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Home My WebLink About04-2213I:\Climt Directory\Walker - E\Pleadings\Divorce Con plaint.fon MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff ELIZABETH A. WALKER, Plaintiff V. THOMAS J. WALKER, JR., Defendant May 13, 2004 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - o?U 1,3 Cl uiL,7&L-n 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. 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 Franklin County Courthouse, 157 Lincoln Way East, Chambersburg, Pennsylvania 17201. 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association 100 South Street, P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 I:\Client Directory\Walker - E\Pleadings\Divorce Complaint.frm MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff ELIZABETH A. WALKER, Plaintiff V. THOMAS J. WALKER, JR., Defendant May 13, 2004 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OV -o-IAG CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Elizabeth A. Walker, who has resided at 20 Wineberry Drive, Mechanicsburg, Pennsylvania, for the last eight years. 2. Defendant is Thomas J. Walker, Jr., who has resided at 20 Wineberry Drive, Mechanicsburg, Pennsylvania, for the last eight years. 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. The Plaintiff and Defendant were married on December 14, 1992 in Raleigh, North Carolina. 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. h\Client Directory\Walker - ETleadings\Divorce Complaintfrm May 13, 2004 7. The Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that she 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 children of the parties under the age of eighteen (18) namely: Brianna Walker, born September 9,1993; and Amy Walker, born March 24, 1995. COUNT I - DIVORCE 10. The Plaintiff avers that the grounds on which the action is based are as follows: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the Court enter a decree in divorce. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: May 13, 2004 By: MARIA P. COGN*gl, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, ELIZABETH A. WALKER, 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 unworn verification to authorities. ELIZAATH A. WALKER DATE: _051i:5 Cc) { r -n a -r? i r.? -- Co 0-7o I.\Client Directory\Walker-Eliz\pleadinps Affidavit of Service.wpd MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No.27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff ELIZABETH A. WALKER, Plaintiff V. THOMAS J. WALKER, JR., Defendant May 25, 2004 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2213 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, MARIA P. COGNETTI, do hereby certify that a true and correct copy of the Complaint under Section 3301(c) of the Divorce Code, filed on May 17, 2004, was served upon the Defendant by certified mail, return receipt requested, on May 24, 2004. The original signed return receipt, number 7002 0510 0003 6465 6683, is attached hereto and made a part hereof. MARIA P. COGINETTI & ASSOCIATES Date: 'T- j (0 y Sworn to and subscribed before me this 409 y1day ofJ 2004. By: MARIA WCOG AR TI, ESQUIRE Attorney I.D. No. 2 914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff SENDER: ?/? tb . 1 also wish to receive the • Complete items 1 and/or 2 for "Aff ,2' y?,,folio wipg services (for an • Complete items 3, 4a, and 4b. `Yp( M Print your name and address on the reverse of is rm so that we Cextra e): card to youmay, ¦ Attach this form to the front of the mailpiece, or o . 1. LJ Addressee's Address ern'^ 41 Wdte "Retum Receipt Requested" on the mailpiece be Restricted Delivery • The Return Receipt will show to whom the article was delivered and the date sult postmaster for fee. delivered. °^'^In hl.,mt.°' 3. Article Addressed to:) A. \7 C? t GLIQ?/111 7002 IJ510 0003 6465 6?1 4b. Service Type ? o ?D )i) /lAii.Y. ? Registered E Certified 1 U ,?/gypp Express Mail El insured /.1f• e Return Receipt for Merchandise ? COD r f?5 7. Date of De'vej 5. ecei By: `( tint Al T 8. Addressee's Address (Only i requested ?- lA}C]?.!'/ ?hl? and /e Pn 6 5 0 T . P: Receipt J lzt p L3 ? .C .Ti t '-? Zi ??' fTlj ii _ -?. 'i-. Y'.7 ?? -`1'. I l:.- . n ,i0. . N ?I ? -,?:r ? - \ C? ^ .1? Y..%. ? ?Y .r _ D? N W =i cw 1XIient Directory\Walker-Eliz\pleadings\petition for ex poss.frm April 12, 2005 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attomeys for Plaintiff ELIZABETH A. WALKER, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS J. WALKER, JR., Defendant/Respondent NO. 04-2213 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION FOR INTERIM EXCLUSIVE POSSESSION OF MARITAL RESIDENCE PURSUANT TO PA.C.S.A. §3502 AND NOW, comes Petitioner, Elizabeth A. Walker, by and through her attorney, Maria P. Cognetti, Esquire, and files the following Petition for Exclusive Possession of Marital Residence and in support thereof avers as follows: Petitioner is Elizabeth A. Walker, who has resided at 20 Wineberry Drive, Mechanicsburg, Pennsylvania, for the last eight years. 2. Respondent is Thomas J. Walker, Jr., who has resided at 20 Wineberry Drive, Mechanicsburg, Pennsylvania, for the last eight years. Petitioner and Respondent were married on December 14, 1991 in Raleigh, North Carolina. The parties are the natural parents of two children, namely, Brianna Walker, age 11, born September 9, 1993, and Amy Walker, age 10, born March 24, 1995. Both Brianna and Amy reside with Petitioner and Respondent at the above address. 4. Petitioner filed a Complaint in Divorce on May 17, 2004. hClient Directory\Walker-Eliz\pleadings\petition for ex poss.frrn April l2, 2005 5. The parties are owners, as tenants by the entirety, of the real estate situated at 20 Wineberry Drive, Mechanicsburg, Cumberland County, Pennsylvania ("Marital Residence"). Petitioner and Respondent have lived at the Marital Residence with their children since 1996. 6. Section 3502(c) of the Divorce Code states that, with regard to the equitable division of the family home, "the court may award, during the pendency of the action or otherwise to one, or both of the parties the right to reside in the marital residence." 7. Section 3323(f) of the Divorce Code states that: In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interest of the parties or to effectuate the purposes of this part and may grant such other relief or remedy as equity and justice requires against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause. 8. Respondent has engaged in a course of wrongful conduct which has created an intolerable living situation for Petitioner and the children. Illustrations of such conduct consist of the following: a. Respondent creates horrible tension in the Marital Residence on a daily basis by insisting on discussing the subject of the parties' pending divorce in the presence of the parties' children at meals and other inappropriate occasions. b. Respondent uses loud, angry and punitive language and tone of voice when discussing adult subjects, such as the parties' divorce and his unfounded suspicions of Petitioner's infidelity, in front of the parties' children. Recently, the younger daughter, Amy, has begun to ask Petitioner, "Can't you and C\Client Directory\Walker-Eliz\pleadings\petition for ex poss.fm April 12, 2005 Daddy stop fighting?" C. Respondent makes derogatory and accusatory comments about Petitioner in the Marital Residence, in front of the parties' children, in an attempt to divert their favor away from Petitioner. d. On one occasion, when discussing possible plans for his birthday with his daughters, Respondent suggested, "How about suicide?" On another occasion, the two daughters were playing with a magic set and asked Respondent if he wanted to see a magic trick. He responded, "How about making your mother disappear." e. The parties' older daughter, Brianna, has taken notice of the serious problems in the Marital Residence and has begun acting out behaviorally as a result. f. Respondent has made unwanted sexual advances toward Petitioner causing anxiety to Petitioner and further tension in the Marital Residence. g. Respondent continues to open Petitioner's private and personally addressed mail, though Petitioner has requested many times, verbally and in writing, for Respondent to cease this practice. h. Respondent installed an additional telephone line in the basement of the Marital Residence, with which Respondent has eavesdropped on Petitioner's personal and business calls. Respondent has engaged in the practice of tracking Petitioner's odometer and of following Petitioner from the Marital Residence when Petitioner runs 1XItent Directory\Walker-Eliz\pleadings\petition for ex poss.frm April 12, 2005 errands. Respondent has, at least twice, taken Petitioner's personal and private cell phone and dialed numbers in its log as part of his ongoing intrusive and inappropriate investigation. k. Respondent recently damaged the garage door by ramming it with his car in a display of defiance against Petitioner, leaving Petitioner with the fear that Respondent will further damage the Marital Residence out of scorn. Petitioner has noticed the disappearance of many of personal items from the Marital Residence, for which she finds no possible explanation other than that the items were removed by Respondent. These items include, but are not limited to, Petitioner's gift certificate for free Hilton accommodations, which was located among Petitioner's private papers in Petitioner's private desk, several pieces of Petitioner's private and personal lingerie, and the parties' daughter's lap top computer, which went missing for three weeks but resurfaced when Petitioner warned Respondent of her intention to pursue legal investigation of said missing lap top. in. Removal of the items described above from the Marital Residence, and the unauthorized removal by Respondent of $5000.00 from the parties' joint bank account, has generated a concern for Petitioner that other items may be taken if Respondent continues to have access to Petitioner's personal and private property. I.\Client Directory?Walker-Eliz\pleadings\pctition for ex poss.frm April 12, 2005 n. The tension in the Marital Residence affects Petitioner to a great extent because the Marital Residence is also where Petitioner maintains her full time business office. Petitioner has no escape from the bitterness constantly displayed by Respondent in the Marital Residence. An award of interim exclusive possession of the Marital Residence will enable Petitioner and the children to live in the real estate without fear of interference by Respondent and fear of Respondent removing marital assets and/or Petitioner's personal property. 10. Unless Petitioner is granted interim exclusive possession of the Marital Residence, her emotional health and the emotional health and psychological well-being of her children will be compromised, due to Respondent's erratic behavior and unfounded, accusatory paranoia. It. Petitioner believes, and, therefore, avers, that her emotional well-being and the emotional and psychological well-being of the children will be best served if she is granted interim exclusive possession of the Marital Residence. 12. Petitioner believes, and, therefore, avers, that the aims of the Divorce Code would be best served by awarding Petitioner and the children the right to live in the Marital Residence without intrusion or interference by Respondent. 13. Petitioner has been unable to seek concurrence on this matter by opposing counsel, pursuant to Local Rule 39-206.1, because Respondent apparently has yet to retain counsel. Mlient Directory\Walker-Eliz\pleadings\petition for ex possIm April 12, 2005 WHEREFORE, Petitioner requests this Honorable Court grant her interim exclusive possession of the marital residence until the conclusion of the divorce proceedings. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: April 12, 2005 By: C2G MARIA . C ETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff l:\Client DirectorylWalker-Eliz\pleadings\petition for ex poss. frm April 12, 2005 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Elizabeth A. Walker, do hereby certify that on this date I served the foregoing Petition for Exclusive Possession of Marital Residence by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Thomas J. Walker, Jr. 20 Wineberry Drive Mechanicsburg, Pennsylvania 17055 Date: April 12, 2005 By: MARIA P. COGNETTI & ASSOCIATES MARIA P. ICOG E1 TI, ESQUIRE Attorney 1. D. No. 4 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Elizabeth A. Walker 7 ?, ?, r., o ??> -,-, __ tr ._, x? ,. -,- -,, ,:,,. :. _??,?, i w •, -, -`'; __ ri r. ? c? ; u I:\Client Directory\Walker-Eliz\pleadings\petition for ex poss.frm IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH A. WALKER, Plaintiff/Petitioner V. : NO. 04-2213 CIVIL TERM THOMAS J. WALKER, JR., CIVIL ACTION - LAW Defendant/Respondent IN DIVORCE RULE TO SHOW CAUSE RECEIVED APR 15 2005 April 12, 2005 AND NOW, to wit, this I I _ day of , 2005 upon consideration of Petitioner's Petition for Exclusive Possession of Marital Residence, a Rule is issued upon Respondent to show cause why the relief requested in the foregoing Petition for Exclusive Possession of Marital Residence should not be granted. RULE RETURNABLE WITHIN DAYS OF SERVICE. BY THE COURT, ,cOJ' ba ?d %// cn - >: C,-, cu +::r ??_ ti??:" s V:? V? --? ?L1 ,. j -' ? ??- ?r ?? ?J C? N IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH A. WALKER, Plaintiff/Petitioner NO. 04-2213 V. THOMAS J. WALKER, JR., Defend ant/Respondent CIVIL ACTION-LAW IN DIVORCE AND NOW comes Respondent, Thomas J. Walker, Jr., by and through his counsel, McNees Wallace & Nurick LLC and files the following response to the Petition for Interim Exclusive Possession of Marital Residence and in support thereof, avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. This averment contains a legal conclusion to which no responsive pleading is required. 