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HomeMy WebLinkAbout09-2041MARIA P. COGNETTI & ASSOCIATES MARGARET M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff NANCY L. JAMISON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 0 ivi I Term MICHAEL J. JAMISON, Defendant CIVIL - ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of 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 at the 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 MARIA P. COGNETTI & ASSOCIATES MARGARET M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff NANCY L. JAMISON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 4- ;?V V1 Cc- ?r( Ize. MICHAEL J. JAMISON, CIVIL - ACTION - LAW Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW comes Plaintiff, Nancy L. Jamison, by and through her attorney, Margaret M. Simok, Esquire, and files the following Complaint in Divorce and in support thereof avers as follows: 1. Plaintiff is Nancy L. Jamison, who has resided at 1321 Swope Drive, Boiling Springs, Cumberland County, Pennsylvania, for the last eleven (11) years. 2. Defendant is Michael J. Jamison, who has resided at 931 Byers Avenue, Chambersburg, Franklin County, Pennsylvania, for the last two (2) months. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 26, 1991, in Bedford County, Pennsylvania. 1 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that Defendant may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. Plaintiff avers that there are two (2) children of the marriage under the age of eighteen (18), namely: Alexandra Q. Jamison, born September 9,1995; and, Kate S. Jamison, born March 3, 1997. COUNT I - DIVORCE 10. Plaintiff avers that the grounds on which the action is based are as follows: That the marriage is irretrievably broken. COUNT II - EQUITABLE DISTRIBUTION 11. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. 2 WHEREFORE, Plaintiff requests the Court enter a Decree in Divorce and equitably distribute all property, both personal and real, owned by the parties. Respectfully submitted, Dated: 4,30 MARIA P. COGNETTI & ASSOCIATES By: bj'?? rb 4-;'? MARG T M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff 3 VERIFICATION I, NANCY L. JAMISON, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATE: 3 :3O 02 1 Z" J4?1=2 Nancy L. amiso t REYOFqrM OF TW 0NOTAW APR - i Ph 12z 40 CLACERLIA1140 COILM 43(o4. So Pa AT?-/ elc-w 4soq ? aa3o(o9 1 ?n? at 4 L!J n MARIA P. COGNETTI & ASSOCIATES MARGARET M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff NANCY L. JAMISON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL J. JAMISON, Defendant : NO. 09-2041 CIVIL TERM CIVIL - ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, MARGARET M. SIMOK, ESQUIRE, do hereby certify that a true and correct copy of the Notice to Defend and Claim Rights and Complaint Under Section 3301(c) of the Divorce Code was served upon the Defendant by certified mail, return receipt requested, on the 8th day of April, 2009. The original signed return receipt, number 7005 0390 0005 2244 2016, is attached hereto and made a part hereof. Respectfully submitted, Dated:- MARIA P. COGNETTI & ASSOCIATES By: MARG T M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff A. Signature X ? Agent Addressee B. Received by (Printed N`ame) C. Date of Delivery D. Is delivery address dffferent from item 1? ? Yes If YES, enter delivery address below: ? w DEL 3. ?.Service Type cennw mail ? Express Mail Registered ARetum Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number 7005 0390 0005 2244 2016 (Transfer from service IaW PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse 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: MrcAged .l. -.lami'son q !,l ?3yer s -Ave-. ('214a,"b epsiurq, Pa. CTED /-7;?o/ OF Tf - "'T,kgY 2009 APR 16 AN 11: 2 7 ,u MARIA P. COGNETTI & ASSOCIATES KELLY A. SPARVIERI, ESQUIRE Attorney I.D. No. 200864 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 9094060 Attorneys for Plaintiff NANCY L. JAMISON, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-2041 CIVIL TERM MICHAEL J. JAMISON, Defendant CIVIL - ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of 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 at the 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 MARIA P. COGNETTI & ASSOCIATES KELLY A. SPARVIERI, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff NANCY L. JAMISON, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2041 CIVIL TERM MICHAEL J. JAMISON, Defendant CIVIL - ACTION - LAW : IN DIVORCE AMENDED COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Nancy L. Jamison, by and through her attorney, Kelly A. Sparvieri, Esquire, and files the following Amended Complaint in Divorce and in support thereof avers as follows: 1. Plaintiff is Nancy L. Jamison, who has resided at 1321 Swope Drive, Boiling Springs, Cumberland County, Pennsylvania, for the last eleven (11) years. 2. Defendant is Michael J. Jamison, who has resided at 931 Byers Avenue, Chambersburg, Franklin County, Pennsylvania, for the last two (2) months. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 26, 1991, in Bedford County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that Defendant may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. Plaintiff avers that there are two (2) children of the marriage under the age of eighteen (18), namely: Alexandra Q. Jamison, born September 9,1995; and, Kate S. Jamison, born March 3, 1997. COUNT I - DIVORCE 10. Plaintiff avers that the grounds on which the action is based are as follows: (a) That the marriage is irretrievably broken; and (b) That Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, so as to make Plaintiff's condition burdensome and life intolerable. COUNT II - EQUITABLE DISTRIBUTION 11. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. COUNT III - ALIMONY 12. Plaintiff lacks sufficient property to provide for her reasonable needs. 13. Plaintiff is unable to sufficiently support herself through appropriate employment. 