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Home My WebLink About05-0341 11/15/04 TRANSFERRED TO CUMBERLAND COUNTY. IN THE COURT OF COMMON PLEAS OF THE FIFTY-NINTH JUDICIAL DISTRICT OF PENNSYL VANIA NEIL CHOQUETTE, Plaintiff * COUNTY BRANCH-CAMERON VS. * CIVIL ACTION - LAW no O~. 31{/ ~ '~ - JAMA EMILIE CHOQUETTE, Defendant. * No. 2004-3019 ORDER OF COURT NOW, this 12th day of November 2004, upon consideration of Defendant's Preliminary Objections to Plaintiff's Complaint In Divorce, IT IS ORDERED AND DECREED that Defendant's Preliminary Objection is SUSTAINED whereby, pursuant to Pa,R.Civ.P, 1006(e), the above captioned matter is transferred to the Court of Common Pleas of Cwnberland County, Pennsylvania, IT IS FURTHER ORDERED AND DECREED, that Plaintiff, pursuant to Pa,R.Civ,P, 1006(e), shall pay, within 30 days of the date of this Order, all costs and fees for transfer and removal of the record from the Court of Common Pleas of Cameron County, Pennsylvania to the Court of Common Pleas of Cwnberland County, Pennsylvania, I I I I i I , I I I II I I I' ii :i 'I II i'~rue and Cermd Copy ~ertified from the !R~ords of Cameron Co. , :Penna, c[)I4ff~/~~./2/?/ O".;:>uty Prot'noncta1)' BY THE COURT: i"".} ,'-'.J .,....J " (,'~ 0:'".....1 ,'-) .j") ,~ IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY Fifty - Ninth Judicial District NO: 04- 3019 RECORDED: 08/09/04 BOOK: PAGE: 0 KIND: DIV DEBT: $ SURCHARGE: PRO: JCP FEE: SAT DATE: 0,00 10.00 40.50 10.00 11/15/04 <PLAINTIFF> 1 CHOQUETTE NEIL <DEFENDANT> 1 CHOQUETTE JAMA EMILIE AUGUST 9, 2004 - Plaintiff's Complaint in Divorce filed by GRACE SMITH FOLTZ, ESQ, SAME DATE: Certified copy of Complaint with endorsement thereon to plead to same, issued for service upon the defendant, Verification and Notice to Defendant and Plaintiff's Affidavit Under Section 3301 (d) filed, OCTOBER 15, 2004 - Entry of Appearance filed by Attorney Mary A, Etter Dissinger for defendant and Preliminary Objections in the nature of a Motion to Dismiss for Lack of Venue filed by Attorney Dissinger. Hold in file 20 days for PO's, then send to Judge for review and Order, NOVEMBER 4, 2004 - Entire file sent to Judge for Order, NOVEMBER 15, 2004 - ORDER OF COURT - NOW, this 12th day of November 2004, upon consideration of Defendant's Preliminary Objections to Plaintiff's Complaint in Divorce, IT IS ORDERED AND DECREED that Defendant's Preliminary Objection is SUSTAINED, whereby pursuant to Pa.R.Civ, p, 1006(e), the above captioned matter is transferred to the Court of Common Pleas of CUMBERLAND County, Pennsylvania. IT IS FURTHER ORDERED AND DECREED that plaintiff, pursuant to Pa.R.Civ,p, 1006(e), shall pay, within 30 days of the date of this Order, all costs and fees for transfer and removal of the record from the Court of Common Pleas of Cameron County, Pennsylvania, to the Court of Common Pleas of CUMBERLAND County, Pennsylvania, BY THE COURT /S/ Richard A. Masson, President Judge. NOVEMBER 16, 2004 - Copies sent to the Court of Common Pleas of Cumberland County, Grace Smith Foltz, Esquire for plaintiff, Mary A. Etter Dissinger, Esquire for defendant and file. frue and C()(l'atllC~ certifie<:l from the R 9COf(js af CI:lIne/mIIl (:om, Via, n~'tjtv Protho"~"c:;~~1 .-- 'V~(" .. - DISSINGER~ : DISSINGER Camp Hill Offices: 717,975,2840(voice. 717,975,3924(fax Marysville Offices: 717,957,3474(voice. 717,957,2316(fax October 11, 2004 Cameron County Prothonotary 20 East Fifth Street Emporium, PA 15834 Re: Choquette v. Choquette No. 2004 -3019 Dear Sir or Madame: Enclosed, please find an original and three (3) copies of a Praecipe to Enter Appearance and an original and three (3) of Defendant's preliminary Objections in the Nature of a Motion To Dismiss For Lack of Venue, Please file the original, time-stamp the copies and the return the copies to my office in the enclosed self-addressed stamped envelope, If you have any questions, please feel free to call my office. Very truly yours, Mary A, Etter Dissinger Attorney at Law MAED:las encl: 8 cc: Jama Choquette File 2-04-583 .... = <:::> ..c- o C") ...... UI True and Ccmec; Copy cenjfi:~>1 fro[n l,'ho R~'::x> 01 CanlC~ron Co. PUina, ~0mud7) C..;' ,.~t'.,r Prothonotary :J:>o :x 9 UI .;:- -, ;-'/i. ~~~ ~:~ ).~EJ Attorneys at Law 28 North Thirty-Second SUeet . Camp Hill, PA 1701l X 400 South State Road. Marysville, PA 17053 II ., -I; .1 IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY FAMILY COURT DIVISION Neil Choquette, 1518 Carlisle Road Camp Hill, PA 17011 Plaintiff :COURT OF COMMON PLEAS :CAMERON COUNTY : PENNSYLVANIA ,..., "'" = ..c- o n ~ vs. :NO. 2004-3019 Jama Emilie Choquette 1518 Carlisle Road Camp Hill, PA 17011 Defendant . . . " '- -->~. :FAMILY COURT DIVISIbNl ;::' ~ D ~ ! ,..~ -{:- , . ~ ~~~~~M~~A~~~~;E;~Ig~~~D~ Bj~~~ :Mary A, Etter Dissinger, Esquire :28 North 32"d Street :Camp Hill, PA 17011 : (717) 975-2840 U1 DEFENDANT'S PRELIMINARY OBJECTIONS IN THE NATURE OF A MOTION TO DISMISS FOR LACK OF VENUE And now comes Defendant, Jama Emilie Choquette, by and through her attorneys, Dissinger & Dissinger, and preliminarily objects to Plaintiff's Complaint in Divorce, pursuant to Pa.R.C,P. 1028(a) (1) as follows: This Court is not the proper venue for this matter because neither Plaintiff nor Defendant reside in this county. Wherefore, Defendant prays that the Plaintiff's Complaint in Divorce be dismissed. Respectfully Submitted, 'loa. ~ ,. . ~""-"1 )/,./;tI;cAJ~~~T'''''''' Mary A. Etter Dissingef/ Attorney for Defendant Supreme Court ID# 27736 28 North 3200 Street Camp Hill, PA 17011 (717) 975-2840 True 8"d CGTfc!c' Copy c~~\..: ;\;-8 '7' Cameron Co. , . @L~gf~ [" " l;t\.:;;1G:r;Dtd~ i II i -I IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY FAMILY COURT DIVISION Neil Choquette, 1518 Carlisle Road Camp Hill, PA 17011 :COURT OF COMMON PLEAS :CAMERON COUNTY : PENNSYLVANIA vs, :NO. 2DD4-3019 Jama Emilie Choquette 1518 Carlisle Road Camp Hill, PA 17011 :FAMILY COURT DIVISION Certificate of Service I, Mary A. Etter Dissinger, do hereby certify that a copy of the foregoing document has been duly served upon Grace Smith Foltz, Attorney for Plaintiff, by depositing same in the United States Mail, postage prepaid, addressed as follows: FOLTZ & ASSOCIATES, LLC Grace Smith Foltz, Esquire 12 Garrett Road Upper Darby, PA 19082 Date: /d 1;;_ (J,Y '/;:1~.I) .>tt Mary A, Etter Dissinger Attorney for Defenda~t - (.J\ ~ a .. __,Co"~ (.J\ (.J\ Tr"~ "'~d "Mm,,' Copy ,_,.::; __If J \..'l.~. ..."<.,.--.'" cctt:fif-:C; (<~i'{i , " -::C), Ca.m(:'fon Co, ,;n':i Ql~~-- ,/ IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY FAMILY COURT DIVISION Neil Choquette, 1518 Carlisle Road Camp Hill, PA 17011 Plaintiff :COURT OF COMMON PLEAS :CAMERON COUNTY : PENNSYLVANIA vs. :NO, 2004-3019 Jama Emilie Choquette 1518 Carlisle Road Camp Hill, PA 17011 Defendant :FAMILY COURT DIVISION :PRAECIPE TO ENTER APPEARANCE :FILED ON BEHALF OF DEFENDANT BY :Mary A. Etter Dissinger, Esquire :28 North 3200 Street :Camp Hill, PA 17011 : (717) 975-2840 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Jama Emilie Choquette, in the above-referenced matter. Respectfully Submitted, ~~ ()(ICi:C ~--f~ Mary A, Etter Dlsslnger U Attorney for Defendant Supreme Court ID# 27736 28 North 3200 Street Camp Hill, PA 17011 (717) 975-2840 ..... <=> = .r- o ("") -4 TruE and CGrrc.:~ Copy ~(:"( the , U1 .~ :'" ~~-gt~ F 1-o'r1;::;"..,;;L?(~l of Cameron Co. ==- :x '? U1 ~ ~~i,t3 -,- ;J:I ~.~O II , , l; . (\ II , ! I I IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY FAMILY COURT DIVISION Neil Choquette, 1518 Carlisle Road Camp Hill, PA 17011 ;COURT OF COMMON PLEAS :CAMERON COUNTY ; PENNSYLVANIA vs, :NO, 2004-3019 Jama Emilie Choquette 1518 Carlisle Road Camp Hill, PA 17011 ;FAMILY COURT DIVISION Certificate of Service I, Mary A. Etter Dissinger, do hereby certify that a copy of the foregoing document has been duly served upon Grace Smith Foltz, Attorney for Plaintiff, by depositing same in the United States Mail, postage prepaid, addressed as follows: FOLTZ & ASSOCIATES, LLC Grace Smith Foltz, Esquire 12 Garrett Road Upper Darby, PA 19082 Date: /4 /; J. ,I J,Y '~~i'c~~,~ " Mary . Etter Dissing~ Attorney for Defendant ..... = = ..,.. o ("') -i U1 ':1<' ;"no Ctim.,')~ Copy >.';rtlr!8d 'frorn ';'~"'<"'"';"'i".....,lo ""l' C"'I'",j-~'''O'''' Co ,"\,~._...l.;.~,", w - Ctl. :,...',.1 oj; ,$ . F'c-nna. """ :x 9 U1 """ , 't~~l ;P>(J (7h I&wzJ ~ ~__..e.,_.._._- r'~ ., .., ~, IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY FAMILY COURT DIVISION FOLTZ & ASSOCIATES, LLC BY: GRACE SMITH FOLTZ, ESQUIRE ATTORNEY ID: 75434 12 Garrett Road Upper Darby, PA 19082 (610)352-1755 NEIL CHOQUETIE 1518 Carlisle Road Camp Hill, PA 17011 COURT OF COMMON PLEAS CAMERON COUNTY PENNSYLVANIA vs. NO. 2004 - 3D /1 FAMILY COURT DIVISION ~ = c::::::. or" JAMA EMILIE CHOQUETTE 1518 Carlisle Road Camp Hill, Pa 17011 :l:"'" c"'_: C) I I.D ~ ---'-'" NOTICE TO DEFEND C:J .~... U1 You have been sued in Court. If you wish to defend the claims set forth in the following pages you must take action within (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forty against you, You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed or for any other claim or relief requested by the Plaintiff, You may lose property or other rights important to you, 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. True a.n~.1 CtJrrB'::~ Copy [,")0'i f)r! DAVID J. REID-PROTHONOTARY Cameron County Court 20 E. 5th Street Emporium, Pa 15834 (814) 486-3349 F. .'-":J:::::~'-':: C;.:rncran CO. p~':lnIFL ?;h !VJvnJ Y3-/fn,(;(;/U ~~~'" ,.,_..._~-- , FOLTZ & ASSOCIATES, LLC BY: GRACE SMITH FOLTZ, ESQUIRE ATTORNEY ID: 75434 12 Garrett Road Upper Darby, PA 19082 (610) 352-1755 NEIL CHOQUETTE 1518 Carlisle Road Camp Hill, Pa 17011 : COURT OF COMMON PLEAS CAMERON COUNTY PENNSYLVANIA : : : : NO. 2004- JGI1 FAMILY COURT DIVISION vs. : JAMA ETIENNE CHOQUETTE 1518 Carlisle Road Camp Hill, Pa 17011 : : : COMPLAINT IN DIVORCE I. Plaintiff, Neil Choquette resides at 1518 Carlisle Road, in the County of Camp Hi~ .... .~J c. ~ :.'t1 Commonwealth of Pennsylvania, , :.:/1 I 2. Defendant, Jama Etienne Choquette resides at 1518 Carlisle Road, in th~ County oP ~ ~ Camp Hill, Commonwealth of Pennsylvania, , , , C:::l ':'.... .r:- 3, The Plaintiff and the Defendant have been living in the same house, buthavelived01 ':.' \'.~-~ separate and independent lives since September 03,2001. 4. The Plaintiff and Defendant are live in the same house for financial reasons and to create the appearance of a secure home for the benefit of minor child. 5, The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than (6) six months immediately preceding the filing of this complaint. 6. The parties were mamed on May 29, 1982 in Lernoyne, PA (attached hereto is a copy of the mamage c'i~,crl~' (;orra.0,1 Cepy "from tho t;anH'}rOr~ Coo. CJJ4!!:!'!Jzf:??l~ r " ',' '. ' 7. Neither the Plaintiff nor the Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940 and its Amendments. 8. There has been no prior action for divorce or annulment constituted by either of the parties in this or any other jurisdiction. 9, The Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling, COUNT 1 REOUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301 (C) OF THE DIVORCE CODE 10. Plaintiff hereby incorporates paragraphs I through 8 as if the same were herein set forth at length, . , ;, \ "') .::::'.:) C.::l 11. Ninety (90) days have elapsed from the filing and service of this complplnt, ):It;, (.:::: G~ I \..D 12. The marriage of the parties is irretrievably broken, I i ~~ ,~ 13. The Plaintiff intends to file an Affidavit consenting to divorce, Plaintifrb~littves t~ii.t the, 01 Defendant will also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after the ninety days have elapsed from the date of filing and service of this complaint, the Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code, COUNT II REOUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE 14, Plaintiff hereby incorporates 1 through 8 as if the same were herein fully incorporated. 15. The marriage of the parties is irretrievably broken. , :,.{o' ':mo Cr,YIS!J\. Copy l~rorr~ th<3 ~c(ds of Can!eron Co\, ,-;);'dti/lz) 7f~ .. - - . 16, The parties are living in the same house separate but independently of each other and at the appropriate time, the Plaintiff will submit an Mfidavit alleging that the parties have lived in the same house, but maintained separate and independent lives for two (2) years as specified under Section (d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce pursuant to Section 3301 (d) of the Divorce Code, Respectfully Submitted FOLTZ & .. TES,LLC BY: GRX r-.> .-_7'''''> ~"!.;~ :-.c~ t..-= (j'") I <-D ?~ LJ ~;~ (.)1 True and Corre..n Copy certified from th{~ RC,"Clrds ~'f (~-'""".on Co """~'''''"'.. 'I.. ",:,-,' " ~.,::: j, . \0 P:3Jna. @~~ (', l;~;':(}~r}ry ~ ,--,-~-"~- ~ i i ~\.;t-: ~r~ 1 '~', ~ ~~ ~ ~ ~ ~-~ ~ :.\ A'~ ''t!' ~ --rl _.... ,,\U .~ ~ ~ i ,1> i ~ t,~j;, ~A~~ ~ j (-4\ ,1 ~ \LJ ~\, j \ ~ R ~ @ .g iii' i ~ ~ i' ~ ~ .