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Home My WebLink About05-2776 , " James E. Midgarden, Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. Kimberly M. Midgarden, Defendant CIVIL ACTION - DIVORCE NO. O!J'- 0/17(, CU<-J 1;..-. NOT ICE T 0 D E FEN D 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 iproceed 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: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 II James E. Midgarden, Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. Kimberly M. Midgarden, Defendant CIVIL ACTION - DIVORCE NO. t'J-J 77<,. I I i You are one of the parties in the above captioned action in , Idivorce. By virtue of Section 202 of the Pennsylvania Divorce Code, :it is a duty of the Court to advise both parties of the availability lof counseling and upon request of either provide both parties a list ! jOf qualified professionals who provide such services. NOTICE OF RIGHT TO COUNSELING Accordingly, if you counselors is available in desire counseling a list of the Office of the Prothonotary marriage at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 II , I I I I I I I'James E. Midgarden, Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. Kimberly M. Midgarden, Defendant CIVIL ACTION - DIVORCE NO. 05-, ,} 7/1.. &0' -r;;~ CONSOLIDATED COMPLAINT IN DIVORCE 1. Plaintiff is James E. Midgarden, Jr., residing at 429 'Blacklatch Lane, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Kimberly M. Midgarden, residing 429 Blacklatch Lane, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are sui luris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on October, 1991,in Ventura County, California. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant are in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. " 8. The Plaintiff has been advised and of the right to request participate in counseling. of that the availability of the Court require the counseling parties to COUNT I Request for a Fault Divorce Under 3301(a)(6) of the Divorce Code !9. I Iby , I 110. Defendant has offered such indignities to the Plaintiff, who is Ithe innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. The prior paragraphs of this Complaint are incorporated herein reference thereto. 11. This action is not collusive. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce, pursuant to 3301(a) (6) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein y reference thereto. 14. The marriage of the parties is irretrievably broken. 15. After ninety (90) days have elapsed from the date of the filing f this Complaint, Plaintiff intends to file an affidavit consenting II Ii I i I i I to a divorce. Plaintiff believes that Defendant may also file SUCh/ an affidavit. I I 16. Plaintiff has been advised of the availability of counseling I and that Plaintiff and Defendant have the right to request the court/ to require the parties to participate in such counseling. i I afterl WHEREFORE, if both parties file affidavits to a divorce ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT III Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 17. The prior paragraphs of this Complaint are incorporated herein y reference thereto. 18. The marriage of the parties is irretrievably broken. 19. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file his affidavit of having lived separate and apart. 20. Plaintiff has been advised of the availability of counseling nd that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed his affidavit, Plaintiff espectfully requests the Court to enter a Decree of Divorce, ursuant to 330l(d) of the Divorce Code. II COUNT IV Request for Equitable Distribution of Marital Property Under 3104, 3323, 3501, 3502 and 3503 of the Divorce Code 21. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 22. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of said marriage until the date of their separation. I !23. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully equitably distribute the marital property to 3104 and 3502(a) of the Divorce Code. requests the Court to of the parties, pursuant Respectfully submitted, DISSINGER and DISSINGER () ~ ~~-' ~Etter Dissinger ~ Attorney for Plaintiff Supreme Court ID # 27736 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 II ,- II II II II I, I VERIFICATION I, James E. Midgarden, verify that the statements made in the .Divorce Complaint 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. Plaintiff I r> ~ ~ \; .. '-... Is ... -<: '-' c- L, -, ...... C C) ~"' r-;,:,-' , , ~ c-' c,:""> - , I ~;"1 .