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HomeMy WebLinkAbout01-50851N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES G. GAULT, Plaintiff MICHELLE L. GAULT, Defendant CIVIL ACTION - LAW NO. 2001- .g'OdLq' 1N DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JAMES G. GAULT, Plaintiff MICHELLE L. GAULT, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW/:~ . r NO. 2001- ov~B~,,fi 1N DIVORCE COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, James G. Gault, by and through his attorneys, Richard L. Webber, Jr., and the Law Office of Michael J. Hanft, and files the following Complaint in Divorce, and in support thereof avers as follows: COUNT I GROUNDS FOR DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is James G. Gault, who currently resides at 249 Glenn Road, Camp Hill, Cumberland County, Pennsylvania 17011, since December 1998. 2. Defendant is Michelle L. Gault, who currently resides at 249 Glenn Road, Camp Hill, Cumberland County, Pennsylvania 17011, since December 1998. 3. Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint in Divome. Pennsylvania. 5. 6. 7. The parties were married on April 23, 1988 in Camp Hill, Cumberland County, The marriage is irretrievably broken. There have been no prior actions of divorce or for annulment between the parties. Plaintiffhas been advised of the availability of counseling, and that the Plaintiff may have the right to request that the Court require the Parties to participate in counseling. 8. Plaintiff requests that the Court enter a decree of divorce. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. COUNT II GROUNDS FOR DIVORCE UNDER SECTION 3301(a)(6) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, so as to render Plaintiff's condition intolerable and life burdensome. 11. Plaintiff requests that the Court enter a decree of divorce. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant, and any other appropriate relief. COUNT III - GROUNDS FOR DIVORCE UNDER SECTI.ON 3301 a_.(3)_~ 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto 13. Defendant has committed adultery. 14. Plaintiff requests that the Court enter a decree of divorce. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant, and any other appropriate relief. Respectfully submitted, LAW OFFICE OF MICHAEL J. HANFT Richard L. Webber, Jr., Esquire Attorney ID No. 49634 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 .VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: 08[z lot IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES G. GAULT, Plaintiff MICHELLE L. GAULT, Defendant CIVIL ACTION - LAW NO. 2001-5085 IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS Terry E. Walker, being duly sworn according to law, deposes and says that she mailed the Complaint in Divorce in this matter by United States Mail, certified mail, return receipt requested, addressee only, to the Defendant, Michelle L. Gault on August 30, 2001. The return receipt signed by the Defendant is evidence of delivery to Defendant and is attached hereto as Exhibit "A". Ten3~ E. ~lker 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Swom to and subscribed before methis IIb/v dayof 2001. ary Public ' Notadal Seal Mary M. Pdce, Notary Public Cadlsle Bom Cumberland County My Commission Expires Aug. 18, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES G. GAULT, Plaintiff CIVIL ACTION - LAW NO. 2001-5085 MICHELLE L. GAULT, Defendant IN DIVORCE (Endorsement Required) , July 1999 ack:lm~ dlffe~e~ from Item 1 ? r'ly~ If YES, e~t~' delivery address below:, ONo 0 0 ~rn Re~=e~pt fo~ Me~ncl~ [] C.O.D. 4. Re~=~ [~O (Ex~ ~) ;> < IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES G. GAULT, Plaintiff V MICHELLE L. GAULT, Defendant CIVIL ACTION - LAW NO. 2001-$085 CUSTODY _COMPLAINT FOR CUSTODY The Plaintiff is James G. Gault, presently residing at 249 Glenn Road, Camp Hill, Cumberland County, Pennsylvania 17011. The Defendant is Michelle L. Gault, presently residing at Marshall Court Apartments, Marshall Drive, Apartment J4, Camp Hill, Cumberland County, Pennsylvania 17011. Plaintiff seeks custody of the following children: NAME PRESENT RESIDENCE AGE Madalynn Janeil Gault 249 Glenn Road 10 years Camp Hill, PA 17011 DOB 7/22/91 and Marshall Drive, Apt J-4 Camp Hill, PA 17011 Jesse Carl Gault 249 Glenn Road 3 years Camp Hill, PA 17011 DOB 4/24/98 and Marshall Drive, Apt J-4 Camp Hill, PA 17011 The children were not bom out of wedlock. The children are presently in the custody of Plaintiff and Defendant, who reside at the addresses set forth in Paragraphs 1 and 2 above. Plaintiff and Defendant share custody. During the past five years, the children have resided with the following persons and at the following addresses: NAME James G. Gault Michelle L. Gault ADDRESS DATE 249 Glenn Road CampHill, PA 17011 October 2001 to Present Marshall Drive, Apt. J-4 October 2001 to Camp Hill, PA 17011 Present James G. Gault & Michelle L. Gault 249 Glenn Road Camp Hill, PA 17011 November 1998 to October 2001 James