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HomeMy WebLinkAbout05-0273SHARON L. BOOKAMIRE, Plaintiff V. DOUGLAS J. BOOKAMIRE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO.05- IN DIVORCE NOTICE CIVIL TERM You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, High and Hanover Streets, Carlisle Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone 717 249-3166 SHARON L. BOOKAMIRE, : IN THE COURT OF COMMON PLEAS OF Plaintiff' : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DOUGLAS J. BOOKAMIRE, : NO. 05- CIVIL TERM Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Sharon L. Bookamire, who currently resides at 10 Grinnell Drive, Camp Hill Pennsylvania, 17011. 2. Defendant is Douglas J. Bookamire, who currently resides at 10 Grinnell Drive, Camp Hill Pennsylvania, 17011. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to filing this Complaint. 4. Plaintiff and Defendant were married on October 16, 1993 in Enola Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The parties have been advised that counseling is available, and that either may have the right to request that the Court order the parties to participate in counseling. 8. There were two children born during this marriage whose names and dates of birth are as follows: Joshua Allen Bookamire, d/o/b/ 2/25/95 and Kalyn Marie Bookamire d/o/b/ 9/24/97. 9. The custody and visitation with the minor children is at issue. 10. Neither of the parties in this action is presently a member of the armed forces. 11. The plaintiff and Defendant are both citizens of the United States. COUNT I-DIVORCE 12. The plaintiff avers that the grounds on which the action is based are as follows; a. that Defendant has offered such indignities to the Plaintiff, the injured and innocent spouse so as to make Plaintiffs condition burdensome and life intolerable; b. that the marriage is irretrievably broken. COUNT H-EQUITBLE DISTRIBUTION 13. 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. These items include but are not limited to: a. The marital residence b. Personal property located at the marital residence c. Defendants pension, profit and or 401K plan. d. Three automobiles. e. Numerous other items of personal property too numerous to enumerate. COUNT III ALIMONY, ALIMONY PENDENTE LITE, ATTORNEY FEES AND COSTS 14. Plaintiff lacks sufficient property to provide for her reasonable needs. 15. Plaintiff earns approximately $15,000 per year and has no formal training or education 16. Defendant earns upwards of $75,000 per year and is a licensed electrician. 17. Defendant has sufficient income and assets to provide continuing support for the Plaintiff and her children. 18. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 19. The Plaintiff is without sufficient funds to support herself and to meet the costs and expense of this litigation and is unable to appropriately maintain herself during the pendency of this action. 20. Plaintiff s income is not sufficient to provide her reasonable needs and pay her attorneys fees and costs of this litigation. 21. Defendant has adequate earnings to provide for the Plaintiffs support and to pay her counsel fees, costs and expense. INJUNCTIVE RELIEF 22. Plaintiff believes that Defendant has, or intends to remove or dissipate assets from this jurisdiction, (specifically, his 401k and or retirement funds) dispose of, alienate, encumber with the intent of defeating Plaintiffs right as prayed for above, all of which would irreparably harm Plaintiff. 23. The removal from this jurisdiction, disposal of, alienation, encumbering and or dissipation of any or all marital assets by Defendant has been or will be detrimental to the rights of Plaintiff and would defeat the purposes of the Divorce Code, all of which would irreparably harm Plaintiff. 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. c. Compel the Defendant to pay alimony pendente lite to Plaintiff. d. Grant Plaintiffs attorney's fees and costs. e. Compel the Defendant to pay alimony to Plaintiff for a period of at least 24 months FROM THE DATE OF ENTRY OF THIS JUDGMENT until she is retrained and educated in a field of endeavor that will enable her to support herself and her children. f. Freeze all non essential marital assets and specifically any or all funds the Defendant has in his pension, profit sharing, retirement or 401k plan. g. Grant such further relief as the Court may deem equitable and just. Respectfully Submitted, The Law Offices of Richard R. Gan By: 111` Richard R. Gam, Esquire Attorney I.D. 68721 17 West South Street Carlisle, Pennsylvania, 17013 717-241-4300 VERIFICATION I verify that the attached complaint for divorce is true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of PA CS 4904, relating to unworn falsification to authorities. Date: 11111a.5- c?aI70k JJ44 ntZ.,/ Sharon L. Bookamire m SHARON L. BOOKAMIRE, Plaintiff V. DOUGLAS J. BOOKAMIRE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05- 47-1 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW, TO WIT, THIS day of January 2005, upon consideration of of the foregoing Petition for Hearing and Ex Parte Temporary Injunctive Order, filed on behalf of the Petitioner, indicating that immediate and irreparable harm would result before the matter would be heard on motion, it is hereby ORDERED and DECREED that a temporary preliminary injunction be issued upon Respondent. Respondent is hereby enjoined and restrained from disposing, transferring, withdrawing, cashing, surrendering or in any other way distributing any property, monies or securities that constitute marital assets until further order of this Court. Any and all nonessential assets of the parties are hereby frozen. A hearing is set for the Day of , 2005, at O'clock M, in courtroom No , Located in the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA BY THE COURT tJ-t . oil ? l C u_! u- N l? V ` v ) Q v J C_`1f ? V SHARON L. BOOKAMIRE, Plaintiff V. DOUGLAS J. BOOKAMIRE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05- oZ 13 CIVIL TERM IN DIVORCE PETITION FOR HEARING AND EX PARTE TEMPORARY INJUNCTIVE ORDER AND NOW comes Sharon L. Bookamire, Petitioner, by her attorney, Richard R. Gan and Brings the following Petition for Hearing and Ex parte Temporary Injunctive Order and respectfully Represents the following: 1. Petitioner is Sharon L. Bookamire, who currently resides at 10 Grinnell Drive, Camp Hill Pennsylvania, 17011. 2. Respondent is Douglas J. Bookamire, who currently resides at 10 Grinnell Drive, Camp Hill Pennsylvania, 17011. 3. Plaintiff and Defendant were married on October 16, 1993 in Enola Pennsylvania. 4. A complaint for Divorce was filed to the above term and number on January 12, 2005. 5. This complaint in divorce filed on behalf of Petitioner, contained claims for equitable distribution, alimony, alimony pendent elite, attorney fees and costs and injunctive relief. 6. On January 13, 2005 the complaint was served on Respondents attorney by first class mail. 7. During the course of their marriage, the parties acquired assets, including real and personal property which constitute marital property within the meaning and intern of the Pennsylvania Divorce Code and which are subject to equitable distribution,. 8. That one of the substantial assets of the marriage is the Respondents 401K, retirement or savings program with his employer Carlisle Syntec Systems. 9. Petitioner fears and believes that if not restrained and permanently enjoined from doing so, Respondent will invade, spend and squander his entire retirement account estimated to be in excess of $40,000.00. 