HomeMy WebLinkAbout08-7031TIMOTHY W. JAMES, : IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
2008 - '7K3l CIVIL TERM
KRISTINA L. JAMES, ,
Defendant. IN DIVORCE
NOTICE
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
may proceed without you and a decree in divorce or annulment may be entered against you by
the court. A judgment may also be entered against you for any other claim or relief requested in
these papers by the plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for 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, Cumberland County Courthouse, Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166
1-800-990-9108
AMERICANS WITH DISABILITIES
ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with
Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to
disabled individuals having business before the court, please contact our office. All arrangements must be made at
least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or
hearing.
TIMOTHY W. JAMES,
Plaintiff,
V.
KRISTINA L. JAMES,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2008- 701-?t CIVIL TERM
IN DIVORCE
COMPLAINT IN DIVORCE PURSUANT TO
SECTIONS 3301(C) AND aD OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, Timothy W. James, by and through her attorneys, Irwin &
McKnight, and files this Complaint in Divorce against the Defendant, Kristina L. James,
representing as follows:
1. The Plaintiff is Timothy W. James, an adult individual residing at 880 Alexander
Spring Road, Carlisle, Cumberland County, Pennsylvania 17015.
2. The Defendant is Kristina L. James, an adult individual currently residing at 880
Alexander Spring Road. Carlisle, Cumberland County, Pennsylvania 17015.
3. The Plaintiff and Defendant have been residents of the Commonwealth of
Pennsylvania at least six months prior to the filing of this action in divorce.
4. The Plaintiff and the Defendant were married on May 30, 1998 in Cumberland
County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties.
6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as
the grounds upon which this action is based that the marriage between the parties is irretrievably
broken.
7. The Plaintiff avers that she has been advised of the availability of counseling and
that said party has the right to request that the court require the parties to participate in
counseling.
WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage
between the two parties.
COUNT II: CUSTODY
8. The averments of Paragraphs One through Seven are incorporated herein by
reference as though fully set forth below.
9. The Plaintiff and the Defendant are the natural parents of one minor child:
a. Claire E. James Date of Birth: November 16, 2004 Age 4
10. The child has resided her entire life with both parents at 880 Alexander Spring
Road, Carlisle, Cumberland County, Pennsylvania 17015.
11. The child was born during this marriage.
12. There are no proceedings involving custody of the minor child in this or any other
state.
13. Plaintiff knows of no person not a parry to these proceedings who has physical custody of
the child or who claim to have custody of Claire E. James, partial custody or visitation rights
with respect to the child.
14. The best interest and permanent welfare of the child will be best served by granting the
Plaintiff primary physical custody and joint legal custody with reasonable visitation to the
Defendant.
WHEREFORE, the Plaintiff respectfully requests your Honorable Court to grant her primary
physical custody and joint legal custody of the subject child with reasonable rights of visitation
to the Defendant, and that the Defendant shall not remove the child from the jurisdiction of the
Pennsylvania Courts.
Respectfully submitted,
IRWIN & McKNIGHT
By: '-'7//
Marcus . Mc ght, hTTTguir-c
Supreme Court I.D.
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Date: November 26, 2008
VERIFICATION
The foregoing Complaint in Divorce is based upon information which has been gathered
by counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
TIMOTHY W. J S
Date: November 26, 2008
TIMOTHY W. JAMES,
Plaintiff,
V.
KRISTINA L. JAMES,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2008- CIVIL TERM
IN DIVORCE
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT
The plaintiff, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and understand that I
may request that the court require that my spouse and I participate in counseling.
2. I understand that the court maintains a list of marriage counselors in the
Prothonotary's Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
IMOTHY W. JAftA
Date: November 26, 2008
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TIMOTHY W. JAMES,
Plaintiff,
V.
KRISTINA L. JAMES,
Defendant.
CIVIL ACTION - LAW
2008 - 7031 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF SERVICE OF COMPLAINT
PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
. SS:
NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does
depose and state:
1. That he is a competent adult and attorney for the plaintiff in the captioned action in
divorce.
2. That a certified copy of the Complaint in Divorce was served upon the defendant,
Kristina L. James, on December 3, 2008, by certified, restricted delivery mail, addressed to her at
880 Alexander Spring Road, Carlisle, Pennsylvania 17015, with Return Receipt Number 7007
2680 0003 0345 1529.
3. That the said receipt for certified mail is signed and attached hereto and made a part
hereof.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties?6f 18 Pa. C. S. Section 4904, relating to
unsworn falsification to authorities. / t 1 /2
Date: December 5, 2008
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
GHT, III, ESQUIRE
On this, the 5"' of December 2008, before me, the undersigned officer, personally appeared
Marcus A. McKnight, III, Esq., known to me to be the person whose name is subscribed to the above
instrument and acknowledge that he executed same for the purposes therein contained.
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item 4 if Restricted Delivery is desired.
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so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
MS KRISTINA L JAMES
880 ALEXANDER SPRING ROAD
CARLISLE PA 17019
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If YES, enter delivery address below: ? No
3. Service Type
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? Registered CK Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Exda Fee) W Yes
2. Article Number
(rranslbrfromserWce1") 7007 2680 0003 0345 1529
PS Form 3811, February 2004 Dwftibc Ram p.ceipt 102585-02-M-IW
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TIMOTHY W. JAMES, : IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
2008 - 7031 CIVIL TERM
KRISTINA L. JAMES,
Defendant. IN DIVORCE
COMPLAINT FOR CUSTODY
AND NOW comes the Plaintiff, Timothy W. James, by his attorneys, Irwin & McKnight,
and presents the following Complaint for Custody.
1.
The Plaintiff, Timothy W. James, is an adult individual with an address of 880
Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17013.
2.
The Defendant, Kristina L. James, is an adult individual with an address of 880
Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17015.
3.
The parties are the natural parents of one (1) child, namely, Claire E. James, born
November 16, 2004.
4.
The Plaintiff, Timothy W. James, desires that the parties have shared legal custody of the
minor child, Claire E. James.
5.
The Plaintiff, Timothy W. James, desires shared physical custody of said minor child
with periods of shared physical custody to Defendant, Kristina L. James, as the parties can agree.
The parties have agreed upon an initial custody schedule which is marked as Exhibit "A".
6.
The best interests and permanent welfare of the minor child, Claire E. James, requires
that the Court grant the Plaintiff's request as set forth above.
WHEREFORE, the Plaintiff, Timothy W. James, respectfully requests that he be
awarded shared physical custody and shared legal custody of Claire E. James as provided herein,
with periods of shared physical custody to Defendant, Kristina L. James, as provided herein.
Respectfully submitted,
IRWIN &
By:
III, Esquire
A4rrdey for Plaintiff
60 West Pomfret Stre
7013-3222
(717) 249-2353
Supreme Court I. D. No. 25476
Date: January 15, 2009
EXHIBIT "A"
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Custody arrangements for Claire would be as follows.
One week Tim would have her Sunday, Monday, Tuesday and Wednesday.
Nights; Kris would have her Thursday, Friday and Saturday nights. The next
week Tim would have her Monday, Tuesday and Wednesday nights, and Kris
would have her Thursday, Friday, Saturday and Sunday nights.
