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HomeMy WebLinkAbout08-5450~.. VIRGINIA: IN THE CIRCUIT COURT OF PRINCE EDWARD COUNTY KATHERINE REID BANISTER, Plaintiff v. JAMES MONTGOMERY BANISTER, Defendant (~ - 5y50 Civil Terms Case No.: CH02-54-02 PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: Please enter a Judgment in the above captioned case in the amount of $100,000.00, per Order of Court dated August 5, 2005, from the Edward County. DATE: Paul Bradford Ckf, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 ID # 71786 of Virginia, Prince .i CERTIFICATION OF OFFICIAL RECORD Case No..CH.02-54-02 PRINCE EDWARD COUNTY CIRCUIT COURT .................................................................................................................................... Virginia. Clerk's Attestation I, the Clerk of this Court, attest that the annexed JUDGEMENT RECORDED AS INSTRUMENT # 200600451 IN THE CASE OF KATHERINE REID BANISTER V. JAMES MONTGOMERY BANISTER DESCRIPTION OF ORIGINAL RECORD OR COPY ^ is an official record of this Court in my custody. ® is a true, correct and complete copy of an official record of this Court in my custody and I am the custodian of that record. The annexed copy has been examined and compared with the original. Given under my hand the seal of this Court on ,,,,,,,,,,,,,,,AUGUST 18, 2008 DATE D CLERK X C RK ............. MACHELLE J. EPPES ................................................... TYPED NAME OF CLERK (Seal) Judge's Certification I, (a) (the) Judge of this Court, certify that the above attestation of the duly qualified Clerk of this Court, is in proper form, and that the signature thereto is genuine. .......... ~..~.q~°~' ................... DATE ,Judge RICHARD.S:.BLANTON ........................... TYPED NAME OF NDGE Clerks of Virginia Courts: When an original record or copy of a record is transmitted to another Virginia court, only the clerk's attestation is required. When either an original record or copy is transmitted to a court outside Virginia, both the clerk's attestation and the judge's certification are required. Clerks of Other Courts: The above attestation, the affixing of the court's seal, and the certificate meet the requirements of 28 U.S.C. § 1738, entitling the record so attested and certified to full faith and credit. FORM CC-1630 PDF (MASTER) 6/06 Va. Code §§ 8.01-389 & 8.01 -391; U. S. Const. art. IV, Sec. 1; 28 U.S.C. § 1738 ~... VIRGINIA: IN THE CIRCUIT COURT OF PRINCE EDWARD COUNTY KATHERINE REID BANISTER, Plaintiff v• Case No.: CH02-54-02 JAMES MONTGOMERY BANISTER, Defendant AFFIDAVIT AND NOW, this 12th day of September, 2008, I, Paul Bradford Orr, attorney for Katherine Reid Banister, Plaintiff, in the above-captioned action, hereby swear that Virginia, Circuit Court of Prince Edward County, does not have any Doi ket Entries" to forward to my attention. I also certify that th' unsatisfied. D ated. gy. Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 Fax: (717) 258-5289 I.D. #71786 _.. VIRGINIA: IN THE CIRCUIT COURT OF PRINCE EDWARD COUNTY KATHERINE REID BANISTER, Plaintiff v• Case No.: CH02-54-02 JAMES MONTGOMERY BANISTER, Defendant CERTIFICATION I, Paul Bradford Orr, hereby certify that the addresses in the above captioned matter are as follows: 1. Plaintiff, Katherine Reid Banister, 225 W. Evergreen Street, West Grove, Pennsylvania 19390; 2. Defendant, James Montaomerv Banister ~ ~~ ~hA.,~n.