10. Petitioner believes and therefore avers that this marital asset and any and all earnings that accrue to the benefit of the family in excess of what is needed to maintain all responsibilities of the marital residence should be frozen by this court until the conclusion of this proceeding. 11. Pursuant to section 3323 (f) of the Divorce Code, this court has full equity powers and jurisdiction to issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part, and may grant such other relief or remedy as equity and justice required. If Respondent is allowed to dissipate assets and specifically his 401k and or retirement account, Petitioner will suffer irreparable harm and forever lose her rights to equitable distribution of marital property unless Respondent is enjoined from dissipating marital assets within his control. 12. The relief sought by Petitioner is necessary to protect her interest in the marital assets, effectuate the purpose of the Divorce Code and is required by equity and justice. 13. Petitioner has no adequate remedy at law. 14. Pursuant to Section 3505(a) of the Divorce Code, "Where it appears to the court that a party... is about to remove property of that party from the jurisdiction of the court or is about to dispose of, alienate or encumber property in order to defeat equitable distribution, alimony pendent elite, alimony... or similar award, an injunction may be issued to prevent the removal of or disposition and the property may be attached as prescribed by general rules. WHEREFORE, Petitioner respectfully prays this honorable court, based on the foregoing Petition for Hearing and Ex Parte Temporary Order, enter an Order: a. Setting this matter for hearing. b. Temporarily enjoining and restraining Respondent from encumbering, dissipating, selling or otherwise alienating any and all marital assets of the parties, and c. Freezing all non essential assets of the parties. Respectfully Submitted, The Law Offices of Richard R. Gan By: Kichard R. Clan, trsquire Attorney I.D. 68721 17 West South Street Carlisle, Pennsylvania, 17013 717-241-4300 JAN 1 ? J i SHARON L. BOOKAMIRE, Plaintiff V. DOUGLAS J. BOOKAMIRE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 05- o?7.3 IN DIVORCE ORDER OF COURT AND NOW, TO WIT, THIS Ty' day of January CIVIL TERM 2005, upon consideration of of the foregoing Petition for Hearing and Ex Parte Temporary Injunctive Order, filed on behalf of the Petitioner, indicating that immediate and irreparable harm would result before the matter would be heard on motion, it is hereby ORDERED and DECREED that a temporary preliminary injunction be issued upon Respondent.4Respondent is hereby enjoined and restrained from disposing, transferring, withdrawing, cashing, surrendering or in any other way distributing any property, monies or securities that constitute marital assets until further order of this Court. Any and all nonessential assets of the parties are hereby frozen. A hearing is set for the Day of ? 4wA12 L , 2005, at /t q'clock A N[, in courtroom No f , Located in the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA aY r' BY THE COURT ?AI "' SHARON L. BOOKAMIRE, Plaintiff V. DOUGLAS J. BOOKAM LRE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVII. ACTION - LAW NO. 05- a 73 CIVII. TERM IN DIVORCE PETITION FOR HEARING AND EX PARTE TEMPORARY INJUNCTIVE ORDER AND NOW comes Sharon L. Bookamire, Petitioner, by her attorney, Richard R. Gan and Brings the following Petition for Hearing and Ex parte Temporary Injunctive Order and respectfully Represents the following: 1. Petitioner is Sharon L. Bookamire, who currently resides at 10 Grinnell Drive, Camp Hill Pennsylvania, 17011. 2. Respondent is Douglas J. Bookamire, who currently resides at 10 Grinnell Drive, Camp Hill Pennsylvania, 17011. 3. Plaintiff and Defendant were married on October 16, 1993 in Enola Pennsylvania. 4. A complaint for Divorce was filed to the above term and number on January 12, 2005. 5. This complaint in divorce filed on behalf of Petitioner, contained claims for equitable distribution, alimony, alimony pendent elite, attorney fees and costs and injunctive relief. 6. On January 13, 2005 the complaint was served on Respondents attorney by first class mail. 7. During the course of their marriage, the parties acquired assets, including real and personal property which constitute marital property within the meaning and intem of the Pennsylvania Divorce Code and which are subject to equitable distribution,. 8. That one of the substantial assets of the marriage is the Respondents 401K, retirement or savings program with his employer Carlisle Syntec Systems. 9. Petitioner fears and believes that if not restrained and permanently enjoined from doing so, Respondent will invade, spend and squander his entire retirement account estimated to be in excess of $40,000.00. 10. Petitioner believes and therefore avers that this marital asset and any and all earnings that accrue to the benefit of the family in excess of what is needed to maintain all responsibilities of the marital residence should be frozen by this court until the conclusion of this proceeding. 11. Pursuant to section 3323 (f) of the Divorce Code, this court has full equity powers and jurisdiction to issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part, and may grant such other relief or remedy as equity and justice required. If Respondent is allowed to dissipate assets and specifically his 401k and or retirement account, Petitioner will suffer irreparable harm and forever lose her rights to equitable distribution of marital property unless Respondent is enjoined from dissipating marital assets within his control. 12. The relief sought by Petitioner is necessary to protect her interest in the marital assets, effectuate the purpose of the Divorce Code and is required by equity and justice. 13. Petitioner has no adequate remedy at law. 14. Pursuant to Section 3505(a) of the Divorce Code, "Where it appears to the court that a party ... is about to remove property of that part}, from the jurisdiction of the court or is about to dispose of, alienate or encumber property in order to defeat equitable distribution, alimony pendent elite, alimony... or similar award, an injunction may be issued to prevent the removal of or disposition and the property may be attached as prescribed by general rules. WHEREFORE, Petitioner respectfully prays this honorable court, based on the foregoing Petition for Hearing and Ex Parte Temporary Order, enter an Order: a. Setting this matter for hearing. b. Temporarily enjoining and restraining Respondent from encumbering, dissipating, selling or otherwise alienating any and all marital assets of the parties, and c. Freezing all non essential assets of the parties. Respectfully Submitted, The Law Offices of Richard R. Gan Attorney I.D. 68721 17 West South Street Carlisle, Pennsylvania, 17013 717-241-4300 JAN 1 3 2005 , SHARON L. BOOKAMHiE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V : CIVIL ACTION - LAW . 73 TERM 7 DOUGLAS J. BOOKAMIRE, : NO. OS- CIVIL Defendant : IN DIVORCEE - c.a NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, High and Hanover Streets, Carlisle Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone 717 249-3166 SHARON L. BOOKAMIRE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOUGLAS J. BOOKAMIRE, : NO. 05- CIVIL TERM Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Sharon L. Bookamire, who currently resides at 10 Grinnell Drive, Camp Hill Pennsylvania, 17011. 2. Defendant is Douglas J. Bookamire, who currently resides at 10 Grinnell Drive, Camp Hill Pennsylvania, 17011. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to filing this Complaint. 