7. Denied. This averment contains a legal conclusion to which no responsive pleading is required. 8. Denied. It is specifically denied that Respondent has engaged in a course of wrongful conduct which has created an intolerable living situation for Petitioner and the children. a. Denied. It is specifically denied that Respondent discusses the subject of the parties' pending divorce on a daily basis in the presence of the children. The only specific discussion ever heard by the children were those related to family trips which were no longer going to occur given the pending divorce. b. Denied. It is denied that Respondent uses loud, angry and punitive language in the presence of the children. In fact, Petitioner often begins arguments and has insulted and humiliated Respondent in the presence of the children repeatedly. There have been numerous occasions during which the children have told Petitioner to stop yelling and arguing with their father. The statement Petitioner claims Amy made to her shows that Amy believes Petitioner is at least equally responsible for any "fighting." Plainly, Amy wants to keep the family together without fighting. Petitioner's efforts to have the Court aid her in breaking up the family is not consistent with what is best for the children. C. Denied. By way of further answer, Petitioner regularly makes derogatory and accusatory comments to Respondent in the presence of the children. d. Admitted in part and denied in part. It is admitted that Respondent inappropriately suggested, "How about suicide?" in response to a query about his birthday. However, he immediately recognized the inappropriateness of this statement and indicated that it was a joke. Respondent has no recollection that the children were 2 present. At no other times have such comments ever been made. The remainder of this averment is specifically denied. e. Denied. The Petitioner has been seeking a divorce for over a year despite Respondent's efforts to preserve the family unit. The children's behavior has not changed during this course of time. In any event, Respondent denies that his presence in the marital residence is the cause of any such alleged "acting out" by Brianna. f. Denied. Respondent can think of only one occasion when he attempted to kiss his wife which was during a family snowmobile trip. At the completion of the trip, Respondent ran a bath for Petitioner and agreed to wash her hair. Petitioner undressed in front of Respondent and got into the bathtub. She then indicated she did not want Respondent to wash her hair. Respondent left the bathroom. Respondent's attempt to show affection to his Wife plainly is not in any way harmful to the children. Respondent believes the children want an intact family unit. By way of further answer, since the divorce complaint was filed, the parties have continued to take family trips together, including a recent trip to Florida during which the parties shared a hotel room. In addition, Petitioner continues to walk unclothed in the presence of Respondent in an apparent attempt to create a reaction/sexual advance. If Petitioner does not want such attention, perhaps she should examine the appropriateness of her behavior. In any event, these events show that the marriage is not irretrievably broken, that affection remains, and that the Court should not enter an Order that aids Petitioner's efforts to split up the family. 3 g. Denied. It is specifically denied that Respondent has been opening Petitioner's private and personally addressed mail. Respondent does admit to opening Petitioner's American Express bill. However, since Petitioner requested Respondent to stop this practice, he has done so. It should be specifically noted that Petitioner regularly opened Respondent's mail as well. As a result, Respondent now receives his mail at a post office box. In any event, such matters are not a basis for granting one party exclusive possession of the marital residence. h. Admitted in part and denied in part. It is admitted that Respondent installed an additional telephone line in the basement of the marital residence. It is denied that its purpose was to eavesdrop on Petitioner's personal and business calls. This additional line was added because Petitioner talked of moving her home office to the basement. i. Denied. It is denied that Respondent is in the practice of tracking Petitioner's odometer and following Petitioner when she runs errands. Respondent did follow Petitioner to her sister's house on one occasion when she left the home without him, because he expected to accompany her. j. Admitted in part and denied in part. It is admitted on two occasions Respondent attempted to call Petitioner's paramour to speak with him. It is denied that any other attempt was made to contact the paramour or other acquaintances of Petitioner. It is specifically denied that Respondent is engaging in an ongoing, intrusive and inappropriate investigation. 4 k. Admitted in part and denied in part. It is admitted that Respondent recently damaged the garage door. Respondent was in the process of backing out when Petitioner pushed the button to lower the garage door. Respondent did not see that Petitioner had lowered the door and, thus, damaged the door. The accident resulted in one roller on the door breaking and a scratch appearing on the Jeep. This accident was not an attempt to damage property by Respondent. Whether it was Petitioner's intent to cause damage is unknown. Admitted in part, denied in part. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph, and, therefore, the averments are denied. By way of further answer, Petitioner's "private" desk is in the parties' joint office space and is located in the parties' master bedroom. Respondent does have a gift certificate for the Hilton accommodations which were contained in items provided to his counsel. Said certificate shall be returned. By way of further answer, the parties' daughter's laptop computer was utilized by Respondent after Petitioner took Respondent's laptop to IBM to reportedly search the hard drive. The daughter's laptop computer was returned when Respondent's computer was returned to him. Again, had Petitioner not herself engaged in vexatious behavior, removing Respondent's computer, the use of the daughters' laptop would have been unnecessary. M. Admitted in part and denied in part. It is admitted that Respondent removed $5,000.00 from the parties' joint bank account after Petitioner removed all 5 money from the parties' joint account at Wachovia to a private account in her own name. The use/removal of jointly held monies is not inappropriate especially in light of the fact that Petitioner behaved in the same manner. The remainder of the averment is denied. Further, Petitioner can easily secure any personal items she wants to hide from Respondent without any aid from the Court, n. Denied. It is denied that Petitioner maintains her full time business office in the home. Petitioner has a permanent office at the West Chester IBM building and travels to the Mt. Laurel, NJ IBM office between one and three times per week. Petitioner has the option to work at home, but it is not her principal office. By way of further answer, Respondent has recently become employed and is not at the home during his working hours. In any event, Petitioner can easily relocate her "home office" to another residence of her choice if she is so insistent on breaking up the family unit. Denied that there is "bitterness constantly displayed by Respondent in the marital residence." On the contrary, as set forth above, he has attempted to show affection and deal with the situation Petitioner created as best he can, taking into account the best interests of the children. 9. Denied. As set forth above, Petitioner has no basis for fearing that Respondent will remove marital assets or personal property. Further, Petitioner has no reason to "fear" that he will "interfere in any wrongful way with Petitioner's use of the jointly owned marital home." Respondent recently advised Petitioner that he did not intend to consent to the divorce action prior to the expiration of the 2-year separation period. The motivation for the Petition for an Award of Interim Exclusive Possession is 6 an attempt to force Respondent to move forward with this divorce that he does not want, to unfairly separate him from his children and to put him in an unsound financial position solely to achieve Petitioner's self-interested objectives. During the course of this marriage, Respondent served as the primary caretaker of the minor children and worked primarily as a homemaker. Respondent only recently obtained a full time job. Petitioner is aware that an award of interim exclusive possession will cause Respondent immediate financial difficulty, would remove him from the home he desires to retain, would jeopardize his custody of the children, and is an attempt to force him to consent to the entry of a divorce prior to the expiration of the two year period. 10. Denied. Petitioner's allegations amount to no more than the normal strife which arises when parties are going through a divorce that one party does not want and are residing in the same home. In fact, Petitioner equally or to a greater extent engages in the behavior she finds offensive and seems intent on provoking arguments and reactions by Respondent. Certainly, if Petitioner is in such emotional distress, she can relocate from the marital home since she is the primary breadwinner, has sequestered all marital funds, and is in the financial position to do so. Since she wants to force an end to the marriage, and wants one party to leave the residence, she is the one who should leave. Her allegations do not rise to the level necessary to entitle her to the harsh remedy of a Court order forcing Respondent to move out of the marital home he shares with the children and Petitioner. 11. Denied. Petitioner assumes that the grant of exclusive possession vests primary physical custody with her, again demonstrating her true motivations. See also 7 response to averment 10. The best interests of the children will be served by a continuation of the intact family. If Petitioner makes it inevitable that a divorce occurs at some future date, the best interests of the children will be served by Respondent and the children remaining in the marital home. 12. Denied. It is believed and therefore averred that the aims of the Divorce Code would be thwarted by awarding Petitioner possession of the marital home as above described. The Answer to Paragraph 11 is incorporated herein by reference. 13. Admitted. Counsel had not entered an appearance in this matter. Respondent does not concur in this matter. WHEREFORE, Respondent requests this Honorable Court to deny the Petition for Interim Exclusive Possession of the marital residence. Respectfully submitted, MCNEES WALLACE & NURICK LLC Date: 5/10/05 By. , - eniso ,Esquire I.D. #66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 (Fax) Attorney for Respondent 8 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. r• Thomas . Walker, Jr. Dated: ?/?OIOS CERTIFICATE OF SERVICE AND NOW, on this 1i?_ day of `Q , 2005, I, Lynn B. Lowe, Secretary for Debra Denison Cantor, Esquire, hereby certify that I have served a true and correct copy of the within document, via first class mail postage paid as follows: Maria P. Cognetti, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 McNEES WALLACE & NURICK LLC By ?-0V -C?i Lynri B. Lowe, Secretary for Debra Denison Cantor, Esquire I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5229 Attorneys for Respondent 9 - ? C ) : _; - ? ,> = ??? n _ -? r:,:;, i c: c; ?' r . c MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff ELIZABETH A. WALKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-2213 CIVIL TERM THOMAS J. WALKER, JR., CIVIL ACTION - LAW Defendant IN DIVORCE MOTION FOR HEARING AND NOW comes Plaintiff, Elizabeth Walker, by her attorney, Maria P. Cognetti, Esquire, and moves this Court to enter an Order setting the case for hearing and respectfully represents that: 1. Plaintiff is Elizabeth A. Walker, who has resided at 20 Wineberry Drive, Mechanicsburg, Pennsylvania, for the last eight years. 2. Defendant is Thomas J. Walker, Jr., who has resided at 20 Wineberry Drive, Mechanicsburg, Pennsylvania, for the last eight years. 3. Plaintiff and Defendant were married on December 14, 1991 in Raleigh, North Carolina. The parties are the natural parents of two children, namely, Brianna Walker, age 11, born September 9, 1993, and Amy Walker, age 10, born March 24, 1995. Both Brianna and Amy reside with Plaintiff and Defendant at the above address. 4. Plaintiff filed a Complaint in Divorce on May 17, 2004. 5. The parties are owners, as tenants by the entirety, of the real estate situated at 20 Wineberry Drive, Mechanicsburg, Cumberland County, Pennsylvania ("Marital Residence"). Plaintiff and Defendant have lived at the Marital Residence with their children since 1996. 6. Plaintiff filed a Petition for Interim Exclusive Possession of the Marital Residence on April 13, 2005. 7. This Honorable Court, on April 19, 2005, issued a Rule to Show Cause why exclusive possession should not be granted. 