~ ,t ~ ~P\ ~~ \,!S \ '11 ~ ~ .~~1 <.>I c-T W-11"\ d ~ c) 1,-, "..------.... ,r \ , , - l! ~ '!\ ~ 1 ~ i ii. ~ , ' ~ 1 , . " :s . . T"",,.nd ",,- cJ. \ cen.; H-8d tfO':l'~ Q-'t3 ';~:ri'n0mn Co. Penn[;\" ~2f!}!Ldv -' !:L,..:'f' ,,'.' ,ri-,M . .: _ <__ ,"'.....,,"7 6;1-<$>:0t'3t :01. ~i~ f, \ ~ \ ~ <4> \ ~ o , , 1 . II . r-> t,,".:) ,',:) ~. :~~ ~. -~~ ~) I >,j) t r "\-,.. " -,.... "t.? i:W <.f' ',,' :wo~ Gt:t0 ~- VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are subject to the penalties of 18 PA.C. S., Subsection 4904, relating to unsworn falsification to authorities. Date: 7 I .J,:J- ' d -- NeilCh r :u;;,and, Co.rrect Copy ".,.c;'''''led !rom the ;cords of Cameron Co. h;.:nna. WftvnJ rzf///Zd:/V """n"'" .~. ' L'.~I.,.!;';:l,:/ t-'~ro':niJl iotary t-> ,.",:,,::1 ~~~ :.,X'- c' C;1 I ill -;.:;;.. -c.'" (~? ..!.~- (,)1 \ FOLTZ & ASSOCIATES, LLC BY: GRACE SMITH FOLTZ, ESQUIRE ATTORNEY ID: 75434 12 Garrett Road Upper Darby, PA 19082 (610) 352-1755 NEIL CHOQUETTE 1518 Carlisle Road Camp Hill, P A 17011 COURT OF COMMON PLEAS CAMERON COUNTY PENNSYL VANIA vs, NO. 200~-3c; 11 FAMILY COURT DIVISION JAMA EMILIE CHOQUETTE 1518 Carlisle Road Camp Hill, PA 17011 NOTICE If you wish to deny any of the statements set forth in the affidavit, you must file a counter-afl;i$vit within twenty days after this affidavit has been served on you or the statements will ~ admi~, ~~ -_.:" 1. The parties to this action separated in September 2001 and have continued tOilivesepl\!'!lte i .' and apart for a period of at least two years, '" f..~ Ul PLAINTIFF'S AFFIDAVIT UNDER SECTION 330H d): OF THE DIVORCE CODE ....~JlI c:-: (I"" I \.0 2, The marriage is irretrievably broken, 3. 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, I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S, ~4904 relating to unsworn falsifications to authorities, 'l J-/ , ?~t,~;~,.<'i';;".&,~ - (5 / ~ t . ,'~' (:( (~1:;n(:-'ron CC~. . .,," ... -- ,. (~.2t~ . ,",:'/:'F:c..:" ':I r r I ~ -.. ~ -:, <:> <.>0\ -f, po F .. S> o 'bi r r ~ C) ...., C:.:--\ '.', ~1 <- :"i.:... ",0 -co ..-' (:i~ ,-"' ~!: " f:\',~\J ;.?c) +; ~-;) :'-:-'\ - ( q o JOANN SMITH - / !., I B14_4B6-9330 I~ {It); ~~L<A. ~ i ; All} (liW-' pi UxiU IU LUG '1/ , ..~ ~{~Uc YU:!aw ~ flV Jv6, .~ j}W II tev jF jJ &'L-U . 11;{lLL JJ \ I ()Jr)_fAC-W. ?' () /, iY/tL-;t;Y , ;!p'~ (rj;t}X~ a~J:druh p K~. 1>> ,AS OF CAMERON COUNTY ~ial District DEBT: $ SURCHARGE: PRO: JCP FEE: SAT DATE: 0.00 10.00 40.50 10.00 11/15/04 E NEIL JAMA EMILIE 1 Divorce filed by GRACE SMITH FOLTZ, thereon to plead to V 3 O( Dj tc Plaintiff's Affidavit Under Section .ed by Attorney Mary A. Etter ections in the nature of a Motion Dissinger. to Judge for review and Order. NO_a-e for Order. N01 ";vuKT - NOW, this 12th day of November 2004, upc __vu OJ: Defendant's Preliminary Objections to Plaintiff's Corr~~d1nt in Divorce, IT IS ORDERED AND DECREED that Defendant's Preliminary Objection is SUSTAINED, whereby pursuant to Pa.R.Civ. P. 1006(e), the above captioned matter is transferred to the Court of Common Pleas of CUMBERLAND County, Pennsylvania. IT IS FURTHER ORDERED AND 1006(e), shall pay, within 30 fees for transfer and removal Cameron County, Pennsylvania, County, Pennsylvania. BY THE COURT /S/ Richard A. Masson, President Judge. NOVEMBER 16, 2004 - Copies sent to the Court of Common Pleas of Cumberland County, Grace Smith Foltz, Esquire for plaintiff, Mary A. Etter Dissinger, Esquire for defendant and file. DECEMBER 1, 2004 - Attorney Dissinger's Secretary telephoned and asked if we would forward a "duplicate" set of the transfer documents to Cumberland County, as they could not locate the original. Duplicates forwarded by regular mail to Cumberland County Courthouse. DECREED that plaintiff, pursuant to Pa.R.Civ.p. days of the date of this Order, all costs and of the record from the Court of Common Pleas of to the Court of Common Pleas of CUMBERLAND 12/01l04...\VFJj14:35 FAX 716 375 4870 . Complete Items 1, 2, ond 3. Also complete item 4 If Restricted DelIvery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attech this card to the back of the mallplece, or on the front if space pennlts. 1, Article Addressed to: ~JtidMtL IkdjC // /~~~ ~ p /} /1tJ/3-3tJlf . 2. Article Numbe 10/0 (Transfer from service label) PS Fonn 3811, March 2001 MICROSOURCE li!I" "" DEx elum RllCelpt for Merchandise Fee) 0 Yes Domestic: Return ReceIpt 102595-C1-M--1424 12/01/04 WED 14:19 FAX 716 375 4EO MICROSOURCE I4J 002 IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY Fifty - Ninth Judicial District NO: 04- 3019 RECORDED: 08/09/04 BOOK: PAGE: 0 KIND: DIV DEBT: $ SURCHARGE: PRO: JCP FEE: SAT DATE: 0.00 10.00 40.50 10.00 11/15/04 <PLAINTIFF> 1 CHOQUETTE NEIL <DEFENDANT> 1 CHOQUETTE JAMA EMILIE AUGUST 9, 2004 - Plaintiff's Complaint in Divorce filed by GRACE SMITH FOLTZ, ESQ. SAME DATE: Certified copy of Complaint with endorsement thereon to plead to same, issued for service upon the defendant. Verification and Notice to Defendant and Plaintiff's Affidavit Under Section 3301 (d) filed. OCTOBER 15, 2004 - Entry of Appearance filed by Attorney Mary A. Etter Dissinger for defendant and Preliminary Objections in the nature of a Motion to Dismiss for Lack of Venue filed by Attorney Dissinger. Hold in file 20 days for PO's, then send to Judge for review and Order. NOVEMBER 4, 2004 - Entire file sent to Judge for Order. NOVEMBER 15, 2004 - ORDER OF COURT - NOW, this 12th day of November 2004, upon consideration of Defendant's preliminary Objections to Plaintiff's complaint in Divorce, IT IS ORDERED AND DECREED that Defendant's Preliminary Objection is SUSTAINED, whereby pursuant to Pa.R.Civ. P. 1006(e), the above captioned matter is transferred to the Court of Common Pleas of CUMBERLAND County, Pennsylvania. IT IS FURTHER ORDERED AND DECREED that plaintiff, pursuant to Pa.R.Civ.P. 1006(e), shall pay, within 30 days of the date of this Order, all costs and fees for transfer and removal of the record from the Court of Common Pleas of Cameron County, Pennsylvania, to the Court of Common Pleas of CUMBERLAND County, Pennsylvania. BY THE COURT /S/ Richard A. Masson, President Judge_ NOVEMBER 16, 2004 - Copies sent to the Court of Common Pleas of Cumberland County, Grace Smith Foltz, Esquire for plaintiff, Mary A. Etter Dissinger, Esquire for defendant and file. frue and Corr@'I!.tCOMf certified from tMe Records 01 CSrmlw;oo Ot<\. P."~n~). ........ ,~, // ....1 " (;;./'.1'4/2/<;21;;; /2-a/b n~'lltv PrO!h"'r~~';~:'~~'l-"" - ==' . .1~rVl~,~ 12/01/04 \\'ED 14: 18 FAX 716 375 4870 MI CROSOURCE .- -- 14J001 DAVID J. REED - EXT. 9327 PROTHONC:TARY REGISTER OF WilLS RECORDER OF DEEDS CLERK OF THE COURTS OFFICE: 814-486-3349 814-486-3355 FAX 814.465-D464 Q[ameron Q[ountp QCourtbouse 20 flEa~t jfiftlJ .i5>treet ~111poritlnt.lBenl1~!,lbi1l1in 15834 I/l)Uice 0(: November 16, 2004 Cumberland County Courthouse Clerk of Family Courts 1 Court House Square Carlisle, PA 17013-3387 RE: Case #2004-3019 Neil Choquette vs. Jama Emilie Choquette Gentlemen: By Order of Court dated November 12, 2004, the Court has instructed this office to transfer the above-captioned case to CUMBERLAND County_ Enclosed, please find certified copies of all documents concerning the divorce. By copy of this letter I am notifying the Plaintiff and Defendant. I assume the attorneys active in the case will contact your office to take care of any filing/recording fees. If you have any questions, please do not hesitate to contact our office_ Yours very truly, \~ ---.-..... ... /" ~ .--.- .~~. ('.. ~ '...' ,:7 ~ ___ -C7 ---. \ --' ...,.~ " --~ ,._~-...... ., \ ~ ~ -<" ---""'---~a~i~ J. ~. '~';l-._6.<_"",,,-- '--> Prothonotary DJR/jas Enclosures cc: Grace Smith Foltz, Esquire for Plaintiff Mary A. Etter Dissinger, Esquire for Defendant File JDeputi e~. KATHY LEWIS - EXT 9329 JOANN SMITH - EXT. 9330 12/01/04 WED 14:19 FAX 716 375 4870 MICR.o~OURCE DISSINGER DISSINGER Camp Hill Offices: 717.975.2840/voice . 717.975.3924/fax Marysville Offices: 717.957.3474/voice. 717.957.2316/fax October 11, 2004 Cameron county Prothonotary 20 East Fifth Street Emporium, PA 15834 Re: Choquette v. Choquette No. 2004-3019 Dear Sir or Madame; Enclosed, please find an original and three (3) copies of a Praecipe to Enter Appearance and an original and three (3) of Defendant's preliminary Objections in the Nature of a Motion To Dismiss For Lack of Venue. Please file the original, time-stamp the copies and the return the copies to my office in the enclosed self-addressed stamped envelope. If you have any questions, please feel free to call my office. Very truly yours, Mary A. Etter Dissinger Attorney at Law MAED: las encl: 8 cc; Jama Choquette File 2-04-583 AIIOFI1CYS al Law 28 North Thirty-Secoud Street.. Camp Hill, PA 17011 )( 400 South State Road. Marysville, PA 17053 N e'.':) 23 o n -I UI :D> ::''l: '2 UI ..,.. I4J003 12/01/04 WED 14:21 FAX 716 375 4870 _MI CROSOURCE I4J 00 IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY FAMILY COURT DIVISION !Neil :1518 ICamp ! i , Choquette, Carlisle Road Hill, PA 17011 Plaintiff :COURT OF COMMON :CAMERON COUNTY : PENNSYLVANIA PLEAS ..., = = ~(..- Q n -t vs. :NO. 2004-3019 CJ1 iJama '1'1518 Camp ! Emilie Choquette Carlisle Road Hill, PA 17011 Defendant : FAMILY COURT DIVISION' "'" , .' ::u::;~',' ~ PRELIMINARY OBJECTIbN'~ f-J 9 ~~::~; : FILED ON BEHALF OF bEFENDAMl B't.'"d :Mary A. Etter Dissinger, Esquire :28 North 32~ Street :Camp Hill, PA 17011 : (717) 975-2840 DEFENDANT'S PRELIMINARY OBJECTIONS IN THE NATURE OF A MOTION TO DISMISS FOR LACK OF VENUE j I i Iher attorneys, Dissinger iPlaintiff's Complaint in I , !as follows: And now comes Defendant, Jama Emilie Choquette, by and through & Dissinger, and preliminarily objects to Divorce, pursuant to Pa.R.C.P. 1028(a) (1) This Court is not the proper venue for this matter because , ! I Ineither ( Plaintiff nor Defendant reside in this county. Wherefore, Defendant prays that the Plaintiff's Complaint in i I I . tD1 vorce be dismjssed. Respectfully Submitted, ~ '\ . -. '-~"""~ !A/'f;tr;c~~~:~ Mary A. Etter Dissinge~;I Attorney for Defendant Supreme Court 1D# 27736 28 North 32~ Street Camp Hill, PA 17011 (717) 975-2840 41I0U~ 12/01/04 WED 14:22 FAX 716 375 4870 MICROSOURCE IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY FAMILY COURT DIVISION Neil Choquette, 151S Carlisle Road Camp Hill, PA 17011 :COURT OF COMMON PLEAS :CAMERON COUNTY : PENNSYLVANIA vs. :NO. 2004-3019 Jama Emilie Choquette 1518 Carlisle Road Camp Hill, PA 17011 :FAMILY COURT DIVISION Certificate of Service I, Mary A. Etter Dissinger, do hereby certify that a copy of the foregoing document has been duly served upon Grace Smith Foltz, Attorney for Plaintiff, by depositing same in the united States Mail, postage prepaid, addressed as follows: FOLTZ & ASSOCIATES, LLC Grace smith Foltz, Esquire 12 Garrett Road Upper Darby, PA 19052 Date: /d!/J-(di Jt~ /~'---J_A'25-'. Mary A. Etter Dissinger Attorney for Defenqant - (.T\ ~ l2 (J1 (.T\ , , 12/01/04 WED 4:22 FAX 716 375 4870 MICROSOURCE I4J 00.3 IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY FAMILY COURT DIVISION Neil Choquette, 1518 Carlisle Road Camp Hill, PA 17011 Plaintiff :COURT OF COMMON PLEAS :CAMERON COUNTY : PENNSYLVANIA vs. :NO. 2004 - 3019 Jama Emilie Choquette 1518 Carlisle Road Camp Hill, PA 17011 Defendant :FAMILY COURT DIVISION :PRAECIPE TO ENTER APPEARANCE :FILED ON BEHALF OF DEFENDANT BY :Mary A. Etter Dissinger, Esquire :28 North 32~ Street :Camp Hill, PA 17011 : (717) 975-2840 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Jama Emilie Choquette, in the above-referenced matter. Respectfully Submitted, ~o.--- (J(lx;:;c AA-~.~, Mary A.1 Etter Dissinger (J Attorney for Defendant Supreme Court ID# 27736 28 North 32nd Street Camp Hill, PA 17011 (717) 975-2840 ...., = <::> _L- <::) ,-" -I (JJ "'" 3. <? Ul oj;"" 12/01/04 WED 14:23 FAX 716 375 4870 Ii ,i ii, ii j, , ,. 1: i I " IIICROSOURCE IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY FAMILY COURT DIVISION , i INeil Choquette, (1518 Carlisle Road icamp Hill, PA 17011 IJama 11518 iCamp I i I , I i i I I I :COURT OF COMMON PLEAS :CAMERON COUNTY : PENNSYLVANIA vs. :NO. 2004-3019 Emilie Choquette Carlisle Road Hill, PA 17011 :FAMILY COURT DIVISION Certificate of Service I4J 004 I, Mary A. Etter Dissinger, do hereby certify that a copy of 1 jthe foregoing document has been duly served upon I IAttorney for Plaintiff, by depositing same in !Mail, postage prepaid, addressed as follows: , I I , !Date: I Grace Smith Foltz, the United States FOLTZ & ASSOCIATES, LLC Grace Smith Foltz, Esquire 12 Garrett Road Upper Darby, PA 19082 /6 II:). / d'y '71~lt~,k\ ~lg,~~ Mary _ Etter'Dissing~ Attorney for Defendant "" = C==' .J:.~ c:> C~ -i 01 ". :x i.5 CJ1 ...