4. Plaintiff and Defendant were married on October 16., 1993 in Enola Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The parties have been advised that counseling is available, and that either may have the right to request that the Court order the parties to participate in counseling. 8. There were two children born during this marriage whose names and dates of birth areas follows: Joshua Allen Bookamire, d/o/b/ 2/25/95 and Kalyn Marie Bookamire d/o/b/ 9/24/97. 9. The custody and visitation with the minor children is at issue. 10. Neither of the parties in this action is presently a member of the armed forces. 11. The plaintiff and Defendant are both citizens of the United States. COUNT I-DIVORCE 12. The plaintiff avers that the grounds on which the action is based are as follows; a. that Defendant has offered such indignities to the Plaintiff, the injured and innocent spouse so as to make Plaintiffs condition burdensome and life intolerable; b. that the marriage is irretrievably broken. COUNT II-EQUTIBLE DISTRIBUTION 13. 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. These items include but are not limited to: a. The marital residence b. Personal property located at the marital residence c. Defendants pension, profit and or 401K plan. d. Three automobiles. e. Numerous other items of personal property too numerous to enumerate. COUNT III ALIMONY, ALIMONY PENDENTE LITE, ATTORNEY FEES AND COSTS 14. Plaintiff lacks sufficient property to provide for her reasonable needs. 15. Plaintiff earns approximately $15,000 per year and has no formal training or education 16. Defendant earns upwards of $75,000 per year and is a licensed electrician. 17. Defendant has sufficient income and assets to provide continuing support for the Plaintiff and her children. 18. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 19. The Plaintiff is without sufficient funds to support herself and to meet the costs and expense of this litigation and is unable to appropriately maintain herself during the pendency of this action. 20. Plaintiff's income is not sufficient to provide her reasonable needs and pay her attorneys fees and costs of this litigation. 21. Defendant has adequate earnings to provide for the Plaintiffs support and to pay her counsel fees, costs and expense. INJUNCTIVE RELIEF 22. Plaintiff believes that Defendant has, or intends to remove or dissipate assets from this jurisdiction, (specifically, his 401k and or retirement funds) dispose of, alienate, encumber with the intent of defeating Plaintiffs right as prayed for above, all of which would irreparably harm Plaintiff. 23. The removal from this jurisdiction, disposal of, alienation, encumbering and or dissipation of any or all marital assets by Defendant has been or will be detrimental to the rights of Plaintiff and would defeat the purposes of the Divorce Code, all of which would irreparably harm Plaintiff. 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. c. Compel the Defendant to pay alimony pendente lite to Plaintiff. d. Grant Plaintiffs attorney's fees and costs. e. Compel the Defendant to pay alimony to Plaintiff for a period of at least 24 months FROM THE DATE OF ENTRY OF THIS JUDGMENT until she is retrained and educated in a field of endeavor that will enable her to support herself and her children. f. Freeze all non essential marital assets and specifically any or all funds the Defendant has in his pension, profit sharing, retirement or 401k plan. g. Grant such further relief as the Court may deem equitable and just. Respectfully Submitted, The Law Offices of Richard R. Gan 17 West South Street Carlisle, Pennsylvania, 17013 717-241-4300 Attorney I.D. 68721 VERIFICATION I verify that the attached complaint for divorce is true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of PA CS 4904, relating to unsworn falsification to authorities. Date: za?f &lsC ;Z4 Sharon L. Bookamire SHARON L. BOOKAMIRE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DOUGLAS J. BOOKAMIRE, : NO. 05- 4d 27 3 CIVIL TERM Defendant : IN DIVORCE PETITION FOR CONTEMPT AND SANCTIONS AND NOW comes Sharon L. Bookamire, Petitioner, by her attorney, Richard R. Gan and Brings this Petition for Contempt and Sanctions and respectfully represents the following: 1. Petitioner is the Plaintiff in this matter. 2. Respondent is Douglas J. Bookamire, who currently resides at 10 Grinnell Drive, Camp Hill Pennsylvania, 17011. 3. Plaintiff and Defendant were married on October 16, 1993 in Enola Pennsylvania. 4. A complaint for Divorce was filed to the above term and number on January 12, 2005. 5. The Defendant / Respondent was served Plaintiffs first set of interrogatories and a subpoena to produce certain documents on February 21, 2007. 6. Numerous phone calls have been placed to counsel for Defendant/ Respondent requesting his cooperation. To date, the Defendant, by and through his counsel refuses to comply with multiple discovery requests and a subpoena issued by the Cumberland County Court of Common Pleas. 7. That no excuse has been given, no request for extension has been requested and the Plaintiff is unable to conclude this matter as she is without the necessary information regarding the assets of the marital estate. 8. That the only conclusion is the Defendants desire to prolong this matter and to cause the Plaintiff to incur yet further attorney fees. a. WHEREFORE, FOR THE REASONS SET FORTH ABOVE, Petitioner respectfully request this Honorable court grant Plaintiffs Petition for Contempt and Sanctions and Order Respondent / Defendant to answer the interrogatories and provide the documents as required by the Subpoena sent to his attorney on February 20, 2007. Petitioner further requests that she be awarded the sum of $750.00 in attorney fees which she has incurred for the unnecessary filing of this petition and related documents. Respectfully Submitted, ('.nn T avv ('Trnnn Dated: s/?/Q 07 Attorney I.D. 68721 17 West South Street Carlisle, Pennsylvania, 17013 717-241-4300 SHARON L. BOOKAMIRE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -DIVORCE Z? NO. 0540W DOUGLAS J. BOOKAMIRE, Defendant PROOF OF SERVICE BY FIRST CLASS MAIL/ RETURN RECEIPT I, Richard R. Gan, Esquire, do hereby certify that on February 22, 2007 a copy of Plaintiffs first set of Interrogatories and Subpoena was served by first class mail to: Richard C. Rupp Esq. 355 North 21s` Street Suite 205 Camp Hill, PA 17011 Gan Law Group Attorneys for Defendant ZA Dated: 7 If 4F Document #: 181832.1 Attorney I.D. No. 68721 17 West South Street Carlisle, PA 17013 (717) 241-4300 1 I? .Y ::'- :?,.. ? ?- ? r M Z 0 ? N N °' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 4(-Cn l 144)-r+ t r ,e DO Zs J File No. U C'S - -)- "7 9 l tY .17, v Or ciz., SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ?KC{t.t.) ?aat?t3MI r 0-J6 1?1 CwwvzQ '1Lts6e? !?y _ (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: at d??i?- ? C? rav?, I7Gt/nst ?a a ?'?-SdY l. C zA bsl Ph 17 0?3 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: 67/4-? 046J 6eout° ADDRESS: 1-7 Warsoa of s-meeer- C?ALICCC 10A TELEPHONE: t -7 ---2 41- 4.3 y 6 SUPREME COURT ID # IO 0 "7 z 1 ATTORNEY FOR: PL:?in t i f - Date: -? V C4 '792 Se 1 of the Couit BY COURT: Prothonotary, Civil Divisi Deputy C I V'1 L T,Pr , ADDENDUM TO SUBPOENA THE FOLLOWING INFORMATION IS SOUGHT PURSUANT TO THE ATTACHED SUBPOENA: 1. Copy of the mortgage balance on the residence currently occupied by Douglas Bookamire 2. Copies of all loan documents and current balances on each and every motor vehicle owned or co owned by Douglas Bookamire 3. A complete and full statement issued by any and all employers of Douglas Bookamire during the course of his marriage to Sharon Bookamire which reflect the current balances of any and all retirement, 401 K or any or all other savings or deferred compensation plans. 