14. Defendant has sufficient income and assets to provide continuing and indefinite support. COUNT IV - ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 15. By reason of the institution of the action to the above term and number, Plaintiff will be and has been put to considerable expense in the preparation of her case, and the employment of counsel and the payment of costs. 16. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses in this litigation and is unable to appropriately maintain herself during the pendency of this action. 17. Defendant has adequate earnings to provide support for the Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff requests the following of the Court: a. Enter a Decree in Divorce; b. Equitably distribute all property, both personal and real, owned by the parties; Compel Defendant to pay alimony to Plaintiff; d. Compel Defendant to pay alimony pendente lite as well as pay Plaintiffs counsel fees, costs and expenses; and e. Grant such further relief as the Court may deem equitable and just. Respectfully submitted, Dated: /Z) MARIA P. COGNETTI & ASSOCIATES .b /J By; Xt&-'J a . L22??? KELLY A. ARVIERI, SQUIRE Attorney I.D. No. 200864 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff VERIFICATION I, NANCY L. JAMISON, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATE: 6 `7 Nancy L. J ison PLED- OFFICI OF THE 2 0 0 9 MAY -4 P t 2: S 4'w Cut U- 4, .#U .pp Po ATf Cr'* qsi(o 24Y (-517 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NANCY L. JAMISON, CIVIL ACTION - LAW Plaintiff VS. No. 09 - 2041 CIVIL TERM MICHAEL J. JAMISON Defendant DIVORCE ANSWER TO COMPLAINT IN DIVORCE WILLIAM C. CRAMER ATTORNEY AT LAW CHAMBERSBURG. PA 17201 (717) 264-3711 NOW COMES the Defendant, Michael J. Jamison, by and through his attorney, Kathleen W. Cramer, and in answer to Plaintiffs Amended Complaint in Divorce under Section 3301(c) of the Divorce Code states as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied for the reason that Defendant is without knowledge as to the information set forth therein. 9. Admitted. Count I - Divorce 10. Defendant admits that the marriage is irretrievably broken; Defendant denies that he has offered such indignities to Plaintiff as to make her condition burdensome and life intolerable and denies that she is the innocent and injured spouse. WHEREFORE, Defendant respectfully requests your Honorable Court that a decree in divorce not be entered until disposition of the equitable distribution count and the other matters raised. Count II - Equitable Distribution 11. Admitted. WHEREFORE, Defendant respectfully requests your Honorable Court to equitably divide, distribute, and assign the marital property if the parties are unable to reach an agreement on the equitable distribution of the marital assets. Count III - Alimony 12. Denied. Defendant has property and disposable income sufficient to provide WILLIAM C. CRAMER ATTORNEY AT LAW CHAMBERSBURG. PA 17201 (717) 264-3711 for her reasonable needs. 13. Denied. Plaintiff's education and work experience provides her with ample and varied opportunities for employment. Her early retirement and decision to rely 2 upon significant returns from her investments in lieu of earnings from employment does not preclude continued employment and/or self-employment in her field of expertise. 14. Denied. Defendant's income is limited to his hourly salary from his employment which is required to provide a separate household for Defendant and support for his children. Plaintiff's investment assets and potential for income from employment exceed those of Defendant. WHEREFORE, Defendant respectfully requests your Honorable Court to dismiss Plaintiffs request for alimony because Plaintiff has failed to aver facts stating a cause for relief and is otherwise not entitled to the relief requested. Count IV - Alimony Pendente Lite, Counsel Fees. Costs and Expenses 15. Denied, for the reason that Defendant is without specific knowledge as to the information set forth. 16. Denied, for the reason that Defendant is without specific knowledge as to the information set forth and further denied because Plaintiff has investment dividend and interest income in excess of Three Thousand Two Hundred ($3,200.00) Dollars per month, and substantial investment principal, in addition to an ongoing capacity for employment earnings. 17. Denied. Defendant's limited hourly earned income is not sufficient to WILLIAM C. CRAMER ATTORNEY AT LAW CHAMBERSBUR6. PA 17201 (717) 264-3711 provide support for Plaintiff and to pay her counsel fees, costs and expenses because Defendant's income is needed to maintain his separate household, to pay support for 3 his children, to pay the medical costs for Plaintiff and his children, and to pay the legal fees and costs in defense of the divorce action filed by Plaintiff. WHEREFORE, Defendant respectfully requests your Honorable Court to dismiss Plaintiff's request for alimony pendente lite, counsel fees, costs, and expenses, because Plaintiff has failed to aver facts stating a cause for relief and is otherwise not entitled to the relief requested. Respectfully submitted by, Dated: May 22, 2009 U? gto.77L? .Kathleen W. Cramer Attorney for Defendant 14 North Main Street, Ste. 414 Chambersburg, PA 17201 Supreme Court I.D. No. 22495 WILLIAM C. CRAMER ATTORNEY AT LAW CHAMBERSBUR6. PA 17201 (717) 264-3711 4 I verify that the statements made in this Answer to Amended Complaint in Divorce 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: May 22, 2009 W"_ "Q- -1 1 Lai&- Michael J. Jamison, Defendant WILLIAM C. CRAMER ATTORNEY AT LAW CHAMBERSBURG. PA 17201 (717) 264-3711 5 CERTIFICATE OF SERVICE I, Kathleen W. Cramer, Attorney for Michael J. Jamison, hereby certify that on this date I served a true and correct copy of the attached Answer to Amended Complaint in Divorce upon Kelly A. Sparvieri, Esquire, Attorney for Plaintiff, at her office address of 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011, by ordinary first class mail, postage prepaid. Date: May 22, 2009 4atKh?le?en W. Cramer Attorney for Michael J. Jamison WILLIAM C. CRAMER ATTORNEY AT LAW CMAMBERSBURG. PA 17201 (717) 264-3711 6 i G 7 , RY 21109 MIRY' 6 € k"> 4 T, MARIA P. COGNETTI & ASSOCIATES KELLY A. SPARVIERI, ESQUIRE Attorney