- 12/01/04 WED 14:24 FAX 716 375 4870 !!ICROSOURCE !?JOG5 IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY FAMILY COURT DIVISION FOLTZ & ASSOCIATES, LLC BY: GRACE SMITH FOLTZ, ESQUIRE ATTORNEY ill: 75434 12 Garrett Road Upper Darby, P A 19082 (610) 352-1755 NEIL CHOQUETTE 1518 Carlisle Road Camp Hill, PA 17011 COURT OF COMMON PLEAS CAMERON COUNTY PENNSYLVANIA VS. NO. 2004 - 3 () /1 FAMILY COURT DIVISION ,..., ,~'~.:) {:.",~:'l JAMA EMILIE CHOQUETTE 1518 Carlisle Road Camp Hill, Pa ] 7011 :.,~,-. ,~:;-') I \..0 NOTICE TO DEFEND !:.. r,Jl You have been sued in Court. If you wish to defend the claims set forth in the following pages you must take action within (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forty against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed or for any other claim or relief requested by the Plaintiff. You may lose property or other rights important to you. YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. IFYOU 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. DAVID J. REID-PROTHONOTARY Cameron County Court 20 E. 5th Street Emporium, Pa 15834 (814) 486-3349 12101104 WED 14: 24 FAX 716 375 4870 .MICRDSDURCE I4JOD6 FOLTZ & ASSOCIATES, LLC BY: GRACE SMITH FOLTZ, ESQUIRE ATTORNEY ID: 75434 12 Garrett Road Upper Darby, P A 19082 (610) 352-1755 NEIL CHOQUETIE 1518 Carlisle Road Camp Hill, Pa 17011 COURT OF COMMON PLEAS CAMERON COUNTY PENNSYLVANIA vs. NO. 2004- .3/)/9 JAMA ETIENNE CHOQUETTE 1518 Carlisle Road Camp Hill, Pa 17011 FAMILY COURT DIVISION COMPLAINT IN DIVORCE 1. Plaintiff, Neil Choquette resides at 1518 Carlisle Road, in the County of Camp Hillt (....l :,::;:.0 Commonwealth of Pennsylvania. I 2. Defendant, lama Etienne Choquette resides at 1518 Carlisle Road, in the County oeD Camp Hill, Commonwealth of Pennsylvania. (:5 3. The Plaintiff and the Defendant have been living in the same house, but have lived''>' .~::"" separate and independent lives since September 03, 2001. 4, The Plaintiff and Defendant are live in the same house for financial reasons and to create the appearance of a secure home for the benefit of minor child. 5. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than (6) six months immediately preceding the filing of this complaint. 6. The parties were married on May 29, 1982 in Lemoyne, P A (attached hereto is a copy of the marriage certificate). -.1~/OJL04_WED 14:25 FAX 716 375 4870 JII CROSDURCE I4J007 7_ Neither the Plaintiff nor the Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940 and its Amendments. 8. There has been no prior action for divorce or annulment constituted by either of the parties in this or any other jurisdiction. 9. The Plaintiff has been advised ofthe availability of counseling and ofthe right to request that the Court require the parties to participate in counseling. COUNT I REOUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301 (C) OF THE DIVORCE CODE 10. Plaintiff hereby incorporates paragraphs I through 8 as if the same were herein set forth at length. "J t::;',) -r:::; ."!':;;'~ I I. Ninety (90) days have elapsed from the filing and service of this compl;1int. (.~:.: \:") I \",J 12. The marriage ofthe parties is irretrievably broken. .' ,-. 13. The Plaintiff intends 10 file an Affidavit consenting to divorce. PlaintifIbelieves th.l.t the '. .','.f '~'" " , (.ii Defendant will also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after the ninety days have elapsed from the date of filing and service ofthis complaint, the Plaintiffrespectfully requests the Conrt to enter a Decree of Divorce pursuanllo Section 3301 (c) of the Divorce Code. COUNT 11 REOUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE 14. Plaintiff hereby incorporates I through 8 as if the same were herein fully incorporated. 15. The marriage ofthe parties is irretrievably broken. 12/0]/04 WED 14:26 FAX 716 375 4870 MICROSOllRCE @008 16. The parties are living in the same house separate but independently of each other and at the appropriate time, the Plaintiff will submit an Affidavit alleging that the parties have lived in the same house, but maintained separate and independent lives for two (2) years as specified under Section (d) ofthe Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce pursuant to Section 3301 (d) of the Divorce Code. Respectfully Submitted FOLTZ & ATES,LLC QUIRE C'" '.:~.7 C-:1 :,-;:"" (::: (1-") I l,O ~~ c:3 .!:"'" ()1 12/01/04 WED 14: 26 FAX 716 375 _4810-_ ".....~......._.~- ____J'-ICROSOURCE 14J009 -~,--,-,~*,-~",;---,-'~,-",'-'-"""'-"''''':- \", ~' ,i' ~ l ~ ~Jj ;;; ~ r-[ =~ f.', ~" u '-+-> .~ <>< ,:\~~ ~~ ~i I ! i , it l! I h~ ~... ell-:!!' j ~~ ! ' ~ ~~~ ~ j ~ I j .5 ~ ]"- "S' ~ -.:( ~ '4 ~ 'I:: .; ~! ~ r \JJ'i ~ I i 11< il ~ ... j s ~ ~ i lA ti ~ ~ I" ! I 13 .EP ~ ~I i~ ^~ j ~ J ~.!.! I ~ (-<I I . l:: ~ i ~ J A ~ ! -S" g ~ u; .;i "., I - ".~ ) ~t) ?<:;\'0~9~:01 ~ ctb . -;;-- -.--" ... t '!\ 1 l't' .... 1 t I if, : 6' ~ 1 II :!l if . t1 r. 'I, '. ~! :t". ',.._-~ I;;) I 1I:) c.) kl'.:'" (.;1 ;j :wo~~ 6t:~0 v002-B-lnr 12/01/04 WEDl..4: 26 FM.716 375. 4870 MICRO SOURCE 14J0l0 VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are subject to the penalties of 18 PA.C. S., Subsection 4904, relating to unsworn falsification to authorities. Date: 7' ..22- - Otj --- ------ e c t..:;) ':::;:1 :"~:;= '~J. .,S , . (,-) I '"Q (~') ,,~~.... ()l 12101/04 WED 14:27 FAX 716 375 4870 MICRO SOURCE 14J0 11 FOLTZ & ASSOCIATES, LLC BY: GRACE SMITH FOLTZ, ESQUIRE ATTORNEY ID: 75434 12 Garrett Road Upper Darby, P A 19082 (610) 352-1755 NEIL CHOQUETTE 1518 Carlisle Road Camp Hill, PA 17011 COURT OF COMMON PLEAS CAMERON COUNTY PENNSYL VANIA vs. NO. 200~ -30 11 FAMILY COURT DIVISION JAMA EMILIE CHOQUETTE 1518 Carlisle Road Camp Hill, PA 17011 NOTICE If you wish to deny any ofthe statements set forth in the affidavit, you must file a counter-afliUl/lvit within twenty days after this affidavit has been served on you or the statements Will ~e admitfia. PLAINTIFF'S AFFIDAVIT UNDER SECTION 330Hd) OF THE DIVORCE CODE . ( ~:: G') I \.0 1. The parties to this action separated in September 2001 and have continued to Jive sepa'tJlte and apart for a period of at least two years. .;,~ (n 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifJ do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statemen1s herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsifications to authorities. ~ ~ _,// ,~" L / ... / /'~P]~inl1f . Date: '1- ;L:L - {) 7' (; 12/01104 WED 14: 29 FAX 716 375 4870 MICROSOURCE IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY, PENNSYLVANIA FOLTZ & ASSOCIATES, LLC BY: GRACE P. SMITII-FOLTZ, ESQUIRE ATTORNEY ID: 75434 12 Garrett Road Upper Darby, PA 19082 (6]0) 352-7155 Attorney for Plaintiff(s) NEIL CHOQUETTE 1518 Camp Hill Road Camp Hill, PA 17011 COURT OF COMMON PLEAS F AMIL Y COURT DIVISION No: 2004-3019 Vs. JAMA EMILIE CHOQUETTE 1518 Carlisle Road Camp Hill, PA 17011 AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: I, Grace Smith-Foltz, depose and say that 8/1912004, I mailed a copy of the Complaint in Divorce, Plaintiffs Affidavit Under Section 3301 (d) along with Counter Affidavit Under Section 3301 (d) of the Divorce Code via certified mail, restricted delivery. Along with the accompanying Counseling Notice by Certified Mail, Restricted Delivery. (See Return Receipt attached hereto). FOLTZ & ASSOCIATES, LLC ....., t'.':::) = " ..... 0 " --l CO .." ::J&: - .. W N 14J0 15 . !':~&~' j~:~ \"ED 14:29 FAX 716 375 4870 12/01/04 , MJ CROSOURCE 19J016 ~: ...... .:t" g~=~ ~~ CJ U} 'f'- .CJ To/a'''''_._ $ .:t" CJ CJ .f'- 12/0ll04 WED 14: 32 FAX 716 375 4B70 MICROSOURCE @018 IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY, PENNSYLVANIA FOLTZ & ASSOCIATES, LLC BY, GRACE P. SMITH-FOLTZ, ESQUIRE ATTORNEY ID: 75434 12 Gamtl Road Upper Darby, PA 19082 (610) 352-7155 Attorney for Plamtifi( s) NEIL CHOQUETTE 1518 Camp HilI Road Camp Hill, PA 1701 I Vs. lAMA EMILIE CHOQUETTE : 1518 Carlisle Road Camp Hill, PA 1701 I FAMILY COURT DIVISION NO: 2004-3019 , (: I \ !. " ',' - 1 ':.:::", ) \ ':.'~",: NOTICE OF INTENTION TO REOUEST ENTRY OF DNORCE DE~R$E ~J,; A j t;~ TO: Jama Emilie Choquette: /' ", = = .>:"' <=:) <-.. -I co -0 ::s: -'n '.':1',-, ';g~~ - .. (.,.) N PLAINTIFF intends to file with the court the attached Praecipe to Transmit Record on or after 9/29/2004, requesting that a final decree in divorce be enter 12/01/04 WED 14:33 FAX 716 375 4870 11ICROSOURCE IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY OF PENNSYLVANIA FOLTZ & ASSOCIATES, LLC BY: GRACE SMITH FOLTZ, ESQUIRE ATTORNEY ID: 75434 12 Garrett Road Upper Darby, P A 19082 (610) 352-7155 NO: 2004-3019 FAMILY COURT DIVISION NEIL CHOQUETTE 1518 Camp Hill Road Camp Hill, PA 17011 Vs. lAMA EMILIE CHOQUETTE 1518 Carlisle Road Camp Hill. PA 17011 PRAECIPE TO TRANSMIT RECORD 5, Grounds for divorce: _Section 53301 (c) of the Divorce Code X Section Ii 3301 (d) of the Divorce Code, 6, (a) Date complaint filed 8/9/2004 (b) Date of service of the complaint: 8/2112004 (c) If service 30 days after date of filing, date complaint reinstated: N/A (d) Manner of service of the complaint: X Certified mail, restricted delivery to and return receipt signed by defendant First-class mail-not returned, certified mail refused, 15 days have elapsed Dated of mailing; Date certified mail refused: _ Personal service by Sheriffandlor Deputy Sheriff _ Personal service by competent adult other than Shcriff (Affidavit attached) ~ Acceptance of service (Copy attached) _ By publication pursuant to Order of Court (Copy of Order attached) 7. (a) AffidaVit of consent required by Section 3301 (c) of the Divorce Code: 14J021 ....., '-"" t:;;:, .~- Q " --I CO -U :x ';,f:l ;;:,'Q i5 ;~~i - ,. fA N 12/01/04 WED 14:34 FAX 716 375 4870 mCROSOURCE Date of execution: plaintiff defendant Date offiling: plaintiff defendant (b) Plaintiff's affidavit reguired by Section 3301 (d) of the Divorce Code: Date of execution: 7/22/2004 Date of filing: 8/9/2004 Date of service upon defendant: 8/21/2004 Manner of service: Certified Mail-Return receipt requested Related claims pending: NONE 8. (a) Date of service of the notice of intention to file praecipe to transmit, a copy of which is attached: October 0 L 2004 Maimer of service: Re!!ular mail (b) Date waiver of notice to file praecipe to transmit was filed with the Prothon?tary By plaintiff: I. , By defendant: r~ VERIFICATION S:, I verify that the statements made in this praecipe are true and correct. I understand that false statements herein are made subject (0 the penalties of 18 Pa.C.S.A. S 49 relating to unsworn falsi/ieation to authorities. October 6, 2004 Date / 14J022 N "'" ,'" _r- e C') -j 0;) -0 :E: ,;~ -...... "f'" ."....,....r W N i~~ ~;2 J~_~; _.}, "...~ NEIL CHOQUETTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JAMA EMILIE CHOQUETTE, Defendant NO. 05-341 IN DIVORCE ACCEPTANCE OF SERVICE I, Jama E. Choquette, Defendant in this divorce action, was served with the Complaint in Divorce on or about August 19, 2004. ~~/\' Jtj E. Choquette 'laintiff ~/ VERIFICATION I, Jama E. Choquette, verify that the information provided in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. G/ L NEIL CHOQUETTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JAMA EMILIE CHOQUETTE, Defendant NO. 05-341 IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1, A Complaint in divorce under ~ 3301(c) of the Divorce Code was filed on August 9, 2004 and served on ~r ;; 11(",,'/ HL'fI.I sf 1'1/ ::te'D'! 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, alimony pendente lite, marital property, division of property or lawyer fees and expenses if I do not claim them before a divorce is granted. 5. 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 lNith the Prothonotary. 6. Plaintiff's and Defendant' s Waiver of Notice in ~3301 (c) Divorce are being filed with the Prothonotary as a part of their respective consent documents. 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: :;2 n ;2 '9 --c;6 .~ ~ Neil Choquette,.Plaintiff NEIL CHOQUETTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JAMA EMILIE CHOQUETTE, Defendant NO. 05-341 IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NO'l'ICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301{C) OF THE DIVORCE CODE 1. A Complaint in divorce under ~ 3301(c) of the Divorce Code was filed on August 9, 2004 and served on or about August 19, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, alimony pendente lite, marital property, division of property or lawyer fees and expenses if I do not claim them before a divorce is granted. 5. 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 \~ith the Prothonotary. 6. Plaintiff's and Defendant's Waiver of Notice in !'l330l(c) Divorce are being filed with the Prothonotary as a part of their respective consent documents. 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. !'l4904 relating to unsworn falsification to authorities. Date: :rl-le~ru:1-r1 OG /~. c '10~ (it) '--- . l.\ .if.. Ja a E. c~quette, ,I I . AGREEMENT County, Dauphin ') t/ 1-"- r AGREEMENT made this '?5:..L.. day of ~h,t(l'iJv. 2006, by and I Neil Choquette ("Husband"), of Harrisburg, Dauphin Pennsylvania and Jama Choquette ("Wife") of Harrisburg, County, Pennsylvania. between WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on the 29th day of May in 1982. 