4. A complete analysis of any or all funds or money that you have withdrawn from any of the above funds since the commencement of this divorce proceeding. 5. A copy of any and all W2's issued to Douglas Bookamire since the commencement of this proceeding: 6. Copies of any and all tax returns filed by Douglas Bookamire since the commencement of this proceeding. 7. Copies of any and all property and school tax bills issued to Douglas Bookamire and Sharon Bookamire since the commencement of this proceeding. 8. Copies of any and all receipts received by Douglas Bookamire for the payment of property and school taxes since the commencement of this proceeding. 9. Copies of all titles for each and every motor vehicle owned or co owned by Douglas Bookamire. 10. A complete list of every item of personal property with a value over $5.00 remaining in the marital residence. 11. A full accounting of all expenditures made to opef ate the marital residence since the commencement of this proceeding. 12. A current account statement for all credit cards obtained and utilized during the course of this marriage including current balance and all expenditures made using the card(s) since the commencement of this proceeding. 13. Copies of any or all appraisals that you have had conducted on the marital residence of any motor vehicle owned by the parties. GAN LAW OFFICES 17 WEST SOUTH STREET, CARLISLE, PA 17013 PHONE (717) 241-4300 FAX (717) 243-5178 Richard R. Gan, Esquire Email: richgan@earthlink.net Admitted to Michigan Bar Admitted to New York Bar Admitted to Pennsylvania Bar February 20, 2007 Mr. Richard C. Rupp Rupp and Meikle 3 5 5 North 215t Street, Suite 205 Camp Hill, PA 17011 Fax: 730 0214 Re: Bookamire V Bookamire, File no 05-273 / Interrogatories / Subpoena Dear Mr. Rupp, (Rich) Enclosed please find Plaintiffs first set of interrogatories to Defendant. These were originally sent to you on July 24, 2006. Per our conversation, you stated you never received them. To that extent, this set is being sent to you by certified mail. I am also filing another proof of service with the court today. I am also enclosing a subpoena. Please advise your client that I will be seeking strict adherence to the time period permitted by court rule to respond. If you have any questions whatsoever, please contact me directly. Very Fard R. Gan Sharon Bookamire N oo ?z SHARON L. BOOKAMIRE, Plaintiff V. DOUGLAS J. BOOKAMIRE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 05- 273 CIVIL TERM IN DIVORCE AMENDMENT TO MOTION FOR CONTEMPT AND SANCTIONS AND NOW comes Sharon L. Bookamire, Petitioner, by her attorney, Richard R. Gan and Amends her Petition for Contempt and Sanctions to include the following: 1. That pursuant to Local Rule 208.3(a) please be advised that Judge Oler presided over a custody hearing on May 7, 2007 (in this matter) and will issue an order regarding custody within 3-5 business days. WHEREFORE, FOR THE REASONS SET FORTH ABOVE, Petitioner respectfully request this Honorable court grant Plaintiffs Petition for Contempt and Sanctions and Order Respondent / Defendant to answer the interrogatories and provide the documents as required by the Subpoena sent to his attorney on February 20, 2007. Petitioner further requests that she be awarded the sum of $750.00 in attorney fees which she has incurred for the unnecessary filing of this petition and related documents. Respectfully Submitted, Gan Law Group c ar . Gan, Esquire Attorney I.D. 68721 17 West South Street Carlisle, Pennsylvania, 17013 717-241-4300 Dated: -S#/p, 1 i SHARON L. BOOKAMIRE, Plaintiff V. DOUGLAS J. BOOKAMIRE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 05-273 CIVIL TERM IN DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW comes Sharon L. Bookamire, Petitioner, by her attorney, Richard R. Gan and Brings this Motion to Make Rule Absolute and respectfully represents the following: 1. Petitioner is the Plaintiff in this matter. 2. This court issued its order addressing Plaintiffs petition / motion for contempt and sanctions on May 9t' 2007. 3. Defendant has neither complied with the courts previous order nor contacted the Plaintiff or her attorney as to the reasons for delay. WHEREFORE, FOR THE REASONS SET FORTH ABOVE, Petitioner respectfully request this Honorable court make its rule absolute and grant Plaintiffs Petition for Contempt and Sanctions and Order Respondent / Defendant to answer the interrogatories and provide the documents as required by the Subpoena sent to his attorney on February 20, 2007. Petitioner further requests that she be awarded the r sum of $750.00 in Attorney fees which she has incurred for the unnecessary filing of this petition and related documents. Respectfully Submitted, Carlisle, Pennsylvania, 17013 717-241-4300 Dated: 6,5,07 Attorney I.D. 68721 17 West South Street ORDER OF COURT AND NOW, this 9t" day of May, 2007, upon consideration of Plaintiff's Petition SHARON L. BOOKAMIRE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DOUGLAS J. BOOKAMIRE, Defendant NO. 05-4200 CIVIL TERM for Contempt and Sanctions, a Rule is hereby issued upon Defendant, to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, R' hard R. Gan, Esq. West South Street Carlisle, PA 17013 Attorney for Plaintiff Richard C. Rupp, Esq. 3 5 5 North 2 I st Street Suite 205 Camp Hill, PA 17011 Attorney for Defendant J esley Oler, Jr., J. :rc C? C= ?``?' ? ?' ?°` ?, f ' f ? ?.+ M'? ppy??+? i •? f £"' ? ?.4:. i'? . ? ? 'Z ;;- . , .?- -? SHARON L. BOOKAMIRE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DOUGLAS J. BOOKAMIRE, Defendant NO. 05-273 CIVIL TERM ORDER OF COURT AND NOW, this 19" day of June, 2007, upon consideration of Plaintiff's Motion for Contempt and Sanctions, and Plaintiff's Motion To Make Rule Absolute, a hearing is scheduled for Wednesday, August 8, 2007, at 3:15 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J. esley Oler, Jr., J. 1chard R. Gan, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff ?`?"chard C. Rupp, Esq. 355 North 21 Street Suite 205 Camp Hill, PA 17011 Attorney for Defendant :rc E: I I N 6! tli f jvoZ 20 SHARON L. ?OOKAMIRE, V. DOUGLAS J.' BOOKAMIRE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-273 CIVIL TERM ORDER OF COURT AND for Contemp Absolute, fol Richard R. ( Defendant, a on OW, this 22°d day of June, 2007, upon consideration of Plaintiffs Motion and Sanctions (as amended), and of Plaintiff's Motion To Make Rule owing a telephone conference on this date with counsel in the persons of an, Esq., on behalf of Plaintiff and Richard C. Rupp, Esq., on behalf of id pursuant to an agreement of counsel, it is ordered and directed as follows: 1. The order of court dated June 19, 2007, scheduling a hearing Plaintiff's motion is vacated; 2. Plaintiff's Motion for Contempt and Sanctions (as amended) 1 Plaintiff's Motion To Make Rule Absolute are granted to the ;ent that Defendant is directed to serve upon Plaintiff's counsel, thin 20 days of the date of this order, answers to Plaintiff's errogatories and the material subpoenaed by Plaintiff, without BY THE COURT, /ichard R. an, Esq. 17 West So th Street Carlisle, P 17013 Attorney fo Plaintiff 4 A VINV AIM Ni ]d uNncn 11--'; iNno Eli : I I WV 93 NAP LOOZ AUVIGINvHi,O?d 3a Z-10 KH-110- H A r jk /Richard C. R pp, Esq. 355 North 215 Street Suite 205 Camp Hill, P 17011 Attorney for efendar rc SHARON L. BOOKAMIRE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE DOUG J. BOOKAMIRE, Defendant : NO.05-CV 409Er W-13 PROOF OF SERVICE I, Richard R. Gan, Esquire, do hereby certify that on November 28, 2005 a copy of the Complaint for Divorce in the above matter was personally served by first class mail on counsel for Defendant, Richard Rupp at 355 North 21St street, suite 205, Camp Hill Pa 17011. Gan Law Group Dated: 1-2-1,51 ? Carlisle, PA 17013 (717) 241-4300 Attorneys for Plaintiff Document #: 181832.1 Attorney I.D. No. 68721 64 South Pitt Street L U _.. cr% T ON 12-1 3 c° U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON L. BOOKAMIRE, Plaintiff VS. No. 2005 (273 DOUG J. BOOKAMIRE, Defendant CIVIL TERM DIVORCE MARITAL PROPERTY SETTLEMENT AGREEMENT ?l? 1. This agreement is made and concluded this day of+?l?wf,;g-2008 By and between SHARON L. BOOKAMIRE, hereafter referred to as "Plaintiff" and DOUG J. BOOKAMIRE, hereafter referred to as "Defendant". 