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VERIFICATION
The foregoing Complaint for Custody is based upon information which has been gathered
by counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
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MOTHY W. AMkS
Date: January 15, 2009
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TIMOTHY W. JAMES,
Plaintiff,
VS.
KRISTINA L. JAMES,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-7031 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
NOTICE OF ELECTION TO RESUME PRIOR NAME
Notice is hereby given that, Defendant in the above-captioned divorce proceeding,
Kristina L. James, hereby elects to resume her prior name of Kristina L. Heller, and gives this
written notice of her intention in accordance with the provisions of 54 Pa. C.S. § 704.
- 61dtv???
STINA L. HELLER
(Current name to be known as)
KFAgitNA L. JAN"
(Former name prior t this Notice)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
On this the j 5 day of , 2009, before me, the undersigned
officer, personally appeared KRISTINA L. HEL ER (formerly known as KRISTINA L.
JAMES), satisfactorily proven to be the person whose name is subscribed to the foregoing
document and acknowledged that she has executed the same for the uses and purposes therein
contained, as her own free act and deed by signing her name thereto.
IN WITNESS WHEREOF, I hereunto set my name and official seal the day and year
first above written.
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Warm N ARY PUB LC
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TIMOTHY W. JAMES IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2008-7031 CIVIL ACTION LAW
KRISTINA L. JAMES
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Wednesday, January 21, 2009 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February 26, 2009 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: !sl john j. Mangan, r. Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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MAR 0 3 20'9
TIMOTHY W. JAMES,
Plaintiff,
V.
KRISTINA L. HELLER f/k/a,
KRISTINA L. JAMES
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAN COUNTY PENNSYLVANIA
: No. 08-7031
: CIVIL ACTION -LAW
: IN CUSTODY
ORDER
AND NOW this day of March 2009, upon consideration of the attached
Custody Conciliation Report, it is Ordered and Directed as follows:
LJ
1. law Custody - Timothy W. James, (hereinafter the "Father"), and Kristina L.
Heller (VWa Kristina L. James), (hereinafter the "Mother") shall share legal custody of Claire E.
James, date of birth November 16, 2004, (hereinafter the "Child"). The parties agree that major
decisions concerning their child, including but not necessarily limited to the child's health,
welfare, education, religious training and up bringing shall be made by them jointly, after
discussion and consultation with each other. Each party shall notify the other of any activity or
circumstance concerning the Child that could reasonably be expected to be of concern to the
other. Day to day decisions shall be the responsibility of the parent then having physical custody
and when any emergency decision must be made, the parent having physical custody of the Child
at the time of the emergency shall be permitted to make any immediate decisions. However, that
parent shall inform the other parent of the emergency and shall consult with hire or her as soon
as possible. In accordance with 23 PA.C.S.A. Section 5309, each party shall be entitled to
complete in full any information from any doctor, dentist, teacher, professional, or authority and
to have copies of any reports or information given to either party as a parent as authorized by
statute. Mutual agreement shall be made in advance regarding the following matters: Enrollment
or termination to a particular school or school program, advancing or holding the Child back in
school, authorizing enrollment in college, authorizing a child's drivers license or purchase of an
automobile, authorizing employment, authorizing a child's marriage or enlistment in the armed
forces, approving a petition for emancipation, and authorizing foreign travel, passport application
or exchanged student status.
2. Physical Custody: The parties specifically agree that Mother and Father shall
share physical custody of the Child. The parties agree to sustain the current custody schedule that
has been the custom since the separation of the parties. The times will be mutually agreed upon
by the parties. The schedule will be as follows:
a. Father shall have the Child Monday, Tuesday and Wednesday overnights and
Mother shall have the Child Thursday, Friday and Saturday overnights.
b. The parties shall alternate Sundays with the Child.
0
3. HoHdavs: The parties shall alternate physical custody of the Child on the
following holidays: Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving and
Christmas, beginning with Father having custody of the Child on Easter, 2009. These holiday
periods of custody shall be from 9:00 a.m. through 5:00 p.m. on the holiday. The holiday periods
of custody supersede the regular custody schedule.
4. Father's/Mother's Day: Father shall have physical custody every Father's Day
and Mother shall have physical custody every Mother's Day regardless of the regular custody
schedule. The periods of custody shall be from 9:00 am through 5:00 pm.
5. Vamtion: Mother and Father shall each be entitled to two (2) non-consecutive
weeks of custody each year for the purpose of vacations. The vacation custody periods will
supersede the regular custody schedule and each parent shall give the other thirty (30) days
written notice of the dates of the custody period for vacation. If there is a conflict in the
scheduling of vacations, the party first giving written notice to the other parry prevails.
6. Agreement to Vary: Mother and Father, by mutual agreement, may vary from
this schedule at any time, but the Order shall remain in effect until either party petitions to have
it changed.
7. Transportation: Father shall be responsible for transporting the Child for his
periods of custody.
8. Eztracnrricnlar Activities: The parties agree to organize ways for the Child to
maintain their friendships, extracurricular activities, and other special interests, although each
parent must obtain the consent of the other parent before arranging extracurricular activities for
the Children. The parties also agree to provide the other with at least forty-eight (48) hours
advance notice of activities whenever possible and both parties shall agree to honor and
participate in the activities in which the Child wish to participate. During the times that the
parents have physical custody of the Child, they will make certain that the Child attend any
extracurricular activities. The parties agree that they will be supportive of the activities and will
transport the Child to and from such activities and the preparations and practice for the activities
that are scheduled, in such time so that the Child is able to participate in those events.
9. Contact Information: Each parent shall keep the other parent notified of his or
her addresses and telephone number.
10. Child's well-being: The parties realize that the Child's well-being is paramount
to any differences they might have between themselves. Therefore, they agree that neither party
will do anything that may estrange the Child from the other parent, injure the opinion of the
Child as to the other parent, or which may hamper the free and natural development of the
Children's love or respect for the other parent.
11. Restraints: Each party expressly agrees to ensure that the Child is properly
secured in the proper child seat/restraints and seat belts when the Child is transported in an
automobile. The parties also agree that neither party shall consume alcoholic beverages prior to
transporting the Child and no person transporting the Child shall be under the influence of any
alcoholic beverages while transporting the Child.
12. 3molchm drinkina ftal substances: No parry shall smoke in any part of a
confined area with the Child present and neither party shall permit another person to smoke in
any part of a confined area with the Child present. No party shall drink alcoholic beverages or
consume medication or illegal substances to the point of intoxication when in the presence of the
Child. Each shall take all reasonable steps necessary to ensure that their guests and/or other third
parties are not intoxicated in the presence of the Child.
13. School District: The parties expressly agree that the Child shall attend the South
Middleton School District.
14. This Order is entered pursuant to an agreement of the parties. No modification or
waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the
parties. In the absence of mutual consent, the terms of this Order shall control.
J.
D' 'bution:
da Clotfelter, Esquire
1V?arcus McKnight, Esquire
, John J. Mangan, Esquire
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TIMOTHY W. JAMES,
Plaintiff,
V.
KRISTINA L. HELLER f/k/a,
KRISTINA L. JAMES
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAN COUNTY PENNSYLVANIA
: No. 08-7031
: CIVIL ACTION -LAW
: IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF C IL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Child who is the subject of this
litigation is as follows:
Name Date of Birth Currently in the Custody of
Claire E. James 11/16/2004 Shared Mother and Father
2. The following parties have agreed to the entry of an Order as attached:
The Mother, Kristina L. Heller, with her counsel, Linda Clotfelter, Esq.