1'here were born three (3) children of this marriage, said children being: two adult children and one minor child. The minor child being: Jama Etienne Choquette, age 17 years. The parties have no other issue, living or deceased, and have no adopted children. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and as a result they have lived separate and apart since November 2001. A proceeding for the divorce of the parties has been filed by the Husband in the Court of Common pleas of Cameron County on or about August 2004, No. 2004-3019. Pursuant to Order of Court 1n Cameron County, the case was transferred to Cumberland County, pennsylvania and is filed to Cumberland County Divorce Docket Number 05-341. It is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respecti ve financial and property rights and obligations as between each other including without limitation by specification: the settling of all matters between them rela.ting to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony pendentel:lte, alimony and/or maintenance of Wife by Husband and of Husband by Wife. . , -, il NOW THEREFORE, in consideration of the above recitals and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to ei ther 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. Husband and Wife agree that Husband shall secure a "No- Fault" divorce based upon irretrievable breakdown of their marriage, subsequent to the parties' ninety (90) days separation. Husband and Wife further agree to execute their respective Affidavits of Consent under Section 3301(c) of the Domestic Relations Code of pennsylvania, and to execute any and all other documents necessary under existing Rules of pennsylvania Civil Procedure and local Rules of the Court of Common Pleas of Cumberland County, pennsylvania, in order to allow Husband to immediately file all such documents in the Court of Common Pleas of Cumberland County, Pennsylvania. Husband and Wife agree one with the other that the execution of their respective Affidavits of Consent and their execution of any and all other documents made necessary to permit the entry of a final Decree in Divorce by the Court of Common Pleas of -2- , , ,- Cumberland County, Pennsylvania, shall occur contemporaneously with the execution of this Agreement. Neither Husband or Wife shall either directly or indirectly permit the withdrawal of their respective Affidavits of Consent or any and all other documents executed by Husband and Wife subsequent to the .execution of the documents. 2. EFFECT OF DIVORCE DECREE The parties agree that unless 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. 3 . INCORPORATION OF AGREEMENT IN DIVORCE DECREE The purposes of this Agreement are to effect a complete and final settlement, with reference to each pa:rty of: a. All of the respective property and property rights of the parties, b. The obligation of each party for the support of each other, and the parties agree that the terms of this Agreement shall be incorporated but not merged into any final divorce decree which may be entered with respect to them. 4. AGREEMENT NOT TO BE MERGED This Agreement shall be incorporated into the final decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an -3- I' independent contract. Such remedies in law or equity are specifically not waived or released. 5. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties 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. 6. DISTRIBUTION DATE The transfer of property, funds andlor 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 payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, attached as Schedule "A", as an inducement to the execution of this Agreement. 8. ADVICE OF COUNSEL The provisions of the Agreement and their legal effect have been fully explained to the parties by their respective counsel, ary A. Etter Dissinger, Esquire, attorney for Wife, and Grace Smith Foltz, Esquire, attorney for Husband. 'The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights -4- II and obligations and they acknowledge and accept their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge, and the parties acknowledge that execution of 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. Husband has also been pro se during part of the negotiations and revisions of this Agreement. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code of 1980, 23 P.S. Section 101 et. seg., whereby the Court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or her respective right to have the Court of Common Pleas of Cumberland County, or any other Court of competent juriSdiction, make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation, or any other rights arising from the parties' marriage. -5- 9. REAL ESTATE ,i a. The marital residence of the parties formerly located at 1518 Carlisle Road, Camp Hill, pennsylvania, has been sold. The funds were subsequently escrowed. Each party has received a disbursement previously in the amount of $26,889.09 each, and another $4,000.00 was disbursed in one (1) check to both parties, and $5,000.00 was disbursed by agreement of the parties to Jama E. Choquette as part of her equitable distribution and utilized to pay Eor the parties' daughter's education. The balance of the proceeds shall, upon execution of this Agreement, be paid to Wife. 10. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife agrees that all of property in the possession of Husband shall be the sole and separate property of Husband, and Husband agrees that all of the property in the possession of wife shall be the sole and separate property of Wife, except to the extent specifically set forth otherwise in this Agreement. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall becorr~ the sole and separate property of each other, except to the extent specifically set forth otherwise in this Agreement. The parties will specifically divide certain personal property as follows: -6- Ii I a. Husband waives any right, title and interest he may have in and to any of Wife's pension and retirement benefits including but not limited to 401K, IRA, or any other retirement or profit sharing plan of any nature. b. Husband shall, immediately upon execution of this Agreement, make arrangements to transfer his 401K in its entirety, which balance shall be no less than $33,900.00, to a 401K or some other retirement vehicle to be or already established by Wife as she may direct. In the event that the amount in Husband's 401K is reduced below $33,900.00, he shall pay to Wife by check, within thirty (30) days of receipt of notice and proof of the amount transferred, the amount necessary to make sure that the total funds transferred to her through the 401K or otherwise (excluding the escrowed funds from the sale of the marital residence referenced above) shall total no less than $33,900.00. In the event that the amount transferred exceeds $33,900.00, Husband waives any and all right in and to any excess funds and those funds shall be transferred to wife. Attached to this Agreement is a copy of the intended Qualified Domestic Relations Order to accomplish the transfer of the 401k funds. The parties agree to cooperate and execute any and all document necessary to accomplish execution of the QDRO as set forth in this paragraph, acknowledging that the attachment as Schedule "D" mayor may not satisfy Husband's employer to accomplish the transfer that the parties intend. The parties agree that they shall work together to accomplish a transfer of at least $33,900.00 from Husband's 401K to Wife's 40lk. -7- c. Wife waives any right, title and interest she may have in and to any other pension or retirement benefits of Husband except for the 401K set forth above. 11. MOTOR VEHICLES With respect to the motor vehicles oW11ed by one or both of the parties, they agree as follows: a. The 2005 Scion shall become the sole and exclusive property of Husband, subject to its liens and encumbrances. b. The 1994 Saturn has been traded by Wife for a 2004 Buick. Husband agrees that the proceeds from it as well as the Buick shall become thE= sole exclusive property of Wife subject to all liens and encumbrances. c. The 1995 Nissan Pathfinder has beEm titled to the parties' son. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and said executed titles shall be delivered to the proper parties on the distribution date. 12. LIABILITIES ASSUMED BY WIFE Wife shall assume individual responsibility for the respective debts listed on Schedule "B" of this Agreement. Wife ill hereafter assume and retire the full amount of each respective debt represented on Schedule "B" due and owing as of the date of execution hereof, and shall indemnify and hold -8- Husband and his property harmless from any and all liability with respect to the debts hereby assumed by Wife. 13. LIABILITIES ASSUMED BY HUSBAND Husband shall assume individual responsibility for the respective debts listed on Schedule "C" of this Agreement. iHusband will hereafter assume and retire the full amount of each II II I respective debt represented on Schedule "C" due and owing as of the date of execution hereof, and shall indemnify and hold Wife and her property harmless from any and all liability with respect to the debts hereby assumed by Husband. 14. ASSUMPTION OF ENCUMBRANCES Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harlnless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. Each party in possession of property to be awarded to the other warrants that all dues, fees, assessments, mortgages, taxes, insurance payments and the like attendant to such property are current,. or if not current, notice of any arrearages or deficiency has been given to the receiving party prior to the execution of this Agreement. 15. LIABILITY NOT LISTED Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than those described in this Agreement, for which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay -9- it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 16. INDEMNIFICATION OF WIFE If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Wife in connection therewith. 17 . INDEMNIFICATION OF HUSBAND If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife ,~ill, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Husband in connection therewith. 18. ALIMONY The parties acknowledge that inflation may increase or decrease, their respective incomes may change, that either may be employed or unemployed at various times in the future, that their respective assets may substantially increase or decrease in value, and that notwithstanding these or other economic circumstances, the parties agree that Husband shall pay to Wife, directly, $312.50 per month for twelve (12) months commencing April 1, 2006. Payments shall be made to Jama Choquette by the -10- first day of each calendar month. In the event that any payment is more than five (5) days past due, Husband shall pay a late fee of $25.00 per day for each day after the 1st of the month 'that it is past due if the payment is received by Jama Choquette after the 5th day of the calendar month in which it is due. Additionally, any late payment made after the 1st of the month shall interest at the rate of 18% per year. If Husband is late with three (3) payments or more, he agrees to entry of an alimony Order to be collected through the Domestic Relations Office of Cumberland County 1n the amount of $312.50, with all arrearages to be collected, if any, through the Domestic Relations Office in accordance with the terms of this paragraph. In other words, including interest and late payment fees. If wife incurs any fees or expenses including legal fees to reduce this alimony provision to an Order in the event of Husband's non-payment or late payment for three (3) months, Husband agrees that those fees shall be collected as additional arrearages on an alimony Order. 19. TAX RETURNS AND AUDJ:TS Husband and Wife represent that all federal, state and local tax returns required to be filed by Husband and Wife have been filed, and all federal, state and local taxes required to be paid with respect to the periods covered by such returns are paid. Husband and Wife further represent there are no tax deficiencies proposed or assessed against Husband andlor Wife for such periods, and neither Husband nor Wife executed any waiver of the Statute of Limitations on the assessment or collection of any tax for such periods. Because Husband was self-employed, Husband agrees that if there are any deficiencies assessed for any tax years for which the parties filed jointly, he shall pay any and all tax deficiencies, penalties or interest. -11- II 20. TAXES FOR YEAR OF DIVORCE The parties have filed separately for the tax year 2004, and will file separately in the year 2005 and every tax year thereafter. Husband agrees to be liable and obligated and shall timely pay and hold Wife and her property harmless from any liability of Husband for federal income tax (including penalties and interest) as shown on his separate United States individual income tax return for the tax year 2004 and every tax year thereafter. wife agrees to be liable and obligated and shall timely pay and hold Husband and his property harmless from any liability of Wife for federal income tax (including penalties and interest) as shown on her separate United States individual income tax return for the tax year 2004 and every tax year thereafter. 21. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of divorce all financial records relating to the marital estate, and each party will give the other party immediate access to these records in the eVEmt of tax audits. 22. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, 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. -12- II 23. LEGAL FEES Each party will be responsible for their respective counsel fees and costs involved in securing a 90-day no-fault divorce to be instituted by Husband as Plaintiff. In the event, for whatever reason, either party fails or refuses to execute an affidavit evidencing their consent to the divorce, pursuant to ~330l(c) of the Divorce Code, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent any breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 24. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, ALIMONY Husband and Wife agree and hereby do release and renounce any claim they may have against the other party for spousal support, alimony pendente lite, alimony and maintenance. 25. HEALTH INSURANCE - WIFE Husband shall provide Blue CrosslBlue Shield Major Medical or equivalent coverage for the benefit of Wife until such time as a final decree in divorce may be entered with respect to the parties. 26. WARRANTY AS TO EXISTING OBLIGATION Each party represents that he or she has not heretofore incurred or contracted any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obli<:;rations of every kind -13- II which may have heretofore been incurred by them including those i for necessities except for the obligations arising out of this Agreement. 27 . WARRANTY AS TO FUTURE OBLIGATIONS Except as set forth in this Agreement, Husband and Wife each represents and warrants to the other that he or she has not in the past or will not at any time in the future incur or contract any debt, charge or liability for which the other's legal representatives, property or estate m'~y be responsible. Each hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 28. PROPERTY RELEASE It is the intention of Husband and Wife to give to 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 of this Agreement. All property hereunder is transferred subject to all existing encumbrances and liens thereon. The transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such encumbrances or liens. Such party will, at his or her sole expense, defend the other against any such claim, whether or not well founded, and he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. The insurance on the property being transferred hereunder is assigned to the party receiving such property, and -14- the premiums on such insurance shall be paid by the party to whom the insurance is assigned. By this Agreement the parties have intended to effect an equitable distribution of their assets. The parties have determined that the division of said property conforms to the criteria set forth in ~3501 et. seq. of the Pennsylvania Divorce Code taking into consideration the length of marriage; the fact that it is the first marriage for Husband and Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or incre.ased earning power of the party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contributions or dissipation of each party in the acquisition, preservation,. depreciation or appreciation of the marital property, including the contribution of each spouse as homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the matrimonial estate. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. 29. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of -15- II and from any and all rights, title and interest or claims in or ,against the property (including income and gain from property ilhereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such 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 law 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 testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, lNhether arising under the laws of pennsylvania, any other state, Commonwealth or territory of the United States, Or any othe:r country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 of this Agreement. 30. PERSONAL RIGHTS Wife and Husband may and shall at all times hereafter live separate and apart. Each shall be free from any control, restraint, interference or authority, whether direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may also reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, -16- 'I occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Each party hereto releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been or will be incurred relating to or arising from the marriage between the parties, except that neither party is relieved or discharged from any obligation under this Agreement. Neither party will interfere with the use, ownership, enjoyment Or disposition of any property now owned by or hereafter acquired by the other. 31. GENERAL PROVISIONS This Agreement shall be effective from and after the time of its execution, however, the transfer of the property provided for herein shall only take place upon the entry of a final decree in divorce. The support provisions of this Agreement shall take effect immediately upon execution. 32. WAIVER OR MODIFICATION TO BE IN WRITING No modification, rescission, amendment or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hex.eof or defaul t hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Any oral representations or modifications concerning this instrument shall be of no force or effect excepting a subsequent modification in writing, signed by the party to be charged. -17- 33. MUTUAL COOPERATION Each party shall on demand execute and deliver to the other party any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 34. LAW OF PENNSYLVANIA APPLICABLE This Agreement and all acts contemplated by it shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania. 35. 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, legal representatives, assigns and successors in any interest of the parties. 36. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations other than those expressly set forth herein. 37 . ENTIRE AGREEMENT Each party acknowledges that he or she has carefully read this Agreement, including all Schedules and other documents to which it refers; that he or she has discussed its provisions -18- II with an attorney of his or her own choice, or has waived the opportunity to do so, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover. 38. INCORPORATION OF SCHEDULES All Schedules and other instruments referred to in this Agreement are incorporated into this Agreement as completely as if they were copied verbatim in the body of it. 39. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith, and within ten (10) days after demand therefore, execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 40. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be constructed as a waiver of strict performance of any obligations herein. 41. SEVERABILITY The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and -19- 1\ independent covenant and agreement. If any term, condition, ,clause or provision of this Agreement shall be determined or 'Ideclared to be void, unenforceable 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. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein. with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 42. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for the convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. EXECUTED in triplicate on the day and year first above written. ~ (1 . i . i ' t~ \ '''l k.tL!L Jamal. hoquette . ) /~ ~ Nei;Z~~-'(:7'l ~ p' k'/ -20- I' Commonwealth of Pennsylvania ss County of uI/?;/;/k,( (- On this, the Jifcilay of .!-, li {{Uiy' ,2006, before me the undersigned officer, personally appeaued JAMA CHOQUETTE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have here unto set my hand and notarial seal. rflluU t/ ;t:l /! 1/:, 1(-.. Notary Public NOTARIAl. SEAl. f,NNETfE PE~KINS NofOry PuIJIIe CHlPHlL IIOIIOUGK, c\llVlElllAND cOUNlY My Comrnl""'" ExpIres JuI 22, 2009 Commonwealth of pennsylvania ss County of {l(lIlfJrrk..rC On this, the ,;(L/ day of f:ebrt-((J. v ,/ ,2006, before me the undersigned officer, personally appeared NEIL CHOQUETTE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have here unto set my hand and notarial seal. ;::;/U:n //~did"L Nota.ry Public NOWIW. SEAl. NiNTIE ..... -., PublIc ~Hll.IOIlOl_<:t.- aaoCCMllY MY eom.,_. ___ Jul:/2, 2009 -21- SCHEDULE "A" -22- Martial Assets Value Value Date Husband's Upholstery Business Unknown Husband's TWA Retirement (PBGC) Unknown (defined benefit) Husband's American Airlines 401k $20,384.59 $33,946.12 $16,776.24 Dec. 31. 2 001 Dec. 31. 2004 Wife's IRA Sept.30, 2004 Proceeds from marital residence $18,259.39 Dec. 02, 2004 **$62,778.18 has been previously distributed to the parties TOTAL -$ -23- I' SCHEDULE "B" -24- II i I WIFE'S LIABILITIES wife's Debts Value Value Date Aesthetic & Reconstructive Surgery $ 494.00 **Jama's post-marital medical March 22, 2005 -25- II SCHEDULE "C" -26- 1\ HUSBAND'S LIABILITIES Husband's Debts Value Citi Financial $5,190.00 (loan for HVAC) **post-marital, but used for marital residence TOTAL - $ -27- Value Date Aug. 28, 2003 II SCHEDULE "D" -28- NEIL CHOQUETTE, Plaintiff IN THE COUR'r OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JAMA EMILIE CHOQUETTE, Defendant NO. 05-341 IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER SUPER SAVER (401k) - A Capital Accumulation Plan for EmP10vees of Participatinq AMR Corporation Subsidiaries And now this day of , 2006 it is hereby Ordered and Decreed as follows: This Order is intended to be a qualified domestic relations order ("QDRO"), (hereinafter referred to as t:he "Order") as that term is defined I section 206(d) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code"). The participant (as that term is defined in Section 2. Of this Order) was employed by American Airlines, Inc. ("American"), the Participant is a participant in the Plan (as that term is defined in Section 1. of this Order) and the Participant has an accrued benefit under the Plan, which accrued benefit is attributable to accruals under the terms of the Plan, some or all of which benefits were accrued during participant's marriage to the Alternate Payee (as that term is defined in Section 3. of this Order). The Alternate Payee is entitled to a portion of the participant's benefits under the Plan under the laws of the Commonwealth of Pennsylvania. Section 1. Xdentification of the Plan This Order applies to benefits under Super $aver - A capital Accumulations Plan for Employees of participating AMR Corporation Subsidiaries (hereinafter referred to as the "Plan"), also known as a 401(k) Plan. Section 2. Xdentification of the ParticiDant a. Name of Participant: Neil D. ChoQUette (hereinafter referred to as "Participant"). b. Participant's Social Security Number: 521-84-9107 c. Participant's Address: 931 N. Front Street #402, Harrisburq, PA 17102 d. American Airlines, Inc. Employee Number: 656048 Section 3. Section 4. Section 5. Identification of the Alternate Payee a. Name of Alternate Payee: Jama E. Choauette (Hereinafter referred to as "Alternate Payee") . b. Alternate Payee's Social Security Number: 191-46- 3328 c. Alternate Payee's Address: 2208 N. 3rd Street, #1. Harrisburq. PA 17110 d. Alternate Payee's Relationship to Participant: wife or Ex-Wife. Duration of Marriaae The Participant and Alternate Payee were married on May 29, 1982, separated on or about November 2004, an were divorced on Amount of Benefit to be Paid to Alternate Payee The Alternate Payee is hereby assigned an interest in and entitled to receive one hundred percent (100%) of the Participant's vested account balance in the Plan as of ___CDATE OF DIVORCE) (the "Division Date"). The Alternate Payee's interest shall be satisfied by transferring pro rata by fund and source such interest (except any outstanding loan balance, which shall remain an asset of the participant's accounts) to a separate account under the Plan on behalf of the Alternate Payee as soon as administratively practicable following the qualification of this Order. Section 6. Section 7. The Alternate Payee may elect to receive payment from the plan of benefits assigned to the Alternate Payee under this Order in any form in which such benefits may be paid under the Plan to the Participant, other than in the form of a qualified join and survivor annuity with respect to the Alternate Payee and his or her subsequent spouse, if any, but only if the form elected complies with the minimum distribution