2. WITNESSETH: 3. WHEREAS, the parties are HUSBAND AND WIFE; 4. WHEREAS, unfortunate and irreconcilable difference have arisen between the parties by reason of which continued cohabitation as HUSBAND and WIFE has been rendered impossible; and 5. WHEREAS, the parties have agreed on a settlement of all property rights and differences existing between them. 6. WHEREAS, the parties intend this agreement to be a full, complete, and valid Postnuptial Agreement, providing for the absolute and final settlement of all they're respective property rights and all claims for spousal support, alimony pendente lite and alimony. 7. NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed as an essential part hereof, and intending to be legally bound hereby, and for other good and sufficient consideration, the receipt whereof is hereby acknowledged, the parties being advised and represented by counsel, mutually agree as follows: 8. NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DOMESTIC RELATIONS CODE OF PENNSYLVANIA. Plaintiff and Defendant agree that Plaintiff shall secure a no fault divorce based upon the irretrievable breakdown of their marriage. PLAINTIFF AND DEFENDANT further agree to execute their respective affidavits of consent under section 3301 (c) of the Domestic relations Code of Pennsylvania, Waivers of Notice of Intention to Request Entry of Divorce Decree, and to execute any documents necessary under existing rules of Pennsylvania Civil Procedure and local rules of the Court of Common Pleas of Cumberland County, in order to allow Plaintiff to file all such documents in the Court of Common Pleas of Cumberland County, PA. Neither Plaintiff nor Defendant shall either directly or indirectly permit the withdrawal of their respective affidavits of consent or of any and all other documents executed by Plaintiff and Defendant subsequent to the execution of the documents. The affidavits of Consent and Waivers of Notice shall be executed within (10) days of receipt. 9. DATE OF EXECUTION. The date of execution or execution date of this Agreement shall be defined as the date, upon which the parties execute it, if they have each executed the Agreement on 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. 10. REAL ESTATE. The parties are owners of a home and property located at 10 Grinnel Drive, Camp Hill Pa 17011. The Defendant shall be awarded this property with all encumbrances attendant thereto. It is agreed between the parties that Plaintiff shall quit claim all interest in the marital residence to Defendant to assist in the refinancing process. It is further agreed that upon refinancing, Plaintiff shall receive the sum of $22,398.48, representing her equity in the marital residence valued at the time of separation. Payment of Plaintiffs equity in the amount of $22,398.48 shall occur no later than twelve months from the date of entry of Judgment of Divorce. 11. ENCUMBRANCES, WARRANTIES, GUARANTEES. The parties represent AND WARRANT herein that there are no encumbrances, notes, judgments, liens, pending suits or other claims against any property subject to the terms and conditions of this agreement except as stated above or herein. 12. PERSONAL PROPERTY. The parties have divided all of their marital and non-marital personal property except as stated below. Except as outlined herein, each relinquishes any and all claims to the personal property in possession of the other party. The parties agree that the following items of personal property shall be conveyed to Plaintiff at or before the entry of Judgment: 1) Mary Kay Products / 50% of inventory to each party or as agreed. 2) 5 Oak Dining Room Chairs / Antique Sewing Machine. 3) Christmas Ornaments 4) Cookbooks 5) China 6) Boyd's Bears 7) Old Rectangle Table w Chairs- refinished / within 90 days of judgment. 8) Roasting Pan 9) 2 extensions for Dining Room Table 10)Bride Doll 11)Picnic Basket 12)Lawn Mower 13)Bermuda Prints (small) 14)Glass Hot Plates 15)White Candle Barn Candleholder w Candle 16)Old Dollhouse 17)Remaining Clothes and shoes 18)Rocker Glider w Ottoman 19)Back Massager 20)White Cordless Phone w Caller ID 21)Accordion Mirror- In Bathroom 22)Hair Dryer Rack- In bathroom 23)Pictures-Me 24)Remaining Horse Carousels 13. MOTOR VEHICLES. Each party shall be responsible for their own insurance, fuel and related expenses on all vehicles that they own or lease after this proceeding has been concluded. Plaintiff and Defendant waive all claims to the vehicles in the possession of each party and agree to convey any and all documents required to release their interest in any vehicle owned by the other party. The Plaintiff shall be awarded the 2002 Grand Am. Defendant has made the monthly payments on this vehicle since 9/17/05. Defendant shall assign all right, title and interest to this vehicle to Plaintiff on or before the entry of judgment. Defendant shall receive a credit of $5840.00 for payments made on this vehicle loan since September of 2005. This credit has been factored into the property settlement agreement contained herein. 14. DIVISION OF SAVINGS AND CHECKING ACCOUNTS. All joint savings and checking accounts have been closed. All savings and checking accounts in the individual names of the Plaintiff and Defendant shall remain the separate property of each, independent of any claims or rights of the other. 15. MEDICAL INSURANCE. The parties agree to acquire and maintain their own Health insurance after the filing of this agreement and entry of Judgment of Divorce. 16. LIFE INSURANCE. The parties shall acquire their own life insurance. 17. DEBTS. The parties stipulate and agree that there are debts arising from this marriage and that the responsibility for the repayment of this indebtedness shall be as follows: 1. First Mortgage / Defendant 2. Home equity loan / Defendant 3. Plaintiffs auto loan / Defendant / Credit given in settlement 4. Plaintiffs credit cards / Plaintiff 5. Joint credit card with Members First Federal Credit Union bearing account number 415537222530 / charge off / in the amount of $5,568.00/ Plaintiff shall pay this in full. 6. Defendants auto loan / Defendant 7. Defendants credit cards / Defendant 17. RETIREMENT ACCOUNTS. It is agreed between the parties that Plaintiff currently has no retirement accounts. It is further agreed between the Parties that Defendant has significant retirement accounts as a result of his Employment at Carlisle Syntec. Defendant's retirement account is valued at $28,454.87. Defendants 401K is valued at $5807.17. It is agreed between the Parties that Plaintiff shall receive, by virtue of a court ordered qualified Domestic Relations order, the sum of $17,176.52 representing her interest in Defendants retirement accounts. This sum shall be disbursed to Plaintiff directly from Defendants employer after QDRO has been transmitted. 18. TAXES, TAX RETURN, REFUNDS. It is agreed that the parties have filed all required tax returns as married but filing separately. 