The Father, Timothy W. James, with his counsel, Marcus McKnight, Esq.
Z -3 / 1c7
Date
TIMOTHY W. JAMES,
Plaintiff
VS.
KRISTINA L. HELLER f/k/a,
KRISTINA L. JAMES
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 0&7031
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed
December 1, 2008.
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.
4. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees and expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unworn falsification to authorities.
Date:
IMOTHY W. J Plaintiff
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TIMOTHY W. JAMES,
Plaintiff
V3.
KRISTINA L. HELLER f/k/a,
KRISTINA L. JAMES
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08-7031
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER & 3301 (C) OF THE DIVORCE CODE
I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this 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: / `? 6 1
OTHY W. S, Plaintiff
ac THE
2009 JUL _g PM 2= 41
Cut"
TIMOTHY W. JAMES,
Plaintiff
VS.
KRISTINA L. HELLER f/k/a,
KRISTINA L. JAMES
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 0&7031
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on
December 1, 2008.
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.
4. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees and expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
Date: ti
KRISTINA L. HELLER, Defendant
(fIk/a KRISTINA L. JAMES)
OF THE P ,:.
3,?'{
2009 JUL --9 Ph 2: li
"A
TIMOTHY W. JAMES,
Plaintiff
VS.
KRISTINA L. HELLER Vk/a,
KRISTINA L. JAMES
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 0&7031
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER & 3301(C) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this 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
unworn falsification to authorities.
Date: ('0
KRISTINA L. HELLER, Defendant
(f/k/a KRISTINA L. JAMES)
CAF THE APY
2009 JUL -9 Fill c : 4
TIMOTHY W. JAMES, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2008 - 7031 CIVIL TERM
KRISTINA L. JAMES, IN DIVORCE
Defendant
To the Prothonotary:
PRAECIPE TO TRANSMIT RECORD
Transmit the record, together with the following information, to the court for entry of a divorce decree:
1. Ground for Divorce: irretrievable breakdown under Section 3301(c) and or (d) of the Divorce Code.
2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the
defendant, Kristina L. James, on or about December 3, 2008, by certified, restricted delivery mail, addressed to her at 880
Alexander Spring Road, Carlisle, Pennsylvania, 17015, with Return Receipt Number 7007 2680 0003 0345 1529.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code:
by plaintiff. July 9, 2009; by defendant: June 18, 2009.
(b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code:
(b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant:
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:
July 9, 2009.
July 9, 2009.
Date defendant's Waiver of Notice in Section 3,Wl(c) Divorce was filed with the Prothonotary:
A. McKnight, III, Esquire
v for Plaintiff
(b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary:
Date: July 29, 2009
BLED-O f IC E.
OF THE KniM ")NOTARY
2009 JUL 29 PI'l 3* Li ?;
MARITAL SETTLEMENT AGREEMENT
V4\
THIS AGREEMENT, made this L5 day of?L)--,- , 2009, by and between,
Kristina L. Heller Fk/a Kristina L. James, (hereinafter called "Wife") and Timothy W. James
(hereinafter called "Husband")
WITNESSET H:
WHEREAS, Husband and Wife were lawfully married on May 30,1998; and
WHEREAS, the parties hereto are the natural parents of one (1) minor child, namely, Claire
E. James, born November 16, 2004 (age 4 years);and
WHEREAS, the parties are now separate and apart within the meaning of the Pennsylvania
Divorce Code; and
WHEREAS, the parties hereto are desirous of resolving fully and finally their respective
financial and property rights and obligations as between each other, including, without limitation,
the settling of all matters between them relating to the ownership of real and personal property, the
support and maintenance of one anotb.er and, in general, the settling of any and all claims and
possible claims by one against the other or against their respective estates.
NOW THEREFORE, in consideration of these premises, and of the mutual promises,
covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and
Wife, each intending to be legally bound hereby, covenant and agree as follows:
1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live
separate and apart. Each shall be free from all control, restraint, interference and authority, direct or
indirect by the other. Each may reside at such place or places as he or she may select. Each may,
for his or her separate use or benefit, conduct, carry on or engage in any business, occupation,
profession or employment which to him or her may seem advisable and each party shall not
interfere in any way with the other parry's business and/or business contacts. Husband and Wife
shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to
cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will
interfere with the use, ownership, enjoyment or disposition of any property now owned by or
hereafter acquired by the other
2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the
opportunity to receive independent legal advice from counsel of his or her selection. Wife has been
represented in this matter by Linda A. Clotfelter, Esquire, and Husband has been represented in this
matter by Marcus A. McKnight, Esquire. Each parry has had the opportunity to review this
Agreement and each fully understands the facts and his or her legal rights and obligations. Each
party also acknowledges and accepts that this Agreement is, under the circumstances, fair and
equitable, and that it is being entered into freely and voluntarily, and that the execution of this
Agreement is not the result of any duress or undue influence, and that it is not the result of any
improper or illegal agreement or agreements. In addition, each party understands the impact of the
Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights
of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital
property or property owned or possessed individually by the other, counsel fees and costs of
litigation and, fully knowing the same, each party hereto still desires to execute this Agreement
acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of
the parties, and waives his and her respective right to have the Court of Common Pleas of
Cumberland County, or any other court of competent jurisdiction, make any determination or order
affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance,
2
equitable distribution, counsel fees and costs of litigation.
3. DISCLOSURE OF .ASSETS. Each of the parties hereto acknowledges that he or
she is aware of his or her right to seek discovery including, but not limited to, written
interrogatories, motions for production of documents, the taking of oral depositions, the filing of
inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the
Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has
had the opportunity to hire counsel to explain the concept of marital property under Pennsylvania
law and each is aware of his or her right to have the real and/or personal property, estate and assets,
earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any
other court of competent jurisdiction. The parties do hereby acknowledge that there has been full
and fair disclosure to the other of his or her respective income, assets and liabilities, whether such
are held jointly, in the name of one party alone or in the name of one of the parties and another
individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal
or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties
do not wish to make or append hereto any further enumeration or statement. Specifically, each
party waives the need for copies of bank statements, insurance policies, retirement plan statements
or any other documentation. Each party warrants that he or she is not aware of any marital asset
which is not identified in this Agreement. The parties hereby acknowledge and agree that the
division of assets as set forth in this Agreement is fair, reasonable, and equitable, and is satisfactory
to them. Each of the parties hereto further covenants and agrees for himself and herself and his or
her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the
other party or his or her heirs, executors, administrators or assigns in any action of contention, direct
or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there
3
was any fraud, duress, undue influence or that there was a failure to have available full, proper and
independent representation by legal counsel.
4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties
agree, that by this Agreement they have resolved all ancillary economic issues related to the
dissolution of their marriage and thus any divorce action with respect to these parties shall be
limited to a claim for divorce only. Husband filed a Divorce Complaint in the Court of Common
Pleas of Cumberland County, Pennsylvania to Civil Docket Number 08 - 7031. The parties agree
that concurrently with the execution of this Agreement they will each execute an Affidavit of
Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree so that either party
may finalize the divorce action in a timely fashion. In the event, for whatever reason, either party
fails or refuses to execute such affidavit upon the other party's timely request, that party shall
indemnify, defend and hold the other harmless from any and all additional expenses, including
actual counsel fees, resulting from any action brought to compel the refusing party to consent.