requirements of ~401(a) (9) of the Code. Payments to the Alternate Payee pursuant to this Order shall be in accordance with the Plan terms and may commence as soon as practicable after this Order has been determined to be a qualified domestic relations order, and upon receipt of the Alternate Payee's properly completed benefit election form. The Alternate Payee may elect to (i) roll the Alternate Payee's benefit under the Plan into another qualified retirement plan or an Individual Retirement Account, (ii) receive a lump sum distribution, which will be subject to income tax withholding, or (iii) leave the benefit in the Plan until distributions are otherwise required to commence under the terms of the Plan. Death of the ParticiDant Any amounts assigned to the Alternate Payee under this Order shall not be affected by the Participant's death. Death of the Alternate Payee If the Alternate Payee dies prior to receiving his or her share of the Participant's account balance assigned Section 8. Section 9. to such Alternate Payee under the terms of this Order, the Alternate Payee's share shall be paid to a beneficiary designated by the Alternate Payee on a form approved by the Plan. If the Alternate Payee has not designated a beneficiary, then upon the Alternate Payee's death prior to receiving his or her share of the Participant's account balance assigned to such Alternate Payee under the term" of this Order, the Alternate Payee's "hare shall be paid in accordance with the terms of Alternate Payee's will. Investment Direction, Loans and Hardship Distributions To the extent permitted by the Plan, the Alternate Payee shall be permitted to direct investment of his or her separate interest to the same extent as the Participant is entitled to direct the investment of his or her account balances. Unless otherwise permitted under the terms of the Plan, the Alternate Payee shall not be eligible for hardship distributions or loans from the Plan. Erroneous Distributions In the event that the plan trustee inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that he or she has received such benefit payments, and shall forthwith pay Section 10. Section 11. such amounts so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the plan trustee inadvertently pays to the Alternate Payee any benE,fi ts that were assigned to the Participant pursuant to the terms of this Order, the Alternate Payee shall reiml)urse the Plan, to the extent that he or she has received such overpayment, within ten (10) days of receipt of such notice of overpayment. Como1iance With ADD1icab1e Laws The parties to this Order intend that it comply with applicable provisions of ERISA and the Code. Nothing in this Order shall require the, Plan: a. to provide any type or form of benefit, or any option, not otherwise provided under the Plan; b. to provide increased benefits (determined on the basis of actuarial value); and c. to pay benefits to any Alternate Payee that are required to be paid to another Alternate Payee under another Order previously determined to be a qualified domestic relations order. General Upon full payment of the benefits awarded under this Order to the Alternate Payee, the Plan shall thereafter . . be discharged from all responsibility, obligation or duty with respect to the Alternate Payee. The Alternate Payee is responsible for all income tax due on the payments the Alternate Payee receives from the Plan. All communications between the Participant or Alternate Payee and the Plan, including a change in the participant's or Alternate Payee's address (which this Order hereby requires the parties to report to the Plan), should be sent to the plan Administrator at the following address: $uper $aver Center P. O. Box 419784 Kansas City, Missouri 64141-6784 II Section 12. Reservation of Jurisdiction The court reserves jurisdiction over the parties and the subject matter to amend this Order to establish and maintain its status as a QDRO under ERISA and the Code. IT IS SO ORDERED Date: Approved as to Substance and Form: ( U' ,~~t\ Jama\~ Cho~uette. cu& Neil D. Approved as to Form: Pro 5e Attorney for Participant Marv A. Etter Dissinqer. Eso. Attorney for Alternate Payee Address: 931 N. Front St #402 Harrisburq, PA 17102 Phone: 7/7- 3)'1 - oZ 3-z.. Address: 2208 N. Third Street, #1 Harrisburq, PA 17110 Phone: 1/1. J../43(J -n Fax; Fax: J. --~ ( -< NEIL CHOQUETTE, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA vs. JAMA EMILIE CHOQUETTE, Defendant CIVIL ACTION NO. 05 - 341 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: 3301(c) of the Divorce Code. Irretrievable breakdown under ~ 2. Date and manner of service of the Complaint: by United States Certified Mail, Restricted Delivery. ;,) {<tic 2., 3 . ~ 3301 (c) Defendant Date of execution of the ~ivorce ;z. (.'-.7 0 l.p . of the Affidavit of Consent required by Code: By Plaintiff ;;2(.Jf/o Ii ; by . 4. Related claims pending: NONE. 5. Date Plaintiff's Waiver of Notice in ~ 3301(c) Divorce filed with the Prothonotary: ",IS' /0 <t Date Defendant's Waiver.ot ~otice in ~ 3301(c) Divorce filed wi th the Prothonotary: '5/ Rb.. \, Respectfully submitted, DISSINGER AND DISSINGER Date: ~( ~/~ ~ 7J ^ , . ~l /":(/U,,,,- ~<2/~ Mary A. Etter Dissinger, E q. Attorney for Defendant Supreme Court ID # 27736 28 North Thirty-second Street Camp Hill, PA 17011 717-975-2840 cc: Neil Choquette, Plaintiff '~i c . . . . . . . . . . . . . . . . . . . . . . . . . . . i <+ . . . . . :l'of-.+;'!;;f'" :f.:f.'t::of. :to+: ;t,:+: :+: Of;+: . . :+;'+:;+; 'f.:f.:f. 'l' Of. ;F.:'::+: ;f. "':+: Of.:+: Of.;+::+,:tj +:+ Of; + ++.'+:+.:+.'1'++:+.++++ . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. NEIL CHOQUETTE 05 341 No. PI1UNTIFF VERSUS JAMA EMILIE CHOQUETTE . . . . DEFENDANT . . . . . . . . . . . DECREE IN DIVORCE AND NOW, VIA:?" 11 17 , //J.:>!;., , IT IS ORDERED ANO DECREED THAT NPTL ('HOQTll;;'J''T'E , PLAINTIFF, . . . . . . . . . . . . . . . . . . . . . . . . . . . JAMA EMILIE CHOQUETTE , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; The Marriaqe Separation Aqreement of the parti~s n~ten is hereby incorporated but not merqed. 't':f;4' :+. +:'I'+:l''+'+++ ++:+.'f+++'f+'f . . . . . . . . . . . . . . . . . . . . . "',.;to + +. '71 ry ~ < PROTHONOTARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . Of +. +. +.+' ~ fI" ;z/'f;r# ''riL, "fJ. fi' r , If''' .t: /';.ff"'"" ""J r>>} 'PINt' E' . NEIL CHOQUETTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JAMA EMILIE CHOQUETTE, Defendant NO. 05-341 IN DIVORCE MOTION TO ENTER QUALIFIED DOMESTIC RELATIONS ORDER And now comes Mary A. Etter Dissinger, attorney for Jama and Neil Choquette, and requests the Court to enter the attached Qualified Domestic Relations Order as an Order of Court, and in support of the Motion avers as follows: 1. The parties are Neil Choquette, Plaintiff, and Jama and Neil Choquette, Defendants. 2. The Plaintiff is now pro se. Defendant is represented by Movant. 3. The parties Marriage Separation Agreement dated February 26, 2006, was incorporated, but not merged into the Divorce Decree signed by this honorable Court on March 17, 2006. 4. The Agreement calls for the entry of a Qualified Domestic Relations Order. 5. The parties and American Airlines have reached an agreement as to the terms of the Qualified Domestic Relations Order, and a copy of the Order to be entered is attached hereto as Exhibit "A". 6. Movant requests the Court to enter the attached Qualified Domestic Relations Order as an Order of Court promptly. Respectfully Submitted: Dissinger & Dissinger ~a~~ Mary A. Etter Dissinger Attorney for Defendants Supreme Court ID # 27736 28 North 32~ Street Camp Hill, PA 17011 (717)975-2840 VER:IF:ICAT:ION I, Mary A. Etter Dissinger, verify that the answers provided in the foregoing Interrogatories are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. ~o~ Mary 0 Etter Dissinger NEIL CHOQUETTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JAMA EMILIE CHOQUETTE, Defendant NO. 05-341 IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER SUPER SAVER C401k) - A Capital Accumulation Plan for Emplovees of Participating AMR Corporation Subsidiaries And now this day of , 2006 it lS hereby Ordered and Decreed as follows: This Order is intended to be a qualified domestic relations order ("QDRO"), (hereinafter referred to as the "Order") as that term is defined I section 206(d) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code"). EXHIBIT i II All The Participant (as that term is defined in Section 2. Of this Order) was employed by American Airlines, Inc. ("American"), the Participant is a participant in the Plan (as that term is defined in Section 1. of 'this Order) and the Participant has an accrued benefit under the Plan, which accrued benefit is attributable to accruals under the terms of the Plan, some or all of which benefits were accrued during Participant's marriage to the Alternate payee (as that term is defined in Section 3. of this Order). The Alternate Payee is entitled to a portion of the Participant's benefits under the Plan under the laws of the Commonwealth of Pennsylvania. Section 1. Identification of the Plan This Order applies to benefits under Super Saver _ A capital Accumulations Plan for Employees of Participating AMR Corporation Subsidiaries (hereinafter referred to as the "Plan"), also known as a 401(k) Plan. Section 2. Identification of the Participant a. Name of Participant: Neil D. ChoQUette (hereinafter referred to as "Participant"). b. Participant's Social Security Number: 521-84-9107 c. Participant's Address: 931 N. Front Street #402, Harrisburq, PA 17102 d. American Airlines, Inc. Employee Number: 656048 Section 3. Section 4. Section 5. Identification of the Alternate Payee a. Name of Alternate Payee: Jama E. Choquette (Hereinafter referred to as "Alternate Payee"). b. Alternate Payee's Social Security Number: 191-46- 3328 c. Alternate Payee's Address: 2208 N. 3rd Street. #1, Harrisburq, PA 17110 d. Alternate Payee's Relationship to Participant: wife or Ex-Wife. Duration of Marriaae The Participant and Alternate Payee were married on May 29, 1982, separated on or about November 2004, an were divorced on March 17, 2006. Amount of Benefit to be Paid to Alternate Payee The Alternate Payee is hereby assigned an interest in and entitled to receive one hundred percent (100%) of the Participant's vested account balance in the Plan as of March 17, 2006 (the "Division Date"). The Alternate Payee's interest shall be satisfied by transferring pro rata by fund and source such interest (except any outstanding loan balance, which shall remain an asset of the Participant's accounts) to a separate account under the Plan on behalf of the Alternate Payee as soon as administratively practicable following the qualification of this Order. The Alternate Payee is entitled to 100% of the earnings, gains, and losses on the Alternate Payee's benefit until such amount is transferred into an account for the Alternate Payee. Once the Alternate Payee's benefit is transferred to the Alternate Payee's , separate account, the Alternate Payee is entitled to all earnings, gains and losses on amounts in the Participant's account until the Alternate Payee receives a distribution of such amounts from the Plan. If the Participant's account balance in the Plan includes an outstanding loan balance, the loan balance will remain an asset of the Participant's account. The amount of such outstanding loan balance will be included in the Participant's total account balance for purposes of determining the Alternate Payee's interest. For example, if the Participant has a $10,000.00 account balance, which includes a $2,000.00 loan balance as of the division date, and the Alternate Payee is awarded 50% of the Participant's account balance, then the Alternate Payee is entitled to $5,000.00 (50% of the $10,000.00 account balance). The Alternate Payee may elect to receive payment from the plan of benefits assigned to the Alternate Payee under this Order in any form in which such benefits may be paid under the Plan to the Participant, other than in the form of a qualified join and survivor annuity with respect to the Alternate Payee and his or her subsequent spouse, if any, but only if the form elected complies with the minimum distribution requirements of ~401(a) (9) of the Code. Payments to the Alternate Section 6. Payee pursuant to this Order shall be in accordance with the Plan terms and may commence as soon as practicable after this Order has been determined to be a qualified domestic relations order, and upon receipt of the Alternate Payee's properly completed benefit , election form. The Alternate Payee may elect to (i) roll the Alternate Payee's benefit under the Plan into another qualified retirement plan or an Individual Retirement Account, (ii) receive a lump sum distribution, which will be subject to income tax withholding, or (iii) leave the benefit in the Plan until distributions are otherwise required to commence under the terms of the Plan. The benefit