Christopher L. Dove, at his address of 803 Gardner Drive, Alpharatta, Georgia, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on November 24, 2007. "Esquire ? o r Plaintiff GRIFFIE AND ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 r- QD e . G?t Yci ru ru N t r'' 35"Olz S Ln ru postage $ 4 ru ?. Certified Fee 1 postmark ?'. , E Here ru Q Return Receipt Fee Q (Endorsement Required) ` 0 Restricted Delivery Fee o ' (Endorsement Required) u Total postage & Fees C] FSent o ? --------?-------------------- (?-`t?!-?!--1'-f - - "?? - -. C3 , Apt, No.; - -------------------------- o nor Box N. ?- C` P+4tate A. SI ? Agent ¦ Complete items 1, 2, and 3. Also complete X ? Addressee item 4 if Restricted Delivery is desired. C• Date of Delivery ¦ Print your name and address on the reverse • v ? `Iv b (Prln arrre) ? so that we can ?ucof the mailpiece, B. R ?"? S i ¦ Attach this card the back . d t from item 1? ? Yes or on the front if space permits isderriery nter dell adt below: ? No 1. icle Addressed to: O- 3-16 i i 9 1-3 1 c W / "' P-,e 6 less Mail 3 rtiMall ? ?uI GC-(r f V (? Iste etum Receipt for Merchandise C.O.D. Mail - - - Yes 2. Ar , 102595-02-M-1 540 (TI PS F - 47 ?a _s r7 JANET L. DOVE, Plaintiff/Petitioner VS. . CHRISTOPHER L. DOVE, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-6752 CIVIL TERM IN DIVORCE PACSES Case No: 191109605 ORDER OF COURT AND NOW to wit, this 14th day of December 2007, it is hereby Ordered that the Petition for Alimony Pendente Lite order is dismissed, without prejudice, pursuant to a spousal support order being entered under PACSES No. 040109531 and Docketed at 00839 S 2007. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: DRO: R.J. Shadday xc: Petitioner Respondent Bradley L. Griffie , Esq. Sean M. Shultz, Esq. Form OE-001 Service Type: M Worker: 21005 ?? C. ?..r -??, ? ?-? r'f p C't"1 ' ? ? ? ? -^t-, ? 8 ?' ^"( r JANET L. DOVE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW CHRISTOPHER L. DOVE, NO. 07-6752 CIVIL TERM Defendant IN DIVORCE PETITION FOR INJUNCTIVE RELIEF AND NOW, comes Petitioner, Janet L. Dove, by and through her counsel of record, Bradley L. Griffie, Esquire and the law firm of Griffie & Associates, and petitions the Court as follows: 1. Your Petitioner is the above named Plaintiff, Janet L. Dove, an adult individual currently residing at 505 North Pitt Street, Carlisle, Cumberland County, Pennsylvania. 2. Your Respondent is the above named Defendant, Christopher L. Dove, an adult individual currently believed to be residing at 803 Gardner Drive, Alpharatta, Georgia, and who is represented in these proceedings by Sean M. Shultz, Esquire of 11 Roadway Drive, Suite B, Carlisle, Pennsylvania. 3. The Respondent herein was employed with the Federal Government during the parties' marriage and established a substantial benefit through the Civil Service Retirement System (CSRS) and created substantial savings in the Thrift Savings Plan (TSP) with the Federal Government. 4. The CSRS and TSP funds are the principal assets to be distributed in equitable distribution in the instant proceedings. 5. At the time of the parties' separation in the Fall of 2007, Respondent voluntarily left his employment with the New Cumberland Navy Depot and began receiving pay based upon his accumulated sick leave. 6. Respondent has advised Petitioner that he has exhausted his accumulated sick leave and is now securing pay through his accumulated personal leave. 7. Respondent has advised Petitioner that when his personal leave is exhausted, which Petitioner anticipates will be by mid-September, 2008, he intends to exhaust his TSP funds. 8. The TSP funds are marital assets. 9. If Respondent is permitted to exhaust his TSP funds, a substantial asset that should be available for a percentage distribution to Petitioner will be unavailable and there will be no means by which that marital asset can be replaced. 10. To the best of Petitioner's knowledge and belief, Respondent simply has chosen not to be employed in any capacity and, rather, has chosen to exhaust his sick and personal leave, and ultimately intends to exhaust marital assets, such as the TSP, rather than secure employment. 11. Petitioner will be irreparably harmed if Respondent is permitted to use his TSP funds. 12. Petitioner has sought the consent of counsel for Respondent and Respondent and has been advised that they do not concur in this request. 13. There have been no prior proceedings before the Court in these matters and, therefore, there is no Judge assigned to this case, nor has any Judge engaged in any legal determinations in this matter. A, WHEREFORE, Petitioner requests your Honorable Court to issue a Rule upon Respondent to show cause, if any he has, as to why he should not be enjoined from withdrawing funds from his TSP or his CSRS plan until such time as this divorce matter, including equitable distribution, is resolved appropriately apportioning those two funds, as well as other relief as the Court deems just and proper. Respectfully submitted, etitioner P rhOONPY/Harnover riffie, Esquire Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Jan . Dove JANET L. DOVE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW CHRISTOPHER L. DOVE, NO. 07-6752 CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire hereby certify that I did, the <day of September, 2008, cause a copy of Plaintiff's Petition for Injunctive Relief to be served upon the Defendant/Respondent by serving his attorney of record by first class mail, postage prepaid, at the following addresses: Sean M. Shultz, Esquire Knight & Associates, PC 11 Roadway Drive, Suit B Carlisle, PA 17013 DATE: z1ffie, Esquire Petitioner Tj e n ---1 7w, r ? e JANET L. DOVE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW CHRISTOPHER L. DOVE, NO. 07-6752 CIVIL TERM Defendant IN DIVORCE ORDER OF COURT AND RULE TO SHOW CAUSE AND NOW this V day of September, 2008, upon presentation and consideration of the within Petition, a Rule is hereby issued upon the Defendant/Respondent, Christopher L. Dove, to show cause, if any he has, as to why the relief requested should not be granted. RULE RETURNABLE Zo' days after service by first class mail, postage prepaid, upon counsel of record for Respondent. Pending further proceedings in this matter, the Respondent is enjoined from removing any funds from his Thrift Savings Plan or his Civil Service Retirement System plan or otherwise liquidating, alienating, disposing of or reducing the funds in said plans. {J 6 -- 3 Z JANET L. DOVE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW CHRISTOPHER L. DOVE, NO. 07-6752 CIVIL TERM Defendant IN DIVORCE PETITION TO MAKE RULE ABSOLUTE AND NOW, comes Petitioner, Bradley L. Griffie, Esquire, and petitions the Court as follows: 1. Petitioner is counsel of record for the above named Plaintiff, Janet L. Dove. 2. Plaintiff previously filed a Petition for Injunctive Relief on September 5, 2008, which resulted in the entry of an Order of Court dated September 9, 2008, issuing a Rule upon the Respondent/Defendant, Christopher L. Dove, a copy of said Petition being attached hereto and incorporated herein by reference as Exhibit «A" 3. By correspondence dated September 12, 2008, a true and attested copy of the Petition and Order were served upon counsel of record for the Respondent, Sean M. Shultz, Esquire, at his address of: Knight & Associates, PC, 11 Roadway Drive, Suite B, Carlisle, PA 17013. 