19. PROPERTY SETTLEMENT PAYMENT As referenced above the Defendant shall pay to the Plaintiff the total sum of $39,575.00 as property settlement representing her interest in the marital residence and her accrued interest in Defendants pension plan through date of separation. 20. SPOUSAL SUPPORT, ALIMONY, ALIMONY PENDENTE LITE. The parties agree that both Plaintiff and Defendant are permanently barred from seeking spousal support or alimony in any form after filing of this Marital Property Settlement Agreement. 23. ADVICE OF COUNSEL, PROPERTY RIGHTS The provisions of this agreement and their legal effect have been fully explained to the parties by their respective legal counsel. The parties acknowledge that they have mutually worked to construct this agreement and agree with the terms as presented herein. More specifically, each understands that if either party had proceeded with an action in Divorce, under Pennsylvania law, the marital property of the parties would have been divided by the Court based on the following factors: a. The length of the marriage. b. Any prior marriage of either party. c. The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties. d. The contribution by one party to the education, training or increased Earning power of the other party. e. The opportunity of each party for future acquisitions of capital assets and income. f. The sources of income of both parties, including but not limited to, medical, retirement, insurance or other benefits. g. The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property. h. The standard of living of the parties established during the marriage. i. The economic circumstances of each party at the time the division of property is to become effective. 24. ADVICE OF COUNSEL- ALIMONY. Further, each party has had Explained to him / her that if either had proceeded with an action in Divorce, under Pennsylvania law, the appropriateness of awarding alimony to one of the parties would have been determined by the court, based upon the following factors: a. The relative earnings and earning capacities of the parties. b. The ages and physical, mental and emotional conditions of the parties. c. The sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits. d. The expectancies and inheritances of the parties. e. The duration of the marriage. f. The contribution by one party to the education, training or increased earning power of the other party. g. The standard of living of the parties established during the marriage. h. The relative assets and liabilities of the parties. i. The property brought into the marriage by either party. j. The relative needs of the parties. k. The marital misconduct of either of the parties during the marriage. The marital misconduct of either of the parties from the date of final separation shall not be considered by the court in its final decision relative to alimony. 1. The Federal, State and local tax ramifications of the alimony award. m. Whether the party seeking alimony is incapable of self-support through appropriate employment. Each party has also had explained to him / her that if an Order for Alimony had been entered by the court, the court would have determined the amount of the payments, the duration of the payments, and that the payments would be subject to modification or termination based upon changed circumstances, cohabitation, remarriage or death. Each party confirms that she or he fully understands the factors regarding equitable distribution and alimony under the Divorce Code of Pennsylvania that each waives her / his rights to have the Court equitably divide their marital property or determine the appropriateness of alimony, and that each fully understands the terms, conditions and provisions of this Agreement, and finds them to be fair, just, equitable and reasonable under the existing circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal agreement. 25. BREACH If either party breaches any provision hereof, then the Non-breaching party shall have the right, at his or her election, to sue for damages for the breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be responsible for payment of all legal fees and costs incurred by the other party in enforcing his or her right under this Agreement. 26. WAIVER OF PENNSYLVANIA DIVORCE CODE RIGHTS. All property set apart herein either now or in the future as the separate property of either the Plaintiff or Defendant and all property now owned by or titled to the Plaintiff or to the Defendant individually and all property acquired by Plaintiff or Defendant individually at anytime after the execution of this Agreement shall remain the separate property of that party and shall under no circumstances be considered or construed to be marital property as that term is used in the Pennsylvania Divorce Code and as such shall not be subject to equitable distribution. This agreement shall be deemed to be and construed to be a valid Agreement for the purpose of waiving the provision concerning equitable distribution as that term is used in the Pennsylvania Divorce Code. 27. DISCLOSURE. Each party agrees and represents that he or she has made a full and complete disclosure to the other of all assets and liabilities whether joint or individual of each party and each party further acknowledges that he or she is satisfied that such complete disclosure has been made. 28. DIVORCE. It is the understanding of the parties that their marriage is irretrievably broken, and each warrants and represents to the other that they will acknowledge to the Court of Cumberland County that his or her marriage to the other is irretrievably broken and each will consent to the courts decree divorcing them from the bonds of matrimony as a condition to the performance of this Agreement. 29. EQUITABLE BINDING PROPERTY AGREEMENT. The parties agree and acknowledge that this Agreement affects an equitable distribution of the parties marital property in a manner which is satisfactory to each. This agreement may be incorporated into the final decree of divorce in any divorce action which may be pending between the parties. This Agreement shall not be merged in any such decree, but shall survive the decree and be forever binding upon the parties. 30. TRANSFERS AND PAYMENT CONTINGENT UPON THE ENTRY OF OF A DIVORCE DECREE. It is specifically understood and agreed by and between the parties that the conveyances, transfers and property settlement payments are all made contingent upon the entry of a valid and final decree in Divorce severing and terminating the marriage relationship between the parties. 31. INCORPORATION IN JUDGMENT FOR DIVORCE. In the event either the Plaintiff or the Defendant at any time hereafter obtains a divorce in the cause presently or hereafter pending between them, this Agreement and all of its provisions may be incorporated for the purposes of enforcement only, but not merged, into any such judgment for divorce, either directly or by reference. The Court, on entry of the judgment for divorce shall retain the right to enforce the provisions and the terms of the Agreement pursuant to the provisions of 23 Pa C.S.A. 3105. 32. COUNSEL FEES. Each party is responsible for their own Attorney fees. 33. PERSONAL RIGHTS. Each party shall be free from all interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. Neither party shall disturb, malign or molest the other or endeavor to compel the other to cohabit or dwell with him or her, or to interfere with the occupation, friendships, society, or acquaintances which either of the parties may choose to have from this day forward. 