-, , -'r-: -T-, ,-'-n j? f'" ~\ --; " '"" ,< , (,-:";,) lu --j 0 ) -, "" -D -, .. -'<., ..,.:. " 0 Is. \ e 2, C3 ~l F';::~ J~ b "- l' .. II I James E. Midgarden, Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - CUSTODY Kimberly M. Midgarden, Defendant NO. NOT ICE T 0 D E FEN D You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 ----~- ) a A. Etter issinger Attorney for Plaintiff Karen L. Cummings Attorney for Plaintiff " ... II I I IJames E. Midgarden, Jr., I Plaintiff , vs. IKimberlY M. Midgarden, Defendant , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 0<..-- ;2.174 G,J 7;... COMPLAINT FOR CUSTODY 1. Plaintiff is James E. Midgarden, Jr., lacklatch Lane, Camp Hill, Cumberland County, residing at 429 Pennsylvania. 2. Defendant is Kimberly M. Midgarden, residing 429 Blacklatch ane, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: ame Present Residence Age aith E. Midgarden 429 Blacklatch Ln., Camp Hill, PA DOB-313/93 annah M. Midgarden 429 Blacklatch Ln., Camp Hill, PA DOB-3/22/94 429 Blacklatch Ln., Camp Hill, PA DOB-1I22/98 The children not born out of wedlock. The children are presently in the custody of Plaintiff who esides at 429 Blacklatch Lane, Camp Hill, Cumberland County, ennsylvania. During the past five years, the children have resided with following persons at the following addresses: 429 Blacklatch Ln., Camp Hill, PA 2000-present ames E. Midgarden Addresses Date imberly M. Midgarden II , Ii I 17. at The mother of the children is Defendant 429 Blacklatch Lane, Camp Hill, who currently resides Cumberland County, Pennsylvania. 8. She lS married to Plaintiff. 9. The father of the children is Plaintiff 429 Blackla tch Lane, Camp Hi 11, resides County, who currently Cumberland at Pennsylvania. 10. He is married to Defendant. 11. The father. relationship of Plaintiff to the children is that of The Plaintiff currently resides with wife and children. 12. The relationship of Defendant to the children lS that of other. The Defendant currently resides wi th husband and children. 13. 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. 14. Plaintiff has no information concerning the children pending in a of a custody proceeding court of this Commonwealth. 15. Plaintiff does not know of a person not a party to the roceedings who has physical custody of the children or claims to ave custody or visitation rights with respect to the children. The best interest and permanent welfare of the children will e served by granting the relief requested because he can provide more stable environment within which the children will grow and flourish. ,.. II ~ 17. 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. All other persons, named below who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff requests the Court to grant the parties joint legal custody of the children and primary physical custody of the children to Plaintiff. Respectfully Submitted: DISSINGER AND DISSINGER y. lA, By: -'" II, r'C ,--------- M ry A. Etter D~ss~nger I Attorney for Plaintiff ' Supreme Court I.D. #27736 Karen L. Cummings Attorney for Plaintiff Supreme Court ID #85556 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 4 . ,.... Ii I' I II VERIFICATION I I, James E. Midgarden, verify that the statements made in the 'Complaint for Custody are true and correct. I understand that ,false statements herein are made subject to the penalties of 18 I Ipa.c.s. ~4904 relating to unsworn falsification to authorities. ,"'--\ Plaintiff / "ames ;// ~~ r ~ j f ~ \ n < ,. c- J '" '" g. -" r,', tv '" C,",) '~',~~ :;::.) q '-:-f no; ~"..< '"', ~ '- ---1 -,,"j . .~ James E. Midgarden, Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COuNTY PENNSYLVANIA vs. CIVIL ACTION - DIVORCE KimberlY M. Midgarden, Defendant NO. 05- -;.17[, PET1T10N FOR EXCLUS1v& POSSESS10~ And noW o=e" Jome" E. Midgarden, by and thrOugh hi" attorney" pi""inger & Di""inger reque"t" the court to grant him exolu"ive pO""e""iOn of the marital re"idenoe in "UPpott of hi" petition avers as followS: 1. petitioner is James E. Midgarden, Jr. 2. Respondent is KimberlY M. Midgarden. 3. The partie" are the parent" of three minor daughter" 4. petitioner haS filed the complaint in Divorce "imu'taneou"'Y with the filing with thi" petition for EXclusive possession. 5. petitioner ha" "imu'teneou"'Y' with the filiog of thi petition, also filed a complaint for custodY, 6. on may 15, 2005, Re"pondeot indioated that "he intent to remove the ohildren from the marital re"idenoe en' the Commonwealth. ,. DO maY 18, 2005, Re"pondent left the marital re"ideo to go to Wisconsin and visit with a paramour on the preten"e of goiog to lowa to vi"it with her family. 