I.D. No. 200864 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff NANCY L. JAMISON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL J. JAMISON, Defendant NO. 09-2041 CIVIL TERM CIVIL - ACTION - LAW IN DIVORCE STIPULATION AND NOW, this day <141W 2009, comes Nancy Jamison (hereinafter referred to as "Wife"), through her attorney Kelly A. Sparvieri, Esquire, and Michael Jamison (hereinafter referred to as "Husband"), through his attorney Kathleen Walsh Cramer, Esquire, who file this Stipulation as to the Distribution of the Parties' Income Tax Refund, and state as follows: WHEREAS, the parties were married on October 26, 1991; WHEREAS Wife filed a Complaint for Divorce on April 1, 2009, and an Amended Complaint for Divorce on May 4, 2009; WHEREAS on or about April 28, 2009, the parties received $19,643.00 as a refund for their payment of their 2008 income taxes NOW, THEREFORE, intending to be legally bound hereby, the parties hereto stipulate and agree as follows: 1. The parties will distribute the 2008 Federal Income Tax refund between them as follows: a. Wife shall receive $14,067.00 representing her portion of the joint income tax refund. b. Husband shall receive $5,567.00 representing his portion of the joint income tax refund. 2. Within twenty-four (24) hours of receiving a signed and executed copy of this stipulation from Husband, Wife shall transfer the funds representing Husband's portion of the income tax refund into the parties' joint PNC Savings Account #8686, and immediately notify Husband of the same. 3. Upon notification by Wife that the funds have been deposited into the parties' joint account, Husband shall withdraw no more than $5,567.00 from the joint account for his portion of the income tax refund. 4. Both parties hereby waive any and all further claims to the 2008 Federal Income Tax refund. 5. Husband acknowledges that although Wife signed his name she advised him of the same and he now approves said action. 6. Husband agrees not to pursue any claim, criminal or otherwise, that he may have against Wife in relation to her signing and executing the parties' joint tax return, and agrees not to file an amended individual tax return for tax year 2008. 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. Kelly A. Sp ieri, Esq re Nancy L. Yamis6 9, & _ IN - C .J .?. _ athleen Cramer Walsh, Esquire Michael Jamison RLED-uv l;va 2 0 0 9 J1UPW 22 Fh 1 : v 6 JUN 2 3, 2'009 MARIA P. COGNETTI & ASSOCIATES KELLY A. SPARVIERI, ESQUIRE Attorney I.D. No. 200864 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff NANCY L. JAMISON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL J. JAMISON, Defendant : NO. 09-2041 CIVIL TERM! CIVIL - ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, TO WIT, this 134 day of Sc , 2009, if is hereby ORDERED AND DECREED that the attached Stipulation as to the distribution of the parties' income tax refund is made an Order of this Court and said Stipulation is adopted in its entirety and incorporated herein as an Order of Court. BY THE COURT: / FILED OE i CC OF THE P;1a.)Tr-,r,NOTJkRY M9 JUN 23 PH h: 0 PENNSYLVANIA - Lr 2 3Jvg? 7U d ~ ~ I_J i U i ii ~ ~ l) ~~~ ~ ~; ; ~~~ PROPERTY SETTLEMENT AGREEMENT BETWEEN NANCY L. JAMISON AND MICHAEL J. JAMISON PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of ~C,b/'~C[a' , 2010, by and between NANCY L. JAMISON, of Cumberland County, Pennsylvania (hereinafter referred to as WIFE), and MICHAEL J. JAMISON, of Franklin County, Pennsylvania (hereinafter referred to as HUSBAND): WITNESSETH: WHEREAS, the parties were married on October 26, 1991, in Bedford County; and WHEREAS, The parties are the parents of the following minor children: Alexandra Q. Jamison, born September 9, 1995; and Kate S. Jamison, born March 3, 1997; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and 1 -~1L"S NLJ MJJ WHEREAS, an informal accounting has been made by each part to the other party concerning all property, whether personal, real, mixed, tangible or intangible, wherever situated, however titled and whenever acquired; and WHEREAS, said accounting has been fully considered by each part and all rights of each party respecting all property held by each and both parties, wherever situated, however titled and whenever acquired, has been considered by each party before entering into this Agreement; and WHEREAS, both and each of the parties hereto are aware of their legal rights, the implications of this Agreement, and the legal consequences which may and will ensue from the execution hereof; and, NOW, THEREFORE, in consideration of the exclusive ownership of the property and estate each party is to acquire hereunder and in consideration of the mutual promises, covenants, terms, conditions, and undertakings hereinafter set forth and to be mutually kept and performed, and with the express intent of being legally bound hereby, HUSBAND and WIFE, agree as follows: 1. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 2 N NLJ MJJ 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understands and agrees that neither shall do or say anything to the children of the parties at anytime which might in any way influence the children adversely against the other party, it being the intention of both parties to minimize the effect of any such separation upon the children. 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as maybe available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 4. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County to Docket No. 09-2041, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits, Waivers or other documents necessary for the parties to obtain an absolute 3 NHS '~.~ NLJ MJJJ divorce pursuant to Section 3301(c) of the Divorce Code at the same time as they execute this Agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement at the same date. Otherwise, the "date of execution" or 4 NL NLJ MJJ "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date," which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise 5 ~L NLJ M J under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. ADVICE OF COUNSEL: The provisions of this Agreement and its legal effect have been fully explained to the parties by their respective counsel; MARGARET M. SIMOK, Esquire, for WIFE and KATHLEEN WALSH CRAMER, Esquire, for HUSBAND. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not, at any future time, raise as a defense, or otherwise, the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 10. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate 6 N ~~ NLJ MJ of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other maybe liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 12. PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property (including motor vehicles) between them, and they mutually agree that each party shall from and after the date of execution hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, except the following property, which items shall be distributed to HUSBAND or WIFE as specifically provided herein: A. Seuarate Property of Husband: i. All construction and repair tools (excluding garden tools) ii. All media storage devices containing Husband's photographs and negatives (Husband agrees to copy all photos from the flash drive and discs for Wife upon her request) iii. All framed photographs taken by Husband and no longer displayed in the marital home 7 NLJ M J iv. All pond equipment, including filters, pumps, hoses, rubber containers, plant containers and fittings (to be provided to Husband only at such time when Wife ceases to use the ponds) v. Spindle bench (from Husband's family) B. Separate Property of Wife: i. All remaining furnishings and property in the marital home. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. Each of the parties hereby specifically quitclaims, waives, releases, renounces, and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other party, except as otherwise provided herein, which shall become the sole and separate property of the other from the date of execution hereof. 13. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, the parties agree as follows: a. The 2005 Pontiac Vibe shall be the sole and exclusive property of WIFE; b. The 2005 Honda Accord shall be the sole and exclusive property of HUSBAND. The titles to the said motor vehicles shall be executed by the parties, if appropriate, for affecting transfer as herein provided, on the date of execution of this Agreement, and said executed title shall be delivered to the proper party on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobile and agrees to refinance any amount due and owing, so that this amount is in his or her individual name, if necessary. Until such time as each party refinances his or her respective vehicle, they shall each be 8 _~ NLJ MJJ solely responsible for any and all payments due thereon, and shall indemnify and hold the other party, his heirs, successors and assigns, harmless from any liability in the event of default. 14. MARITAL HOME: HUSBAND agrees to transfer all of his right, title, and interest in and to the real estate situated at 1321 Swope Drive, Boiling Springs, in Cumberland County, Pennsylvania, now titled in the name of HUSBAND and WIFE as tenants by the entireties, to WIFE. HUSBAND further acknowledges that he has no claim, right, interest, or title whatsoever in said property and further agrees never to assert any claim to said property in the future. WIFE agrees to prepare deed conveying the real estate designated as the marital home to WIFE, and to provide said deed to HUSBAND'S attorney. HUSBAND agrees to execute deed conveying his interest to WIFE, as well as any other necessary documents requested by WIFE and provided to HUSBAND concurrent with execution of this agreement. Said deed and documents shall held in escrow by WIFE'S attorney and shall be delivered to WIFE upon proof being provided to HUSBAND or HUSBAND' S attorney of acquisition by WIFE of refinancing of the marital home and discharge of the indebtedness for which HUSBAND is responsible and payment to HUSBAND of the distribution specified herein at Paragraph 17. WIFE hereby covenants and agrees to assume and pay in full the remaining balance of the mortgage in favor of Citigroup and home equity loan from PNC Bank now existing and presently constituting liens upon and encumbrances of the same premises and shall, within one-hundred twenty (120) days of the execution of this Agreement, refinance the marital home so that HUSBAND is no longer liable on the Note and Mortgage in favor of Citigroup and the home equity loan from PNC Bank. If WIFE is unable to refinance the marital home in this time period, wife agrees to list the 9 N lS NLJ M~JJ T home for sale for a fair market value determined by a licensed realtor acceptable to both parties; or WIFE may, in the alternative, elect to repay the mortgage and any home equity loan indebtedness in full or at a cost negotiated with the mortgagee and/or lenders from WIFE' S separate funds which is sufficient to remove HUSBAND' S name from the mortgage and home equity loans. WIFE further agrees, commencing on the execution date of this Agreement, to be solely responsible for all costs, expenses, and liabilities associated with, accrued or attributable to this residence including, but not limited to, the mortgage in favor of Citigroup, the home equity loan from PNC Bank, taxes, including capital gains taxes upon sale, insurance premiums sufficient to satisfy all mortgage and home equity indebtedness naming mortgagee and home equity creditors as loss payee in priority to WIFE, costs of refinancing the note and mortgage, and maintenance. WIFE shall keep HUSBAND and his property, successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, costs or expense, including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from HUSBAND's ownership interest in said property. HUSBAND agrees that as of the date of acquisition by WIFE of refinancing of the marital home and discharge of the indebtedness for which HUSBAND is responsible, any and all title policies and any other policy of insurance with respect to the Marital Residence shall be endorsed to reflect WIFE as sole owner thereof and further agrees that WIFE shall be entitled to receive any payments thereafter due under any such insurance policies. Until delivery of deed to marital home to WIFE under the aforesaid terms of this agreement, or until sale of the marital home as herein 10 ~iL NLJ MJJ provided, WIFE shall provide proof of casualty insurance on the marital residence to HUSBAND, and shall list him as certificate holder upon his request. 