8. Defendant filed an Answer to the Petition for Interim Exclusive Possession of the Marital Residence, requesting denial of said Petition, on May 10, 2005. WHEREFORE, Plaintiff respectfully prays this Honorable Court enter an Order setting this matter for a hearing. Date: May 16, 2005 By: Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES MARIA P. CtOGNE`i)TI, ESQUIRE Attorney I.D. No. 2-7914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Plaintiff herein, do hereby certify that on this date I served the foregoing Motion for Hearing, by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Debra Denison Cantor, Esquire MCNEES, WALLACE & NURICK, LLC 100 Pine Street P,O. Box 1166 Harrisburg, PA 17108-1166 MARIA P. COGNETTI & ASSOCIATES Date: May 17, 2005 By: 14 & ASSOCIATES Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hitt, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff ", -.. .,- REC'.U47) MAY 19M-" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH A. WALKER, Plaintiff V. THOMAS J. WALKER, JR., Defendant NO. 04-2213 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this ;)5k1' day of ?M_ N- , 2005, upon consideration of the foregoing Motion for Hearing, filed on behalf of Plaintiff, a hearing is set for the 'Aq{ai day of ,! )(C , 2005, at o'clock A .M., in J Courtroom No. o? located in the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COlJRT: 7 05 J. f CJ `._ .. ? (, i '_ll'. r,?: J-? u_ ??" ?_i:: F-• :_? - L?_ -? ?> ? 3i ?? t..? R I C 1V'I: D C ' 4 44 ELIZABETH A. WALKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-2213 CIVIL TERM THOMAS J. WALKER, JR., CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, TO WIT, this n day of 6"05, it is hereby ORDERED AND DECREED that the attached Stipulation for Exclusive Possession of the Marital Residence is made an Order of this Court and said Stipulation is adopted it its entirety and incorporated herein as an Order of Court. BY THE COURT /i i i /J/ % v 10 _ ? 1--.. C c? C?i c-+ ELIZABETH A. WALKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-2213 CIVIL TERM THOMAS J. WALKER, JR., CIVIL ACTION - LAW Defendant IN DIVORCE STIPULATION FOR CUSTODY AND NOW, this day of , 2005, come Plaintiff, Elizabeth A. Walker, by and through her attorney, Maria P. Cognetti, Esquire, and Defendant, Thomas J. Walker, Jr., by and through his attorney, Debra D. Cantor, Esquire, and hereby enter the following Stipulation for Custody as follows: Plaintiff is Elizabeth A. Walker (hereinafter "Mother"), an adult individual currently residing at 20 Wineberry Drive, Mechanicsburg, Cumberland County, Pennsylvania. Defendant is Thomas J. Walker, Jr. (hereinafter "Father"), an adult individual currently residing at 20 Wineberry Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of two minor children, namely: Brianna Walker, age 12, born September 9,1993; and Amy Walker, age 10, born March 24, 1995. 4. The parties agree to share legal custody of their minor children. All decisions effecting the children's growth and development including, but not limited to: medical and dental treatment; psychiatric or psychological therapy or like treatment; decisions relating to actual or potential litigation involving the children, directly or as a beneficiary, other than custody and litigation; education, both secular and religious; choice of camp, if any; athletic pursuits and extra curricular activities shall be considered major decisions and shall be made by the parties jointly, after discussion and consultation with each other and a view toward obtaining and following a harmonious policy in the children's best interest. 5. Beginning upon Father's relocation from the marital residence, primary physical custody of the minor children shall be shared by the parties as follows: (a) The parties' periods of custody with the children shall alternate weekly with the custodial exchange taking place each Sunday at 8:00 p.m. The first week in the custody cycle shall be with Mother and shall begin the first Sunday following Father's relocation from the marital home. (b) Each party shall be entitled to a mid-week period of custody with the children during the other party's custodial week. Said mid-week period shall begin after work and end at 9:00 p.m. Said period of custody shall take place on Wednesdays unless otherwise agreed upon by the parties. (c) The parties shall share the following holidays: i. Christmas: In odd numbered years, with Mother from 5:00 p.m. on December 24 until December 25 at 2:00 p.m. and with Father from 2:00 p.m. until December 26 at 8:30 p.m. In even numbered years, with Father from 5:00 p.m. on December 24 until December 25 at 2:00 p.m. and with Mother from 2:00 p.m. until December 26 at 8:30 p.m. ii. Thanksgiving: In odd numbered years, with Father from the Wednesday before Thanksgiving at 5:00 p.m. until Thanksgiving Day at 2:00 p.m. and with Mother from 2:00 p.m. Thanksgiving Day until the Friday following Thanksgiving at 5:00 p.m. In even numbered years, with Mother from the Wednesday before Thanksgiving at 5:00 p.m. until Thanksgiving Day at 2:00 p.m. and with Father from 2:00 p.m. Thanksgiving Day until the Friday following Thanksgiving at 5:00 p.m. iii. Easter: In even numbered years, with Mother from 9:00 a.m. until 2:00 p.m. and with Father from 2:00 p.m. until 8:30 p.m. In odd numbered years, with Father from 9:00 a.m. until 2:00 p.m. and with Mother from 2:00 p.m. until 8:30 p.m. (d) The parties shall alternate the following holidays: i. Memorial Day and Labor Day: With Father in even numbered years and with Mother in odd numbered years. ii. July 4th and New Years Day: With Father in odd numbered years and with Mother in even numbered years. iii. All holidays shall begin at 10:00 a.m. and continue through 8:30 p.m. except for the 4th of July which shall conclude after the fireworks. (e) Every Mother's Day with Mother beginning at 10:00 a.m. through 8:30 p.m. Every Father's Day with Father from 10:00 a.m. through 8:30 p.m. (f) Each party shall be entitled to two (2) uninterrupted, non-consecutive weeks of vacation with the children during their summer break from school. Said periods of vacation shall be taken during the party's custodial week and no make- up time shall be given for the other party's midweek visit. (g) Transportation shall be shared by the parties with the party receiving custody being responsible for pick-up. 6. The parties may modify the schedule as set forth above as they may agree to be in the best interest of the minor children, and the parties are encouraged to be flexible in accommodating reasonable requests for scheduled changes. In the event the custodial parent is travelling out of town overnight during his/her custodial period, the non-custodial parent shall be given the right of first refusal for custody with as much notice as possible. 7. The non-custodial parent at any given time shall have reasonable ongoing telephone access to the minor children, and the minor children should not be precluded from telephoning the non-custodial parent at reasonable times. Should the minor children be unavailable to receive a telephone call from the parent, the custodial parent shall be responsible for having the children return the telephone call. 8. Each party shall keep the other advised of a current address and telephone number. 9. Each party shall advise the other promptly of any illness suffered or injury sustained by the minor children. 10. The parties shall communicate directly with each other regarding the minor children, and shall not allow any interference from any third persons. The minor children should not be used as intermediaries. All contact between the parties, whether in person or by telephone, shall be polite, civil and respectful. 11. The parties will not undertake or allow by any other person the poisoning of the children's mind against one of the other parties by conversation which includes any critical, hostile, or condemning language, or any way derogates the other party from extended family members. 12. The parties shall not conduct or permit arguments or heated conversations in the presence or hearing of the minor children. 13. Neither party shall attempt or condone any attempt to directly or indirectly, by any artifice, or subterfuge, whatsoever, to estrange the minor children from the other parent, or to injure or impair the mutual love and affection of the minor children. At all times, each parent shall encourage and foster in the minor children a sincere respect and affection for the other parent, and shall not hamper the natural development of the children's love and respect for the other parent. 14. Each parent shall keep the other advised on an ongoing basis of the schedule of all curricular and extra curricular activities and events in which the minor children is engaged. Both parents shall have the right to attend these activities and events and participate in them to the extent parents are normally allowed or encouraged to do so. During scheduled periods of custody, both parents shall be responsible for the children's attendance at regularly scheduled activities and special events. 15. Each party acknowledges that they have been advised of the legal ramifications of this Stipulation from their respective attorneys, and voluntarily consent to this agreement. 16. It is the intention of the parties that this Stipulation may be entered as an Order of Court, as if a full hearing had been held thereon and enforced pursuant to the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act 23 Pa.C.S. 54. It is agreed that, until subsequent Order of Court of competent jurisdiction, Pennsylvania shall be deemed the home state of the children, and that this Stipulation shall be considered the first custody decree or initial decree concerning said minor children. IN WITNESS WHEREOF, the parties hereto have executed, sealed, and acknowledged this agreement on the day and year above-written. Maria P. qo; Attorney for Debra D. Cantor, Esquire %o Attorney for Defendant Elizabeth A. Walker Plaintiff / .mow. • G1/ /.e'q%G? Thomas J. Wal r, Jr. Defendant _a t `- DEC I Gj 01- ?I ELIZABETH A. WALKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-2213 CIVIL TERM THOMAS J. WALKER, JR., CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this r2V day of , 005, it is hereby ORDERED AND DECREED that the attached Stipulation for Custody is made an Order of this Court and said Stipulation is adopted it its entirety and incorporated herein as an Order of Court. /J/ >: cr ? .. +_ = ?, a- ?? C.7 C>?'; `C ;i_ ?:- --r`; ' !2 .? i 1 C? O '? f?_ ? ? btu , t? c:? -``i p ?=' c.) C+? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: ELIZABETH A. WALKER, Plaintiff V. THOMAS J. WALKER, JR., Defendant NO. 04-2213 Civil Term CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER ELIZABETH A. WALKER, Plaintiff, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. The non-moving party has appeared in the action through her attorney, Debra D. Cantor, Esquire. 3. The statutory ground(s) for divorce are: 23 Pa. C.S.A. Sec. 3301(c). 4. Check the applicable paragraph(s): ( ) The action is not contested. ( ) An agreement has been reached with respect to the following claims: (X) The action is contested with respect to the following claim: division of property. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to the motion: none. Date: July 31, 2006 MARIA . CO TI, ESQUIRE Attorney for Pl ' ' f AND NOW, 2006, Esquire, is appointed master with respect to the following claims: divorce and distribution of property. BY THE COURT: J. MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No.27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No.(717)909-4060 Attorney for Plaintiff ELIZABETH A. WALKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS J. WALKER, JR., Defendant NO. 04-2213 Civil Term CIVIL ACTION - LAW IN DIVORCE INVENTORY AND APPRAISEMENT OF PLAINTIFF, ELIZABETH A. WALKER Plaintiff, Elizabeth A. Walker, files the following Inventory and Appraisement of all property owned or possessed by either party at the date of separation and all property transferred within the preceding three years. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES r Date: July 31, 2006 By: &A I MARIA P. CO TTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemize the assets on the following pages. (X) 1. Real property (X) 2. Motor vehicles (X) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts (X) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( )I0. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( ) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits-severance pay, worker's compensation claim/award ( ) 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryNA benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) (X) 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number Description of Property Name of All Owners 1 Equity in marital home at 20 Wineberry Drive, Mechanicsburg, PA prior to transfer Wife 2 1997 Jeep Grand Cherokee Laredo Husband 2 2002 Dodge Caravan Wife 3 113M Stock 240.512 shares Wife 3 IBM Stock Options (not all vested) Wife 3 Ameritrade Account Husband and Wife 3 Morgan Stanley #410-015902 Husband 3 Morgan Stanley #410-015900 Husband 3 Morgan Stanley #410-015897 Wife 3 Columbia Management #126-1000130501 Wife 3 Vanguard #0085/09958551220 Husband 5 Wachovia Checking #1000191371472 Husband and Wife 5 Members 1st Checking #236974 11 Wife 6 Wachovia Statement Savings #3082276963048 Husband and Wife 6 Wachovia Money Market #1010071690292 Husband and Wife 6 Wachovia #1010019403098 Husband 6 Members 1st Savings #236974 00 Wife 6 Members 1st Vacation Club #2236974 03 Wife 9 Group Universal Life #A28064-G Wife 9 Kansas City Life #2523733 Husband 18 IBM Personal Pension Plan (Marital portion) Wife 19 IBM Tax Deferred Savings Plan (Marital portion) Wife 25 Household goods and personalty Husband and Wife 26 2004 Federal Tax Refund Husband and Wife NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Number Description of Property Reason for Exclusion 1 20 Wineberry Drive, Mechanicsburg, PA Transferred pursuant to agreement of the parties 3 Children's Savings Bonds For the children 6 Fidelity Savings for Brianna For the children 6 Fidelity Savings for Amy For the children 6 College Savings Iowa for Brianna For the children 6 College Savings Iowa for Amy For the children 6 Members 1 st Savings for Brianna For the children 6 Members 1 st Savings for Amy For the children 18 113M Personal Pension Plan Premarital 19 IBM Tax Deferred Savings Plan Premarital PROPERTY TRANSFERRED Item Description of Date of Person to Consideration Number Property Transfer Whom Transferred 1 20 Wineberry Drive, 9/23/05 From Husband $65,000.00 to Mechanicsburg, PA and Wife to Wife Husband 26 F$3,000.00 Cash 11/04 From Wife to None Husband 5 LIABILITIES Description of Property Names of All Creditors Names of All Debtors Line of Credit #74972015582076 Wachovia Husband and Wife Credit Card #4155 3722 2236 9744 Visa Husband and Wife Credit Card #6035 3201 6297 6094 Home Depot Husband and Wife Credit Card #000817001900590 Talbots Husband and Wife Credit Card #4264 2967 5515 4793 AAA Husband and Wife Credit Card #4264 2967 5583 9963 AAA Husband and Wife Credit Card #4059 0529 1122 0103 Mellon (now Citi) Husband and Wife Credit Card #3714 0036 2362 009 American Express Husband and Wife Line of Credit #4003 048109468710 PNC Husband and Wife Mortgage on Marital home (before refi) American Express Bank Husband and Wife Debt for March 2005 trip Walt Disney World Husband and Wife C7 .?? ? -. T r ? ?r,??! r ? .. y; ? _ a _.? Q ?