awarded to the Alternate Payee hereunder shall be segregated and maintained in a separate account solely in the name and for the benefit of the Alternate Payee and shall be initially invested among the investment funds (and in the same proportion) in which the Participant's account is invested as of the date the Alternate Payee's benefit is segregated into a separate account. The Alternate Payee may select any investment option available under the Plan following the transfer of the Alternate Payee's benefit to a separate account. Transfers of funds among investment options thereafter must be accomplished in accordance with the provisions of the Plan. Death of the ParticiDant Any amounts assigned to the Alternate Payee under this Order shall not be affected by the Participant's death. Section 7. Section 8. Section 9. Death of the Alternate Payee If the Alternate Payee dies prior to receiving his or her share of the Participant's account balance assigned to such Alternate Payee under the terms of this Order, , the Alternate Payee's share shall be paid to a beneficiary designated by the Alternate Payee on a form approved by the Plan. If the Alternate Payee has not designated a beneficiary, then upon the Alternate ~ayee's death prior to receiving his or her share of the Participant's account balance assigned to such Alternate Payee under the terms of this Order, the Alternate Payee's share shall be paid in accordance with the terms of the Plan. Investment Direction, Loans and HardshiD Distributions To the extent permitted by the Plan, the Alternate Payee shall be permitted to direct investment of his or her separate interest to the same extent as the Participant is entitled to direct the investment of his or her account balances. Unless otherwise permitted under the terms of the Plan, the Alternate Payee shall not be eligible for hardship distributions or loans from the Plan. Erroneous Distributions In the event that the Plan trustee inadvertently pays to the Participant any benefits that are assigned to Section 10. the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that he or she has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate , Payee witnin ten (10) days of receipt. In the event that the Plan trustee inadvertently pays to the Alternate Payee any benefits that were assigned to the Participant pursuant to the terms of this Order, the Alternate Payee shall reimburse the Plan, to the extent that he or she has received such overpayment, within ten (10) days of receipt of such notice of overpayment. Compliance With ADDlicable Laws The parties to this Order intend that it comply with applicable provisions of ERISA and the Code. Nothing in this Order shall require the Plan: a. to provide any type or form of benefit, or any option, not otherwise provided under the Plan; b. to provide increased benefits (determined on the basis of actuarial value); and c. to pay benefits to any Alternate Payee that are required to be paid to another Alternate Payee under another Order previously determined to be a qualified domestic relations order. Section 11. General Upon full payment of the benefits awarded under this Order to the Alternate Payee, the Plan shall thereafter be discharg~d from all responsibility, obligation or , . duty with respect to the Alternate Payee. The Alternate Payee is responsible for all income tax due on the payments the Alternate Payee receives from tne Plan. All communications between the Participant or Alternate Payee and the Plan, including a change in the Participant's or Alternate Payee's address (which this Order hereby requires the parties to report to the Plan), should be sent to the Plan Administrator at the following address: Super Saver Center P. O. Box 419784 Kansas City, Missouri 64141-6784 Section 12. Reservation of Jurisdiction The court reserves jurisdiction over the parties and the subject matter to amend this Order to establish and maintain it~ status as a QDRO under ERISA and the Code. IT IS SO ORDERED Date: J. Approved as to Substance and Form: Approved as to Form: Pro Se Attorney for Participant Marv A. Etter Dissinqer, Esq. Attorney for Alternate Payee Address: 931 N. Front St #402 Harrisburq, PA 17102 Phone: Fax: Address: 2208 N. Third Street, #1 Harrisburq, PA 17110 Phone: Fax: . NEIL CHOQUETTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JAMA EMILIE CHOQUETTE, Defendant NO. 05-341 IN DIVORCE CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon Neil Choquette, Plaintiff, and Jama Choquette, Defendant, by First Class United States mail addressed as follows: Neil Choquette 931 North Front Street Suite 402 Harrisburg, PA 17102 Jama Choquette 2208 North 3rd St., Apt 1 Harrisburg, PA 17110 Date: r-V/11 ~ ~~{J~dd."'~ Mary A. E ter Dissinger U ~~~ ::") -n .-t -r:...,., r-ne:; ~-~3 ;-.. (",..) C; ok; ,--.. (~) :.:< .. t ~ ry ~ SEP 0 1 200~ NEIL CHOQUETTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JAMA EMILIE CHOQUETTE, Defendant NO. 05-341 IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER SUPER SAVER (401k) - A CaDital Accumulation Plan for EmDloyees of ParticiDatina AMR Corooration Subsidiaries And now this bli , 2006 it is hereby ~r vJt day of Ordered and Decreed as follows: This Order is intended to be a qualified domestic relations order ("QDRO"), (hereinafter referred to as the "Order") as that term is defined I section 206(d) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code"). ',,:~ ;:-.J r-- ij) LL C-" .~/.'-) , The Participant (as that term is defined in Section 2. Of this Order) was employed by American Airlines, Inc. ("American"), the Participant is a participant in the Plan (as that term is defined in Section 1. of this Order) and the Participant has an accrued benefit under the Plan, which accrued benefit is attributable to accruals under the terms of the Plan, some or all of which benefits were accrued during Participant's marriage to the Alternate Payee (as that term is defined in Section 3. of this Order). The Alternate Payee is entitled to a portion of the Participant's benefits under the Plan under the laws of the Commonwealth of Pennsylvania. Section 1. Identification of the Plan This Order applies to benefits under Super Saver - A capital Accumulations Plan for Employees of Participating AMR Corporation Subsidiaries (hereinafter referred to as the "Plan"), also known as a 401(k) Plan. Section 2. Identification of the ParticiDant a. Name of Participant: Neil D. Choquette (hereinafter referred to as "Participant"). b. Participant's Social Security Number: 521-84-9107 c. Participant's Address: 931 N. Front Street #402, Harrisburq, PA 17102 d. American Airlines, Inc. Employee Number: 656048 ~ Section 3. Section 4. Section 5. Identification of the Alternate Payee a. Name of Alternate Payee: Jama E. Choquette (Hereinafter referred to as uAlternate Payee") . b. Alternate Payee's Social Security Number: 191-46- 3328 c. Alternate Payee's Address: 2208 N. 3rd Street, #1, Harrisburq, PA 17110 d. Alternate Payee's Relationship to Participant: Wife or Ex-Wife. Duration of Marriage The Participant and Alternate Payee were married on May 29, 1982, separated on or about November 2004, an were divorced on March 17, 2006. Amount of Benefit to be Paid to Alternate Payee The Alternate Payee is hereby assigned an interest in and entitled to receive one hundred percent (100%) of the Participant's vested account balance in the Plan as of March 17, 2006 (the uDivision Date"). The Alternate Payee's interest shall be satisfied by transferring pro rata by fund and source such interest (except any outstanding loan balance, which shall remain an asset of the Participant's accounts) to a separate account under the plan on behalf of the Alternate Payee as soon as administratively practicable following the qualification of this Order. The Alternate Payee is entitled to 100% of the earnings, gains, and losses on the Alternate Payee's benefit until such amount is transferred into an account for the Alternate Payee. Once the Alternate Payee's benefit is transferred to the Alternate Payee's separate account, the Alternate Payee is entitled to all earnings, gains and losses on amounts in the Participant's account until the Alternate Payee receives a distribution of such amounts from the Plan. If the Participant's account balance in the Plan includes an outstanding loan balance, the loan balance will remain an asset of the Participant's account. The amount of such outstanding loan balance will be included in the Participant's total account balance for purposes of determining the Alternate Payee's interest. For example, if the Participant has a $10,000.00 account balance, which includes a $2,000.00 loan balance as of the division date, and the Alternate Payee is awarded 50% of the Participant's account balance, then the Alternate Payee is entitled to $5,000.00 (50% of the $10,000.00 account balance). The Alternate Payee may elect to receive payment from the plan of benefits assigned to the Alternate Payee under this Order in any form in which such benefits may be paid under the plan to the Participant, other than in the form of a qualified join and survivor annuity with respect to the Alternate Payee and his or her subsequent spouse, if anYI but only if the form elected complies with the minimum distribution requirements of ~401(a) (9) of the Code. Payments to the Alternate . Section 6. Payee pursuant to this Order shall be in accordance with the Plan terms and may commence as soon as practicable after this Order has been determined to be a qualified domestic relations order, and upon receipt of the Alternate Payee's properly completed benefit election form. The Alternate Payee may elect to (i) roll the Alternate Payee's benefit under the Plan into another qualified retirement plan or an Individual Retirement Account, (ii) receive a lump sum distribution, which will be subject to income tax withholding, or (iii) leave the benefit in the Plan until distributions are otherwise required to commence under the terms of the Plan. The benefit awarded to the Alternate Payee hereunder shall be segregated and maintained in a separate account solely in the name and for the benefit of the Alternate Payee and shall be initially invested among the investment funds (and in the same proportion) in which the Participant's account is invested as of the date the Alternate Payee's benefit is segregated into a separate account. The Alternate Payee may select any investment option available under the Plan following the transfer of the Alternate Payee's benefit to a separate account. Transfers of funds among investment options thereafter must be accomplished in accordance with the provisions of the Plan. Death of the Participant Any amounts assigned to the Alternate Payee under this Order shall not be affected by the Participant's death. Section 7. Section 8. Section 9. Death of the Alternate Payee If the Alternate Payee dies prior to receiving his or her share of the Participant's account balance assigned to such Alternate Payee under the terms of this Order, the Alternate Payee's share shall be paid to a beneficiary designated by the Alternate Payee on a form approved by the Plan. If the Alternate Payee has not designated a beneficiary, then upon the Alternate Payee's death prior to receiving his or her share of the Participant's account balance assigned to such Alternate Payee under the terms of this Order, the Alternate Payee's share shall be paid in accordance with the terms of the Plan. Investment Direction. Loans and Hardshig Distributions To the extent permitted by the Plan, the Alternate Payee shall be permitted to direct investment of his or her separate interest to the same extent as the Participant is entitled to direct the investment of his or her account balances. Unless otherwise permitted under the terms of the Plan, the Alternate Payee shall not be eligible for hardship distributions or loans from the Plan. Erroneous Distributions In the event that the Plan trustee inadvertently pays to the Participant any benefits that are assigned to Section 10. the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that he or she has received such benefit payments I and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan trustee inadvertently pays to the Alternate Payee any benefits that were assigned to the Participant pursuant to the terms of this Order, the Alternate Payee shall reimburse the Plan, to the extent that he or she has received such overpayment, within ten (10) days of receipt of such notice of overpayment. COmDliance With ADDlicable Laws The parties to this Order intend that it comply with applicable provisions of ERISA and the Code. Nothing in this Order shall require the Plan: a. to provide any type or form of benefit, or any option, not otherwise provided under the Plan; b. to provide increased benefits (determined on the basis of actuarial value); and c. to pay benefits to any Alternate Payee that are required to be paid to another Alternate Payee under another Order previously determined to be a qualified domestic relations order. Section 11. General Upon full payment of the benefits awarded under this Order to the Alternate Payee, the Plan shall thereafter be discharged from all responsibility, obligation or duty with respect to the Alternate Payee. The Alternate Payee is responsible for all income tax due on the payments the Alternate Payee receives from the Plan. All communications between the Participant or Alternate Payee and the Plan, including a change in the Participant's or Alternate Payee's address (which this Order hereby requires the parties to report to the Plan), should be sent to the Plan Administrator at the following address: Super Saver Center P. O. Box 419784 Kansas City, Missouri 64141-6784 Section 12. Reservation of Jurisdiction The court reserves jurisdiction over the parties and the subject matter to amend this Order to establish and maintain its status as a QDRO under ERISA and the Code. IT IS SO ORDERED Approved as to and Form: J. Date: Sl" \1.) t- V G 2oo~ t Participant Choquette, Payee Approved as to Form: Pro Se Attorney for Participant Mary A. Etter Dissinqer, Esq. Attorney for Alternate Payee Address: 931 N. Front St #402 Harrisburq, PA 17102 Phone: Fax: Address: 2208 N. Third Street, #1 Harrisburq, PA 17110 Phone: Fax: . C,'-1-oG, ~ ~ ,JU; NEIL CHOQUETTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JAMA EMILIE CHOQUETTE, Defendant NO. 05-341 IN DIVORCE MOTION TO ENTER QUALIFIED DOMESTIC RELATIONS ORDER And now comes Mary A. Etter Dissinger, attorney for Jama and Neil Choquette, and requests the Court to enter the attached Qualified Domestic Relations Order as an Order of Court, and in support of the Motion avers as follows: 1. The parties are Neil Choquette, Plaintiff, and Jama and Neil Choquette, Defendants. 