G. Gault & Michelle L. Gault 125 South View Drive Fleetwood, PA November 1996 to November 1998 The mother of the children is Michelle L. Gault, currently residing at Marshall Court Apartments, Marshall Drive, Apartment J-4, Camp Hill, Pennsylvania 17011. She is married to the Plalntiffbut separated. The father of the children is James G. Gault, currently residing at 249 Glenn Road, Camp Hill, Pennsylvania 17011. He is married to Defendant but separated. The relationship of Plaintiff to the children is that of natural father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Madalynn Janeil Gault Daughter Jessee Carl Gault Son The relationship of Defendant to the children is that of natural mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP Madalynn Janell Gault Daughter Jessee Carl Gault Son Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person, not a party to the proceedings, who has physical custody of the children or claims to have custody or visitation rights with respect to the children. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff is better able to care for the needs of the children. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant primary physical custody of the minor children to the Plaintiff, subject to reasonable partial custody for Defendant. WEIGLE, PERKINS & ASSOCIATES By: Richard L. Webber, Jr., Es~re Attorney for Plaintiff I.D.#49634 126 East King Street Shippensburg, PA 17257 Telephone 717-532-7388 JAMES G. GAULT : PLAINTIFF : V. MICHELLE L. GAULT DEFENDANT : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5085 CIVIL ACTION LAW IN CUSTODY AND NOW, Friday, January 25, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland Count~ Courthouse, Carlisle on Friday, February 08, 2002 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES G. GAULT, Plaintiff V MICHELLE L. GAULT, Defendant CIVIL ACTION - LAW NO. 2001-5085 CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS Dawn M. Shoop, being duly sworn according to law, deposes and says that on February 2, 2002, a true copy of an Order of Court and a Complaint for Custody were served upon the Defendant, Michelle L. Gault. Manner of service: by mailing the same postage paid, certified mail, addressee only, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows: Michelle L. Gault Marshall Square Apmtments Marshall Drive - Apt. J-4 Camp Hill, PA 17011 ! me this ,2002. I" Notarial Seal Patricia L.Tome, Notary Public Shipl)ensburg Boro, Cumberland County MY ~ommis,~ion Expires June 7, 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES G. GAULT, Plaintiff MICHELLE L. GAULT, Defendant CIVIL ACTION - LAW NO. 2001-5085 CUSTODY · ..Ceml~lete items 1, 2, and 3. Al~o comp~te f~m 4 if Reatricted Delivery is desired. · ~ your name and address on the reveme ~o ~hat wa can return the card to you. · Attach this card to the back of the mallpieca, oron the frorrt If spaca permits. Michelle L. Gault Marshall Square Apartments Marshall Drive - Apt. J-4 Camp Hill, PA 17011 C. Signet D. la de~ve~ d~ ~ ~ 17 [] Express Mail ,~Return Receipt for ~ 0 C.O.D. 4. Restriat~ DUive~,? ~tra F~e) ra ~ ~ 3811, July 1999 ~m~tic R~am R~ ~ lo25g~ WEIGLE, PERKINS ~ ASSOCIATE5 -- ATTORNEYS AT LAW -- 126 ~ST KING STREET -- 5HIPPENSBURG, PA 172~7-1397 5 · MAY 2 1 2002 JAMES G. GAULT, Plaintiff MICHELLE L. GAULT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - 5085 CIVIL IN CUSTODY COURT ORDER AND NOW, this ~ ~'"~day of May, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Father, James G. Gault, and the Mother, Michelle L. Gault, shall enjoy shared legal custody of Madalynn J. Gault, born July 22, 1991; and Jesse C. Gault, born April 24, 1998. 2. The Mother shall enjoy primary physical custody of the minor children. The Father shall enjoy periods of temporary physical custody with the minor children as follows: At Alternating weekends from Saturday at 10:00 a.m. until Monday morning when the Father shall deliver the children to school or day care, as appropriate. On every Tuesday and Thursday from 3:00 p.m. until 8:00 a.m. the following morning when Father shall deliver the clfildren to school or daycare, as appropriate. Ce For a period of one week in the summer upon Father giving mother sixty (60) days notice and with the understanding that the one week will be exercised in conjunction with one of Father's weekends. D. At such other times as agreed upon by the parties. Mother shall always have custody of the minor cMldren on Mother's Day and Father shall always have custody on Father's Day. This provision shall supercede any other custody schedule. 