4. More than 20 days have passed since service of the aforesaid document and Respondent has failed to file an Answer as directed on the Order of Court and Rule to Show Cause. 5. The Honorable Kevin A. Hess is the Judge involved in this matter who entered the Order and Rule to Show Cause in this case. WHEREFORE, Petitioner requests your Honorable Court to enter an Order of Court making the prior Rule absolute and, thereby, directing that Respondent, Christopher L. Dove, is enjoined from using any funds from the Thrift Savings Plan (TSP) and his Civil Service Retirement Plan (CSRS) pending resolution of the instant divorce proceedings. Respectfully submitted, $*dfey "riffle, Esquire Atto for Petitioner 20 orth Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. DATE: ID?I`1?0? Griffie, Esquire JANET L. DOVE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW CHRISTOPHER L. DOVE, NO. 07-6752 CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE lk I, Bradley L. Griffie, Esquire hereby certify that I did, the q day of October, 2008, cause a copy of Petitioner's Petition to Make Rule Absolute to be served upon the Respondent, Christopher L. dove, by serving his attorney of record by facsimile and first class mail, postage prepaid, at the following addresses: Sean M. Shultz, Esquire Knight & Associates, PC 11 Roadway Drive, Suit B Carlisle, PA 17013 (Facsimile) 717-249-0457 DATE: I b I 16 V ?008 ? P , JANET L. DOVE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW CHRISTOPHER L. DOVE, NO. 07-6752 CIVIL TERM Defendant IN DIVORCE ORDER OF COURT AND RULE TO SHOW CAUSE AND NOW this 944 day of September, 2008, upon presentation and consideration of the within Petition, a Rule is hereby issued upon the Defendant/Respondent, Christopher L. Dove, to show cause, if any he has, as to why the relief requested should not be granted. RULE RETURNABLE days after service by first class mail, postage prepaid, upon counsel of record for Respondent. Pending further proceedings in this matter, the Respondent is enjoined from removing any funds from his Thrift Savings Plan or his Civil Service Retirement System plan or otherwise liquidating, alienating, disposing of or reducing the funds in said plans. By the Court, J. `RUE COPN' FROM KERU ??.?,nnvr.i° tethered, t here{unto or! ?"?iY°ryh&U ivaypl@e$sh JANET L. DOVE, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVA.NI L ! C CJ C7 4J VS. CIVIL ACTION -LAW Cn z n, CHRISTOPHER L. DOVE, NO. 07-6752 CIVIL TERM' cn ,. Defendant IN DIVORCE _V - t PETITION FOR INJUNCTIVE RELIEF AND NOW, comes Petitioner, Janet L. Dove, by and through her counsel of record, Bradley L. Griffie, Esquire and the law firm of Griffie & Associates, and petitions the Court as follows: 1. Your Petitioner is the above named Plaintiff, Janet L. Dove, an adult individual currently residing at 505 North Pitt Street, Carlisle, Cumberland County, Pennsylvania. 2. Your Respondent is the above named Defendant, Christopher L. Dove, an adult individual currently believed to be residing at 803 Gardner Drive, Alpharatta, Georgia, and who is represented in these proceedings by Sean M. Shultz, Esquire of 11 Roadway Drive, Suite B, Carlisle, Pennsylvania. 3. The Respondent herein was employed with the Federal Government during the parties' marriage and established a substantial benefit through the Civil Service Retirement System (CSRS) and created substantial savings in the Thrift Savings Plan (TSP) with the Federal Government. 4. The CSRS and TSP funds are the principal assets to be distributed in equitable distribution in the instant proceedings. 5. At the time of the parties' separation in the Fall of 2007, Respondent voluntarily left his employment with the New Cumberland Navy Depot and began receiving pay based upon his accumulated sick leave. 6. Respondent has advised Petitioner that he has exhausted his accumulated sick leave and is now securing pay through his accumulated personal leave. 7. Respondent has advised Petitioner that when his personal leave is exhausted, which Petitioner anticipates will be by mid-September, 2008, he intends to exhaust his TSP funds. 8. The TSP funds are marital assets. 9. If Respondent is permitted to exhaust his TSP funds, a substantial asset that should be available for a percentage distribution to Petitioner will be unavailable and there will be no means by which that marital asset can be replaced. 10. To the best of Petitioner's knowledge and belief, Respondent simply has chosen not to be employed in any capacity and, rather, has chosen to exhaust his sick and personal leave, and ultimately intends to exhaust marital assets, such as the TSP, rather than secure employment. 11. Petitioner will be irreparably harmed if Respondent is permitted to use his TSP funds. 12. Petitioner has sought the consent of counsel for Respondent and Respondent and has been advised that they do not concur in this request. 13. There have been no prior proceedings before the Court in these matters and, therefore, there is no Judge assigned to this case, nor has any Judge engaged in any legal determinations in this matter. WHEREFORE, Petitioner requests your Honorable Court to issue a Rule upon Respondent to show cause, if any he has, as to why he should not be enjoined from withdrawing funds from his TSP or his CSRS plan until such time as this divorce matter, including equitable distribution, is resolved appropriately apportioning those two funds, as well as other relief as the Court deems just and proper. Respectfully submitted, rN rie, Esquire or Petitioner Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: b?4 a 00V i? rN>R-' Jan . Dove JANET L. DOVE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW CHRISTOPHER L. DOVE, NO. 07-6752 CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE Irx 1, Bradley L. Griffie, Esquire hereby certify that I did, the _4L day of September, 2008, cause a copy of Plaintiffs Petition for Injunctive Relief to be served upon the Defendant/Respondent by serving his attorney of record by first class mail, postage prepaid, at the following addresses: Sean M. Shultz, Esquire Knight & Associates, PC 11 Roadway Drive, Suit B Carlisle, PA 17013 DATE: ?Kjh & 4ffie, Esquire Petitioner c? K CZ) . OCT I ? zooeG JANET L. DOVE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW CHRISTOPHER L. DOVE, NO. 07-6752 CIVIL TERM Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of October, 2008, upon presentation and consideration of the within Petition, the Rule previously entered in this matter on September 9, 2008 is hereby made ABSOLUTE. Respondent, Christopher L. Dove, is enjoined from withdrawing funds from his Thrift Savings Plan (TSP) and his Civil Service Retirement System Plan (CSRS) until such time as this divorce matter is resolved, thereby apportioning those two funds. BY THE COURT, 6 1 s /-1 fiv • ? 