8. Re"pondeot never oontaoted the fomily until sunday night when she left a voice message on the telephon the marital residence indicating she would be arriv at her sister's house in Iowa on Tuesday. 9. Late in the evening of May 25, 2005, Respondent returned to the marital residence. 10. Re"pondeot haa in"i"ted that petitioner paok hi" t and leave the marital residence. 11. prior to Respondent leaving the marital residence May 18, 2005, she indicated to petitioner that sh wanted a separation and divorce. -- . II r- !' 12. petitioner is on medication for the stress resulting from Respondent's demand for a divorce, and he has had to seek the care of a physician and obtain a prescription drug so that he may sleep at night as a result of the stress. 13. Respondent's presence in the marital residence at this juncture, after having left the residence to engage in an extra-martial affair, and then return causes petitioner's stress to be exacerbated. 14. Petitioner is capable of caring for the three minor children of the parties without Respondent's assistance. 15. The tension created by the parties living together after Respondent's infidelity has a detrimental effect on the children and is not in their best interest. Wherefore, petitioner requests that he be awarded exclusive possession of the marital residence pending resolution of the parties' divorce and equitable distribution. Respectfully submitted, DISSINGER and DISSINGER ) / ( If / A. Etter issinger Att rney for Plaintiff Supreme Court ID # 27736 Karen L. Cummings Attorney for Plaintiff Supreme Court ID # 85556 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 r 1/ I , VERIFICATION " Jome" E, Midgorden, Verify fhof fhe "fofemenf" made in fhe Divorce Camploinf ore froe and cOrrecf, 'under"fond fhof fol"e "fofemenf" herein ore made "Objecf fo fhe Punolfie" of 18 Po, C,8, 54904 relating to unsworn falsification. ~ .....' (,:',; ~'I'l ( ,~-) '-' , =-;:1 ;', r.> _I c:' N ~.t:1 (....) - f ..... ,. James E. Midgarden, Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - CUSTODY NO. O{' .)1/(", ~ f..- Kimberly M. Midgarden, Defendant MOTION FOR EXPEDITED HEARING ANQ EX PARTE ORDER And noW comes James E. Midgarden, Plaintiff in the Custody Action and requests the Court for an order directing that neither party shall remove the children from the commonwealth of pennsylvania until such time as a Custody conference is scheduled, and requests an expedited Hearing and in support of that Motion avers as follows: 1. Plaintiff is James E. Midgarden, who resides at 429 Blacklatch Lane, Camp Hill, cumberland County, pennsylvania. 2. Defendant is Kimberly M. Midgarden, who resides at 429 Blacklatch Lane, Camp Hill, cumberland County, pennsylvania. 3. plaintiff has filed a custody complaint attached hereto as exhibit \\A". 4. On May 15, 2005, the Defendant told the Plaintiff that she was so frustrated that she wanted to take the children and leave. 5. On May 18, 2005, Defendant left the state to visit a paramour. 6. Defendant'S sister told plaintiff she was going to return to pennsylvania on May 25, 2005, at 11:00 pm. 7. Defendant, on May 24, 2005 called plaintiff at work and was very irrational and emotional in the telephone conversation with plaintiff. 8. Plaintiff is fearful that Defendant will remove the three (3) minor children of the parties from the marital home and from the commonwealth. 9. All three children are in school, and it is in their best interest to remain in the marital home with plaintiff. . II I 10. Per:111sy 1 \Tani a Illatter to be 11. In the interest Of. . . 'n'e'es, of 'be cb,t~d'C'al eCOnomy, and 'n COe" en'e, 'en, " 's app , 'be bes, cb"d'en f,o:n,~'de, ba"'ng 'be ,e:Zt'fa'e 'ba, 'be Ces,ody COnfe'e e Commonweal'b ""'" s~ b of, 'be nce can be SChed111 d c t~Ille as a Wherefore JaIlle e . ,~~ COe" '0 e~'e, .: ~d~dga'den, '",oegb b,s Co cb"d'en f'om 'be' , P'eVen"ng bO'b ,ensel, 'eques,s SCbedele an eXPed"ed le"Sd'C"on Of 'he Co~:"'es f'om 'emOV'ng ear~ng. "'"onwea1th, and is the Only' . . adJ'ud' JUr~Sd~Ction ~Cated. for a CUStody /~ RespeCtfUllY sUbIllitt d e , ]):r88:r!lGE:~ / and ]):r88:r!lGE:~ . '" /) '-/' -" L J A: y A. Etter b?SSing;r S Orney fOr Plaintiff UpreIlle COurt In # 27 Karen L. CUIl1rn' 736 Att ~ngs S orney fOr Plaintiff uPreIlle COUrt In # 28 North Th' 85556 Camp Hill ;;tr-secOnd Street (717) 975~2840 7011 -. .~ rl 'i I VERIFICATION I, James E. Midgarden, verify that the statements made in the Divorce Complaint 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. ) ( / Ilf Ii) \... ;.;itli.t\... ~ ~ / !~illl ' _:.James E. Mi ~rden('Plaintiff ...., c, ui , , -n --1 ~!