Each parry hereby agrees that a legal or equitable action may be brought to compel him or her to
execute a consent form and that, absent some breach of this Agreement by the proceeding parry,
there shall be no defense to such action asserted. Upon completion of the divorce action, counsel
obtaining a divorce decree shall supply to opposing party a copy of the Decree.
5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to
this Agreement are transfers between Husband and Wife incident to their divorce and as such are
nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the
adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal
division of marital property for full and adequate consideration and as such will not result in any
gift tax liability.
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6. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party
understands that he or she has the right: (1) to obtain from the other party a complete inventory
or list of all of the property that either or both parties own at this time or owned as of the date of
separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to
compulsory discovery to assist in the discovery and verification of facts relevant to their
respective rights and obligations, including the right to question the other party under oath; and
(4) to have a court hold hearings and make decision on the matters covered by this Agreement,
which court decision concerning the parties' respective rights and obligations might be different
from the provisions of this Agreement.
Each party acknowledges that this Agreement is fair and equitable, that it adequately
provides for his or her needs and is in his or her best interests, and that the agreement is not the
result of any fraud, duress, or undue influence exercised by either party upon the other or by any
other person or persons upon either party.
Given said understanding and acknowledgment, both parties hereby waive the following
procedural rights:
a. Inventory: The right to obtain an inventory of all marital and separate property as
defined by the Pennsylvania Divorce Code.
b. Income and Expense Statement: The right to obtain an income and expense
statement of the other party as provided by the Pennsylvania Divorce Code,
except in instances where such an income and expense statement is hereafter
required to be filed in any child support action or any other proceedings pursuant
to an order of court.
C. Discovery: The right to have any discovery as may be permitted by the Rules of
Civil Procedure, except discovery arising out of a breach of this Agreement, out
of any child support action, or out of any other proceedings in which discovery is
specifically ordered by the court.
d. Determination of Marital and Non-Marital Property: The right to have the court
5
determine which property is marital and which is non-marital, and equitably
distribute between the parties that property which the court determines to be
marital.
C. Other Riuhts and Remedies: The right to have the court decide any other rights
remedies, privileges, or obligations covered by this Agreement, including, but not
limited to, possible claims for divorce, spousal support, alimony, alimony
pendente lite (temporary alimony), counsel fees, costs and expenses.
7. EQUITABLE DISTRIBUTION. The parties have attempted to distribute their
marital property in a manner which conforms to the criteria set forth in Section 3502 of the
Pennsylvania Divorce Code. 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 marital rights of the
parties, and shall be as follows:
A. REAL ESTATE - 880 Alexander Sprint Road, Carlisle, Pennsylvania: The
parties acknowledge that the jointly titled real property situate at 880 Alexander Spring
Road, Carlisle, Pennsylvania (hereinafter Marital Residence"), served as the marital
residence. The Marital Residence was appraised January 2, 2009 and it was determined
that its fair market value is $235,000.00.
It is also acknowledged that the Marital Residence is presently encumbered by
two (2) mortgages. The primary mortgage has a principle balance owed of $132,000.00
and there is a home equity loan with an approximate balance due of $25,000.00 that was
incurred to purchase the parties' 1984 Prevost Marathon Bus that has been converted to a
motor home with a full bath, bunk area and bedroom. It is specifically agreed that the bus
and the loan associated with its purchase but secured by the Marital Residence shall be
6
treated separately from the Marital Residence and the primary mortgage and shall be
handled as more specifically described in Paragraphs 7(B), 7(C)(v) and 7(D).
The parties mutually agreed that Husband shall retain sole possession of the
Marital Residence free of any right, claim, title or interest of Wife provided that Husband
refinances the property as such that Wife is released from all liability for the Marital
Residence and Wife is paid the sum of $25,000.00 representing equitable distribution to
Wife of her marital interest in the equity from the Marital Residence which must occur no
later than nine (9) months from the date of execution of this Agreement. The cash
payment to Wife in the sum of $25,000.00 is based upon the anticipated equity in the
Marital Residence at the time of the refinance by Husband and is also based upon the
complete equitable distribution scheme of the parties' real and personal property. Thus,
should there be any delay in Husband's refinance of the mortgage on the Marital
Residence, then the sum paid to Wife representing equitable distribution of her interest in
the property shall be increased to compensate her for her interest in the equity in the
property due to the delay.
The parties specifically agree as follows:
i. Husband's occupancy. The parties agree that Husband shall be entitled to
exclusive use and occupancy of the Marital Residence and Husband shall
be solely responsible for all other expenses relating to the Marital
Residence, including, but not limited to the mortgages, real estate taxes,
insurance, utilities and he shall hold Wife harmless for same. It is further
agreed that all household utility accounts not in Husband's name alone,
shall be transferred to Husband's name alone within ten (10) days of the
execution of this Agreement.
ii. Husband's refinance. Husband agrees to apply to refinance the mortgages
such that Wife is relieved of any and all liability for same. Husband
agrees to close the loan such that the disbursement of the funds of the
refinance occurs within nine (9) months of the execution date of this
7
agreement. Except as otherwise provided, upon the refinance by Husband
Wife shall be paid the sum of $25,000.00 as equitable distribution of
Wife's marital interest in the equity in the Marital Residence. Husband
shall be solely responsible for any and all costs associated with his
refinance of the mortgage pursuant to this Agreement. In the event that
Husband does not refinance the mortgages within the time limits of this
Agreement, the parties shall list the property for sale with a realtor of their
mutual selection and each party shall cooperate fully in listing, marketing,
and facilitating the sale of the property with the proceeds, after the
deduction of the customary seller's costs being distributed equally
between the parties, except at otherwise addressed, below. It is agreed
that no reasonable offer which would provide sufficient proceeds to satisfy
the debts related to the Marital Residence shall be refused.
iii. Timely Pa mMents. Husband acknowledges that he has an affirmative duty
to make timely payments for the mortgages and other expenses related to
the Marital Residence and a duty to inform Wife if he fails to make the
payments as stated. Upon Husband's failure to make timely payments as
stated herein, Notice of Default, shall be provided to him with ten (10)
days to cure his failure to pay. If Husband fails to cure the default within
ten (10) days of the date the Notice is postmarked, then Wife shall have
the right at her election to make the payment for the mortgage or other
expense if it is in her name or would otherwise cause damage to Wife or
the Marital Residence. If Wife must make any payments for the mortgage
or other expenses related to the Marital Residence that are the obligation
of Husband per this Agreement, then Wife shall be entitled to
reimbursement of those sums paid by on behalf of the other parry. The
reimbursement shall be made directly to the aggrieved party upon request
or at the time of the real estate settlement for the refinance or sale of the
Marital Residence. If there are insufficient proceeds from the sale of the
Marital Residence to reimburse the aggrieved party from the other party's
share of the proceeds of the sale, then the remaining reimbursement sums
due shall be made by direct payment at a rate of $500.00 per month plus
six percent (6%) per annum interest until the obligation is paid.
B. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY: The parties
agree that they have divided by agreement between themselves all furnishings and
personalty including all furniture, furnishings, antiques, jewelry, rugs, carpets, household
appliances and equipment including the equipment utilized by Husband in his business.