5. Holiday schedule shall be handled as follows: e Ae Easter Sunday, Memorial Day, July 49, Labor Day, Halloween, and Thanksgiving shall be alternated between the parties. The timeframe shall be 9:00 a.m. until 7:00 p.m. unless agreed otherwise between the parties, except for Halloween which shall be in the evening from 5:30 p.m. until 8:30 p.m. The Father shall have Memorial Day 2002 with the parties alternating these holidays thereafter. For Christma~ and absent an agreement by the parties to the contrary, the parties shall alternate Christmas from Christmas Eve at Noon until Christmas Day at Noon and Christmas Day at Noon until December 26~ at Noon. For 2002, Father shall enjoy the first segment of the Christmas holiday. Both parties sh~l! enjoy reasonable telephone contact with the minor children when they are in the custody of the other parent. This Agreement on physical custody is entered with the understanding that Father's time in the summer is limited to only one week except for the other standard schedule. In the event the parties desire to modify this Order, the parties may petition to have the case again scheduled with the custody conciliator for a modification and at that time the parties may assert any position with respect to the extent of Father's overnight custody during the week. Je CC: ~ichard L. Webber, Jr., Esquire Herschel Lock, Esquire fames W. Gault, Esquire 249 Glenn Road Camp Hill, PA 17011 JAMES G. GAULT, Plaintiff MICHELLE L. GAULT, Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 01 - 5085 CIVIL : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent infor,i~ation pertaining to the children who are the subject of this litigation is as follows: M~dalynn J. Gault, born July 22, 1991; and Jesse C. Gauit, born April 24, 1998. 2. A Conciliation Conference was held on May 17, 2002, with the following individuals in attendance: The Father, James G. Gault, who appeared without counsel; and the Mother, Michelle L. Gault, with her counsel, Herschel Lock, Esquire. 3. The parties agree to the entry of an order in the fo~m as attached. ~ilroy~ sqmre MA~RIMON/3%L SE'i~i'L4Z~gT AGREEMENT 8th day of August, THIS AGREEMENT, made this between MICHELLE L. GAULT, hereinafter referred to as J~4ES G. GAULT, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, 2003, by and "Wife", and Wife and Husband were lawfully married on April 23, 1988; and WHEREAS, certain differences hav~ arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous, therefore, of entering into an agreement which will provide for their mutual responsibilities.and rights growing out of. the marriage relationship; and WHEREAS, Wife, after being properly advised by her attorney, Herschel Lock, and Husband, after being advised to retain legal counsel but choosing not to do so, 'have come to the following agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successgrs and assigns thereby, covenant, promis~ and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as she or he may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if she or he were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence~ separate and apart from the other. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. - 2 - 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife from any and all claims or demands made against her by reason of debts or~ obligations incurred by him. 5. MUTUAL RELEASE: Subject to the provisions of this Agreement each party waives her or his right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980, its supplements and amendments. Subject to the provisions of this Agreement, each party has released, discharged, and by this Agreement does for herself or himself, and her or his heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands ·whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives their right to request marital counseling pursuant to the Divorce Code. 6. DIVISION OF PERSONAL PROPERTY: The parties hereto agree that Wife shall receive the first Three Thousand ($3,000) Dollars from their 2002 joint Federal Income Tax refund, less up to but not exceeding One Thousand Four Hundred ($1,400.00) Dollars, the amount deducted therefrom by a Domestic Relations Office's IRS Intercept and Husband shall receive the remaining balance thereof, if any there be. Further, the parties agree that Wife shall keep as her sole and exclusive property her Saturn automobile and that they shall divide equally any and all pensions, retirement or profit sharing plans of any sort, deferred compensation or savings presently of Husband, or in his name or to which he is or will be entitled and acquired or accumulated as of the date hereof including but not limited to those arising from his employment with Prince Law Office, P.C. or its affiliates or successors. As to these, Husband agrees to fully and in a timely fashion cooperate with the equal division thereof between him and Wife, but not limited to, entering into Qualified Domestic Relations Orders and executing any other documents needed to effectuate the agreed upon division. All personal property, household furnishings, furniture and the like, as well as stocks and bonds, savings, retirement accounts or pensions of any sort, any other personalty presently in the possession of each party shall remain the sole and exclusive possession of that party. - 4 - 7. DIVISION OF REAL ESTATE: The parties acknowledge that they have