4ffib 1Env sjIJ ulp? -80/ 1 rlo, V!NV A; AS NN 3d 60 :11 Wd I Z 130 B QZ JANET L. DOVE, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER L. DOVE, Defendant CIVIL ACTION - LAW NO. 07-6752 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 2. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on November 7, 2007, and served on November 24, 2007, as indicated in Affidavit of Service. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: l ! p /,gs--- CHKISTOPHER L. DOVE, Defendant r-a ? ? ? t"`?? f? ,, r , +? ?r"3 y . - ? ',?. ?. ?' ";? ? ?? ,°? 1. j r ?, JANET L. DOVE, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER L. DOVE, Defendant CIVIL ACTION -LAW NO. 07-6752 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: - U_ CHRISTOPHER . DOVE, Defendant G ` WC m 1 W C r ? _ 4 JANET L. DOVE, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER L. DOVE, Defendant CIVIL ACTION -LAW NO. 07-6752 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on November 7, 2007 and served on November 24, 2007, as indicated in Affidavit of Service. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: uk) (& JAq!gF L. DOVE, Plaintiff ,« .' ":? . ? (.. ? _?S ?'?..) ?,; Y?»'. ?'_s ?_? ?rµ ,.. .. JANET L. DOVE, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER L. DOVE, Defendant CIVIL ACTION -LAW NO. 07-6752 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: -11 `t -71 ( ? ?_ J T L. DOVE, Plaintiff r? rEl w r SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this I 1 `day of , 2008, by and between JANET L. DOVE, of 505 North Pitt Street, Carlisle, Cumberland County, Pennsylvania, 17013, hereinafter referred to as "Wife," AND CHRISTOPHER L. DOVE, of 803 Gardner Drive, Alpharatta, Georgia, 30004, hereinafter referred to as "Husband," WITNESSETH: WHEREAS, Husband and Wife were married on June 13, 1978, in Newville, Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and --Page 1 of 16-- WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, 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: ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to --Page 2 of 16-- the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. --Page 3 of 16-- 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. --Page 4 of 16-- 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being affected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Personal Property. The parties acknowledge that they have divided all of their personal property, both tangible and intangible, to their mutual satisfaction. This includes buts.. is not limited to cash, financial accounts, furniture, appliances, household furnishings, decorations, and all related personal property items. At the time of execution of this Agreement, each party has retained the personal property items that they wish to retain and neither will make claim against the other relative to any items retained by the other party from the time of the execution of this Agreement forward. 3.4 Life Insurance. Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any other incidents of ownership of their respective policies free of any right or claim by the other party. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights in such policies to the respective party who presently owns such policies. 3.5 Subsequently Acquired Property Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal --Page 5 of 16-- property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Real Estate. 505 North Pitt Street, Carlisle, Cumberland County, Pennsylvania. At the time of the filing of the parties' divorce action, the parties were joint owners of real estate located at 505 North Pitt Street, Carlisle, Cumberland County, Pennsylvania. Said property was gifted to Husband and Wife by Wife's mother as a part of Wife's mother's estate planning procedures, in return for their commitment to provide life-time care for Wife's mother. The parties acknowledge that this property has now been transferred into Wife's name alone and Wife shall retain sole and exclusive ownership and possession of the real estate from this date forward. Husband has not made and does not make any claim of any nature whatsoever relative to any legal work or equitable interest in the aforesaid real estate from this date forward and has no commitment to provide any care for Wife's mother. 3.7 Pension, Retirement, Profit-Sharing. During the parties' marriage, Husband was employed with the United States government and accrued retirement benefits through the Civil Service Retirement System (CSRS) and also accumulated assets through the Thrift Savings Plan (TSP) available to civilian employees of the federal government. These assets are marital assets. Husband shall execute any and all necessary documents to provide to Wife 60% of his accumulated benefit in this CSRS Plan. Wife's legal counsel shall be responsible for preparing a Domestic Relations Order (DRO) for purposes of conveying 60% of Husband's accumulated CSRS benefits to Wife. Said benefits shall be payable to Wife at the time of Husband's retirement and simultaneously with his receipt of benefits. --Page 6 of 16-- In addition, Husband shall select the greatest Survivor Benefit Plan (SBP) available at the time of his retirement and shall name Wife as the irrevocable beneficiary of the SBP benefits. In addition, Husband shall convey to Wife, through appropriate documentation, 60% of the value of the TSP Plan as of the date of separation on October 1, 2007, plus, all accumulated and accrued interest or income on said account from that date. Wife's legal counsel shall be responsible for providing an appropriate document for the transfer of 60% of the benefits through a Stipulation for the entry of a Retirement Benefits Court Order providing for the conveyance of this sum to Wife. Husband shall execute all such documents in this regard promptly upon presentation of said documents through counsel, but, under any circumstances, must do so within thirty (30) days of receipt of said documents by Husband's legal counsel. Except as otherwise agreed above, Wife waives, relinquishes and transfers any and all of her right, title and interest she has or may have in any retirement account held by Husband that Husband may have accrued in his individual name or may have secured through his present or prior employment. Husband waives, relinquishes, and transfers all of his right, title and interest he has or may have in any retirement account held by Wife that she may have accrued in her individual name or may have secured through her present or prior employment. 