15. HILTON HEAD CONDOMINIUM SALE PROCEEDS: HUSBAND and WIFE acknowledge that the real estate situated at 1219 Hilton Head Resort, Four Seasons Center, Hilton Head Island, South Carolina previously titled in the name of HUSBAND and WIFE as tenants by the entireties, was sold and the deed transferred to the buyer on February 1, 2010 by mutual consent of the parties; and that the total of the net proceeds of this sale is Ninety-seven Thousand Three Hundred Fifty-one Dollars and Twenty-nine Cents ($97,351.29). HUSBAND and WIFE acknowledge that they agreed prior to date of sale that these funds would be held in escrow by the parties' agent in South Carolina, Stephen W. Stufko, Esquire, and now further agree that these funds shall be disbursed to the parties under the terms of this agreement as follows: (1) Upon the date of execution of this agreement, HUSBAND shall be entitled to receive Seventy-four Thousand ($74,000.00) Dollars of the proceeds of the sale of the Hilton Head Resort property, and (2) WIFE shall be entitled to receive the remainder of the proceeds of sale in the amount of Twenty-three Thousand Three Hundred Fifty-one Dollars and Twenty-nine Cents ($23,351.29); and (3) upon the date of execution of this agreement, the parties shall give written notice and direction to Attorney Stephen W. Stufko to disburse these funds in two separate checks to each of the respective parties in the aforesaid amounts; and (4) this written notice shall be accomplished by letter prepared by HUSBAND and provided to WIFE through their respective counsel, said letter to be signed by HUSBAND and WIFE and their respective counsel at the same time as execution of this agreement, and said letter to be forwarded by email or facsimile and ordinary mail to Attorney Stufko on the date 11 r~ L~ NLJ ~MJJ of execution by WIFE and her counsel and, further (5) WIFE agrees to be solely responsible for all taxes, including capital gains taxes, arising from transfer of the property, and in the event that HUSBAND is required by law to pay any taxes, including capital gains taxes, as a result of the sale of this property, WIFE agrees to reimburse HUSBAND for any such payment within thirty days from the date that HUSBAND provides to WIFE written proof of payment by him of any such tax. 16. TIMESHARE: HUSBAND agrees to transfer all of his right, title, and interest in and to the parties' Hawaii Timeshare, now titled in the name of HUSBAND and WIFE, to WIFE. HUSBAND further acknowledges that he has no claim, right, interest, or title whatsoever in said property and further agrees never to assert any claim to said property in the future. HUSBAND agrees to execute all necessary documents including the deed, prepared by WIFE and provided to HUSBAND, conveying his interest to WIFE, upon execution of this Agreement or, in the event that the deed for this property not be available at date of execution, within thirty days of presentation of those documents to HUSBAND by WIFE subsequent to date of execution. In such an event, WIFE agrees to provide to HUSBAND written documentation of any acceptance of change in title to the timeshare, if required, by the originating or managing agents for the timeshare, and to present the deed for the timeshare, within ninety (90) days of execution of this Agreement. Except as otherwise provided herein, commencing on the execution date of this Agreement, WIFE agrees to be solely responsible for all costs, expenses, and liabilities associated with or attributable to this property including the yearly maintenance fee. WIFE shall keep HUSBAND and his property, successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, costs, or expense, including attorney's fees, which may be incurred in connection 12 OJ 1-~ NLJ MJ with such liabilities and expenses or resulting from HUSBAND's ownership interest in said timeshare. HUSBAND agrees that as of the date of execution of this Agreement and payment to HUSBAND of the distribution specified herein at Paragraph 17, any and all title policies and any other policy of insurance with respect to the Hawaii Time Share shall be endorsed to reflect WIFE as sole owner thereof and further agrees that WIFE shall be entitled to receive any payments thereafter due under any such insurance policies. 17. DISTRIBUTION TO HUSBAND: In consideration for the conveyances of property set forth herein, HUSBAND shall receive the sum ofSeventy-four Thousand ($74,000.00) Dollars from the aforementioned proceeds of the sale of the Hilton Head property in full settlement and distribution to HUSBAND of his share of the marital estate, as specifically provided for and qualified in Paragraph 15 herein. 18. LIFE INSURANCE: It is further understood and agreed by and between the parties that HUSBAND shall maintain and keep in full force and effect a term life insurance policy upon his life in the amount of One Hundred Twenty Thousand ($120,000.00) Dollars, which is a current employment benefit (OSI-Chambersburg), or One Hundred Thousand ($100,000.00) Dollars in term life insurance in the event that Mr. Jamison's employer no longer provides this life insurance as an employee benefit, wherein the parties' children shall be named as irrevocable beneficiaries until the youngest child reaches twenty-one years of age. WIFE shall have no personal right, title, claim, or interest whatsoever in the said policy but may enforce any rights of the children therein as their parent and natural guardian. 