heretofore sold their marital home being known and numbered as 249 Glenn Road, Camp Hill, Pennsylvania and have heretofore divided the proceeds realized therefrom in a fashion satisfactory to both of them. 8. ALIMONY: Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either might now or hereafter have against the other for support, maintenance or alimony. Wife and Husband, further, voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony. 9. ALIMONY PENDENTE LITE, COUNSEL FEES, AND EXPENSES: Wife and Husband acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. The provisions of this Agreement dealing with alimony, alimony pendente lite, counsel fees, spousal support and the like are intended by the parties to be in full and complete satisfaction of any statutory marital rights or obligations of the pa~ties. 10. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of her or his property in any way, and each p~rty hereby waives and relinquishes any and all rights she or he may now have or hereafter acquire, under the present laws of any jurisdiction, t~ share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, unless named to do so in the Will of the other and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, r±ghts and claims. 11. SUBSEOUENT DIVORCE: A Complaint in Divorce has been filed by Husband. Wife and Husband each agree to sign contemporaneously with the execution hereof an Affidavit of Consent and Waiver of Notice of Intent to File for Divorce as well as, thereafter, any other paperwork needed to be filed to conclude their divorce action. The parties further agree that each of them shall be responsible for their own attorney's fees, if any there be. In the event such divorce is concluded, Wife shall be entitled to receive a copy of the Decree In Divorce for the normal fee charged by the Prothonotary. In the event such divorce action is concluded, the parties shall be bound by all the terms of this Agreement which shall be incorporated by reference into the Divorce Decree but, notwithstanding such incorporation, this Agreement shall not be merged in such Decree, but shall in all respects survive the same and be forever binding and conclusive upon the parties. 12. CUSTODY: See 'Paragraph 12: CUSTODY at page 13. - 7 - ' × SUPPORT, See Paragraph 13:SUPPORT at page g ~ x~ ~ x~x ~ ~ x~ ~ x~mx'm~x x'-~m~mckx x x x x~z~x~~~x~xmx~~xx ~xxxx xx~~gx~~~~xxx 14. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at her or his option, remedies or relief as may be available to her or him, and the party breaching this contract should be responsible for payment: of legal fees and costs incurred by the other in enforcing their rights under this Agreement. -87 15. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be required to give full force and effect to the provisions of this Agreement. TAx RAM CAT O.S:See paragraph ~XKXXX,X~xXF~iMXEx]~X~E~XX page 1 5. x~xax~axx~x~x~XX~x~h~x~x~Xx~i~xF~xxxxx ~x~xx~xx~x~~x~x~x~~xxxxxxxx ~x~x~x~~xx~w~x~Xx~x~x~x~xxxxx ~X~X~a~X~XX~X~X~XX~XX~X~X~Xa~XNX~X ~~H~x~XH~XX~H~~m~w xw~x~x~XX~XXXXXXX ~m~X~a~X~m%X~m~m~X~m~x~X~X~X~;~XXX ~~xx~wmmx~mfxmz~~m~x~m~X~xxxxxxx ~X~X~~xxm~ww~mm~*~x~x~m~a~xxxx ~x 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and eack party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 18. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or understandings other than those expressly set forth herein. Wife.an~ Husband acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property or 10 fo~ a~imony, alimony pende~te l~te, counsel fees or costs by'any court of competent jurisdiction pursuant to the Divorce Code or any other laws. Wife and Husband each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 19. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever determining the rights or obligations of the parties. in 20. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 21. APPLICABLE LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. 22. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or - 11 - invalid in law or otherwise, then only that term, condition or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force and operation. 23. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns.· 24. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. xx~xx - 12 12. CUSTODY: Wife and Husband acknowledge that there is presently an Order of Court regarding the custody of their minor children, Madalynn Janell Gault and Jesse Carl Gault (Cumberland County No. 01-5085). The parties agree that they shall continue to share joint legal custody. As for physical custody of the children, the parties hereby agree that (a) Wife shall remain the primary physical custodian of Jesse and that Jesse shall be allowed to relocate with Wife to California, and (b) Husband shall become the primary physical custodian of Madalynn and that Madalynn shall continue to reside with Husband in Pennsylvania. The parties further agree to allow each other reasonable and regular contact with the child