Wife shall retain as her sole and separate property the personal property presently within
her possession and Husband shall retain sole and exclusive ownership of the furnishings
and personalty presently within his possession. Each party shall retain the furnishings
and personalty as described herein as his or her possession, free and clear of any right,
title, claim and/or interest of the other party. Should it become necessary, the parties each
agree to sign, upon request., any titles or documents necessary to give effect to this
paragraph. Property shall be deemed to be in the possession or under the control of either
party if, in the case of tangible personal property, it is physically in the possession or
control of the party at the time of the signing of this Agreement or in the case of
intangible personal property, if any physical or written evidence of ownership, such as
passbook, checkbook, policy or certificate of insurance or other similar writing is in the
possession or control of the party. This Agreement shall constitute a sufficient bill of sale
to evidence the transfer of any and all rights in personal property from one party to the
other as set forth herein.
The parties acknowledge that the distribution of personal property pursuant to this
Paragraph and cash payment to Wife pursuant to Paragraph 7(A) is based upon the
complete equitable distribution. scheme in this Agreement as designated in this Section.
C. MOTOR VEHICLES
i. 2004 Chevrolet Impala - It is specifically agreed that Wife shall retain exclusive
use, ownership and title of the 2004 Chevrolet Impala purchased during the marriage.
Wife shall be fully and solely responsible for any and all financial or other obligations
associated with the 2004 Chevrolet Impala, including but not limited to the secured loan
with an approximate balance due of $1,000.00, and she agrees to indemnify and hold
harmless Husband from any and all liability for same. Wife agrees to obtain and
9
maintain the necessary automobile insurance for vehicle with no lapse in coverage and
Husband agrees to execute upon request the title or other documentation if necessary to
effectuate the terms of this paragraph as provided herein.
R. 2005 Saturn Vue - It. is specifically agreed that Husband shall retain exclusive
use, ownership and title of the 2005 Saturn Vue purchased after the date of separation.
Husband shall be fully and solely responsible for any and all financial or other
obligations associated with the 2005 Saturn Vue, including but not limited to the secured
loan with an approximate balance due of $9,172.35, and he agrees to indemnify and hold
harmless Wife from any and all liability for same. Husband agrees to obtain and
maintain the necessary automobile insurance for vehicle with no lapse in coverage.
iii. 1995 Chevrolet G20 - It is specifically agreed that Husband shall retain
exclusive use, ownership and title of the 1995 Chevrolet G20 purchased during the
marriage. Husband shall be fully and solely responsible for any and all financial or other
obligations associated with the 1995 Chevrolet G20 and he agrees to indemnify and hold
harmless Wife from any and all liability for same. Husband agrees to obtain and
maintain the necessary automobile insurance for vehicle with no lapse in coverage and
Wife agrees to execute upon request the title or other documentation if necessary to
effectuate the terms of this paragraph as provided herein,
iv. 1999 Carmate Trailer - It is specifically agreed that Husband shall retain
exclusive use, ownership and title of the 1999 Carmate Trailer purchased during the
marriage. Husband shall be fully and solely responsible for any and all financial or other
obligations associated with the 1999 Carmate Trailer and he agrees to indemnify and hold
harmless Wife from any and all liability for same. Husband agrees to obtain and
10
maintain the necessary automobile insurance for vehicle with no lapse in coverage and
Wife agrees to execute upon request the title or other documentation if necessary to
effectuate the terms of this paragraph as provided herein.
V. 1984 Prevost Marathon Bus - It is specifically agreed that Husband shall retain
exclusive use, ownership and title of the 1984 Prevost Marathon Bus that has been
converted from a passenger bus to a motor home. Husband shall be fully and solely
responsible for the loan secured by the Marital Residence that was incurred to purchase
the bus and all other obligations associated with the 1984 Prevost Marathon Bus and he
agrees to indemnify and hold harmless Wife from any and all liability for same.
It is specifically agreed that Husband shall refinance the home equity loan on the
Marital Residence when he refinances the primary mortgage such that Wife is relieved of
any and all liability for both mortgages. Husband agrees to close the loan such that the
disbursement of the funds of the refinance occurs within nine (9) months of the execution
date of this agreement. Husband shall be solely responsible for any and all costs
associated with his refinance of the mortgage pursuant to this Agreement. In the event
that Husband does not refinance the mortgages within the time limits of this Agreement
as stated above, the parties shall sell the Marital Residence as stated above and shall also
sell the Prevost Marathon Bus. Both parties shall cooperate fully in listing, marketing,
and facilitating the sales with the proceeds being used to pay in full the loans associated
with the Marital Residence and the bus and any proceeds, after the deduction of the
customary seller's costs being distributed equally between the parties, except at otherwise
addressed, below. It is agreed that no reasonable offer which would provide sufficient
proceeds to satisfy the debts shall be refused.
11
Husband agrees to obtain and maintain the necessary automobile insurance for
vehicle with no lapse in coverage and Wife agrees to execute upon request the title or
other documentation if necessary to effectuate the terms of this paragraph as provided
herein.
D. PENSION, PROFIT-SHARING, RETIREMENT, OR OTHER PLANS
RELATED TO EMPLOYMENT: The parties acknowledge that each has obtained
during the marriage certain pension, profit-sharing, other retirement plans related to
employment. More specifically, Wife has a 401(k) through Smith Barney and Husband
has a Roth IRA through Prudential. The parties acknowledge that they have the right to
have the retirement accounts valued to determine the value of marital property; however,
the parties expressly waive their right to do so. The parties further agree that, in light of
the complete distribution scheme described in this Agreement, each party shall retain as
his or her sole and exclusive property, any interest that he or she has in any retirement
account in his or her name, free and clear of any right, claim, title, or interest of the other
party and each party agrees to execute any documents necessary to effectuate the purpose
of this paragraph.
E. DISTRIBUTION OF' CASH ASSETS, STOCKS AND BONDS AND
INVESTMENT ACCOUNTS: The parties agree that they have distributed to each, to
their mutual satisfaction, the sums deposited in the marital bank accounts and other
similar accounts. The parties further agree that they shall retain as their respective sole
and separate property any other depository or brokerage accounts, stocks, or bonds held
in their respective individual names. If either party remains upon an account to be
retained by the other party, the parties agree that they shall take all steps that are
12
necessary to title the account to a sole name within thirty (30) days of the date of this
Agreement.
F. LIFE INSURANCE: The parties agree that each shall retain any and all life
insurance policies in his or her name without claim by the other party and those assets
shall be that parry's sole and separate property. There shall be no restrictions on either
party regarding designations of beneficiaries nor shall there be any other limitations
regarding the financing, continuation, or termination of any life insurance policies held
by either of the parties.
G. MISCELLANEOUS PROPERTY: As of the execution date of this Agreement,
any and all property not specifically addressed herein shall be owned by the party to
whom the property is titled; and if untitled, the party in possession after the expiration of
six (6) months from the date of execution of this Agreement. This Agreement shall
constitute a sufficient bill of sale to evidence the transfer of any and all rights in such
property from each to the other.