34. EXECUTION OF DOCUMENTS. Each party shall, upon the reasonable request of the other party or his or her designee, promptly make, execute and deliver any papers, documents and instruments and perform such acts as may be reasonably necessary or desirable for the purpose of giving full force and effect to the provisions of this Agreement and to carry out the intent of the parties as expressed herein. 35. PARTIAL INVALIDITY. If any provision of this agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 36. WAIVER OF ESTATE CLAIMS. Each party hereby waives, releases, and relinquishes any and all rights that he or she may now have, or hereafter acquire as the other party's spouse under the present or future laws of any jurisdiction, including but not limited to the following: (a) To elect or take against any will or codicils of the other party, now or hereafter in force. (b) To share in the other party's estate in the case of intestacy. (c) To act as executor or administrator of the other party's estate. (d) To be the beneficiary of any stock account, bank account, life insurance policy, pension, 401(K), profit sharing, or other retirement account. 37. SITUS. This agreement shall be construed and governed in accordance with laws of the Commonwealth of Pennsylvania. 38. CONSTRUCTION. This Agreement shall not be construed against either party as the party preparing it, it being agreed that both parties have participated in the preparation thereof. 39. 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. 40. REPRESENTATION. Each party acknowledges that this Agreement has been entered into freely and voluntarily with full knowledge of the facts and full information as to the legal rights and liabilities of each and that each hereby certifies he or she has fully read this Agreement, understands the same and believes the same to be reasonable under the circumstances. 41. BINDING EFFECT. The terms, provisions and conditions of this Agreement shall be binding upon any and all of the heirs, executors, administrators, successors or assigns of either of the respective parties hereto, except as may be otherwise herein provided. 42. 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 default of the same or similar nature. 43. ENFORCEMENT. The parties hereto agree that the provisions of this Agreement may be entered and enforced by an appropriate court order at the action of the entitled party and against the obligated party, as the case may be, when any problem arises. 44. PURPOSE. This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations or agreements, oral or written of any nature whatsoever, other than those herein contained. The provisions of this Agreement are intended to consider, determine, and distribute all assets of the parties as a part of the terms of this Marital Property Settlement Agreement. This Agreement is intended by the parties to be a valid Postnuptial Agreement, providing for the absolute and final settlement of their respective property rights. This agreement is not intended to be a mere Separation Agreement. 45. INTENTION. Each of the parties intends to be legally bound hereby and this Agreement shall be binding upon the heirs, personal representatives and assigns of the respective parties hereto. 46. INCORPORATION BY REFERENCE. This Marital Property Settlement Agreement may be incorporated by reference into the Judgment of Divorce as if reproduced in full therein. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. This Agreement is executed in duplicate, and in counterparts, and Plaintiff and Defendant, as parties hereto, acknowledge the receipt of a duly executed copy and further acknowledge that each copy shall constitute an original. yd 11D SHARON L. BOOKAMIRE, PLAINTIFF COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the day of ?? ?- 2008, before me, a Notary Public, the undersigned officer, personally appeared ?`iQ a ^? ?a o p ?? known to me, or satisfactorily proven to be the person whose name is subscribed to the within Postnuptial Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. V. Harold S. Irwin Iii, Esq, Notary public Carlisle, Cumberland County My nNmmisx -UI iMS Febmmy Ob!1011 DOLTG J. BOOKAMIRE COMMONWEALTH OF PENNSYLVANIA ? AUPW N COUNTY OFCUMBERtAND h On this, the day ofDecembber, 2008, before me, a Notary Public, the undersigned officer, personally appeared DOUG J. BOOKAMIRE known to me, or satisfactorily proven to be the person whose name is subscribed to the within Postnuptial Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. , 9,., Notary Public commoNwEALTH OF PENNSYLVANIA Notarial Seal Harva J. Owings-Baughman, Notary Public City of Harrisburg, Dauphin County My Commission Expires July 12, 2012 Member, Pennsylvania Association of Notaries This Marital Property Settlement Agreement was prepared by Gan Law Group Richard R. Gan, Esq 64 South Pitt Street Carlisle, PA 17013 717-241- 4300 PA Bar Number 68721 " T7 ?.. ? ""-{ #1? ? - _ .. j'.U, r": a ; :? SHARON L. BOOKAMIRE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA VS. CIVIL ACTION - LAW DIVORCE DOUG J. BOOKAMIRE, Defendant NO. 05- 273 AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on 12/21/05 , and served on Counsel for Defendant Richard Rupp on 12/28/05 by first class mail. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: /z / 0-dr D SHARON MI r N-Q 5z? SHARON L. BOOKAMIRE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA VS. CIVIL ACTION - LAW DIVORCE DOUG J. BOOKAMIRE, Defendant NO. 05-C 2-73' AFFIDAVIT OF CONSENT A Complaint in divorce under §3301(c) of the Divorce Code was filed on 12/21 /OSand served on Counsel for Defendant Richard Rupp by first class mail on 12/28/05. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: %L /? G? j7P . DI) ., ' r q?- _ SHARON L. BOOKAMIRE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA VS. CIVIL ACTION - LAW DIVORCE DOUG J. BOOKAMIRE, Defendant NO.05 273 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER 43301(C) AND 4 3301(D) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: SHARON MI t? ? ?-ti t? .Y w 7 ~`; --{ f"? p { c;:" ._.f .. -.,.. ? ? :?. C,."f ...i;7 SHARON L. BOOKAMIRE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA VS. CIVIL ACTION - LAW DIVORCE DOUG J. BOOKAMIRE, Defendant NO. 05 2 73 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER 43301(C) AND 4 3301(D) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: %Z l - O F c - 3 c ; ?Y C.mJ CERTIFICATE OF SERVICE AND NOW, this y"v o G , 2008 I, Richard R. Gan, Esquire, Attorney for Plaintiff, hereby certify that I served a copy of the Praecipe to Transmit Record on Defendant DOUG I BOOKAMIRE this day by depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed to: Mr. Doug Bookamire 10 Grinnel Drive Camp Hill, PA 17011 GAN LAW GROUP ? ? _ f ,S ?• ? r?rr L ! '? ?\? }} R?1 r$E \ f:`:' -i Cr ? ? , w SHARON L. BOOKAMIRE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA vs. CIVIL ACTION - LAW DIVORCE DOUG J. BOOKAMIRE, : Defendant NO.05(2 73 PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) (1) of the Divorce Code. 2. Date and manner of service of Complaint: 12/28/05 Served upon Counsel for Defendant: Richard Rupp. 3. Complete either paragraph (a) or (b): (a) Date of execution of Plaintiffs and Defendant's Affidavits of Consent required by Section 3301(c) of the Divorce Code and Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code, pursuant to Pa.R.C.P. 1920.42(e) (1): Plaintiff- /,-2./?y?,r Defendant - /;/ 10k' (b)(1) Date of execution of Plaintiffs affidavit required by Section 3301(c) of the Divorce Code: (2) Date of filing and service of Plaintiff s affidavit upon the respondent: 4. Complete the appropriate paragraphs: (a) Related claims pending: All claims have been resolved by a signed Marital Settlement Agreement. 