not in their custody. Wife agrees that she shall bear initial annual travel expenses associated with any trips transporting Jesse to and from Pennsylvania and/or transporting Madalynn to and from California to an annual cap of One Thousand 6~ Eight Hundred ($1,800.00) Dollars after which time Husband shall ~ cost of the children's transportation. As for any transportation expenses incurred by either parent to travel to California from Pennsylvania, or from California to Pennsylvania, while seeking said reasonable and regular contact with the child not in their custody, said parent shall bear their own individual travel expenses and each parent shall not seek any funds from the other parent to meet their own individual travel expenses for said interstate trips. Wife and Husband agree that said interstate trips to and from California and Pennsylvania shall not involve taking the children on interstate trips via automobiles/motor vehicles: it is the intent of the parties to utilize air, train, bus, or safer mode of travel to transport the children for interstate travel. As for partial physical custody of the children, the parties hereby agree that Wife and Husband shall share the children for equal periods of time during both summer school vacations (encompassing at least June 10 through August 29, i.e., 80 days divided into two periods of 40 days each) and shall likewise share the children for a similar equal division of days attendant to Christmas Holiday school vacations. In recognition of the need to maximize time shared by siblings, the parties agree that the children shall remain together and under the same roof with either of said parent during said periods of partial physical custody. Furthermore, Wife and Husband agree to alternate custody of both children on Christmas Eve and on Christmas Day, said custody dates to be alternated in Pennsylvania. -13- 13. SUPPORT: As part of this Agreement, the parties acknowledge that there is presently a child support order in force against Husband (Cumberland County, Domestic Relations Case No. 33-02 and PASCES No. 611104165). Given the aforesaid custodial arrangement, the parties hereby agree that each parent shall be solely responsible for support of the child in their primary physical custody upon Wife's relocation to California on or about August 25, 2003. To wit, Wife shall support Jesse thereafter and Husband shall support Madalynn thereafter. Neither parent shall seek any support from the other parent for the child in their custody. With respect to any child support that remains due and owing from Husband to Wife under the aforesaid support order or modifications thereof, said sums (including any and all arrearages) shall remain payable to Wife, and Husband shall remain responsible for any such due and owing child support sums (including any and all arrearages). - 14- 16. TAX RAMIFICATIONS: The parties have negotiated this Agreement with the understanding and intention to equitably divide their marital property. The parties have determined such division confom~s to all rights and just standards with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute or any way a sale or exchange of assets. It is understood that the property transfer described in this Agreement falls within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. The parties acknowledge that the distribution of Husband's Profit Sharing Plan funds shall create an income tax assessment against said distribution of funds. The parties further agree that each party's equitable share of said Profit Sharing Plan distribution of funds shall be reduced by an equal 50% amount representing one-half of any income tax assessment. Additionally, it is agreed that the parties shall equally divide any future child tax exemptions or child tax credits. In accordance with the parties' child custody agreement as described herein, the parties agree that Husband shall be entitled to claim Madalynn J. Gault on any and all future tax returns that he may file while their daughter remains in his primary physical custody and that Wife shall be entitled to claim Jesse C. Gault on any and all future tax returns that she may file while their son remains in her primary physical custody. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: -15- AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) SS: On this, the day of U , 2003, before me, a'Notary Public, the undersigned officer, personally appeared MICHELLE L. GAULT, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Public ~ ~ C~USL~, CUMgERLAN ! PA AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF DAUPIIIN ~'~3~ ) SS: On this, the ~ day of ~.$F-- , 2003, before me, a Notary Public, the undersigned officer, personally appeared JAMES G. GAULT, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. I have hereunto set my hand and IN WITNESS WHEREOF, notarial seal. Notarial Seal Robert J. Mulderig, Notary Public Cadlsle Bom, CumbedandCounty My Commission Expires Nov. 13, 2004 JAMES G. GAULT, : Plaintiff : VS. : MICHELLE L. GAULT, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5085 CIVIL TERM ACTION IN DIVORCE ORDER this ~day of ~ Ai~D NOW, Stipulation is hereby approved as an ORDER of the Court. are directed to comply with all the terms and conditions Stipulation. 