- ;:?i _, _- ' rr. ? MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff ELIZABETH A. WALKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS J. WALKER, JR., Defendant NO. 04-2213 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT ELIZABETH A. WALKER The following is the Income and Expense Statement submitted by Elizabeth A. Walker, Plaintiff, herein, for filing in the above-captioned divorce. Date: July 31, 2006 By: Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES MARIA P. C9C iETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff INCOME AND EXPENSE STATEMENT OF ELIZABETH A. WALKER Employer: IBM Co_pr oration Address: 2020 Technology Drive Mechanicsburg, PA 17050 Type of Work: Service Manager Payroll Number: Emglovee #019847 Pay Period (weekly, biweekly, etc.): 2 times a month AVERAGE GROSS PAY PER MONTH: $9,750.00 Itemized Payroll Deductions: Federal Withholding: $1,675.98 Social Security: $590.70 Medicare: $138.16 Local Wage Tax: $151.86 State Income Tax: $291.38 Unemployment Tax: $8.92 Retirement: $585.00 Support Order: $2,475.00 Life Insurance: $53.92 Health Insurance: $403.00 Other: Chanty - Cleft Palate $20.00 AVERAGE NET PAY PER MONTH: $3,356.08 OTHER INCOME: WEEK MONTH YEAR Interest $9.05 Dividends $34.10 Pension Annuity Social Security Rents Royalties Expense Account Unemployment Comp. Workmen's Comp. TOTAL OTHER INCOME: $43.15 TOTAL MONTHLY NET INCOME: $3,399.23 HOME: WEEKLY MONTHLY YEARLY Mortgage $1,441.52 Maintenance $53.00 Repairs $25.00 UTILITIES: Electric $130.83 Gas $23.13 Internet $85.61 Telephone $76.65 Water $40.97 Sewer $33.00 Trash $35.00 EMPLOYMENT: Public Transportation Lunch $64.00 TAXES: Real Estate $201.05 City $42.07 Income INSURANCE: Homeowners $29.66 Automobile $81.50 Life Accident Health WEEKLY MONTHLY YEARLY Other AUTOMOBILE: Payments Fuel $140.00 Repairs $50.00 Maintenance $67.21 Licenses $2.92 Registration $2.92 Auto Club $5.83 MEDICAL: Doctor $15.00 Dentist $10.00 Orthodontist $88.89 Hospital Medicine $3.33 Special needs (glasses, braces, orthopedic devices) $25.00 EDUCATION: Private school Parochial school College Religious School lunches WEEKLY MONTHLY $51.75 YEARLY Books/misc. PERSONAL: Clothing $150.00 Food $400.00 Barber/hairdresser $50.00 Personal care $25.00 Laundry/dry cleaning $20.00 Hobbies $75.00 Memberships $63.32 CREDIT PAYMENTS: Credit card $600.00 Charge account LOANS OR DEBTS: Credit Union MISCELLANEOUS: Household help Child care Camp $33.33 Pet expense $16.66 Papers/books/ magazines $30.00 Entertainment $100.00 Pay TV $20.00 Vacation $500.00 Gifts WEEKLY MONTHLY $208.00 YEARLY Legal fees $578.00 Charitable Contributions $33.00 Religious Memberships $125.00 Children's Allowances $95.33 Alimony payments Lessons for Children OTHER: Girls College Fund VanGuard Fund Health Club $35.00 TOTAL EXPENSES $5,983.48 r-? i? ?% ? ? ?.? t ' ? r .-^ .. %.1 „-, r_ I RECEIVED AUG 0 2 200 Y COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: ELIZABETH A. WALKER, Plaintiff V. THOMAS J. WALKER, JR., Defendant : NO. 04-2213 Civil Term CIVIL ACTION -LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER ELIZABETH A. WALKER, Plaintiff, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. The non-moving party has appeared in the action through her attorney, Debra D. Cantor, Esquire. 3. The statutory ground(s) for divorce are: 23 Pa. C.S.A. Sec. 3301(c). 4. Check the applicable paragraph(s): ( ) The action is not contested. ( ) An agreement has been reached with respect to the following claims: (X) The action is contested with respect to the following claim: division of property. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to the motion: none. Date: July 31, 2006 ./&J& 3, MARIA . CO TI, ESQUIRE Attorney for Pl.' ' f AND NOW, 7 2006, ?wEsquire, is appointed master with respect to the folio ng claims: divorce and distribution of property. BY COURT: ?? G J. N ? } }ue ' z ?? ai 0 N 0 .s ELIZABETH A. WALKER, Plaintiff/Respondent V. THOMAS J. WALKER, JR., Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2213 CIVIL ACTION-LAW IN DIVORCE PETITION RAISING CLAIMS PURSUANT TO RULE 1920.15 AND NOW, comes Defendant, Thomas J. Walker, Jr., by and through his counsel, McNees Wallace & Nurick LLC, and raises the following claims: 1. ALIMONY, ALIMONY PENDENTE LITE, AND COUNSEL FEES AND COSTS 1. Defendant lacks sufficient property to provide for his reasonable needs. 2. Defendant is unable to sufficiently support himself through appropriate employment. 3. Plaintiff has sufficient income and assets to provide continuing support for the Defendant. 4. By reason of this action, Defendant will be put to considerable expense in the preparation of his case in the employment of counsel and the payment of costs. 5. The Defendant is without sufficient funds to support himself and to meet the costs and expenses of this litigation and is unable to appropriately maintain himself during the pendency of this action. 6. Defendant's income is not sufficient to provide for his reasonable needs and pay his attorney's fees and the costs of this litigation. 7. Plaintiff has adequate earnings to provide for the Defendant's support and to pay his counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests the Court enter an order Granting him alimony, alimony pendente lite, and counsels' fees and costs. Respectfully submitted, McNEES WALLACE & NURICK LLC By . br Denis C ntor I. . #66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 (Fax) Attorney for Defendant/Petitioner Dated: August 2006 CERTIFICATE OF SERVICE AND NOW, on this day of August, 2006, I, hereby certify that I have served a true and correct copy of the within document, via first class mail postage paid as follows: Maria P. Cognetti, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 YD ra D antor 0 b W r=l 5.? J s v w f? I I:\Climt Directory\Walker-Eliz\pleadings\Divome Pleadings\Amended Divorce Complaint.frm July 31, 2006 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff ELIZABETH A. WALKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS J. WALKER, JR., Defendant NO. 04-2213 CIVIL TERM 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 of other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors its available in the office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 IAChent Drectory\Walker-Eliz\plwdings\Divome Pleadings\Amended Divorce Complaint.frm MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff ELIZABETH A. WALKER, Plaintiff July 31, 2006 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS J. WALKER, JR., Defendant NO. 04-2213 CIVIL TERM CIVIL ACTION LAW IN DIVORCE AMENDED COMPLAINT UNDER SECTIQN 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Elizabeth A. Walker, who currently resides at 20 Wineberry Drive, Mechanicsburg, Pennsylvania. 2. Defendant is Thomas J. Walker, Jr., who currently resides at 432 Stonehedge Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 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. The Plaintiff and Defendant were married on December 14, 1992 in Raleigh, North Carolina. There have been no prior actions of divorce or for annulment between the parties. IAClient D rmtDry\Walka-Ehz\pleadings\Divome Pleadinp\Am nded Divoroe Complaint.frm July 31, 2006 Neither of the parties in this action is presently a member of the Armed Forces. The Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that she 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 children of the pasties under the age of eighteen (18) namely: Brianna Walker, born September 9,1993; and Amy Walker, born March 24, 1995. COUNT I - DIVORCE 10. The Plaintiff avers that the ground on which the action is based is 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. WHEREFORE, Plaintiff requests this Honorable Court: a. Enter a decree of divorce; b. Equitably distribute all property, both personal and real, owned by the parties; lAClient Directory\Walker-Eliz\pleadings\Divorce Pleadings\Amended Divorce Complaint.frm July 31, 2006 c. Grant such further relief as the Court may deem equitable and just. Respectfully Submitted: MARIA P, COGNETT I & ASSOCIATES Date: July 31, 2006 By: MARIA PGNETTI, ESQUIRE Attorney I. o. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, ELIZABETH A. WALKER, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my informajtion, 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 verification to authorities. ELIZA TH A. WALKER DATE:--?I-d? O c, ? d ?- A ?? -?,-? ?''T? ?? q?., d ??, `V ? -? cn }?, O ,.: --,. ? ?= ? Q MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No.27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff ELIZABETH A. WALKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS J. WALKER, JR., Defendant : NO. 04-2213 Civil Term CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT Plaintiff, Elizabeth A. Walker, by and through her attorney, Maria P. Cognetti, Esquire, files the following Pre-Trial Statement: TABLE OF CONTENTS I. Background Information H. Listing of Marital Assets and Debts III. Listing of Personal Property IV. Listing of Non-Marital Assets V. Pensions VI. Income and Expenses VII. Counsel Fees and Costs VIII. Expert Witnesses IX. Non-Expert Witnesses X. Listing of Proposed Exhibits XI. Proposed Resolution I. BACKGROUND INFORMATION A. PARTIES HUSBAND NAME Thomas J. Walker, Jr. ADDRESS 432 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania AGE 47 DATE OF BIRTH March 20, 1959 PLACE OF BIRTH Johnstown, PA SOCIAL SECURITY NUMBER 193-50-0313 HEALTH Good EMPLOYER Intellimark OCCUPATION P.C. Technician LENGTH OF RESIDENCY IN PA Approximately 47 years EDUCATIONAL BACKGROUND High School with post secondary training in electronics WIFE NAME Elizabeth A. Walker ADDRESS 20 Wineberry Drive, Mechanicsburg, Cumberland County, Pennsylvania AGE 45 DATE OF BIRTH February 28, 1961 PLACE OF BIRTH Poughkeepsie, New York SOCIAL SECURITY NUMBER 146-62-1365 HEALTH Good EMPLOYER IBM OCCUPATION Service Delivery Executive LENGTH OF RESIDENCY IN PA 20 years EDUCATIONAL BACKGROUND College B. CHILDREN NAME AGE DATE OF BIRTH CUSTODIAN Brianna Walker 13 September 9, 1993 Shared Amy Walker 11 March 24, 1995 Shared C. MARRIAGE INFORMATION DATE OF MARRIAGE December 14, 1991 PLACE OF MARRIAGE Raleigh, North Carolina DATE OF SEPARATION March 17, 2004 CIRCUMSTANCES OF SEPARATION Irretrievable breakdown D. PRIOR MARRIAGE WIFE None HUSBAND None E. CHILDREN OF OTHER RELATIONSHIPS/MARRIAGES WIFE None HUSBAND None F. PROCEEDINGS INFORMATION DATE ACTION COMMENCED 5/17/04 DATE OF SERVICE OF COMPLAINT 5/25/04 MANNER OF SERVICE OF COMPLAINT Certified Mail ISSUES RAISED IN DIVORCE COMPLAINT Divorce DATE AMENDED COMPLAINT FILED 8/10/06 ISSUES RAISED IN AMENDED COMPLAINT Divorce and Equitable Distribution DATE OF FILING OF ANSWER Husband raised claim for Alimony, AND/OR COUNTERCLAIM Alimony Pendente Lite and Counsel Fees and Costs by way of Petition filed on or about August 3, 2006 ISSUES RAISED IN COUNTERCLAIM See above BIFURCATION N/A PREVIOUSLY RESOLVED ISSUES N/A II. MARITAL ASSETS AND DEBTS The following is a listing of the marital assets and debts of the parties: ITEM DESCRIPTION TOTAL H W COMMENTS NO. VALUE 1. Real Estate LA Equity in marital home at 20 $94,733.00 X X Home was refinanced by Wife Wineberry Drive, and Husband received Mechanicsburg, PA prior to $65,000. transfer 2. Vehicles 2.A 1997 Jeep Grand Cherokee $5,010.00 X Kelley Blue Book Laredo 2.B 2002 Dodge Caravan $11,845.00 X Kelley Blue Book 3. Stocks and Investment Accounts 3.A IBM Stock 240.512 shares $19,676.29 X Stock trading at $81.81/share on 9/19/06 3.B IBM Stock Options (not all $11,196.00 X Stock trading at $81.81/share vested) on 9/19/06 100 shares at $83.88/share - no value; 950 shares at $113.34/share - no value; 900 shares at $69.37/share = $11,196.00 3.C Ameritrade Account $1,303.00 X 6/30/06 3.D Morgan Stanley #410- $17,018.04 X 8/31/06 015902 ITEM DESCRIPTION TOTAL H W COMMENTS NO. VALUE 3.E Morgan Stanley 4410- $832.46 X 8/31/06 015900 3.F Morgan Stanley #410- $832.59 X 3131/06 015897 3.G Vanguard $16,910.07 X X 3/31/06 #0085/09958551220 3.1-1 Columbia Management $1,116.53 X 3/31/06 #126-1000130501 4. ,t $atxk A#;rr t n, , 4.A Wachovia Checking $237.27 X X 16/14/04 #1000191371472 43 Members 1st Checking $1,901.56 X 5/31/04 #236974 11 4.C Wachovia Statement $540.53 X X 6/14/04 Savings #3082276963048 4.1) Wachovia Money Market $111.32 X X 6/14/04 #1010071690292 4.E Wachovia Checking $41.50 X 6/14/04 #1010019403098 41 Members 1st Savings $8,583.62 X 5/31/04 #236974 00 4.G Members 1st Vacation Club $0.00 X X Closed prior to sepration #2236974 03 '?. .' 