3.8 Vehicles. The parties acknowledge that Wife has and shall retain sole and exclusive ownership and possession of a certain 2002 Chevrolet Malibu vehicle, which is believed to be titled in her name alone. In the event it is necessary for Husband to execute any documents to convey his interest in the title of the vehicle, he shall execute the title documents within fifteen --Page 7 of 16-- (15) days of being requested to do so by Wife or Wife's legal counsel such that the vehicle is placed in Wife's individual name alone. Husband shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of a certain 1995 Pontiac Sunfire vehicle, which is believed to be titled in his name alone. In the event it is necessary for Wife to execute any documents to convey her interest in the title of the vehicle, she shall execute the title documents within fifteen (15) days of being requested to do so by Husband or Husband's legal counsel such that the vehicle is placed in Husband's individual name alone. Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. 3.9 Intanzible Personal Proverty. The parties have previously divided their intangible personal property including all checking, savings, and investment accounts of any nature whatsoever to their mutual satisfaction. Neither party shall make any claim of any nature whatsoever against the other for intangible personal property including bank accounts, investment accounts, certificates of deposit, bonds, stocks, or any other such intangible personal property from the time of execution of this Agreement forward. --Page 8 of 16-- ARTICLE IV DEBTS OF THE PARTIES 4.1 Each party represents to the other that except as is otherwise set forth in this Agreement, there are no major outstanding obligation of the parties; that since the separation neither party has contracted for any debts for which the other will be responsible and each parties indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE V ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT AND MAINTENANCE 5.1 The parties acknowledge that there is in existence at the time of execution of this Agreement a Support Order docketed in the Court of Common Pleas of Cumberland County, Domestic Relations Section to PACSES No. 040109531 and Docket No. 00839 S 2007, wherein Husband is obligated to pay to Wife the sum of EIGHT HUNDRED FIFTY AND XX/100 ($850.00) DOLLARS per month by making bi-weekly payments of THREE HUNDRED NINETY-TWO AND 31/100 ($392.31) DOLLARS. Effective with the entry of a Decree in Divorce in this matter, this alimony pendente lite (APL) or spousal support Order shall be converted to an alimony Order. The parties will then execute any necessary documents to have the sum of $850.00 per month collected as alimony through the Cumberland County Domestic Relations Section. The Cumberland County Domestic Relations Section shall be authorized to collect this sum through wage attachment and through use of all other enforcement proceedings. Any arrearage existing on the present APL or spousal support Order shall be converted to an arrearage on the alimony Order so that it can be collected as collection is presently being made --Page 9 of 16-- through the Domestic Relations Office on the arrearage amount. The alimony shall end in its entirety, with the exception of paying any balance due on arrearages, on the first day of the first month when Husband and Wife begin receiving distributions from Husband's Civil Service Retirement System Plan (CSRS). Upon notification by either party to the Domestic Relations Section of the Court of Common Pleas of Cumberland County, that the receipt of CSRS payments have begun, the Order shall terminate effective on the first day of the first month when payments are received and said action shall be closed upon confirmation that all arrearages have been paid. Otherwise, this alimony provision shall be non-modifiable. The parties shall execute any necessary documents to enforce this provision of the Agreement. 5.2 Except as hereinbefore set forth, Husband and Wife specifically waive, release and give up any rights for alimony, alimony pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations Code. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The parties acknowledge that they have either received independent legal advice from counsel of their own selection, that they fully understand the facts and have been fully informed as to their legal rights and obligation or otherwise understand those legal rights and obligations. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result --Page 10 of 16-- of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part. thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and --Page 11 of 16-- obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 6.3 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.5 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. --Page 12 of 16-- 6.6 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.7 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.8 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.9 Severability. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.10 It is specifically understood and agreed that this Agreement constitutes the equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.11 --Page 13 of 16-- Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.12 Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non- breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: --Page 14 of 16-- Date JA. 4ET L. DOVE a Dat CH ISTOPHER DOVE --Page 15 of 16-- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this //4-- day of , 2008, before me, the undersigned officer, personally appeared JANET L. DOVE, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. MO!1TM IAL SEAL ROBIN J. BASSETT Notary Public BOROUGH, CUMBERLAND C Vy CO1MMIalon Explat Apr 17, 2011 p4,rwj? yfJ{ a STATE OF COUNTY OF On this 166 day of " d ve*-A ,a , 2008, before me, the undersigned officer, personally appeared CHRISTOPHER L. DOVE, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. MTH OF PENNSYLVANIA S,j Qvbw" Merribsr. permsylvanla Association of Notaries --Page 16 of 16-- 'Aire. Atwoo +t?liC; A r , a z,c + ? y?# C.>.r f., 7 JANET L. DOVE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW CHRISTOPHER L. DOVE, NO. 07-6752 CIVIL TERM Defendant 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: 1. Ground for divorce: Irretrievable breakdown under §3301(c) 3301(d)(1) ef the Divefee Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by certified mail, restricted delivery on November 24, 2007. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: November 17, 2008 by Defendant: November 10, 2008 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: November 20, 2008 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: November 13, 2008 'R --?s --' -?-, ?:. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANET L. DOVE V. CHRISTOPHER L. DOVE NO. 07-6752 DIVORCE DECREE AND NOW, 9 , A*6 Z , it is ordered and decreed that JANET L. DOVE , plaintiff, and CHRISTOPHER L. DOVE , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The parties' Separation and Property Settlement Agreement dated November 17, 2008, is incorporated herein but not merged. By the Court, ?/ a. 'a JANET L. DOVE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW CHRISTOPHER L. DOVE, NO. 07-6752 CIVIL TERM Defendant IN DIVORCE PRIOR JUDGE: KEVIN A. HESS DOMESTIC RELATIONS ORDER WHEREAS, Christopher L. Dove (hereinafter "Participant") and Janet L. Dove (hereinafter "Alternate Payee") have agreed to a division of marital property by a Property Settlement Agreement dated November 17, 2008, which agreement includes provision for a distribution from Participant's account in the Civil Service Retirement System (hereinafter "Plan"); and WHEREAS, this Qualified Domestic Relations Order (hereinafter the "Order") provides for the division and disposition of the marital components of the Participant's account in the Plan, which is a benefit sponsored by Participant's employment with the United States of America, Hazardous Material Section, Building #87, New Cumberland, Pennsylvania, 17070. WHEREAS, the Social Security Number for the Participant, Christopher L. Dove, is xxx- xx-xxxxwhose date of birth is November 6, 1955, and whose initial date of hire is April 29, 1977; and WHEREAS, Participant intends to grant the Alternate Payee, Janet L. Dove, rights to such benefits in such amounts on the terms and conditions prescribed hereinafter as provided for in the Plan; and WHEREAS, this Order is intended to be a Qualified Domestic Relations Order (hereinafter referred to as "QDRO"), as that term is defined in Section 414(p) of the Internal Revenue Code and Section 206(d)(3) of ERISA. NOW THEREFORE, IT IS STIPULATED AND ORDERED AS FOLLOWS: 1. The parties intend for this Order to constitute a "Qualified Domestic Relations Order" as defined in Section 414(g) of the Internal Revenue Code of 1986, as amended. 2. This Order applies to the following qualified retirement plan: Civil Service Retirement System (hereinafter referred to as the "Plan"). 3. The Court has considered the requirements and standard terminology provided in part 838 of Title 5, Code of Federal Regulations. The terminology used in the provisions of this Order that concern benefits under the Civil Retirement System are governed by the standard convention established in that part. 4. Christopher L. Dove, Social Security Number xxx-xx-xxxx* (hereinafter referred to as "Participant") is a participant in the Plan. 5. Janet L. Dove, Social Security Number xxx-xx-xxxx* (hereinafter referred to as "Alternate Payee") is the Participant's former spouse, having been married on July 13, 1978. 6. Participant's date of birth is November 6, 1955 and his last known mailing address is 803 Gardner Drive, Alpharatta, Georgia, 30004. 7. Alternate Payee's date of birth is May 13, 1951, and her last known mailing address is 505 North Pitt Street, Carlisle, Cumberland County, Pennsylvania. 8. Parties were married on July 13, 1978 in Newville, Cumberland County, Pennsylvania, and were divorced by Decree in Divorce in the above-captioned action by the Court of Common Pleas of Cumberland County on December 9, 2008. 9. The Participant's account in the Plan is marital property subject to distribution by the Court of Common Pleas of Cumberland County, Pennsylvania, the Court of jurisdiction over the parties' divorce proceedings. 10. Participant is not in pay status relative to receipt of funds from the Plan. 11. Participant continues as a civilian employee of the United States of America as of this date, being in paid leave status. Pursuant to the parties' above referenced Agreement, at the time of retirement, Participant shall select a retirement plan providing for a survivor's benefit. Further, at the time of Participant's retirement under the Plan, the United States Office of Personnel Management is directed to designate the Participant's monthly benefit to which Alternate Payee is entitled as SIXTY PERCENT (60%) of the available gross monthly benefit, without deduction of any kind. This portion of Participant's monthly benefit shall be paid directly to Alternate Payee from the United States Office of Personnel Management, or its designated pay center, or appropriate federal personnel office, beginning contemporaneously with Participant's receipt of his initial monthly benefit payment, and continuing for as long as Participant's entitlement to said benefits continues. 12. Payments of monthly benefits to the Alternate Payee shall coincide with payment of benefits to Participant and shall continue as long as Participant is alive. The federal, state, and local taxes applicable to this distribution shall be paid by Participant and Alternate Payee based upon the funds actually received by them, respectively. Any taxes required to be withheld by the federal government from the disbursement shall be withheld from each party's portion of the monthly benefits. 13. In the event Alternate Payee predeceases Participant, the payments or distribution to be made as stated herein to Alternate Payee shall be paid to the estate of Alternate Payee, or any designated beneficiary as permitted by the Plan, for the remainder of the period of distribution of retirement proceeds, or as long as otherwise permitted by applicable law. 14. At the time of Participant's retirement, he shall select a retirement option providing for a survivor benefit annuity (SBP). Alternate Payee shall be named as the irrevocable survivor beneficiary under the SBP in order to provide for Alternate Payee to receive any and all sums available to a beneficiary under the SBP. Such payment under the SBP shall be ONE HUNDRED PERCENT (100%) of the available SBP payment. 15. Participant shall have no right or authority to modify the distribution provided for herein to the Alternate Payee. Alternate Payee shall have no additional rights to receive benefits beyond those set forth herein. 16. The remarriage of the Alternate Payee shall not affect her receipt of benefits, payments, or distribution as herein described, unless otherwise required by the Plan. 17. This Order shall not require the Plan to approve any type or form of benefit or option not otherwise provided under the Plan, nor requires the payment of any benefit for the Alternate Payee which is required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. Any provisions of this Order which appear to be otherwise shall be null and void and have no effect. Alternate Payee's rights to receive benefits hereunder are strictly limited to the benefits described herein. 18. In no event shall the Alternate Payee have a greater right than those which are available to the Participant. 