~ ," ~, , . -_.l -', (, C) JAMES E. MIDGARDEN, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-2776 CIVlL ACTION LAW KIMBERLY M. MIDGARDEN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 02, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at DJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Monday, July 25, 2005 at 9:00 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 hearinf!. FOR THE COURT. By: Isl Melissa P. Greevv, Esq. Custody Conciliator 'V 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 HA VE 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3 166 ~ f= .1' ~ ~ NE:.p - ~ :f2- ~ ~k -sr;?['o/ ~ ~ ?'-~4.1"V y".,,, VIN\f^lAS~~kld I 'N""'. ,.., n'.:'\!,j"8Io"lno I\J. '! 1\"t,) '. ,- ..~_ 20 :21 Wd C- Nor soaz Al:JV10\lOH.!P~H! .:10 381:B1..1-{] Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PAl 711 0 (717) 540-9170 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA JAMES E. MID GARDEN, JR., PLAINTIFF v. : NO. 05-2776 CIVIL TERM KIMBERLY M. MID GARDEN, DEFENDANT CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance as counsel of record, for the Defendant, Kimberly M. Midgarden, in the above-captioned matter. Respectfully requested, u-IO-O~ Date SERRA TELL! SCHIFFMAN BROWN & CALHOON OJift~owJ1. Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, P A 17110 (717) 540-9170 -------- ~ ;:i; ~ <c: -"1.'~'" ~- - v' o -n .-% ::C-n fll f:: ~nh:' ~nt? 9~Q, _,,_ l '. is :!.) "',,--,(; /:..n. o -\ 'Z. ':.t -0 ~ t;,? <-,) (of\ . James E. Midgarden, Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. Kimberly M. Midgarden, Defendant CIVIL ACTION - DIVORCE & CUSTODY NO. 0<;;. - d/) (p AFFIDAVIT OF MAILING COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND Mary A. Etter Dissinger, attorney for Plaintiff, James E. Midgarden, being duly sworn according to law, says that she mailed by United States Certified Mail, Restricted Delivery, a true and correct copy of the Complaint in Divorce and the Custody Complaint in this action to the Defendant at her residence, and that Defendant did receive same as evidenced by the signed receipt dated June 1, 2005, attached hereto as Exhibit "A". .~ rfC;f:N:;;.-L1 " _ May A. Etter DiSSing~ Attorney for Plaintiff Supreme Court ID #27736 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 Sworn to and subscribed before me this 1,~ day of June, 2005. c~ NOTARIAL SEAl. lWA MARIE YOUNG, NolaIy PublIc Mar..... SIIto, PwIy ~ Camr'.1lan Ellplrea Oct. 31, 2lI05 \I '-'" pl8leJlems 1, 2, and 3. Also complete 4 W ReslrIcIed OeRvecy Ia deslr8d. . rint your name and address on the reverse so that we can return the card to you. . Attach this card to the back of tha mallphlc&, or on the fmntlf space permits. 1.__10: ~ft.-lIbe?JU.'f N. f..,((d~m@1-! 4'[ q 13tA-ClLlA1'C H L",,~," e..",H,p H,u.. I PP. 1'70(( s...-~ l3'CertJt\ecl Mall a ~ Mall a Re(,-"" a Rfb.m~filr_ a InsuOld MaJI a C.O.D. 4. _..bld DoIiw11"y? jEl<lno fW) 2. c1eNumber tIomB8n'lcl!(abf/). P6 FOI"lJ1 3811.' Aug~ ~cItl1 7001 1940 0000 9249 4392 ,\ \ \ ! ~ Return ReceiPt 1Q2595-02..M.1540 EXHIBIT "A" \ . \ r:: ~ -00: rnrr '-;1'-' ->,~- 1I~ ~~: ~..:.: )~c "._,t fc:. -.' ?- -< ~"" (,.:.;~ ..,;;;::;> cr> (",. C) -n .-\ :1: -r, fi1~:; -=2\5 fn ,'~, ,1 , ~'; ,~..'\ - Cara A. Boyanowski, Esquire Supreme Court 1.0. No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PAl 711 0 (717) 540-9170 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA JAMES E. MID GARDEN, JR., PLAINTIFF v. : NO. 05-2776 CIVIL TERM KIMBERLY M. MID GARDEN, DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown ofthe marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary, Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 NOTICIA Le han demandado a usted en 1a corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de p1azo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiends:, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier quejao alivio que es pedido en la peticion do demanda. U sted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SINOTIENEELDINEROSUFICIENTEDEPAGAR TALSERVICIO, VAYAEN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 2080 Linglestown Road Suite 20 \ Harrisburg, P A 17\1 0 (717) 540-9170 ; IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA JAMES E. MID GARDEN, JR., PLAINTIFF v. ; NO. 05-2776 CIVIL TERM KIMBERLY M. MIDGARDEN, DEFENDANT ; CIVIL ACTION - LAW ; IN DIVORCE ANSWER TO CONSOLIDATED COMPLAINT IN DIVORCE WITH COUNTERCLAIMS AND NOW, comes the Defendant, Kimberly M. Midgarden, by her attorney, Cara A. Boyanowski, Esquire, and files this Answer to the Consolidated Complaint in Divorce With Counterclaims, and sets forth the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Defendant has no knowledge, direct or otherwise, as to the averment set forth in Paragraph Eight (8). COUNT I Request for a Fault Divorce Under 3301 (a) (6) of the Divorce Code 9. No answer deemed necessary. The averment set forth is an introductory comment. 