2003, this The parties of the JAMES G. GAULT, Plaintiff vs. MICHELLE L. GAULT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5085 CIVIL TERM ACTION IN DIVORCE QUALIFIED DOMESTIC ~RT.ATIONS ORDER BY STIPULATION AND NOW, upon submission by the parties hereto of this stipulated Qualified Domestic Relations Order (QDRO) respecting the division between the parties of the vested interest of the Plaintiff's retirement plan known as Prince Law Offices Profit Sharing Plan and Trust Agreement for the benefit of the Employees of Prince Law Offices P.C. The court enters the following orders to implement its Permanent Orders and the provisions of the parties' Marriage Settlement Agreement and as part of the Permanent Orders and Divorce Decree of dissolution of their marriage entered heretofore, it is hereby found and concluded as follows: 1. The parties hereto were husband and wife and seek this order in conjunction with a final Divorce Decree dissolving their marriage dated 2003. 2. Plaintiff James G. Gault is a participant in the Prince Law Offices Profit Sharing Plan and Trust Agreement for the benefit of the Employees of Prince Law Offices P.C. and portions of the assets in his accounts are marital property, subject to a division between the parties under Pennsylvania law. Plaintiff shall be referred to as "Participant" in this Order. Defendant, Michelle L. Gault is the former spouse of Plaintiff, pursuant to the Decree of Dissolution of Marriage, and shall be referred to as" Alternate Payee" in this Order. 3. Pursuant to the Matrimonial Settlement Agreement incorporated into the Divorce Decree in this action, it has been ordered that a portion of the Plaintiff's interest in the Prince Law Offices Profit Sharing Plan be awarded to Alternate Payee herein. 4. Participant, James G. Gault whose Social Security Number is 198-58-2031 was previously employed by Prince Law Offices, P.C. and was a participant in the Prince Law Offices Profit Sharing Plan. 5. Participant's current and last known mailing address is 503 Magaro Road, Enola, Pennsylvania 17025. 6. Alternate Payee Michelle L. Gault's current and last known mailing address is 6 Marshall Drive, Apt. J-4, Camp Hill, Pennsylvania 17011. 7. Alternate Payee's Social Security Number is 206-48-2802. 8. To accommodate and effectuate the parties' agreed upon distribution of their marital property it is hereby ordered and decreed as follows: (a) Participant's Prince Law Offices Profit Sharing Plan previously referenced is marital property. (b) That subject to the finalization of the divorce and the execution of the documents required by Prince Law Offices Profit Sharing Plan and the terms thereof, the following portion shall be awarded to the Alternate Payee as her sole and exclusive property. The Alternate Payee shall receive Fifty (50%) per cent of Participant's vest account balance. 11. Ail ownership and interest in the balance of the accumulations in portion of Prince Law Offices Profit Sharing Plan will belong to the Participant. (c) The parties are directed to timely submit to Prince Law Offices Profit Sharing Plan all documents, including distribution forms that are required to finalize this order. 9. This Order: (a) Does not require any plan to provide any type or form of benefit, or any option, not otherwise provided under the plan; (b) Does not require the Prince Law Offices Profit Sharing Plan to provide increased benefits; and, (c) Does not require the payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another order previously determined to be a Qualified Domestic Relations Order. 10. It is intended that this Order will qualify as a Qualified Domestic Relations Order under the Internal Revenue Code of 1986 as amended from time to time (the "Code"), and that the provisions hereof shall be administered and interpreted in conformity with the Code. This Order shall not be a taxable event for the Respondent (participant). Alternate Payee may rollover or distribute the proceeds from this distribution, pursuant to the Plan's provision or not, at her discretion, and shall be solely responsible for the tax consequences associated with her action. 