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.
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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
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