H. PROPERTY TO WIFE: The parties agree that Wife shall own, possess, and
enjoy, free from any claim of husband, the property awarded to her by the terms of this
Agreement shall become Wife's property after she has Husband released from any and all
liability for same. Husband hereby quitclaims, assigns and conveys to Wife all such
property, and waives and relinquishes any and all rights thereto, together with any
insurance policies covering that property, and any escrow accounts relating to that
property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer
of any and all rights in such property from Husband to Wife.
13
I. PROPERTY TO HUSBAND: The parties agree that Husband shall own,
possess, and enjoy, free from any claim of Wife, the property awarded to him by the
terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all
such property, and waives and relinquishes any and all rights thereto, together with any
insurance policies covering that property, and any escrow accounts relating to that
property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer
of any and all rights in such property from Wife to Husband.
8. DEBTS. Husband represents and warrants to Wife that since the separation he
has not, and in the future he will not contract or incur any debt or liability for which Wife or her
estate might be responsible, and he shall indemnify and save Wife harmless from any and all
claims or demands made against her by reason of such debt or obligation incurred by him since
the date of said separation, except as otherwise set forth herein.
Wife represents and warrants to Husband that since the separation she has not, and in the
future she will not, contract or incur any debt or liability for which Husband or his estate might
be responsible, and she shall indemnify and save Husband harmless from any and all claims or
demands made against him by reason of such debts or obligations incurred by her since the date
of said separation, except as otherwise set forth herein. The parties also agree to the following:
a. Marital Debt. During the course of the marriage, Husband and Wife have
incurred certain bills and obligations that are marital debt. It is their specific
desire to address a distribution of those debts herein. The parties agree that each
party shall retain as his or her sole and separate obligation the marital debt as
described in this section..
b. General Provision: Any debt herein described shall be deemed to include the
current balance owed on. the debt as of the date of execution of this Agreement.
C. Wife's debts: Wife shall be solely responsible for the following bills and debts:
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Automobile Loan and Expenses: The secured loan for the 2004
Chevrolet Impala and any and all other expenses related to the use
and maintenance of the vehicle.
2. Other Debts: Any and all other debts, liabilities, obligations, loans,
credit card accounts, and the like incurred in Wife's sole name, and
not otherwise provided for herein related to those assets to be
retained by Wife.
d. Husband's Debts: Husband shall be solely responsible for the following bills and
debts:
1. Automobile Loan and Expenses: The secured loan for the 2005
Saturn Vue that was purchased after the date of separation and any
and all other expenses related to the use and maintenance of the
vehicle.
2. Real Estate: Any and all expenses related to the Marital Residence
including but not limited to the real estates taxes, mortgages
(including the home equity loan that was used to purchase the 1984
Prevost Marathon Bus), assessments, maintenance and homeowner's
insurance as well. as any and all costs of Husband's refinance.
3. Other Debts: Any and all other debts, liabilities, obligations, loans,
credit card accounts, and the like incurred in Husband's sole name,
and not otherwise provided for herein.
e. Indemnification: Each party agrees to hold the other harmless from any and all
liability which may arise from the aforesaid bills which pursuant to the terms
herein are not the responsibility of the other party. This includes but is not
limited to any attorney's fees and costs incurred by the other party as the result of
defending against the obligation and/or enforcing the provisions of this
indemnification.
f. No Further Char es on Joint Debts: Neither party shall make any further charges
on any joint debt for which the other party may be responsible, and if said charges
are made in violation of this Agreement, then the party incurring said charge shall
immediately repay same. From the date of this Agreement, each party shall only
use those credit accounts or incur such further obligations for which that party is
individually and solely liable and the parties shall cooperate in closing any
remaining accounts which provide for joint liability.
g. Non-Disclosed Liability!: Any liability not disclosed in this Agreement shall be
the sole responsibility of the party who has incurred or may hereafter incur it, and
the party incurring or having incurred said debt shall pay it as it becomes due and
15
payable.
4. INCOME TAX. The parties have heretofore filed joint federal and state tax
returns. Both parties agree that, in the event any deficiency in federal, state or local income tax
is proposed or any assessment of any such tax is made against either of them, each will
indemnify and hold harmless the other from and against any loss or liability for any such tax
deficiency or assessment and any interest, penalty and expense incurred in connection therewith.
Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is
finally determined to be the cause of the misrepresentations or failures to disclose the nature and
extent of his or her separate income on the aforesaid joint returns. It is also specifically agreed
that each party agrees to execute immediately upon request any and all documentation necessary
to effectuate the terms of this paragraph.
10. ALIMONY, ALIMONY _PENDENTE LITE, SPOUSAL SUPPORT.
Husband and Wife hereby expressly waive, discharge and release any and all rights and claims
which he or she may have now or hereafter by reason of the parties' marriage to alimony,
alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from
the parties' status as husband and wife. The parties further release and waive any rights they
may have to seek modification of the terms of this paragraph in a court of law or equity, it being
understood that the foregoing constitutes a final determination for all time of either party's
obligation to contribute to the supportand maintenance of the other.
It shall be, from the execution date of this Agreement, the sole responsibility of each of
the respective parties to sustain himself or herself without seeking any support from the other
party. In the event that either of the parties shall seek a modification of the terms of this
paragraph, that party shall indemnify and hold the other party harmless from and against any loss
16
resulting therefrom, including counsel fees and costs.
11. TAX DEPENDENCY EXEMPTIONS. The parties agree that Wife shall be
entitled to utilize the tax dependency exemptions for Claire E. James, born November 16, 2004
(age 4 years); in even number years and Husband shall be entitled to utilize the tax dependency
exemption in odd number years regardless of the custodial arrangement between the parties. Each
party agrees to execute the proper IRS form required for the other's tax returns as needed within
seven (7) days of his or her request for same.
12. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically
provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each
waives all rights of inheritance in the estate of the other, any right to elect to take against the will
or any trust of the other or in which the other has an interest, and each of the parties waives any
additional rights which said parry has or may have by reason of their marriage, except the rights
saved or created by the terms of this Agreement. This waiver shall be construed generally and
shall include, but not be limited to, a waiver of all rights provided under the laws of
Pennsylvania, or any other jurisdiction..
13. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically
set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights
and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying
a beneficiary designation which belongs to the other party under the terms of this Agreement,
including, but not limited to, pensions and retirement plans of any sort or nature, deferred
compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay
checks or any other post-death distribution schemes, and each party expressly states that it is his
and her intention to revoke by the terms of this Agreement any beneficiary designations naming
17
the other which are in effect as of the date of execution of this Agreement. If and in the event the
other party continues to be named as beneficiary and no alternate beneficiary is otherwise
designated, the beneficiary shall be deemed to be the estate of the deceased party.
14. WAIVER OF CLAIMS. Except for the obligations of the parties contained in
this Agreement and such rights as are expressly reserved herein, each party gives to the other by
the execution of this Agreement an absolute and unconditional release and discharge from all
causes of action, claims, rights or demands whatsoever in law or in equity, which either party
ever had or now has against the other.
15. PRESERVATION OF RECORDS. Each party will keep and preserve for a
period of four (4) years from the date of their divorce decree all financial records relating to the
marital estate, and each party will allow the other party access to those records in the event of tax
audits.