19. Except as otherwise stated herein, any reasonable cost incurred by the United States Office of Personnel Management to effectuate the terms and provisions of this Order may be assessed against that party required the servitude of the Office of Personnel Management. Otherwise, such expenses shall be divided equally between them. 20. A copy of this Order shall be mailed promptly, return receipt requested, to the United States Post Office of Personnel Management. If this Order has been predetermined by the United States Office of Personnel Management to constitute a Qualified Domestic Relations Order that Office shall properly carry out the provisions. If this Order has not been predetermined by the United States Office of Personnel Management as a Qualified Domestic Relations Order, then that Office shall, within a reasonable time after the receipt of this Order, determine whether this Order is a Qualified Domestic Relations Order and notify both the Participant and the Alternate Payee of such a determination. Until such time as a determination has been made, the United States Office of Personnel Management shall comply with all requirements imposed upon it by Section 404(p)(7) of the Code and Section 206(d)(3)(h) of ERISA. If the United States Office of Personnel Management determines that this Order is not a Qualified Domestic Relations Order, then they shall notify the Participant and Alternate Payee of such determination and reason therefore, allowing for an amended Qualified Domestic Relations Order to be filed. 21. In the event that any provision of this Order prevents this Order from qualifying under the requirements of the Plan for the division and transfer of the retirement annuity of Participant pursuant to federal law, the parties shall cooperate in having this Order modified to meet the requirements of the Plan consistent with the intent of this Order, said modifications, if any, to be entered nunc pro tunc. The Court of Common Pleas of Cumberland County, Pennsylvania, hereby expressly reserves jurisdiction over the parties and the subject matter of this Order for the limited purposes of supervision and enforcement. 22. A certified copy of this Order shall be forthwith served upon the United States of America, Office of Personnel Management, Office of Retirement Programs. Said Order shall take effect immediately and shall remain in effect until further Order of Court. 23. The parties request the Court to retain jurisdiction over this Domestic Relations Order to amend, as necessary, and to establish or maintain its qualification as a Qualified Domestic Relations Order under ERISA and Part 838 of Title 5, Code of Federal Regulations. 24. No other Judge in the Court of Common Pleas of Cumberland County has been involved in this case with the exception of the Judge named in the docket information set forth above, being the Judge who entered the Decree in Divorce in this matter. *The original Qualified Domestic Relations Order being filed of record has had the parties' Social Security Numbers redacted for confidentiality purposes. IT IS INTENDED THAT THIS ORDER SHALL QUALIFY AS A QUALIFIED DOMESTIC RELATIOSN ORDER AS SUCH AS DEFINED UNDER SECTION 414(p) INTERNAL REVENUE CODE OF 1986 AS AMENDED. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order. WITNESS: 11 lo riffie, Esquire Date JNET L. DOVE, Alternate Payee t7 !1? Sean Shultz, Esquire Da CHRISTOPHER . DOVE, Participant COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND On this day of /J r1.L , 2008, before me, the undersigned officer, personally appeared JANET L. DOVE known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Mpt?u ww J. MfaEn Notary "Ile CAKW MUQN, COMMAND COIJNAy --? My Commission Expir98 Apt 17, 2011 STATE OF V "nf ?(? COUNTY OF r) On this (??ay of k1w.'MI-oz , 2008, before me, the undersigned officer personally appeared CHRISTOPHER L. DOVE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. oWW Seal rmzym- T H OF PENNSYLVANIA D* M. Hock4ibwry, MtKY Pubic COn? FSept24,2010 ? [Wmr, Pere vAlfaMm Am.;nf91'!Inn of n Notaries pk .x. S.rMfPr.'MSMMM!Twa?elvCw.M:e?+VMe+' r«y D 4; JANET L. DOVE, Plaintiff vs. CHRISTOPHER L. DOVE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-6752 CIVIL TERM IN DIVORCE PRIOR JUDGE: KEVIN A. HESS STIPULATION FOR ALIMONY WHEREAS, Janet L. Dove, Plaintiff, and Christopher L. Dove, Defendant, have agreed to a comprehensive resolution of the above captioned divorce action; and WHEREAS, a provision of the resolution of their divorce proceedings provides for the payment of alimony from Defendant to Plaintiff; NOW, THEREFORE, in consideration of their mutual covenants, promises and agreements, it is stipulated and agreed as follows: 1. Defendant shall pay to Plaintiff the sum of $850.00 per month by making bi- weekly payments of $392.31, together with any sums due on arrears, beginning on the date of entry of the Decree in Divorce in the above captioned matter. 2. It is the intention of the parties that the Alimony Pendente Lite (APL) or spousal support Order docketed to No. 00839 S 2007 and PACSES Case No. 040109531 shall be converted from an APL or spousal support Order to an alimony Order effective with the date of entry of the Decree in Divorce in this matter. 3. Any arrearages due at the time of entry of the Decree in Divorce in this matter under the above referenced APL or spousal support Order, shall be converted to an arrearage amount due and owing under this alimony Order. made under the APL or spousal support Order, with the sole modification that the sum shall be considered an alimony award as of the date of entry of the Decree in Divorce. 5. Except as hereinafter set forth, the alimony amount shall be non-modifiable, but shall terminate in its entirety, with the exception of any arrearages due, upon Plaintiff's and Defendant's receipt of Civil Service Retirement System benefits. 6. The alimony award shall end on the first day of the first month that said Civil Service Retirement System benefits are received by the parties. Thereafter, if there continues to be any arrearages due, they shall be collected promptly by the Cumberland County Domestic Relations Section for purposes of paying any arrearage amounts due in full. 7. This award shall be modifiable under the following circumstances: (A) Wife's cohabitation with a member of the opposite sex in a marital relationship; (B) Wife's remarriage; (C) The death of either party; and (D) Substantial change in circumstances. 8. The parties reaffirm the accuracy of their earning capacities as determined by the Court of Common Pleas of Cumberland County, Pennsylvania, Domestic Relations Section, by Order dated December 14, 2007, with the Plaintiff's earning capacity being set at a net monthly amount of $593.00 and Defendant's net earning capacity being set at a net monthly amount of $2,626.22. 9. The parties wish to have an Order of Court entered by the Court of Common Pleas of Cumberland County directing the Cumberland County Domestic Relations Section to collect this alimony amount on a bi-weekly basis through wage attachment or other means available to the Cumberland County Domestic Relations Section for collection of said sums in the same manner as the APL or spousal support Order of December 14, 2007 as previously identified, has been collected by the Cumberland County Domestic Relations Section. 