2. The Plaintiff is now pro se. Defendant is represented by Movant. 3. The parties Marriage Separation Agreement dated February 26, 2006, was incorporated, but not merged into the Divorce Decree signed by this honorable Court on March 17, 2006. 4. The Agreement calls for the entry of a Qualified Domestic Relations Order. 5. The parties and American Airlines have reached an agreement as to the terms of the Qualified Domestic Relations Order, and a copy of the Order to be entered is attached hereto as Exhibit "A". 6. Movant requests the Court to enter the attached Qualified Domestic Relations Order as an Order of Court promptly. Respectfully Submitted: Dissinger & Dissinger ;:JfJ {)'7\" - - / /</, /> f~ ~f.~~ ~~-orJ Y"- Mary A. Etter Dlsslnger () Attorney for Defendants Supreme Court ID # 27736 28 North 32~ Street Camp Hill, PA 17011 (717)975-2840 . VERIFICATION I, Mary A. Etter Dissinger, verify that the answers provided in the foregoing Interrogatories are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. '} (\i (..~ 1 /. ....; . /J. ~"-^--r t u tc~~7/'-- Mary A. . Etter Dissinger d , NEIL CHOQUETTE, , : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : JAMA EMILIE CHOQUETTE, : NO. 05-341 Defendant : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER SUPER SAVER (401k) - A Capital Accumulation Plan for Employees of Participating AMR Corporation Subsidiaries And now this day of Ordered and Decreed as follows: , 2006 it lS hereby This Order is intended to be a qualified domestic relations order ("QDROII), (hereinafter referred to as the "Orderll) as that term is defined I section 206(d) of the Employee Retirement Income Security Act of 19741 as amended ("ERISA") and section 414(p) of the Internal Revenue Code of 19861 as amended (the "Codell). EXHIBIT C D ~ II A" . . t The Participant (as that term is defined in Section 2. Of this Order) was employed by American Airlines, Inc. ("American"), the Participant is a participant in the Plan (as that term is defined in Section 1. of 'this Order) and the Participant has an accrued benefit under the Plan, which accrued benefit is attributable to accruals under the terms of the Plan, some or all of which benefits were accrued during Participant's marriage to the Alternate payee (as that term is defined in Section 3. of this Order). The Alternate Payee is entitled to a portion of the Participant's benefits under the plan under the laws of the Commonwealth of Pennsylvania. section 1. Identification of the plan This Order applies to benefits under Super Saver - A capital Accumulations Plan for Employees of Participating AMR Corporation Subsidiaries (hereinafter referred to as the "Plan"), also known as a 401(k) Plan. Section 2. Identification of the Participant a. Name of Participant: Neil D. ChoQUette (hereinafter referred to as "Participant"). b. Participant's Social Security Number: 521-84-9107 c. Participant's Address: 931 N. Front Street #402, Harrisburq, PA 17102 d. American Airlines, Inc. Employee Number: 656048 .J Section 3. Section 4. Section 5. Identification of the Alternate Payee a. Name of Alternate Payee: Jama E. Choquette (Hereinafter referred to as "Alternate Payee"). b. Alternate Payee's Social Security Number: 191-46- 3328 c. Alternate Payee's Address: 2208 N. 3rd Street, #l, Harrisburq, PA 17110 d. Alternate Payee's Relationship to Participant: Wife or Ex-Wife. Duration of Marriage The Participant and Alternate Payee were married on May 29, 1982, separated on or about November 2004, an were divorced on March 17, 2006. Amount of Benefit to be Paid to Alternate Payee The Alternate Payee is hereby assigned an interest in and entitled to receive one hundred percent (100%) of the Participant's vested account balance In the Plan as of March 17, 2006 (the "Division Date"). The Alternate Payee's interest shall be satisfied by transferring pro rata by fund and source such interest (except any outstanding loan balance, which shall remain an asset of the Participant's accounts) to a separate account under the Plan on behalf of the Alternate Payee as soon as administratively practicable following the qualification of this Order. . The Alternate Payee is entitled to 100% of the earnings, gains, and losses on the Alternate Payee's benefit until such amount is transferred into an account for the Alternate Payee. Once the Alternate Payee's benefit is transferred to the Alternate Payee's , separate account, the Alternate Payee is entitled to all earnings, gains and losses on amounts in the Participant's account until the Alternate Payee receives a distribution of such amounts from the Plan. If the Participant's account balance in the Plan includes an outstanding loan balance, the loan balance will remain an asset of the Participant's account. The amount of such outstanding loan balance will be included in the Participant's total account balance for purposes of determining the Alternate Payee's interest. For example, if the Participant has a $10,000.00 account balance, which includes a $2,000.00 loan balance as of the division date, and the Alternate Payee is awarded 50% of the Participant's account balance, then the Alternate Payee is entitled to $5,000.00 (50% of the $10,000.00 account balance) The Alternate Payee may elect to receive payment from the plan of benefits assigned to the Alternate Payee under this Order in any form in which such benefits may be paid under the Plan to the Participant, other than in the form of a qualified join and survivor annuity with respect to the Alternate Payee and his or her subsequent spouse, if any, but only if the form elected complies with the minimum distribution requirements of ~401(a) (9) of the Code. Payments to the Alternate . Section 6. Payee pursuant to this Order shall be in accordance with the Plan terms and may commence as soon as practicable after this Order has been determined to be a qualified domestic relations order, and upon receipt of the Alternate Payee's properly completed benefit , election form. The Alternate Payee may elect to (i) roll the Alternate Payee's benefit under the Plan into another qualified retirement plan or an Individual Retirement Account, (ii) receive a lump sum distribution, which will be subject to income tax withholding, or (iii) leave the benefit in the Plan until distributions are otherwise required to commence under the terms of the Plan. The benefit awarded to the Alternate Payee hereunder shall be segregated and maintained in a separate account solely in the name and for the benefit of the Alternate Payee and shall be initially invested among the investment funds (and in the same proportion) in which the Participant's account is invested as of the date the Alternate Payee's benefit is segregated into a separate account. The Alternate Payee may select any investment option available under the Plan following the transfer of the Alternate Payee's benefit to a separate account. Transfers of funds among investment options thereafter must be accomplished in accordance with the provisions of the Plan. Death of the Participant Any amounts assigned to the Alternate Payee under this Order shall not be affected by the Participant's death. ~ . Section 7. Section 8. Section 9. Death of the Alternate Payee If the Alternate Payee dies prior to receiving his or her share of the Participant's account balance assigned to such Alt~rnate Payee under the terms of this Order, the Alternate Payee's share shall be paid to a beneficiary designated by the Alternate Payee on a form approved by the Plan. If the Alternate Payee has not designated a beneficiary, then upon the Alternate ~ayee's death prior to receiving his or her share of the Participant's account balance assigned to such Alternate Payee under the terms of this Order, the Alternate Payee's share shall be paid in accordance with the terms of the Plan. Investment Direction, Loans and Hardship Distributions To the extent permitted by the Plan, the Alternate Payee shall be permitted to direct investment of his or her separate interest to the same extent as the Participant is entitled to direct the investment of his or her account balances. Unless otherwise permitted under the terms of the Plan, the Alternate Payee shall not be eligible for hardship distributions or loans from the Plan. Erroneous Distributions In the event that the Plan trustee inadvertently pays to the Participant any benefits that are assigned to ~ w . Section 10. the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that he or she has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee witnin ten (10) days of receipt. In the event that the Plan trustee inadvertently pays to the Alternate Payee any benefits that were assigned to the Participant pursuant to the terms of this Order, the Alternate Payee shall reimburse the Plan, to the extent that he or she has received such overpayment, within ten (10) days of receipt of such notice of overpayment. Compliance with Applicable Laws The parties to this Order intend that it comply with applicable provisions of ERISA and the Code. Nothing in this Order shall require the Plan: a. to provide any type or form of benefit, or any option, not otherwise provided under the Plan; b. to provide increased benefits (determined on the basis of actuarial value); and c. to pay benefits to any Alternate Payee that are required to be paid to another Alternate Payee under another Order previously determined to be a qualified domestic relations order. ~ . Section 11. General Upon full payment of the benefits awarded under this Order to the Alternate Payee, the Plan shall thereafter be discharg~d from all responsibility, obligation or , duty with respect to the Alternate Payee. The Alternate Payee is responsible for all income tax due on the payments the Alternate Payee receives from the Plan. All communications between the Participant or Alternate Payee and the Plan, including a change in the Participant's or Alternate Payee's address (which this Order hereby requires the parties to report to the Plan), should be sent to the Plan Administrator at the following address: Super Saver Center P. O. Box 419784 Kansas City, Missouri 64141-6784 ~ 'J ~ Section 12. Reservation of Jurisdiction The court reserves jurisdiction over the parties and the subject matter to amend this Order to establish and maintain it~ status as a QDRO under ERISA and the Code. IT IS SO ORDERED Date: J. Approved as to Substance and Form: , Participant Approved as to Form: Pro Se Attorney for Participant Mary A. Etter Dissinqer, Esq. Attorney for Alternate Payee Address: 931 N. Front St ~402 Harrisburq, PA 17102 phone: Fax: Address: 2208 N. Third Street, #1 Harrisburq, PA 17110 Phone: Fax: - ~ .. " NEIL CHOQUETTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JAMA EMILIE CHOQUETTE, Defendant NO. 05-341 IN DIVORCE CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon Neil Choquette, Plaintiff, and Jama Choquette, Defendant, by First Class united States mail addressed as follows: Neil Choquette 931 North Front Street Suite 402 Harrisburg, PA 17102 Jama Choquette 2208 North 3rd St., Apt 1 Harrisburg, PA 17110 Date: w-v/ <1 0 ~ /10 4 " " ,_~(A . ~~-- Mary A. E ter Dlsslnger J o ~-:) ., -:"") -n :.:::! rn (.~; -- , ~-: (.') :~