16. BANKRUPTCY. The parties further warrant that they have not heretofore
instituted any proceedings pursuant to the bankruptcy laws; there are no such proceedings
pending with respect to them which have been initiated by others; and they agree not to file a
bankruptcy action prior to the completion of their respective obligations of this Agreement. It is
stipulated and agreed by the parties that any payment made by one party to or for the benefit of
the other party, including the direct payment of marital debt addressed in this Agreement, shall
be deemed to be in the nature of support and maintenance and shall not be dischargeable in
bankruptcy. The parties acknowledge that the payments and other terms of this Agreement are
necessary for the parties to meet their financial obligations and to support and maintain their
standard of living. Also, if either party files for bankruptcy, this Agreement shall constitute
conclusive evidence of the parties' intent that the obligations in the nature of maintenance and
18
support are not dischargeable under current bankruptcy law or under any amendment thereto and
the parties agree to consent to any motion filed requesting that the bankruptcy courts abstain
from deciding the dischargeability of the obligations in order to allow the appropriate Court of
Common Pleas to rule upon this issue.
17. COUNSEL FEES AND COSTS. Husband and Wife each agree to be
responsible for their own attorney's fees and costs incurred with respect to the negotiation and
drafting of this Marital Settlement Agreement and the divorce proceedings related thereto.
18. MODIFICATION. No modification, rescission, or amendment to this
Agreement shall be effective unless in writing signed by each of the parties hereto.
19. SEVERABILITY. If any provision of this Agreement is held by a court of
competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall
nevertheless survive and continue in full force and effect without being impaired or invalidated
in any way.
20. BREACH. If either party breaches any provision of this Agreement, the other
party shall have the following rights and remedies, at his or her election, all of which shall be
deemed to be cumulative and not in the alternative, unless said cumulative effect would have an
inconsistent result or would result in a. windfall of the other party:
a. Specific Performance: The right to specific performance of the terms of this
Agreement, in which event the non-breaching party shall be reimbursed for all
reasonable attorney's fees and costs incurred as the result of said breach and in
bringing the action for specific performance.
b. Damages: The right to damages arising out of breach of the terms of this
Agreement, which damages shall include reimbursement of all reasonable
attorney's fees and costs incurred as the result of the breach and in bringing the
damage action.
C. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of
19
the Pennsylvania Divorce Code, 23 Pa.C.S.A. Section 3502(e), and any additional
rights and remedies that may hereafter be enacted by virtue of the amendment of
said statute or replacement thereof by any other similar laws.
d. Other Remedies: Any other remedies provided for in law or in equity.
C. Considerations for Reasonable Attorneys Fees: Any award of "reasonable
attorneys fees" as used in this paragraph shall be based on consideration of (1) the
hourly rate charged; (2) the services rendered; and (3) the necessity of the
services rendered. Determination of reasonableness shall not take into
consideration the amount or nature of the obligation sought to be enforced or any
possibility of settlement for less than the obligation sought to be enforce by the
non-breaching party.
21. WAIVER OF BREACH. The waiver by one party of any breach of this
Agreement by the other party will not be deemed a waiver of any other breach or any provision
of this Agreement.
22. APPLICABLE LAW. All acts contemplated by this Agreement shall be
construed and enforced under the substantive laws of the Commonwealth of Pennsylvania
(without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of
execution of this Agreement.
23. DATE OF EXECUTION. The "date of execution" or "execution date" of this
Agreement shall be defined as the date upon which the parties signed the Agreement if they do
so on the same date, or if not on the same date, then the date on which the Agreement was signed
by the last party to execute this Agreement.
24. EFFECTIVE DATE. This Agreement shall become effective and binding upon
both parties on the execution date.
25. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE. This
Agreement shall remain in full force and effect and shall not be abrogated even if the parties
effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This
20
Agreement also shall continue in full force and effect in the event of the parties' divorce. There
shall be no modification or waiver of any of the terms hereof unless the parties in writing execute
a statement declaring this Agreement or any term of this Agreement to be null and void.
26. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text
of the several paragraphs and subparagraphs hereof are inserted solely for convenience of
reference and shall not constitute a part of this Agreement nor shall they affect its meaning,
construction or effect.
27. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall
bind the parties hereto and their respective heirs, executors, administrators, legal representatives,
assigns, and successors in any interest of the parties.
28. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully
read this Agreement; that he or she has sought sufficient legal advice from legal counsel of his or
her own choice, if any, and has executed it voluntarily and in reliance upon his or her own
attorney, if any; and that this instrument expresses the entire agreement between the parties
concerning the subjects it purports to cover and supersedes any and all prior agreements between
the parties. This Agreement should be interpreted fairly and simply, and not strictly for or
against either of the parties.
29. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver
to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations,
tax returns, and other documents, and shall do or cause to be done every other act or thing that
may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If
either party unreasonably fails on demand to comply with these provisions, that party shall pay to
21
the other parry all attorney's fees, costs, and other expenses actually incurred as a result of such
failure.
30. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated
into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into
said decree. The parties shall have the right to enforce this Agreement under the Divorce Code
of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this
Agreement as an independent contract. Such remedies in law or equity are specifically not
waived or released.
31. BINDING EFFECT. BY SIGNING THIS AGREEMENT, EACH PARTY
ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE
AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF
THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY
WERE ORDERED BY THE COURT AFTER A FULL HEARING.
IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto
have hereunto set their hands and seals the day and year first above written.
KRISTINA L. HELLER
(f/k/a KRISTINA L. JAMES)
WIWESS OTHY W. JAWS
22
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF On this _ day of , 2009, before me, the undersigned
officer, personally appeared IMSTINA L. HELLER (f/k/a IMSTINA L. JAMES), 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.
N?1 A MMI?
IMr 000W
???I?M111?MIlMlA ?/
9ALVA 00A A,
Notary Public
COMMONWEALTH rOF PENNSYLVANIA
COUNTY OF Cy m ,hA fay On this day of 2009, before me, the undersigned
officer, personally appeared TIMOTHY W. JAMES, 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.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal Public
Mara,a NOW. Notary NCarilsle soro, Cumberiand
CountY
8 X11
a Sept 1
M Commisefon_Expke WH bf Notaries
23
OF THE- R?,
2009 J'''6
c!
IN THE COURT OF COMMON PLEAS OF
TIMOTHY W. JAMES CUMBERLAND COUNTY, PENNSYLVANIA
V.
KRISTINA L. JAMES : NO 2008 - 7031 CIVIL TERM
DIVORCE DECREE
AND NOW, zoc it is ordered and decreed that
TIMOTHY W. JAMES plaintiff, and
KRISTINA L. JAMES , 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 Marriage Settlement Agreement dated July 15, 2009, and signed by the parties is
hereby incorporated into this Divorce Decree but not merged.
By the Court,
-."6. -/ /0
Attes . J.
a 1, 14 "-
Prot notary
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of
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TIMOTHY W. JAMES, : IN THE COURT OF COMMON PLEBS
Plaintiff : CUMBERLAND COUNTY,PENN$]kWA fiIA
==% -o-Y
VS. : NO. 08-7031 `J' ^`o
31 C'7 C77
KRISTINA L. MANDICH f/k/a, : CIVIL ACTION-LAW c
KRISTINA L.HELLER - "
Defendant : IN DIVORCE c`?
STIPULATION OF CUSTODY
AND NOW,come the parties,Timothy W.James,(hereinafter the"Father"),and Kristina L.