5. (a) Date and manner of service of the notice of intention to file praecipe a copy of which is attached: By first class mail on: /-2//91 lf'. (b) Date Plaintiff s Waiver of Notice was filed with the Prothonotary: (c) Date Defendant's Waiver of Notice was filed with the Prothonotary: / 2,1yIoe GAN LAW GROUP Date Carlisle, PA 17013 (717) 241-4300 Attorney for Plaintiff I.D. No. 68721 64 South Pitt Street rri i t`J ?. SHARON L. BOOKAMIRE V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUG J. BOOKAMIRE NO. 2005 - 213 3 CIVIL TERM DIVORCE DECREE AND NOW, 0t(A k'b5A II , 1bbb , it is ordered and decreed that SHARON L. BOOKAMIRE , plaintiff, and DOUG J. BOOKAMIRE , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE By the Court, 11% t ?A Attest: J. Prothonotary eWA *7 -,z /Or 17 ""f/ -"?x F r- - e-?- ,Ow? -, -4? , M,(-, 5v - F- -- - -,:*, Q SHARON L. BOOKAMIRE, Plaintiff V. DOUG J. BOOKAMIRE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CV 05'275 : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER UPON CONSIDERATION of the Complaint for Divorce filed with the Court on January 12, 2005 and as part of the Court's Order and Decree of Dissolution of Marriage entered herein on , 2008, and in accordance with Section 414 (p) (2) and (3) of the Internal Revenue Code, as amended and Sections 206 (d) (C) and (D) of the Retirement Income Security Act of 1974 as amended, the Court enters the following Qualified Domestic Relations Order with respect to the Carlisle Syntec Inc, Inc 401(k) Plan: 1. The plans to which this Order applies: a. Carlisle Corporation Employee Incentive Savings Plan (401K) / Retirement Plan for Employees of Carlisle Corporation 2. PARTICIPANT The name, birth date, social security number and last known mailing address of the Participant is: a. Douglas J. Bookamire 10 Grinnel Drive Camp Hill, Pa 17011 b. Date of Birth: 11/19/1965 C. Social Security Number: 160 60 1313 3. ALTERNATE PAYEE The name, birth date, social security number and last known mailing address of the Alternate Payee is: a. Sharon Bookamire 124 2» a Street Enola, Pa 17025 b. Date of Birth: 8/16/1970 C. Social Security Number: 211 54 4382 The Alternate Payee is the former spouse of the Participant and Plaintiff in this case. The Participant is the Defendant in this action. 4. JURSIDICTION This Order is drawn pursuant to the laws of the State of Pennsylvania regarding the equitable Distribution of marital property (as that term is defined therein) between spouses and formal spouses in actions for dissolution of marriage. 5. AMOUNT OF BENEFIT ASSIGNED TO ALTERNATE PAYEE a. The Alternate Payee's total interest in the above referenced plans is the agreed upon sum of $17,176.52 credited to Participant's account as of September 15, 2005. The interest in the above plans is to be apportioned as follows: $5807.17 from the Carlisle Corporation Employee Incentive savings Plan and $11,369.35 from Retirement Plan for Employees of Carlisle Corporation. Participant shall retain all interest in the remaining balance of his accounts after disbursement to the alternate payee of the above stated amount of $17,176.52. b. The plan administrator shall automatically distribute, in cash, to the Alternate Payee, a lump sum payment in the amount of $ 17,176.52 as soon as practicable after the Alternate Payee's interest has been segregated and the Alternate Payee consents to such distribution. This Order specifically grants the Alternate Payee the right to receive a distribution from the Plan prior to the Participant's earliest retirement age under the Plan. 6. EXCEPTIONS OF PLAN ADMINISTRATOR This Order does not require the plan or plan administrator: a. To provide any type or form of benefit or option not otherwise provided under the plan; b. To provide increased benefits (determined on the basis of actuarial value); or c. To pay benefits to an Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. 7. DEATH OF THE ALTERNATE PAYEE AND OR PARTICIPANT The death of the Participant will not affect the payment of the benefit assigned to the Alternate Payee under this order. If the alternate Payee dies before her interest has been distributed, the Alternate Payees benefit will inure to the benefit of her children, Joshua Bookamire born 2/25/95 and Kalyn Bookamire born 9/24/97. This Order does not require the Plan to provide any type or form of benefit, or any option, not otherwise provided by the Plan. This Order does not require the Plan to provide increased benefits (determined on the basis of actuarial value.)This Order does not require the payment of benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. a. It is intended that this Order qualify as a Qualified Domestic Relations Order under the Retirement Equity Act and the provision herein shall be administered and interpreted in conformity with the Act. Specifically it is intended to be a QDRO within the meaning of Section 414 (p) of the code and Section 206(d) of ERISA. In the event the Plan administrator determines that this Order is not a Qualified Domestic Relations Order, then each party shall cooperate and do all things necessary to modify the Order so that it may be deemed a Qualified Domestic Relations Order by the Plan Administrator. 8. GROSS INCOME, ROLLOVER TAXES The distribution of the benefit to the Alternate Payee who is the former spouse of the Participant will be included in the Alternate Payee's gross income in the year in which the distribution is made, to the extent the distribution does not include any after tax contributions made to the Plan, and to the extent that the alternate payee does not elect to roll over the distribution to another qualified retirement plan or to an IRA. If the distribution made to an Alternate Payee is for child support, the distribution is included in the Participants gross income and may not be rolled over to another qualified retirement plan or to an IRA. The Alternate payee is responsible for his /her own federal state and local taxes attributable to the distribution of the benefit assigned to the Alternate Payee under this Order. The plan administrator will issue to the Alternate Payee a form 1099-R stating the gross taxable amount of the distribution. 9. CONTINUING JURISDICTION The Court retains jurisdiction to amend this Order for the purpose of establishing or maintaining its qualification as a QDRO under REA; provided that no such amendment shall require the Plan to provide any type or form of benefit, or any option, not otherwise provided under said Plan, and further provided that no such amendment or the right of the Court to amend will invalidate this Order as " Qualified" under the Act. b. A certified copy of this Order shall be served by certified mail upon the Plan Administrator forthwith, who shall promptly notify the Participant and the Alternate Payee of this order. Within a reasonable time after receipt of this Order, the plan administrator shall determine whether it constitutes a Qualified Domestic Relations Order, and shall notify the Court, the Participant, and the Alternate Payee of such determination. c. The Court retains jurisdiction to supervise the payment of retirement benefits and to modify this Order if deemed necessary and proper. APPROVED BY: OVI? Alternate y e lainti Date ?c?? 6-2? P. C2 A? I iy 16e Attorney for Plaintiff Date Address: b V !? Pt 14 Skrct- C? LISC?,, ?? / 7o/ 3 ` 1z? P ip t (Defendant) Date Attorney for Respondent / , ;,/"y/2 Date n? This Qualified domestic Relations Order is entered this a1 day of ?)U, 2008. County Court of Common Pleas i :-,I I, i U 310 HE