13 ~~ NLJ MJJ 19. BANK ACCOUNTS: The parties agree that the PNC Bank Joint Checking Account #8686 shall become the sole and separate property of Wife. The parties acknowledge that HUSBAND will have no further claim, right, title, or interest in said account and HUSBAND agrees that he will not assert any such claim in the future. HUSBAND and WIFE acknowledge that they each possess additional bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. HUSBAND and WIFE acknowledge that neither party owes the other any sums whatsoever because of previous withdrawals from any joint or separate bank account. 20. REVOCATION OF POWERS OF ATTORNEY: Any Power of Attorney, whether general or specific, at any time heretofore given by HUSBAND to WIFE or WIFE to HUSBAND is hereby revoked effective upon execution of this Agreement. HUSBAND and WIFE agree to irrevocably destroy any such Power of Attorney in their respective possession and to retrieve and destroy, and revoke any Power of Attorney from either party given by HUSBAND or WIFE respectively to any third party. 21. INDIVIDUAL RETIREMENT ACCOUNTS: HUSBAND hereby acknowledges and agrees that WIFE shall retain, as her separate property, free and clear from any claim, right, title, or interest on the part of HUSBAND, her Individual Retirement Accounts. HUSBAND hereby acknowledges that he has no further claim, right, title, or interest whatsoever in the Individual Retirement Accounts of WIFE, and further agrees never to assert any claim to this asset in the future. 14 ~ )_~ NLJ M~ J7') 22. INVESTMENT ACCOUNTS: HUSBAND hereby acknowledges and agrees that WIFE shall retain, as her separate property, free and clear from any claim, right, title, or interest on the part of HUSBAND, any investment account titled in her individual name, including her Wachovia Investment Account. HUSBAND hereby acknowledges that he has no further claim, right, title, or interest whatsoever in these accounts, and further agrees never to assert any claim to the asset in the future. 23. PENSIONS, ANNUITIES, AND/OR RETIREMENT BENEFITS: WIFE agrees that any monies which HUSBAND has acquired through his interest in any pension, 401(k), 403(b), profit sharing, savings and thrift plan, annuity, and/or retirement benefits through his present or past employers, and any increases in value of those assets, shall remain his sole and exclusive property. WIFE agrees to waive any interest she may have in such property and further agrees that she will not assert any such claim in the future. WIFE specifically waives any and all rights to pre-retirement death benefits and survivor benefits under HUSBAND's pension, retirement, or deferred compensation plan. WIFE hereby covenants and agrees that she will execute any spousal waivers that may be required under the Pension Reform Act of 19'74, the Retirement Equity Act of 1984, or any similar Federal or state statute that is now in effect or may be enacted. This paragraph is intended to substitute for any other statement, prepared form, or document which might be required by any plan, fund, trust, administrator, trustee, or similar entity or person, so that HUSBAND may receive said benefits as if he were never married. HUSBAND agrees that any monies which WIFE has acquired through her interests in any pension, 401(k), 403(b), profit sharing, savings and thrift plan, annuity, and/or retirement benefits 15 ~L~ NLJ MJJ c through her present or past employer, and any increases in value of these assets, shall remain her sole and exclusive property. HUSBAND agrees to waive any interest he may have in such property and further agrees that he will not assert any such claim in the future. HUSBAND specifically waives any and all rights to pre-retirement death benefits and survivor benefits under WIFE's pension, retirement, and/or deferred compensation plan. HUSBAND hereby covenants and agrees that he will execute any spousal waivers that may be required under the Pension Reform Act of 1974, the Retirement Equity Act of 1984, or any similar Federal or state statute that is now in effect or may be enacted. This paragraph is intended to substitute for any other statement, prepared form, or document which might be required by any plan, fund, trust, administrator, trustee, or similar entity or person, so that WIFE may receive said benefits as if she were never married. 24. STOCKS: The parties agree that any stocks held in either party's name alone shall remain the sole and exclusive property of that party. 25. INTANGIBLES: Each party shall retain exclusive ownership of any accounts receivable, choses in action, unemployment benefits, workmen's compensation benefits, causes of action, or other intangible types of property which before, now, or hereinafter was/is/are in the name of such party alone, and the other waives and quitclaims any interest therein. 26. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or 16 ~ L~ NLJ MJ c she were unmarried, and the other party hereby waives and quitclaims any right or interest in said income or property. 27. DEBTS: Except as otherwise herein expressly provided, the parties shall and do mutually remise, release, and forever discharge each other from any and all actions, suits, debts, claims, demands, and obligations whatsoever, both in law and in equity, which either of them ever had, now has, or may hereafter have against the other upon or by reason of any matter, cause or thing up to the date of the execution of this Agreement. Further, except as provided herein, any and all loans and/or debts and charge accounts presently in WIFE's name alone shall be WIFE's sole and separate responsibility for payment thereof, and WIFE agrees to indemnify and save harmless HUSBAND from any loss he may sustain, including attorney fees, as a result of any default in payment by WIFE. Except as otherwise provided for herein, any and all loans and/or debts and charge accounts presently in HUSBAND's name alone shall be HUSBAND'S sole and separate responsibility for payment thereof, and HUSBAND agrees to indemnify and save harmless WIFE from any loss she may sustain, including attorney fees, as a result of any default in payment by HUSBAND. 28. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisors or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax 17 N?