10. The only Judge to have any involvement in the within proceedings is the Judge named in the caption set forth above, being the Judge who entered the Decree in Divorce in this matter. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound and to legally bind their heirs, executors and assigns, have set forth their hand and seals the day and year hereinafter set forth. WITNESSETH: Date JANET L. DOVE P 'V vz&?' ate CHRISTOPHE L. DOVE . COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF CUMBERLAND : On this, the day of f\lo-y-e rKb LA, , 2008, before me the undersigned officer, personally appeared JANET L. DOVE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledge that she executed the same for the purposes therein contained. IXT TTATyx?uF? hereunto set my hand and official seal. NOTARIAL SEAL ROBIN J. ifA=SETT Notory Public 4 CARLIBIE BOROUGH, CUMBERLAND COIMf 111 My Commission Expires Apr 17, 2011 Notary Public STATE OF p4" 1 hqw1vid : SS. COUNTY OF On this, the ) 0+-? day of 2008, before me the undersigned officer, personally appeared CHRISTOPHER L. DOVE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. u0j. v ke- Notary Public CO MOTH OF P SYLVANIA Nom Sep pOw- DoMy M• Hodker>b"y County sexTwP mss gept 24, 2010 . PeCO n ni; A, oclattloo of Notarfe M r ` ? 3 et t + o.., .. ??' c-4 - S'S:3 "+5 . ??^y ?1 .e? st a L?? i 1 ?, Gr% 17 2M 6i JANET L. DOVE, Plaintiff VS. CHRISTOPHER L. DOVE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-6752 CIVIL TERM IN DIVORCE PRIOR JUDGE: KEVIN A. HESS ORDER OF COURT AND NOW, this e$` day of 2008, upon presentation and consideration of the within Stipulation, IT IS HEREBY ORDERED AND DIRECTED that the Cumberland County Domestic Relations Office shall establish an account for purposes of collection of alimony due and owing from the above named Defendant, Christopher L. Dove, to the Plaintiff, Janet L. Dove, in the amount of EIGHT HUNDRED FIFTY AND XX/100 ($850.00) DOLLARS monthly, payable at the bi- weekly rate of THREE HUNDRED NINETY-TWO AND 31/100 ($392.31) DOLLARS. Any and all arrears existing on the Alimony Pendente Lite Order docketed to No. 00839 S 2007 and PACSES Case No. 040109531 on the date of entry of the Decree in Divorce in this matter shall be converted to arrearages under this Alimony Order to be collected by the Domestic Relations Section of Cumberland County, to be collected through wage attachment and through other means available to the Domestic Relations Section. Said alimony payments shall cease on the first day of the first month that the parties' receive distribution from Husband's Civil Service Retirement System Pension. Otherwise, this Order shall be non-modifiable, except under the following circumstances: (A) Wife's cohabitation with a member of the opposite sex in a marital ?+t relationship; (B) Wife's remarriage; (C) The death of either party; and (D) Substantial change in circumstances. BY THE COURT, KEVIN A/14ESS, Judge f ? :8 Wad 61 030 BOOT e_ci a-d dc) ,, , -i++ LA DEC 17 2, G JANET L. DOVE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW CHRISTOPHER L. DOVE, NO. 07-6752 CIVIL TERM Defendant IN DIVORCE PRIOR JUDGE: KEVIN A. HESS ORDER OF COURT AND NOW, this 4' day of 2008, the attached Qualified Domestic Relations Order is approved by this, the Court of Common Pleas of Cumberland County, Carlisle, Pennsylvania, pursuant to the request of the parties. The Court retains jurisdiction over this Domestic Relations Order to amend, as necessary, and to establish or maintain its qualifications as a Qualified Domestic Relations Order under ERISA and Part 838 of Title 5, Code of Federal Regulations. By the Court, 11_/ /V/41 KEVIN A. HESS, Judge Distribution: __..,.adley L. Griffie, Esquire Attorney for Plaintiff ean Shultz, Esquire ? Attorney for Defendant A t i ? 6? :8 WV 6 1 330 OOOZ JANET L. DOVE, Plaintiff vi. CHRISTOPHER L. DOVE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-6752 CIVIL TERM IN DIVORCE PRIOR JUDGE: KEVIN A. HESS STIPULATION FOR ENTRY OF RETIREMENT BENEFITS COURT ORDER WHEREAS, Christopher L. Dove (hereinafter "Participant") and Janet L. Dove (hereinafter "Payee"), have agreed to a division of marital property which agreement includes a distribution from Participant's Thrift Savings Plan (hereinafter "Plan"); and WHEREAS, the parties wish to secure an Order of Court directing said distribution. NOW THEREFORE, it is stipulated and agreed as follows: 1. The parties intend for this Stipulation to be entered as a Retirement Benefits Court Order for the transfer of funds from the Plan of a federal civilian employee. 2. This Order applies to the Thrift Savings Plan of the aforenamed Participant, Social Security No. XXX-XX-7261*, date of birth November 6, 2005, and whose address is 803 Gardner Drive, Alpharatta, Georgia, 30004. 3. This Order applies to the aforenamed Payee, Social Security No. XXX-XX-4526*, date of birth May 13, 1951, and whose last known address is 505 North Pitt Street, Carlisle, Cumberland County, Pennsylvania, 17013. 4. The parties were married on July 13, 1978, in Newville, Pennsylvania, and were divorced by a Decree in Divorce entered by the Court of Common Pleas of Cumberland County, Carlisle, Pennsylvania, on December 9, 2008. 5. The Participant's account in the Plan is marital property subject to distribution by the Court of Common Pleas of Cumberland County, Pennsylvania. The Court has jurisdiction over the parties' divorce proceedings. 6. Participant continues as an employee of the federal government on paid leave status at the time of entry of this Stipulation and requested Order. 7. Pursuant to the parties' Agreement, SIXTY PERCENT (60%) of the total sum in Participant's TSP account as of October 1, 2007 together with pro-rata interest, dividends, and income earned on that sum from that date, shall be rolled over to Payee's Individual Retirement Account (IRA), with Members 1S` Federal Credit Union, account number 319630, immediately upon receipt of this Stipulation and the resulting Order of Court by the TSP Service Office in New Orleans, Louisiana. 8. No other benefits are designated to be received by the Payee from the Participant and no additional claims will be made against the Participant's TSP account by the Payee from the time of rollover of this distribution forward. 9. This transfer of funds shall not be a taxable transfer. 10. The parties intend that this Stipulation shall be entered as an Order of Court and that a true and attested copy of this Order shall be forthwith served upon the TSP Service Office, National Finance Center, P.O. Box 61500, New Orleans, Louisiana, 70161- 1500. Said Order shall be effectuated immediately upon receipt of the Order by the TSP Service Office. 