11. This court retains jurisdiction to issue further orders as needed to execute this Order and to amend this Order for purposes of establishing and maintaining its qualifications as a Qualified Domestic Relations Order under the Code and retains jurisdiction and to amend the Order for purposes of making the Order consistent with the intent of the parties as set forth in the parties' Property Settlement Agreement provided that no such amendment or the right of the Court to so amend will invalidate this Order as "qualified" under the Code. So Stipulated: Date: Alter~ate Payee Date: ~ lb, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES G. GAULT, Plaintiff MICHELLE L. GAULT, Defendant CIVIL ACTION - LAW NO. 2001-5085 IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS Terry E. Walker, being duly sworn according to law, deposes and says that she mailed the Complaint in Divorce in this matter by United States Mail, certified mail, return receipt requested, addressee only, to the Defendant, Michelle L. Gault on August 30, 2001. The return receipt signed by the Defendant is evidence of delivery to Defendant and is attached hereto as Exhibit "A". 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Sworn to and subscribed before methis ~1/~ dayof ~efteml~er 2001. Public Notarial Seal Mary M. Price, Notary Public Carlisle Bom Cumber and County My Corem ssion Expires Aug. 18, 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES G. GAULT, Plaintiff MICHELLE L. GAULT, Defendant CIVIL ACTION - LAW NO. 2001-5085 IN DIVORCE £'~1P HILL P~ 170H postage $ I[fJ.57 Oeriified Fee $2,10 Return Receipt Fee TotalPostage&Fee~ $ $7,37 card to the beck of the r~aJlple~, ~'ont if space permits. PAc X ~l~ (,u~=T-~ ~ Addre~..~ee 3. Se~vi Type JAMES G. GAULT, : Plaintiff : MICh~A~LE L. GAULT, : Defendant : IN THE COURT OF CO~4ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5085 CIVIL TERM ACTION IN DIVORCE AFFIDA~-fT OF CONS~T Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, JAMES 6. C=AULT, who, being duly sworn according to law deposes and says that: 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on Au§ust 30, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3, I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to tunsworn falsification to authorities. Sworn to and. subscribed befor~e me ~hls Notary Public NOTARIAL SEAL 'IRIS,HA A. L~SS. NOTARY PUBLIC BOROUGH Of= CARtJSLE, CUMBERLAND CO., PA MY COMMISSION EXPIRES MAY 20, 2006 JAMES G. GAULT, : Plaintiff : VS. : MICHELLE L. GAULT, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5085 CIVIL TERM ACTION IN DIVORCE WAIVER OF NOTICE OF INTENT TO REQUEST EI~'rRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF T~E DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 related to unsworn falsification to authorities. JAMES G. GAULT, Plaintiff vs. MICHELLE L. GAULT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5085 CIVIL TERM ACTION IN DIVORCE I, JAMES G. and says: 1. I have AFFIDAVIT GAULT, being duly sworn according to law, deposes been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to Sec. 4909 relating to unsworn the penalties of 18 Pa. C.S. falsification to authorities. JAMES G. GAULT, : Plaintiff : VS. : MICHELLE L. GAULT, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5085 CIVIL TERM ACTION IN DIVORCE AFFIDAVIT OF CONSENT Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, MICHELLE L. GAULT, who, being duly sworn according to law deposes and says that: 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on ~ ~)olt~l 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final after service of notice of intention to request decree. decree of divorce entry of the I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Sworn to and subscribed before mD this3/zg~ day of ~ , 2003. Notary Public JAMES G. GAULT, : Plaintiff : VS. : MICHELLE L. GAULT, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5085 CIVIL TERM ACTION IN DIVORCE WAIVER OF NOTICE OF INTENT TO REQUEST E~'£KY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 related to unsworn falsification to authorities. MICHEIILE L. JAMES G. GAULT, Plaintiff vs. MICHELLE L. GAULT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5085 CIVIL TERM ACTION IN DIVORCE I, MICHELLE L. deposes and says: AFFIDAVIT GAULT, being duly sworn according to law, 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4909 relating to unsworn falsification to authorities. JAMES G. GAULT, P~aintiff MICHELLE L. GAULT, Defendant To the Prothonotary: IN THE CC~RT OF CCP~ON PLEAS OF CJ3MBERLAND COUNTY, PENNSYLVANIA' NO. 2001-5085 CIVIL TERM ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c) ~3~Pix~qLyX$[ of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: August 30, 2001, Certified Mail, Return Receipt Requested 3. Complete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff August 15, 2003 by the defendant July 31, 2003 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(1)(i) of the Divorce Code Herschel Lock, Attorney for t~l~9~R/Defendant IN THE cat JRT OF COMMON PLEAS OF: CUMBERLAND COUNTY STATE OF ~, PENNA. · -. JAMES ..G..- .GAULT, ....... Plaintiff MICHELLE L. GAULT .... Defendant DECREE IN D I V 0 R C E~_l._3:~F~f.,~' AND NOW ......... ~'~ 2003 it is ordered and decreed that JAMES G. GAULT plaintiff, and ...... MI.C. Hg.L.L.E..L:..G.A.U..L.T ................................ defendant, are divorced from the bonds of matrimony. The co.rt 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 attached Matrimonial Settlement A~reement is incorporated ...her.ein..