'Life lnsurancY,ILL' 5.A Group Universal Life $391.56 X 3/31/06 #A28064-G 53 Kansas City Life #2523733 $3,921.32 X 6/13/06 6. Retirement Accounts . 6.A IBM Personal Pension Plan $115,307.41 X $125,832.71 as of 3/31/06. (Marital portion) Premarital value $10,525.30. 63 IBM Tax Deferred Savings $222,616.83 X $272,247.93 as of 3/31/06. Plan (Marital portion) :Premarital value $13,982.96. ITEM DESCRIPTION TOTAL H W COMMENTS NO. VALUE 7. scel an?ous r 7.A Household goods X X Already divided in kind. 7.B 2005 Tax Return $5,000.00 X 7.C Advance distribution to H $3,000.00 X 11/04 from W S. Debts 8.A Mortgage on Marital Home $95,266.61 X X Balance as of the date of Wife's refinance. 8.B Visa Credit Card $3,147.33 X X 1/2/04 #4155 3722 2236 9744 8.C AAA Credit Card $2,560.94 X X 1/28/04 #4264 2967 5515 4793 8.D American Express 3714 $5,697.76 X X 9/1/04 003623 62009 8.E Mellon (Citi) Credit Card $1,538.47 X X 1/20/04 #4059 0529 1122 0103 8.F Debt for March 2005 Walt $3,500.00 X 3/05. Paid entirely by Wife. Disney World trip III. LISTING OF PERSONAL PROPERTY ITEMS RETAINED BY WIFE DESCRIPTION VALUE Parties have divided their personal property. ITEMS RETAINED BY HUSBAND DESCRIPTION VALUE Parties have divided their personal property. IV. LISTING OF NON-MARITAL PROPERTY The following is a listing of the non-marital assets of the parties: No. Description Basis of Exclusion Owner 1. 20 Wineberry Drive, Mechanicsburg, PA Previously distributed Wife 2. Children's Savings Bonds For children 3. Fidelity Savings for Brianna For children 4. Fidelity Savings for Amy For children 5. College Savings Iowa for Brianna For children 6. College Savings Iowa for Amy For children 7. Members 1st Savings for Brianna For children 8. Members 1 st Savings for Amy For children 9. IBM Personal Pension Plan Premarital and post separation contributions Wife 10. IBM Tax Deferred Savings Plan Premarital and post separation contributions Wife V. PENSIONS The following is a listing of the pensions of the parties: PARTY I DESCRIPTION I Husband I Husband has no pension. I Wife Wife's Pension with IBM is detailed above. VI. INCOME AND EXPENSES The following is a listing of the income and expenses of the parties: PARTY DESCRIPTION AMOUNT Husband Gross Monthly Income $2,600.00 Net Monthly Income $2,120.00 Monthly Expenses $1,666.00 Wife Gross Monthly Income $9,750.00 Net Monthly Income $3,356.08 Monthly Expenses $5,983.48 VII. COUNSEL FEES The following is a listing of the counsel fees and expenses incurred, or to be incurred by the parties: PARTY DESCRIPTION DATES AMOUNT Husband Counsel Fees Unknown Costs Unknown Anticipated Fees and Costs Unknown Wife Counsel Fees Costs Anticipated Fees and Costs VIII. EXPERT WITNESSES The following is a listing of the anticipated experts who will be called to testify in this case: NAME SUBJECT TO TESTIMONY A Real Estate Appraiser Value of the marital home. A Pension Appraiser Value of Wife's pension. Additional experts who may be called to testify are not known at this time. If such additional experts are retained, Plaintiff reserves the right to call them as witnesses upon proper notification to Defendant. IX. NON-EXPERT WITNESSES NAME SUBJECT OF TESTIMONY Elizabeth A. Walker History of the marriage; identification and valuation of marital assets and debts; other relevant testimony relating to the factors set forth in the Divorce Code. Thomas J. Walker, Jr., as of cross History of the marriage; identification and valuation of marital assets and debts; other relevant testimony relating to the factors set forth in the Divorce Code. Additional witnesses who may be called to testify are not known at this time. If such additional witnesses are identified, Plaintiff reserves the right to call them as witnesses upon proper notification to Defendant. X. LISTING OF PROPOSED EXHIBITS The following is a listing of Exhibits which are anticipated to be submitted at the hearing in this case: NO. DESCRIPTION 1 Appraisal of the marital home. 2 Statements for all bank accounts. 3 Statement for and appraisal of the value of Wife's pension. 4 Statements for all investment and retirement accounts. 5 Statements of Kelley Blue Book values on the parties' vehicles. 6 Documentation of Wife's current income. 7 Documentation of Husband's current income. 8 Documentation of all marital debts. 9 Parties' tax returns for 2005 with all attachments and schedules. 10 Parties' income and expense statements. If additional exhibits are identified, Plaintiff reserves the right to submit additional Exhibits upon proper notification to Defendant. XI. PROPOSED RESOLUTION A. EQUITABLE DISTRIBUTION: 60/40 split of marital assets in favor of Wife. B. ALIMONY: No post-divorce alimony. C. COUNSEL FEES AND COSTS: Each party to pay their own counsel fees and costs. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES s /O? J Date: By: MARIA . C G TTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Elizabeth A. Walker, do hereby certify that on this date I served the foregoing Pretrial Statement by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Debra Denison Cantor, Esquire McNEES, WALLACE & NURICK, LL C. 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108-1166 MARIA P. COGNETTI & ASSOCIATES Date: September 26, 2006 By: MARIAY. COEYETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Elizabeth A. Walker C? ??.? ?` ? ? ?-. ? c? r?..F Z `t? rn ?? r rv ?;-, ?-, -, r-'„ ? U tT` .?\ CJ ?? ? ELIZABETH A. WALKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-2213 Civil Term THOMAS J. WALKER, JR., CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 17, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the 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 or expenses if I do not claim them before the 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. §4904 relating to unsworn taisification to authorities. Date: `?/•2/ 7 Elizabet A. Walker ^' - cl r 1 co ELIZABETH A. WALKER, Plaintiff V. THOMAS J. WALKER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2213 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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 falsification to authorities. DATE: a lo 7 E izabe A. Walker r-? ELIZABETH A. WALKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04 - 2213 CIVIL THOMAS J. WALKER, JR., Defendant IN DIVORCE ORDER OF COURT AND NOW, this Jq? day of 2007, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated March 29, 2007, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, 1 (-A U Edga B yley, P J. cc: „P4faria P. Cognetti Attorney for Plaintiff .ebra A. Denison Cantor Attorney for Defendant ° -' ?' ? ? ?? , ? ' ? u? ' _ arc; ?^ ?.%:; ,, ?-- ? c_a EJ y ? 4 1 PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made thisol9-//- day of _ ' , 2007, by and between ELIZABETH A. WALKER, of 20 Wineberry Drive, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and THOMAS J. WALKER, JR., of 469 Nursery Drive North, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on December 14, 1991, in Raleigh, North Carolina; and WHEREAS, two (2) children have been born of this marriage, namely, Brianna Walker, born September 9, 1993; and Amy Walker, born March 24, 1995; 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. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt 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: 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. 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 2 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 may be 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. 04-2213, 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 and 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 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 "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4 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. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim 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 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; Maria P. Cognetti, Esquire, for WIFE and Debra Denison Cantor, 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. 6 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 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 may be 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. DEBT OF THE PARTIES: HUSBAND hereby indemnifies WIFE against, and agrees to assume sole liability and responsibility for, all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself, except as provided herein. HUSBAND shall not and will not hereafter incur or cause to be incurred for the benefit of himself, except as provided for herein, any debts, obligations or liabilities of any nature 7 whatsoever, whether for necessaries or otherwise, upon the credit of WIFE. WIFE hereby indemnifies HUSBAND against, and agrees to assume sole liability and responsibility for, all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit or herself, except as provided for herein. WIFE shall not and will not hereafter incur or cause to be incurred for the benefit of herself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of HUSBAND. 13. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby specifically 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, and which shall become the sole and separate property of the other from the date of execution hereof. 14. DIVISION OF REAL PROPERTY: WIFE is currently the owner of real property situated at 20 Wineberry Drive, Mechanicsburg, Cumberland County, Pennsylvania. Said property was previously transferred from HUSBAND and WIFE as tenants by the entireties, to 8 WIFE, by way of a quitclaim deed, as per the terms of the parties' Stipulation for Exclusive Possession which was entered as an Order of Court on October 17, 2005. A true and correct copy of said Stipulation is attached hereto, made a part hereof and marked Exhibit "A." At the time of said transfer WIFE refinanced the mortgage on the property removing HUSBAND'S name therefrom and paid to HUSBAND the sum of SIXTY FIVE THOUSAND and 00/100 ($65,000.00) Dollars. In exchange for the mutual promises contained herein, HUSBAND waives any further claim, right, interest or title whatsoever in said property and agrees never to assert any claim to said property in the future. 15. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess certain 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. 16. STOCKS: WIFE is currently the owner of 290 shares of IBM stock. In consideration of the mutual promises contained herein, WIFE agrees to transfer all 290 shares of said stock to HUSBAND. Said transfer shall be effectuated as soon as possible after the signing of this Agreement. IF HUSBAND should choose to sell said stock then he shall be solely responsible for any and all tax liability resulting from said sale. 17. STOCK OPTIONS: WIFE is currently the owner of 2,950 IBM stock options, 950 of which were "under water" as of the date of the signing of this Agreement. WIFE agrees that all said stock options shall be retained by her and used only for the benefit of the children including, but not limited to, college and educational expenses. WIFE shall provide HUSBAND 9 6107-1 ills ? with yearly statements to prove that the have not been exercised without his knowledge. WIFE shall give HUSBAND notice prior to her exercising said options and shall inform HUSBAND of how she intends to utilize the proceeds from said exercise. HUSBAND shall not oppose any use of the proceeds for the reasonable benefit of the children. Any unexercised options that remain after the children have completed their college education shall be divided equally by the parties or shall be designated for their children. 18. CHILDREN'S SAVINGS ACCOUNTS AND SAVINGS BONDS: HUSBAND and WIFE acknowledge that WIFE is the custodian of the following accounts being held for the parties' children: Fidelity Investments UTMA PA Account #2BB-323888 for Brianna; Fidelity Investments UTMA PA Account #2BB-323896 for Amy; College Savings Iowa 529 Account #420030237-02 for Brianna; College Savings Iowa 529 Account #420030237-01 for Amy; Members 1st Savings Account #236980 for Brianna; and Members 1st Savings Account #236982, for Amy. In addition WIFE is in possession of various US Savings Bonds in the children's names. The parties agree that these accounts and bonds shall continue to be controlled by WIFE to be utilized for the children's education. WIFE shall give HUSBAND notice prior to her exercising said savings accounts and bonds and shall inform HUSBAND of how she intends to utilize the proceeds from said exercise. HUSBAND shall not oppose any use of the proceeds for the reasonable benefit of the children. Any unexercised savings accounts and bonds that remain after the children have completed their college education shall be divided equally by the parties or shall be designated for their children. 10 19. DISTRIBUTION OF 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 Morgan Stanley Roth IRA #410-015897 and her Columbia Management SEP IRA #126- 100013050. 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 the assets in the future. WIFE hereby acknowledges and agrees that HUSBAND shall retain, as his separate property, free and clear from any claim, right, title or interest on the part of WIFE, his Morgan Stanley IRA #410-015902 and his Morgan Stanley IRA #410-015900. WIFE hereby acknowledges that she has no further claim, right, title or interest whatsoever in the Individual Retirement Accounts of HUSBAND, and further agrees never to assert any claim to the assets in the future. 