11. No other Judge in the Court of Common Pleas of Cumberland County has been involved in this case with the exception of the Judge named in the docket information set forth above, being the Judge who entered the Decree in Divorce in this matter. *The original Stipulation for Entry of Retirement Benefits being filed of record has had the parties' Social Security Numbers redacted for confidentiality purposes. IN WITNESS WHEREOF, the parties hereto have set forth the day and year hereinafter written. WITNESS: I c - Date ET L. OVE to -4RISTOPHYR L. DOVE STATE OF PENNSYLVANIA COUNTY OF On this) -Y& day of 1 ?- ? , 2008, before me, the undersigned officer, personally appeared JANET L. DOVE, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL ROBIN J. BASSETT Notary Public CARLISLE BOROUGH, CUMSERLAND My Commission Explr*s Apr 17, " ?S11 n?. f COMMONWEALTH OF COUNTY OF ? I On this 1 M day of 2008, before me, the undersigned officer, personally appeared CHRISTOPHER L. DOVE, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ZZ TIM' OF Saw NNSnvn Nw Nolary Pubic Coirltv Sy?yanl? Asaoeiation of Notaries ?.rs+p;3?:,. t+.7 V i ?e kJ ," CFC 2 3 2 3,?, ? JANET L. DOVE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW CHRISTOPHER L. DOVE, NO. 07-6752 CIVIL TERM Defendant IN DIVORCE PRIOR JUDGE: KEVIN A. HESS RETIREMENT BENEFITS COURT ORDER AND NOW, this 2 9 ` day of ./ u,4,,• 44-' , 2008, the attached Stipulation of the parties is hereby approved by the Court and is hereby entered as an Order of Court such that, IT IS HEREBY ORDERED AND DIRECTED that Janet L. Dove (hereinafter "Payee"), S.S. No. XXX-XX-4526*, of 505 North Pitt Street, Carlisle, Pennsylvania, 17013, is awarded the sum of SIXTY PERCENT (60%) of the funds accumulated in the Thrift Savings Plan account of Christopher L. Dove (hereinafter "Participant"), S.S. No. XXX-XX-7261*, of 803 Gardner Drive, Alpharetta, Georgia, 30004, as of October 1, 2007, together with pro-rata interest, dividends or income on said amount from that date to the date of distribution. IT IS FURTHER ORDERED AND DIRECTED that this sum shall be rolled over from the Participant's Thrift Savings Plan account to the Payee's Individual Retirement Account (IRA) with Members 15` Federal Credit Union, account number 319630, as promptly as reasonably possible by the Thrift Savings Plan or TSP Service Office upon receipt of a true and attested copy of this Order. 7B tV urt, KEV A. HESS, Judge M1? ??. ?` ? ? . ? t _.3 r", ?+^? ?:: ? _ C? ? _ ? ??! ?.3 , _. ?.t- -Y' ?'?S M ?? ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 12/24/08 Case Number (See Addendum for case summary) @ Origi nal Order/Notice OAmended Order/Notice 07-6752 0Terminate Order/Notice CIVIL OOne-Time Lump Sum/Notice RE: DOVE, CHRISTOPHER L. Employer/Withholder's Federal EIN Number DEPT OF DEFENSE CIVILIANS Sent Electronically DO NOT MAIL Employee/obligor's Name (Last, First, MI) 256-98-7261 Employee/Obligor's Social Security Number 6512101891 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o. oo per month in current child support $ o . oo per month in past-due child support Arrears 12 weeks or greater? 0 yes ® no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 850.00 per month in current spousal support $ 88.o o per month in past-due spousal support ?o c, .,' o. oo per month for genetic test costs 3=' C=2 $ o . o o per month in other (specify) C-) $ one-time lump sum payment for a total of $ 938.00 per month to be forwarded to payee below. ?Drn D You do not have to vary your pay cycle to be in compliance with the support order. If yotrety cycl"oes not match the ordered support payment cycle, use the following to determine how much to withhold: -0 $ 215.87 per weekly pay period. $ 469, 00 per semimonthly pay period (twice a month). $ 431.74 per biweekly pay period (every two weeks). $ 938. 00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: EDGAR 8 BAYLEY Form EN-428 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If ?hecke?l you are required to provide gopy of this form to yourem loyee. If your employee works in a state tha is ent from di er the state that issued this or er, a copy must be proviedoto your employee even if the box is not chec?ed. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 3115751420 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: DOVE, CHRISTOPHER L. EMPLOYEE'S CASE IDENTIFIER: 6512101891 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: DATE OF SEPARATION: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-428 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment DefendanVObligor: DOVE, CHRISTOPHER L. PACSES Case Number 191109605 PACSES Case Number Plaintiff Name Plaintiff Name JANET L. DOVE Docket Attachment Amount Docket Attachment Amount 07-6752 CIVIL$ 938.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-428 Service Type M OMB No.: 0970-0154 Worker ID $IATT r _k. ^t c- + ?j r :. ?s ?' .r, r ?;) ?? ti: _: ?.;'- ` ` t .. ? -t ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 07-6752 CIVIL State Commonwealth of Pennsylvania OOriginal Order/Notice Co./City/Dist. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 01/27/09 0Terminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice Employer/Withholder's Federal EIN Number DEPT OF DEFENSE CIVILIANS Sent Electronically DO NOT MAIL RE: DOVE, CHRISTOPHER L. Employee/Obligor's Name (Last, First, MI) 256-98-7261 Employee/Obligor's Social Security Number 6512101891 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 $ $ 0.00 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 for a total of $ per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) Arrears 12 weeks or greater? O yes ® no one-time lump sum payment o. o o per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period (twice a month). $ 0.00 per biweekly pay period (every two weeks). $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten 00) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: EDGAR B BAYLEY Service Type M OMB No.: 0970-0154 Form EN-428 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS Iievent rheck you are required, to perQvide a?opy of this form to youremloyee. If yorr employee v?orks in a state that kis e#fom t he state that issu this or er, a copy must be provi to your emp oyee even if the box is not chec ed 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeelobligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 3115751420 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : lZI THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:DOVE, CHRISTOPHER L. EMPLOYEE'S CASE IDENTIFIER: 6512101891 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-428 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: DOVE, CHRISTOPHER L. PACSES Case Number 191109605 PACKS Case Number Plaintiff Name Plaintiff Name JANET L. DOVE Docket Attachment Amount Docket Attachment Amount 07-6752 CIVIL$ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970-0154 Form EN-428 Worker ID $IATT 1 sag '`"