~,,,ti Rd., Hampton, Vi o, q ~a Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 Fax (717) 258-5289 I.D. #71786 4 //__ . r ~. l r VIRGINIA: IN THE CIRCUIT COURT OF PRINCE EDWARD COUNTY KATHERINE REID BANISTER, Plaintiff, v' Case No.:CH02-54-02 JAMES MONTGOMERY BANISTER, Defendant. ORDER On August 5, 2005 came the plaintiff, Katherine Reid Banister, her counsel, A. Pierre JUC+A.7V11, JaL iV1.1}i«,-e11, counsel fer *,he Divisio:. of Child Suppor± Erferce:??ent; ?nd ?ames Montgomery Banister, defendant, upon the plaintiff's motion to remand matters pertaining to child custody, visitation and child support to the Prince Edward County Juvenile and Domestic Relations District Court, and plaintiff's motion for a ruling as to matters pertaining to the defendant's failure to comply with specific terms of the separation agreement dated October 31, 2001 and the addendum dated October 1, 2001 entered into by the parties and incorporated by reference into the divorce decree entered by this Court on July 1, 2002, and a motion by the Division of Child Support Enforcement to intervene and to remand the matters pertaining to the children to the Prince Edward County Juvenile and Domestic Relations District Court. Upon as hearing ore tenus, a review of the evidence and argument of counsel, it is hereby vRJLt:i;D, ADJ"~tI'1C~ED and DF,CREED that 1. All matters pertaining to child custody, visitation and child support for the above- styled matter are remanded to the Prince Edward County Juvenile and Domestic Relations District Court. 2. A judgment in the amount of One Hundred Thousand Dollars and Zero Cents ($100,000.00) is awarded to Katherine Reid Banister to be paid to her by James Montgomery Banister. The judgment includes the obligations of James Montgomery Banister to Katherine --- v ~ ~ ~,:. Reid Banister for the real estate the parties had previously jointly owned, credit card debt assumed by James Montgomery Banister, and debt for health care and dental care expenses for the minor children. 3. Mr. Banister has a child support arrearage in the amount of Thirty Two Thousand Eight Hundred Thirty Six and Sixty Nine Cents ($32,836.69) as August 1, 2005. Mr. Banister shall pay One Thousand Five Hundred and Zero Cents ($1,500.00) each month to Katherine Banister as ordered by this Court in a divorce decree entered on July 2, 2002 which incorporated by reference a property settlement agreement dared October i, ~GOl executed by the parties. 4. Mr. Banister shall pay Four Thousand Dollars ($4,000.00) for Attorney's Fees to A. Pierre Jackson. 5. All other matters before this Court in this case are dismissed. And nothing fiirther remaining to be done in this case it is hereby ordered stricken from the docket and filed among the ended causes. ~~ ~` ~, -- DATE JUDGE W k r this: A. Pierre Jackso Coups 1 for Plai iff ~.~ c Katherine Reid Banister P intiff c Maxwell L 1 Counsel for DCSE Seen: ~i~-a U'~ ~''`~ ~"'~ James Montgomery Banister Defendant 1:13 'S A TRtlE COPY - fiesta: Macl~elle J. ~s:. Clerk B ~ D.C. ~- ~~ J..~ 7 ~ ~ V1RGiN1A: iN THE CIRCUIT COURT OF PRINCE EDWARD COUNTY KATHERINE REID BANISTER, Plaintiff v Case No.: CH02-54-02 JAMES MONTGOMERY BANISTER, Defendant CERTIFICATION I certify that the above captioned matter has not been paid and is still active and awaiting payment of said Judgment. I further certify that this is a valid and enforceable Judgment. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsecation to authorities. DATE: ~ ~ ~ Katherine Reid Banister, Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF hp~ ~' ON THIS, the ~ O ~` day of ~ ~..~..,~- , 2008, before me, the undersigned officer, personally appeared trCATH RINE REID BANISTER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the withifr instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and ofFiciat seat. COMMONW ALTH OF PENNSYLVANIA Notarial Seal Carolyn D. ~rtcent, (Votary public Oxford Bono, Chester County My Commission Expires Jan.19, 2010 r v n~en+; Notary Public Member, Pennsylvania Association of Notaries ~ ~ ~ °c~ z o ~ ~ o ~-, ~~_, 0 y ~ ~ ~-'s ~-~i y :.~ cq .= `~ rv