- NLJ MJ advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 29. PRIOR INCOME TAX RETURNS: The parties have heretofore filed joint Federal and State tax returns. HUSBAND and WIFE agree that in the event any deficiency in Federal or State 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 to the extent and in proportion to the party's individual income which gave rise to the tax, the tax deficiency, or assessment. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined by the taxing authority, by the Court, or by stipulation or admission of the party, 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. 30. PROPERTY TRANSFER TAX LAWS: HUSBAND and WIFE hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. HUSBAND AND WIFE agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 18 n) L-'S NLJ M1~ 31. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to their support and maintenance, past, present, and future. The parties release and discharge the other absolutely and forever for the rest of their lives from all claims and demands, past, present, or future, for alimony or for any provision for spousal support or maintenance, or any form of support or maintenance. Neither party shall receive alimony, spousal support, or maintenance from the other. HUSBAND and WIFE further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, and spousal support. 32. ATTORNEY FEES: Except as otherwise provided elsewhere in this Agreement, each party shall pay their own attorney fees, expenses, and Court costs. And, WIFE agrees to complete all requirements to obtain the divorce and to pay all the Court costs and her own attorney fees therefore, and furthermore, WIFE shall, upon demand, furnish HUSBAND with a praecipe for satisfaction of all costs in any said divorce action. HUSBAND shall execute and provide to WIFE's attorney all affidavits, waivers, or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code at the same time as execution of this Agreement. 33. OTHER ASSETS: The parties hereby agree that as to all assets not specifically mentioned herein of which no disposition has been made and which are presently titled in the sole name of the parties and/or in the sole possession of one of the parties, the party not having title or possession thereof hereby waives, releases, relinquishes and forever abandons any and all claim 19 ~~ NLJ MJJ therein. The parties hereby acknowledge that the party having title or possession of such item or items shall be the sole and exclusive owner thereof. 34. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 35. BANKRUPTCY: The respective duties, covenant, and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued obligations to the other, this Agreement shall continue in force and effect thereafter as to any duties, covenants, and obligations accruing or to be performed thereafter. 36. DUTY TO EFFECTUATE AGREEMENT: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further deeds, titles, registration documents, or other instruments and assurances that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement and vesting full title ownership of property, whether real or personal, in the name of the party to receive such property. In addition, the parties hereto agree that within ten (10) days of the date of submission by the other party, unless otherwise specified herein, either party shall sign any deed, title, or other document necessary for the completion and effectuation of the terms of this Agreement and vesting of legal ownership in the name of the party to receive such property and to promptly deliver same to the other party. Each party agrees to reasonably cooperate with the other so as to fulfill all the terms and provisions hereof, and each agrees to do all affirmative acts reasonably requested of them so as to give the fullest legal effect to this Agreement. Should one party fail to 20 N~.-S NLJ MJJ sign any deed, contract, title document, or other paper as reasonably requested by the other party, or should one party fail to reasonably cooperate with the other so as to give the fullest legal effect to this Agreement, such party failing to sign or refusing to cooperate shall pay the reasonable legal fees and expenses of the other party in any litigation filed to enforce this Agreement. Likewise, should one party breach this Agreement and the other party initiate litigation for damages or specific performance, then the non-defaulting party shall receive reasonable attorney fees and all costs and expenses reasonably incurred in such litigation should the non-defaulting party prevail in proving such non-cooperation or a breach of this Agreement. It is the express intention and agreement of the parties that the non-defaulting party shall be entitled to receive both reasonable attorney fees and costs expended, and also, damages and/or a decree in specific performance, as may be appropriate and requested, to remedy the breach or non- cooperation of the other party. The parties further agree that it is the intention of each that this Agreement maybe enforced by an appropriate decree in specific performance in addition to an award of damages sustained and attorney fees incurred by the non-defaulting party. 37. EQUITABLE DISTRIBUTION: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by HUSBAND and WIFE or either of them during the marriage as contemplated by The Act of December 19, 1990, P.L. 1240, known as "The Divorce Code", 23 Pa.C.S. §3102-3904 of the Commonwealth of Pennsylvania, and specifically, that section 23 Pa.C.S. §3501-3508 addressing the property rights of married people filing for divorce in the Commonwealth of Pennsylvania. 21 N1 "--s NLJ MJJ 38. FINANCIAL DISCLOSURE: 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 and each of the parties specifically waives his or her right to engage in such discovery. Each of the parties further acknowledges that he or she is aware of, and specifically waives, 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 respective parties do hereby warrant that they fully and fairly have disclosed to the other his or her assets and liabilities and acknowledge that this Agreement is based upon the disclosures made to each other and that all property so disclosed is addressed herein. Each party agrees that any right to further disclosure, valuation, 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. The parties hereby acknowledge and agree that the division of the marital assets as set forth in this Agreement is considered fair, reasonable and equitable, and is satisfactory to them. 39. ENTIRE AGREEMENT: This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. 40. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he 22 NLJ MJJ • or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate. Each party will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 41. PARTIAL INVALIDITY: If any provision of this Agreement is held to be void or unenforceable, all the other provisions hereof shall, nevertheless, continue in full force and effect as if the void or unenforceable provisions had never been contained herein. 42. HEADINGS: The headings used in this Agreement are used for administrative purposes only and do not constitute substantive matter to be considered in construing the terms of this Agreement. 43. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 44. PARTIES BOUND: This Agreement is binding on and shall inure to the benefit of the parties hereto and to their respective heirs, executors, administrators, legal representatives, successors, and assigns. 23 N NLJ M J • ,. 45. LAW GOVERNING: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 46. COUNTERPARTS: This Agreement maybe executed in any number of photocopies of the original and each such photocopy shall, for all purposes, be deemed to be an original. Photocopies of the original, including the signature page, shall be deemed to be an original. IN WITNESS WHEREOF, the parties hereto, with the express intent to be legally bound hereby, have hereunto set their hands and seals the date and year first above written. Witness ~J Witness NANCY . JA SON AEL J. J MIS 24 111 ;[ NLJ MJJ " '' 4 COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF CU~Qb~T~/~,1~ N I (~ ) ,~-~- On this, the ~(.S~'' day of ~ib~(~(.~. ~, 2010, before me, a Notary Public, the undersigned officer, personally appeared NAN~~~-L~ JAMISON, known to me or satisfactoril ~ Y proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. U ~~- L ~%~~-----_ Notary Public NOTARIAL SEAL AMANDA L EMERSON Notary Public SUSQUEHANNA TWP, DAUPHIN COUNTY My Commission Expires Jun 2, 2012 rki; ..;.~,•;~;~:,;,, dfz~r' ~ ~':~:' . « .~' ~ ~'A :ro9d:,<<" a~"uJCet•: _ i 4 ~ ~ COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF FRANKLIN ) On this, the y~'day of ~~,t~.gey , 2010, before me, a Notary Public, the undersigned officer, personally appeared MICHAEL J. JAMISON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~~~ Notary Public COMMONWEALTH pF PENNSYLVANIA NOTARIAL SEAL SUSAN K. ROTE, Notary Public Chambersburg Boro., Franklin County My Commission Expires June 24, 2013 .r NANCY L. JAMISON, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYL~AN~ ; ~' -~ .-~ v. :No. 09-2041 - "' ;; .' ,,-, ~ ~, c~a rv MICHAEL J. JAMISON, :IN DIVORCE -- U-' ; ,, T., Defendant ~' ''- ~-~ -- . ~ ,.-~ t -- a, { -- `1 ~ PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: Complaint was served on April 8, 2009, by United States Post Office, certified mail, restricted delivery. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: By Plaintiff on February 4, 2010. By Defendant on February 4, 2010. 4. Related claims pending: None S. Date Plaintiff s Waiver of Notice in §3301 (c) Divorce was filed with the prothonotary: February 18, 2010. Date Defendant's Waiver of Notice in §3301 (c) Divorce was filed with the prothonotary: February 18, 2010. Date: ~ -/S -~ 0 By: D Margar M. Simok Attorney ID No. 89633 Scaringi & Scaringi, P.C. 2000 Linglestown Road; Ste 106 Harrisburg, PA 17110 717-657-7770 ., ~ ; ~ ~ . I:~RY 2010 FEB i S F! !~': ! 3 Ct,~P~ ~:~,~ r ~ i rd i J~~~~ ~~r ~~/~k NANCY L. JAMISON, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :No. 09-2041 MICHAEL J. JAMISON, :IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce Under Section 3301 (c) of the Divorce Code was filed on April 1, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days Have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in 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: ~ ~ p ~/~ Nancy L. amis ,PLAINTIFF " _~::rr ~~~0 E C~ ! ~ ~ ~~~ t ,~ f ~.~v~ ~` ~,~rte i,,,.• NANCY L. JAMISON, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :No. 09-2041 MICHAEL J. JAMISON, :IN DIVORCE Defendant WAIVER OF NOTICE ON 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 unsworn falsifications to authorities. Date: _ 7- c „~,,,,,, `~ ~.~.p ~ p -~ Nancy L. ami o ,PLAINTIFF ~ ~~" ~ _ t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NANCY L. JAMISON, VS. Plaintiff Defendant CIVIL ACTION -LAW MICHAEL J. JAMISON, No. 09-2041 CIVIL TERM DIVORCE AFFIDAVIT OF CONSENT ZB3I0 FED E 8 P~~ i~~ i 8 t .;" ~,~~d ~ , 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on April 1, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety 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. 1 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: February _~, 2010 Michael J. Jamison,~endant - i. .. ~~~? 11.1E ~t f,~ '.w "~e Ir^ Yvy °~~..+Il,,...': i7 E-'11,:/J:1 :~ IN THE COURT OF COMMON PLEAS ~~~ ~~~ ~ ~ ~~_~ ~~: ~ CUMBERLAND COUNTY, PENNSYLVANIA t NANCY L. JAMISON, CIVIL ACTION -LAW Plaintiff VS. No. 09-2041 CIVIL TERM MICHAEL J. JAMISON, . Defendant DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 6 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 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 under- stand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: February ~, 2010 Michael J. Jamison, efendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Nancy L. Jamison V. Michael J. Jamison NO 09-2041 DIVORCE DECREE AND NOW, s~f~ z~ ~~ ~, Z a ~ ~, it is ordered and decreed that Nancy L. Jamison plaintiff, and Michael J. Jamison ,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.") None. The Property Settlement Agreement dated February 4, 2010, shall be incorporated and not merged into this decree. By the Court, st: J. c Prothonotary 3-~•/0 .~~-~. ~p ~~ ~