Mandich(f/k/a Kristina L. Heller), (hereinafter the"Mother"),who enter a Stipulation of Custody
with regard to their child, Claire E. James, date of birth November 16, 2004, age (8) years,
(hereinafter the "Child"), and agree as follows:
1. Legal Custody - Mother and Father shall share legal custody of the Child. The
parties agree that major decisions concerning their child,including but not necessarily limited to the
child's health,welfare,education,religious training and up bringing shall be made by them jointly,
after discussion and consultation with each other. Each party shall notify the other of any activity or
circumstance concerning the Child that could reasonably be expected to be of concern to the other.
Day to day decisions shall be the responsibility of the parent then having physical custody and when
any emergency decisions must be made,the parent having physical custody of the Child at the time
of the emergency shall be permitted to make any immediate decisions. However, that parent shall
inform the other parent of the emergency and shall consult with him or her as soon as possible. In
accordance with 23 PA.C.S.A. Section 5309, each party shall be entitled to complete in full any
information from any doctor, dentist,teacher, professional, or authority and to have copies of any
reports or information given to either party as a parent as authorized by statute. Mutual agreement
shall be made in advance regarding the following matters:Enrollment or termination to a particular
school or school program,advancing or holding the Child back in school,authorizing enrollment in
college,authorizing a child's drivers license or purchase of an automobile,authorizing employment,
authorizing a child's marriage or enlistment in the armed forces, approving a petition for
emancipation, and authorizing foreign travel, passport application or exchanged student status.
2. Physical Custody: The parties specifically agree that Mother shall have primary
physical custody of the Child and Father shall have partial physical custody of the Child every
Monday from 3:30 p.m.through 5:00 p.m.;every Tuesday from 3:00 p.m.through 6:00 p.m.;and at
other times as mutually agreed upon by the parties.
3. Holidays: The parties shall alternate physical custody of the Child on the following
holidays:Easter,Memorial Day,Fourth of July,Labor Day,Thanksgiving and Christmas,beginning
with Father having custody of the Child on Easter,2009. These holiday periods of custody shall be
from 9:00 a.m. through 5:00 p.m. on the holiday. The holiday periods of custody supersede the
regular custody schedule.
4. Father's/Mother's Day: Father shall have physical custody every Father's Day and
Mother shall have physical custody every Mother's Day regardless of the regular custody schedule.
The custody periods shall be from 9:00 a.m. through 5:00 p.m.
5. Vacation: Mother and Father shall each be entitled to two(2)non-consecutive weeks
of custody each year for the purpose of vacations. The vacation custody periods will supersede the
regular custody schedule and each parent shall give the other thirty (30) days written notice of the
dates of the custody period for vacation. If there is a conflict in the scheduling of vacations,the parry
first giving written notice to the other party prevails.
6. Agreement to Vary: Mother and Father,by mutual agreement,may vary from this
schedule at any time, but the Order shall remain in effect until either party petitions to have it
changed.
7. Transportation: Father shall be responsible for transporting the Child for his periods
of custody.
8. Extracurricular Activities: The parties agree to organize ways for the Child to
maintain their friendships,extracurricular activities,and other special interests,although each parent
must obtain the consent of the other parent before arranging extracurricular activities for the
Children. The parties also agree to provide the other with at least forty-eight (48) hours advance
notice of activities whenever possible and both parties shall agree to honor and participate in the
activities in which the Child wish to participate. During the times that the parents have physical
custody of the Child,they will make certain that the Child attend any extracurricular activities. The
parties agree that they will be supportive of the activities and will transport the Child to and from
such activities and the preparations and practice for the activities that are scheduled,in such time so
that the Child is able to participate in those events.
9. Contact information: Each parent shall keep the other parent notified of his or her
addresses and telephone number.
10. Child's well-being: The parties realize that the Child's well-being is paramount to
any differences they might have between themselves. Therefore,they agree that neither party will do
anything that may estrange the Child from the other parent,injure the opinion of the Child as to the
other parent,or which may hamper the free and natural development of the Children's love or respect
for the other parent.
11. Modification: No modification or waiver of any of the terms hereof shall be valid
unless made in writing and signed by both of the parties.
12. Order of Court: The parties expressly stipulate and agree to have the terms of this
Stipulation of Custody entered as an Order of Court for child custody to the above-captioned docket.
13. Restraints: Each parry expressly agrees to ensure that the Child is properly secured
in the proper child seat/restraints and seat belts when the Child is transported in an automobile. The
parties also agree that neither parry shall consume alcoholic beverages prior to transporting the Child
and no person transporting the Child shall be under the influence of any alcoholic beverages while
transporting the Child.
14. Smoking, drinking, illegal substances: No parry shall smoke in any part of a
confined area with the Child present and neither parry shall permit another person to smoke in any
part of a confined area with the Child present. No parry shall drink alcoholic beverages or consume
medication or illegal substances to the point of intoxication when in the presence of the Child. Each
shall take all reasonable steps necessary to ensure that their guests and/or other third parties are not
intoxicated in the presence of the Child.
15. School District: The parties expressly stipulate and agree that the Child shall attend
the South Middleton School District.
16. No parties shall be permitted to relocate the residence of the Child where said
relocation will significantly impair the ability to exercise custody unless every individual who
has custodial rights to the Child consents to the proposed relocation or the Court approves the
proposed relocation. Any party proposing to relocate MUST comply with 23 Pa.C.S. §5337.
This agreement is binding and enforceable when signed by Timothy W.James and Kristina L.
Mandich (f/k/a/ Kristina L. Heller). Both parties' agree that this Stipulation of Custody shall be
incorporated into an Order of Court of Common Pleas in Cumberland County,Pennsylvania and they
further agree that the stipulation of custody fully resolve any and all child custody issues between the
parties.
WHEREFORE,the parties ask that this Honorable Court enter an Order in accordance with
their Agreement.
We verify that the statements made in the foregoing Stipulation of Custody are true and
correct to the best of our knowledge, information and belief. We understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. Section 4904,relating to unsworn falsification
to authorities. COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEkC'
SKYE R.FISHER,Notary'Publid
S.Middleton Twp.,Cumberland County,
My Cc-mrission Expires Nov6 nber26;.20i6
Witnesses:
TIMOTHY W.J mtiff
KRISTINA L. MANDICH, Defendant, f/k/a
KRISTINA L. HELLER
TIMOTHY W. JAMES, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
VS. : NO. 08-7031
KRISTINA L. MANDICH f/k/a, : CIVIL ACTION—LAW
KRISTINA L. HELLER
Defendant : IN DIVORCE
ORDER-
AND NOW,this re�day of ,2013,upon consideration of the
Stipulation of Custody filed to the above-captioned docket, the Court hereby incorporates the
Stipulation by reference into this Order of Court.
Relocation. The parties are advised that neither party shall hereafter relocate the child if such
relocation will significantly impair the ability of a non-relocating party to exercise his or her
custodial rights unless(a)every person who has custodial rights to the child/children consents to the
proposed relation or (b) the court approves the proposed relocation. The party seeking relocation
must
BY THE COURT:
Edward E. Guido, Judge
MCO
z M. = M. �--
Distribution: =M r M
.,"Linda A. Clotfelter, Esquire, for Plaintiff cn
-Marcus McKnight,Esquire, for Defendant
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