20. JOINT VANGUARD STOCK MARKET INDEX FUND: The parties are currently the joint owners of a Vanguard Stock Market Index Fund # 09958551220, which had a value of $17,318.00 on September 30, 2006. The parties agree that said Index Fund shall be divided between them with WIFE receiving $6,000.00 and the remainder of said account becoming the sole and exclusive property of HUSBAND. The parties agree to execute the Vanguard Change of Ownership of Nonretirement Shares form, simultaneously with this Agreement, to effectuate the transfer of said funds. WIFE agrees to waive any interest she may have in the remainder of the Index Fund and further agrees that she will not assert any such claim in the future. 11 21. JOINT AMERITRADE ACCOUNT: The parties are currently the joint owners of an Ameritrade Account #173-833393. The parties agree that said Account shall become the sole and exclusive property of HUSBAND. WIFE agrees to execute any documents necessary to effectuate the transfer of said Account into HUSBAND's name alone. WIFE agrees to waive any interest she may have in said Account and further agrees that she will not assert any such claim in the future. 22. IBM PERSONAL PENSION PLAN: WIFE is currently a participant in the IBM Personal Pension Plan. HUSBAND agrees that any monies which WIFE has acquired through her interests in said IBM Pension Plan 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. 23. IBM 401(k) PLAN: WIFE is currently the owner of a 401(k) plan with IBM. WIFE agrees to transfer a total of ONE HUNDRED SEVENTY-FOUR THOUSAND SIX HUNDRED FIFTY-SEVEN and 00/100 ($174,657.00) Dollars to HUSBAND from her IBM 401(k). The parties agree that the transfer to HUSBAND shall be effectuated pursuant to a Qualified Domestic Relations Order (as that term is defined by the Internal Revenue Code and ERISA, hereinafter "QDRO"). The parties agree to employ Harry M. Leister, Jr. of Conrad Siegel Actuaries to prepare said QDRO and to share equally in the cost of such preparation. The form of the order shall be set forth in a stipulation which shall be signed by both parties, subject to the prior approval of their respective counsel and the plan administrator, and entered as an Order of Court. The parties shall cooperate in the transfer of the funds by executing any and all documents necessary to effectuate same. WIFE shall not remove or transfer any funds from said 12 plan until the transfer to HUSBAND has been completed. HUSBAND agrees to waive any interest he may have in the remainder of the funds from said 401(k) plans. HUSBAND hereby acknowledges that he has no further claim, right, title or interest whatsoever in the 401(k) plans of WIFE, and further agrees never to assert any claim to the assets in the future. 24. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The 1997 Jeep Grand Cherokee Laredo shall be and remain the sole and exclusive property of HUSBAND. (b) The 2002 Dodge Caravan shall be and remain the sole and exclusive property of WIFE. 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. 25. 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 she were unmarried. 13 26. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT AND CHILD SUPPORT: There is currently an Order for child and spousal support in effect through the Domestic Relations Section of Cumberland County, docketed to 00941 S 2005. It is the parties' intention that the current Order of Court remain open with regard to the payment of child support and that the current spousal support be terminated effective February 1, 2007. Further, the parties intend that said spousal support be converted to alimony, and that payments continue to be made through the Pennsylvania State Collections and Disbursement Unit (PASCDU) in the amount of ONE THOUSAND ONE HUNDRED FORTY-THREE and 17/100 ($1,143.17) DOLLARS. Said alimony shall continue from February 1, 2007 for a period of two (2) years thereafter. This payment is intended to be included in HUSBAND's income and deducted from WIFE's gross income pursuant to federal tax laws. HUSBAND agrees that all of the said payments shall be included as income of HUSBAND in his applicable tax return and he shall pay such taxes as may be required by reason of such inclusion. The parties further agree that they specifically intend this amount to be non- modifiable by either party. Said alimony shall terminate prior to the expiration of said two year period only upon the death of either party, upon WIFE's disability, or upon HUSBAND's remarriage or cohabitation with an unrelated member of the same or opposite sex. The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all further claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support and counsel fees, except as specifically provided for herein. 14 27. LIFE INSURANCE: HUSBAND and WIFE acknowledge that HUSBAND possesses a whole life insurance policy with Kansas City Life #2523733 and WIFE possesses a whole life insurance policy with Group Universal Life #A28064. The parties hereby agree that each shall become sole owner of their respective policies and they each hereby waive any interest in, or claim to, the value of the other's policy. 28. HEALTH INSURANCE - CHILDREN: WIFE shall be responsible for and shall maintain health insurance benefits for the parties' children so long as she is obligated to contribute to the children's support pursuant to the provisions of this Agreement or any Court Order. The parties agree that any non-covered, extraordinary medical and/or dental expenses for the children shall be continue to be divided as set forth in the parties' current Order of Support, or any subsequently entered Order. Should WIFE be without health insurance benefits through her employer available at a reasonable cost, and should HUSBAND have benefits through his employer, at a reasonable cost, both parties agree, in the best interests of the children, that they be placed under HUSBAND'S policy. Should both parties be without health insurance, the parties agree that the cost of insurance for the children shall be divided between them in proportion to their respective incomes at the time. 29. COUNSEL FEES: Neither party shall have any liability to the other for reimbursement of attorney's fees incurred by the other party in connection with the negotiation and preparation of this Agreement or in connection with any legal or equitable proceedings between the parties which have preceded the execution of this Agreement. 15 30. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint Federal and State tax returns. Both parties 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 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. 31. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties 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. The parties 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. 32. 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. 16 33. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 34. 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 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. 35. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 36. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to 17 the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 37. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 38. ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18 39. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shalt be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 40. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 41. 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. 42. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 43. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. 19 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. r; WITNESS WITN EAL) Elizabe A. Wa e (SEAL) Aomas alker, Jr. 20 COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF .bA1; ?WX?-l } On this, the,2Al"I day of 49A , 2007, before me, a Notary Public, the undersigned officer, personally appeared Elizabeth A. Walker, known to me (or satisfactorily 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. ?61? C? 2'-? y Public NOTARIAL SEAL DEBRA A. FIKE, NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN CO. MY COMMISSION EXPIRES OCT. 24, 2009 COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF On this, the2 ci day of 2007, before me, a Notary Public, the undersigned officer, personally appeared Thomas J. Walker, Jr., 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 OF PENNSYLVANIA Notarial Seal Michelle C. Armour, Notary Public Cof Harrleburu, Dauphin Cou_nty_ commission _xpires Oct. 2, 2008 21 ELIZABETH A. WALKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-2213 THOMAS J. WALKER, JR., CIVIL ACTION-LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 17, 2004. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of 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 IS Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Thomas J. W er, Jr. Date: April (O , 2007 ? Q y v? -` ; - --o ti M. Z ELIZABETH A. WALKER, Plaintiff V. THOMAS J. WALKER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2213 CIVIL ACTION-LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in 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. Thomas J. alker, Jr. Date: April 10 , 2007 o ?• 1 ..rte ?`?; ?? •? i=- TC1 C'a " ` coq - Aat3 LOLL `--T&Q-? PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this??9*- day of , 2007, by and between ELIZABETH A. WALKER, of 20 Wineberry Drive, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and THOMAS J. WALKER, JR., of 469 Nursery Drive North, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on December 14, 1991, in Raleigh, North Carolina; and WHEREAS, two (2) children have been born of this marriage, namely, Brianna Walker, born September 9, 1993; and Amy Walker, born March 24, 1995; 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. th? NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt 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. 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. 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 2 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 may be 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. 04-2213, 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 and 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 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 "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4 L 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. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim 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 5 i and agreements and obligations of whatsoever nature arising or which may arise 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; Maria P. Cognetti, Esquire, for WIFE and Debra Denison Cantor, 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. 6 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 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 may be 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. DEBT OF THE PARTIES: HUSBAND hereby indemnifies WIFE against, and agrees to assume sole liability and responsibility for, all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself, except as provided herein. HUSBAND shall not and will not hereafter incur or cause to be incurred for the benefit of himself, except as provided for herein, any debts, obligations or liabilities of any nature 7 whatsoever, whether for necessaries or otherwise, upon the credit of WIFE. WIFE hereby indemnifies HUSBAND against, and agrees to assume sole liability and responsibility for, all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit or herself, except as provided for herein. WIFE shall not and will not hereafter incur or cause to be incurred for the benefit of herself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of HUSBAND. 13. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby specifically 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, and which shall become the sole and separate property of the other from the date of execution hereof. 14. DIVISION OF REAL PROPERTY: WIFE is currently the owner of real property situated at 20 Wineberry Drive, Mechanicsburg, Cumberland County, Pennsylvania. Said property was previously transferred from HUSBAND and WIFE as tenants by the entireties, to WIFE, by way of a quitclaim deed, as per the terms of the parties' Stipulation for Exclusive Possession which was entered as an Order of Court on October 17, 2005. A true and correct copy of said Stipulation is attached hereto, made a part hereof and marked Exhibit "A." At the time of said transfer WIFE refinanced the mortgage on the property removing HUSBAND'S name therefrom and paid to HUSBAND the sum of SIXTY FIVE THOUSAND and 001100 ($65,000.00) Dollars. In exchange for the mutual promises contained herein, HUSBAND waives any further claim, right, interest or title whatsoever in said property and agrees never to assert any claim to said property in the future. 15. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess certain 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. 16. STOCKS: WIFE is currently the owner of 290 shares of IBM stock. In consideration of the mutual promises contained herein, WIFE agrees to transfer all 290 shares of said stock to HUSBAND. Said transfer shall be effectuated as soon as possible after the signing of this Agreement. IF HUSBAND should choose to sell said stock then he shall be solely responsible for any and all tax liability resulting from said sale. 17. STOCK OPTIONS: WIFE is currently the owner of 2,950 IBM stock options, 950 of which were "under water" as of the date of the signing of this Agreement. WIFE agrees that all said stock options shall be retained by her and used only for the benefit of the children including, but not limited to, college and educational expenses. WIFE shall provide HUSBAND 9 L ?? C? S Ta ?-.? d PT,'o? s' l with yearly statements to prove that the have not been exercised without his knowledge. WIFE shall give HUSBAND notice prior to her exercising said options and shall inform HUSBAND of how she intends to utilize the proceeds from said exercise. HUSBAND shall not oppose any use of the proceeds for the reasonable benefit of the children. Any unexercised options that remain after the children have completed their college education shall be divided equally by the parties or shall be designated for their children. 18. CHILDREN'S SAVINGS ACCOUNTS AND SAVINGS BONDS: HUSBAND and WIFE acknowledge that WIFE is the custodian of the following accounts being held for the parties' children: Fidelity Investments UTMA PA Account #2BB-323888 for Brianna; Fidelity Investments UTMA PA Account #2BB-323896 for Amy; College Savings Iowa 529 Account #420030237-02 for Brianna; College Savings Iowa 529 Account #420030237-01 for Amy; Members 1 st Savings Account #236980 for Brianna; and Members 1 st Savings Account #236982, for Amy. In addition WIFE is in possession of various US Savings Bonds in the children's names. The parties agree that these accounts and bonds shall continue to be controlled by WIFE to be utilized for the children's education. WIFE shall give HUSBAND notice prior to her exercising said savings accounts and bonds and shall inform HUSBAND of how she intends to utilize the proceeds from said exercise. HUSBAND shall not oppose any use of the proceeds for the reasonable benefit of the children. Any unexercised savings accounts and bonds that remain after the children have completed their college education shall be divided equally by the parties or shall be designated for their children. 10 19. DISTRIBUTION OF 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 Morgan Stanley Roth IRA #410-015897 and her Columbia Management SEP IRA #126- 100013050. 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 the assets in the future. WIFE hereby acknowledges and agrees that HUSBAND shall retain, as his separate property, free and clear from any claim, right, title or interest on the part of WIFE, his Morgan Stanley IRA #410-015902 and his Morgan Stanley IRA #410-015900. WIFE hereby acknowledges that she has no further claim, right, title or interest whatsoever in the Individual Retirement Accounts of HUSBAND, and further agrees never to assert any claim to the assets in the future. 20. JOINT VANGUARD STOCK MARKET INDEX FUND: The parties are currently the joint owners of a Vanguard Stock Market Index Fund # 09958551220, which had a value of $17,318.00 on September 30, 2006. The parties agree that said Index Fund shall be divided between them with WIFE receiving $6,000.00 and the remainder of said account becoming the sole and exclusive property of HUSBAND. The parties agree to execute the Vanguard Change of Ownership of Nonretirement Shares form, simultaneously with this Agreement, to effectuate the transfer of said funds. WIFE agrees to waive any interest she may have in the remainder of the Index Fund and further agrees that she will not assert any such claim in the future. 11 21. JOINT AMERITRADE ACCOUNT: The parties are currently the joint owners of an Ameritrade Account #173-833393. The parties agree that said Account shall become the sole and exclusive property of HUSBAND. WIFE agrees to execute any documents necessary to effectuate the transfer of said Account into HUSBAND's name alone. WIFE agrees to waive any interest she may have in said Account and further agrees that she will not assert any such claim in the future. 22. IBM PERSONAL PENSION PLAN: WIFE is currently a participant in the IBM Personal Pension Plan. HUSBAND agrees that any monies which WIFE has acquired through her interests in said IBM Pension Plan 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. 23. IBM 401(k) PLAN: WIFE is currently the owner of a 401(k) plan with IBM. WIFE agrees to transfer a total of ONE HUNDRED SEVENTY-FOUR THOUSAND SIX HUNDRED FIFTY-SEVEN and 00/100 ($174,657.00) Dollars to HUSBAND from her IBM 401(k). The parties agree that the transfer to HUSBAND shall be effectuated pursuant to a Qualified Domestic Relations Order (as that term is defined by the Internal Revenue Code and ERISA, hereinafter "QDRO"). The parties agree to employ Harry M. Leister, Jr. of Conrad Siegel Actuaries to prepare said QDRO and to share equally in the cost of such preparation. The form of the order shall be set forth in a stipulation which shall be signed by both parties, subject to the prior approval of their respective counsel and the plan administrator, and entered as an Order of Court. The parties shall cooperate in the transfer of the funds by executing any and all documents necessary to effectuate same. WIFE shall not remove or transfer any funds from said 12 plan until the transfer to HUSBAND has been completed. HUSBAND agrees to waive any interest he may have in the remainder of the funds from said 401(k) plans. HUSBAND hereby acknowledges that he has no further claim, right, title or interest whatsoever in the 401(k) plans of WIFE, and further agrees never to assert any claim to the assets in the future. 24. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The 1997 Jeep Grand Cherokee Laredo shall be and remain the sole and exclusive property of HUSBAND. (b) The 2002 Dodge Caravan shall be and remain the sole and exclusive property of WIFE. 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. 25. 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 she were unmarried. 13 26. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT AND CHILD SUPPORT: There is currently an Order for child and spousal support in effect through the Domestic Relations Section of Cumberland County, docketed to 00941 S 2005. It is the parties' intention that the current Order of Court remain open with regard to the payment of child support and that the current spousal support be terminated effective February 1, 2007. Further, the parties intend that said spousal support be converted to alimony, and that payments continue to be made through the Pennsylvania State Collections and Disbursement Unit (PASCDU) in the amount of ONE THOUSAND ONE HUNDRED FORTY-THREE and 17/100 ($1,143.17) DOLLARS. Said alimony shall continue from February 1, 2007 for a period of two (2) years thereafter. This payment is intended to be included in HUSBAND's income and deducted from WIFE'S gross income pursuant to federal tax laws. HUSBAND agrees that all of the said payments shall be included as income of HUSBAND in his applicable tax return and he shall pay such taxes as may be required by reason of such inclusion. The parties further agree that they specifically intend this amount to be non- modifiable by either party. Said alimony shall terminate prior to the expiration of said two year period only upon the death of either party, upon WIFE'S disability, or upon HUSBAND's remarriage or cohabitation with an unrelated member of the same or opposite sex. The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all further claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support and counsel fees, except as specifically provided for herein. 14 27. LIFE INSURANCE: HUSBAND and WIFE acknowledge that HUSBAND possesses a whole life insurance policy with Kansas City Life #2523733 and WIFE possesses a whole life insurance policy with Group Universal Life #A28064. The parties hereby agree that each shall become sole owner of their respective policies and they each hereby waive any interest in, or claim to, the value of the other's policy. 28. HEALTH INSURANCE - CHILDREN: WIFE shall be responsible for and shall maintain health insurance benefits for the parties' children so long as she is obligated to contribute to the children's support pursuant to the provisions of this Agreement or any Court Order. The parties agree that any non-covered, extraordinary medical and/or dental expenses for the children shall be continue to be divided as set forth in the parties' current Order of Support, or any subsequently entered Order. Should WIFE be without health insurance benefits through her employer available at a reasonable cost, and should HUSBAND have benefits through his employer, at a reasonable cost, both parties agree, in the best interests of the children, that they be placed under HUSBAND'S policy. Should both parties be without health insurance, the parties agree that the cost of insurance for the children shall be divided between them in proportion to their respective incomes at the time. 29. COUNSEL FEES: Neither party shall have any liability to the other for reimbursement of attorney's fees incurred by the other party in connection with the negotiation and preparation of this Agreement or in connection with any legal or equitable proceedings between the parties which have preceded the execution of this Agreement. 15 30. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint Federal and State tax returns. Both parties 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 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. 31. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties 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. The parties 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. 32. 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. 16 33. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 34. 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 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. 35. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 36. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to 17 the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 37. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parries hereto and their respective heirs, executors, administrators, successors and assigns. 38. ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18 39. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall.be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 40. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 41. 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. 42. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 43. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. 19 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. Q WITNESS C WITNESS f&? EElizab h A. Walker (SEAL) Tomas J alker, Jr 20 COMMONWEALTH OF PENNSYLVANIA) SS: COUNTY OF On this, the,,;? '`-/day of 2007, before me, a Notary Public, the undersigned officer, personally appeared Elizabeth A. Walker, known to me (or satisfactorily 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. No ary Public NOTARIAL SEAL DEBRA A. FIKE, NOTARY PUBIIC CITY OF HARRISBURG, DAUPHIN CO. MY COMMISSION EXPIRES OCT. 24, 2009 COMMONWEALTH OF PENNSYLVANIA) SS: COUNTY OF I ) On this, theZot?hday of , 2007, before me, a Notary Public, the undersigned officer, personally appeared Thomas J. Walker, Jr., 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. N tart' Public L?:UI°vd-M--ONTAtkAi-H if PENNSYYLVANIA 1 Notarial Seal f eicbelle C. Armour, Notary Public City of Harrisburg, Dauphin County f y Commission Epires Oct. 2, 2009 21 T,I ? ?e? ? lam) .t-} rn „T.?t Am McNEES WALLACE & NURICK LLC BY: Debra Denison Cantor Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 237-5300 facsimile dcantor(cD-mwn.com ELIZABETH A. WALKER, Plaintiff V. THOMAS J. WALKER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2213 CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified Mail, return receipt requested upon Defendant on May 24, 2004. An Affidavit of Service was filed on May 27, 2004. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: April 2, 2007; by Defendant: April 10, 2007. Plaintiffs Affidavit t was filed on April 10, 2007. Defendant's Affidavit is being filed contemporaneously with this Praecipe. 4. Related claims pending: N/A 5. Date Plaintiffs Waiver of Notice was filed with the Prothonotary: April 10, 2007. Date Defendant's Waiver of Notice was filed with the Prothonotary: contemporaneously with this Praecipe, MCNEES WALLACE & NURICK LLC B 51J?Aa b.CaevX+.r /-71--k- Debra D. Cantor I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendant, Thomas J. Walker, Jr. Date: April 30, 2007 "AV•' CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Praecipe to Transmit was served by first-class mail upon the following: Maria P. Cognetti, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue Camp Hill, PA 17011 Je nift?r L. Keen, aralegal Dated: April 30, 2007 C? ?µ ? ? -? " _ _ . , ? ..,-n f `i ' ; ....C 4. j ... T '.? y i ?? ^ ? .'}1 f -?^ ..-.a^ ?'? ?~, r !' , ?..., t a ? ,, ? ? pp , r+^` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ELIZABETH A. WALKER - `' Plaintiff . N O. 2004 2213 VERSUS THOMAS J. WALKER, JR. Defendant DECREE IN DIVORCE AND NOW, 4%8 J. I S --4vr7 , IT IS ORDERED AND A ACV DECREED THAT AND Elizabeth A. Walker Thomas J. Walker, Jr. ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None LO 8/1? 44e - m .SEP 18av1/ r Elizabeth A. Walker IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY PENNSYLVANIA VS. CIVEL ACTION - LAW IN DIVORCE Thomas J. Walker. Jr. DEFENDANT NO. 04-2213 QUALIFIED DOMESTIC RELATIONS ORDER This Order creates and recognizes the Alternate Payee's rights to receive a portion of the participant's benefits payable under the IBM Savings Plan, which is governed under Section 401 of the Internal Revenue Code (the "Code). This Order is intended to constitute a Qualified Domestic Relations Order ("QRDO") under Section 414(p) of the Code and Section 206(d) of the Employee Retirement Income Security Act of 1974 ("ERISA") and shall be interpreted and administered in conformity with such laws and the IBM Savings Plan and procedures. This Order is entered pursuant to the authority granted under the applicable domestic relations law of the state of Pennsylvania. 1. Plan - This Order applies to the IBM Savings Plan. Any successor to this Plan shall also be subject to the terms of the Order. 2. Participant - The name, address, and Social Security Number, and date of birth of the participant are as follows: Elizabeth A. Walker 20 Wineberry Drive Mechanicsburg, PA 17055 Social Security Number: 146-62-1365 Date of Birth: February 28, 1961 3. Alternate Payee -The person names as Alternate Payee meets the requirements of the definition of Alternate Payee as set forth in Section 4 below. The Alternate Payee's name, address, Social Security Number, date of birth, and relationship to the participant are as follows: Thomas J. Walker, Jr. 469 Nursery Drive North Mechanicsburg, PA 17055 Social Security Number: 193-50-0313 Date of Birth: March 20, 1959 Relationship to Participant: Former Spouse The Alternate Payee shall be responsible for notifying the plan administrator in writing of any changes in his or her mailing address subsequent to the entry of this Order. QDRO Page 2 4. Definitions: Alternate Payee - The Alternate Payee is any spouse, former spouse, child, or other dependent of a participant who is recognized by a domestic relations order as having a right to receive all or a portion of the benefits payable under the Plan with respect to the participant. Liquidation Date - The liquidation date is the date a participant's account from a defined contribution plan is split and the Alternate Payee's separate account is established in accordance with the terms of this Order. An assignment as of this liquidation date assigns a portion of the participant's current account. Plan Administrator - IBM Corporation is the Plan Administrator for the IBM Savings Plan. Hewitt Associates review the domestic relations orders for qualifications as QRDO's on behalf of the Plan Administrator. Valuation Date - The valuation date is the date on which the participant's vested account balance is valued in order to determine the Alternate Payee's designated portion in accordance with the terms of the Order. IBM Savings Plan accounts are valued on a daily basis. If, however, the QDRO requires a historical division of the participant's account and a daily valuation is not available for such date, the participant's account will be divided as of the nearest valuation date to the date specified in the Order.. Vested Account Balance - The participant's vested account balance is the dollar amount the participant has a no forfeitable right to receive from the Plan. 5. Benefit Payable to the Alternate Payee - The Order assigns to the Alternate Payee an amount equal to $174,657 of the participant's vested account balance under the Plan (identified in Section 1) as of the liquidation date. J 2 If the assigned amount as of the valuation date is greater than the full vested C•? a?e' amount of the participant's account as of the ate (after any outstanding loan balances and/or withdrawals have been deducted), the net vested account balance will be the assigned amount. - - --- ..--+ 6. Form of Payment - The Alternate Payee shall receive the portion of the Plan benefits assigned to the Alternate payee in a single lump sum payment. Such amount shall be adjusted for earnings and losses from the liquidation date to the date of distribution to the Alternate Payee. 7. Commencement - The Alternate Payee shall be eligible to receive payment as soon as administratively reasonable following the determination that this Order is a Qualified Domestic Relations Order. In no event can the Alternate Payee commence his benefit later than April 1 following the year in which the participant attains age 70 %. f 8. Death Protection - The death of the participant or the death of the Alternate Payee will not impact the amount assigned to the Alternate Payee under a domestic relations order that has been previously qualified. The remaining balance, which is the QDRO Page 3 property of the participant, will be payable to the participant's designated beneficiary or in accordance with Plan Provisions. A beneficiary for the Alternate Payee may not be named with in the Order. If the Alternate Payee dies prior to his or her distribution, the Alternate Payee's benefit will be paid to the Alternate Payee's estate. There are preretirement or postretirement benefits available under the plan. However, the Order may provide for an Alternate Payee who is a spouse or former spouse to have the rights of a surviving spouse with respect to the participant's remaining account balance. 9. Retention of Jurisdiction - This matter arises from an action for divorce or legal separation in this court under the case number set forth at the beginning of this Order. Accordingly, this court has jurisdiction to issues this Order. In the event the Plan Administrator determines that this Order is not a Qualified Domestic Relations Order, both parties shall cooperate with the Plan Administrator in making any changes needed for it to become qualified. This includes signing all necessary documents. For this purpose, this court expressly reserves jurisdiction over the dissolution proceedings involving the participant, the Alternate payee, and the participant's interest in the Plan. 10. Limitations - Pursuant to Section 414(p)(3) of the Code and except as provided by Section 414(p)(4), this order: a. Does not require the Plan to provide any type of form or benefit, or any option, not otherwise provided under the Plan; b. Does not require the Plan to provide increased benefits, and c. Does not require the payment of benefits to an Alternate Payee that is required to be paid to anther Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. 11. Taxation - For purposes of Sections 402 and 72 of the Code, any Alternate Payee who is the spouse or former spouse of the participant shall be treated as the distributes of any distributions or payments made to the Alternate Payee under the terms of the Order and, as such, will be required to pay the appropriate federal, state, and local income taxes on such distributions. 12. Constructive Receipt - If the Plan inadvertently pays to the participant any benefit that is assigned to the Alternate Payee pursuant to the terms of this Order, the participant will immediately reimburse the Plan to the extent that the participant has received such benefit payments and shall forthwith pay such amount so received to the Plan within ten (10) days of receipt. QDRO Page 4 If the Plan inadvertently pays to the Alternate Payee any benefit that is actually payable to the participant, the Alternate Payee must make immediate reimbursement. The Alternate Payee must reimburse to the extent that he or she has received such benefit payments and shall forthwith pay such amount so received to the Plan within ten (10) days of receipt. 13. Effect of Plan Termination - If the Plan is terminated, the Alternate Payee shall be entitled to receive his other portion of the participant's benefits s stipulated herein in accordance with the Plan's termination provisions for participants and beneficiaries. 14. Certification of Necessary Information - All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the participant to thlan Administrator of such information as the Plan Administrator may reasonably require from such parties to make calculation of the benefit amounts contained herein. Accepted and ordered this ?- day of S JaO CONSENT TO ORDER: p l intifiyAl mate Pay Date ?r 411(102 Ait f laintiff/ Date tPayee Defend t/Participant Date Attorney f6De ant/ Date Participant V Q ° fJ N r. Q V ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 09/25/07 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number IBM CORPORATION PAYROLL 2020 TECHNOLOGY PKWY MECHANICSBURG PA 17050-9498 836107770 O Original Order/Notice 941 S 2005 O Amended Order/Notice 858109482 O Terminate Order/Notice 04-2213 CIVIL RE: WALKER, ELIZABETH A. Employee/Obligor's Name (Last, First, MI) 1`6-62-1365 Employee/Obligor's Social Security Number 8269101571 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee'slobligor's income until further notice even if the Order/Notice is not issued by your State. $ 2, 099.67 per month in current support $ o . o0 per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current and past-due medical support $ 0.09- per month for genetic test costs $ o . oo per month in other (specify) for a total of $ 2, 099.67 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 484.54per weekly pay period. $ 969.08per biweekly pay period (every two weeks). $ 1.049.84 per semimonthly pay period (twice a month). $ 2,099.6 7 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws goveming the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly eamings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. S 4374(b)) to reen* by electronic payment method, please call Pennsylvania State Collections and Disbursement Ut* (PA SCOW Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, HaMsburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case Idendfier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: SEP 2 6 2007 DRO: R.J. SHADDAY Service Type M BY THE COURT: EDWARD k;. 7GUIU0, JUDGE OM8 No.: 0970.0154 Form EN-028 Rev. 1 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? 9hhecke l you are required to provide a?opy of this form to your mployee. If yoyr employee works in a state that is i Brent rom the state that issu this order, a copy must be provied to your employee even iftie box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each em ployeelobl igor. paydate/date ot WRIlholding is the date on "hich aniount was withheld from the employee's wages-. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee%bligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR. 1948100064 EMPLOYEE'S/OBLIGOR'S NAME: WALKER. ELIZABETH A. EMPLOYEE'S CASE IDENTIFIER: 8269101574 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAMEIADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. * Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee'slobligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: AOMESTIC_RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type m If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 097"154 Form EN-028 Rev. 1 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/obligor: WALKER, ELIZABETH A. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee'stobligor's employment. PACSES Case Number 858109482 Plaintiff Name THOMAS J. WALKER JR Docket Attachment Amount 04-2213 CIVIL$ 1,143.17 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee'stobligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. Service Type M Worker ID $IATT OMB No.: 0970.0154 i G -- cT= E ? -"C3 ?, Q0 -t3 n c Z5 t so Om W IN ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 04-2213 CIVIL OOriginal Order/Notice State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND 836107770 (D Amended Order/Notice 941 S 2005 Date of Order/Notice 02/02/09 OTerminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE: WALKER, ELIZABETH A. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) IBM CORPORATION PAYROLL 2020 TECHNOLOGY PKWY MECHANICSBURG PA 17050-9498 146-62-1365 Employee/Obligor's Social Security Number 8269101574 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 956.50 $ $ 0.00 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) Arrears 12 weeks or greater? O yes ® no one-time lump sum payment for a total of $ 956.50 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 220.73 per weekly pay period. $ 478.25 per semimonthly pay period (twice a month) $ 441.46 per biweekly pay period (every two weeks) $ 956.50 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. 10000' -.k BY THE COURT: DRO: R.J. Shadday Service Type M OMB No.: 0970-0154 Edward E. Judge Form EN-028 Rev. 4 Worker I D $ IATT t ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If is hecke? you are required to pr vide a Gopy of this form to your mployee. If yo r employee wo rks in a state that Nerent from the state that issued this order, a copy must be provi?ed to your emplyoyee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 1948100064 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:WALKER, ELIZABETH A. EMPLOYEE'S CASE IDENTIFIER: 8269101574 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 IN); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 4 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: WALKER, ELIZABETH A. PACSES Case Number 836107770 Plaintiff Name THOMAS J. WALKER JR Docket Attachment Amount 00941 S 2005 $ 956.50 Child(ren)'s Name(s): DOB AMY E. WALKER 0.3_/24/95 BRIAMA J ;. WALKER E)9?i59(93 ...... ...... .................... PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ......... .... .......... Form EN-028 Rev. 4 Worker I D $ IATT ? ' Cat t "!' t r r- r ELIZABETH A. WALKER, PLAINTIFF/RESPONDENT V. THOMAS J. WALKER, JR., DEFENDANT/PETITIONER PACSES CASE NO. 858109482 IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATION SECTION CIVIL ACTION - DIVORCE DOCKET NO: 04-2213 CIVIL ORDER OF COURT AND NOW, this 3rd day of January 2009, the Court being informed by the Domestic Relations Section that the arrears of the above captioned case have been paid in full, IT IS HEREBY ORDERED AND DIRECTED that the case be closed. The Cumberland County Domestic Relations Section dismisses their interest in the above captioned matter. This Order shall become final twenty days after the mailing of the notice of the entry of the order to the parties unless either party fries a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE T, t Edward E. Guido, DRO: R.J. Shadday xc: plaintiff and defendant Service Type M Judge Form OE-001 Worker ID 21005 vv n mac.-' ? °%C7 rn