10. Denied. It is specifically denied that Defendant offered such indignities to the Plaintiff, who is the innocent and injured spouse, as to render his condition intolerable and life burdensome. Strict proof of same is requested at time of trial. 11. Admitted. 12. Defendant has no knowledge, direct or otherwise, as to the averment set forth in Paragraph Twelve (12). WHEREFORE, Defendant respectfully requests that the divorce grounds set forth under Section 3301 (a) (6) of the Consolidated Complaint in Divorce be dismissed. COUNT II Request for Divorce Due to Irretrievahle Breakdown Under 3301 (c) of the Divorce Code 13. No answer deerned necessary. The averment set forth is an introductory comment. 14. Admitted. 15. Defendant has no knowledge, direct or otherwise, as to the averment set forth in Paragraph Fifteen (15) surrounding Plaintiffs actions. Defendant will admit that if the parties can settle their outstanding economic claims and Plaintiff files the necessary documents to finalize the divorce action at the conclusion of the statutory ninety (90) day waiting period, she will sign and file an affidavit of consent. 16. Defendant has no knowledge, direct or otherwise, as to the averment set forth in Paragraph Sixteen (16). WHEREFORE, if both parties file affidavits to the divorce action after the statutory ninety (90) day waiting period has elapsed from the filing of this Complaint, Defendant respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301 (c) of the Divorce Code. COUNT III Request for Divorce Due to Irretrievable Breakdown Under 3301 (d) ofthe Divorce Code 17. No answer deemed necessary. The averment set forth is an introductory comment. 18. Admitted. 19. Defendant has no knowledge, direct or otherwise, as to the averment set forth in Paragraph Nineteen (19) regarding what actions Plaintiff will make at the conclusion of two (2) years. 20. Defendant has no knowledge, direct or otherwise, as to the averment set forth in Paragraph Twenty (20). WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed his affidavit, Defendant respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301 (d) of the Divorce Code. COUNT IV Request for Equitable Distribution of Marital Property Under 3104, 3323, 3501, 3502 and 3503 Of the Divorce Code 21. No answer deemed necessary. The averment set forth is an introductory comment. 22. Admitted. 23. Admitted. WHEREFORE, Defendant respectfully requests the Court to equitably distribute the marital property ofthe parties, pursuant to 3104 and 3502 (a) of the Divorce Code. COUNTERCLAIMS COUNT V Alimony 24. Paragraphs 1 through 23 of the Consolidated Complaint in Divorce, filed on May 27, 2005, are incorporated herein by reference as though set forth in full. 25. Defendant lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 26. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Defendant requests your Honorable Court to enter an award of alimony in her favor. COUNT VI Alimony Pendente Lite, Counsel Fees, Costs and Expenses 27. Paragraphs I through 23 ofthe Consolidate Complaint in Divorce, filed on May 27, 2005, are incorporated herein by reference as though set forth in full. 28. Plaintiff earns in excess of$96,OOO.00 dollars gross per year, and has assets that have not yet been ascertained. 29. Defendant has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 30. Defendant is unable to sustain herself during the course of this litigation. WHEREFORE, Defendant requests your Honorable Court to enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. I verifY that the statements made in this Answer to Consolidated Complaint In Divorce With Counterclaims are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. "ore r-<- t "'dO 5"' By:~~()f1OW5b' Cara A. Boyanowski, Esquire Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, P A 17110 (717) 540-9170 Attorney for Defendant -p ~ - ~ (J) (,0 w D , v-..> ~ ~ -\,g. .l:: o C> \) ~ :b ~ r- ~ , ~ t ----.f.., :1 ( , " Sj ...." C? C? c.n L,. c:,~ o ""11 -f ~'""'J -"hi "''T ;~1~ (~() ~::,,- rn ",:~ '-", ~i? .", en " -~.'. -~,. r:? en r"',) Cara A. Boyanowski, Esquire Pa. Supreme Court ID No. 68736 Serratelli, Schiffman, Brown and Calhoon, P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Defendant JAMES E. MID GARDEN, JR, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLANU COUNTY, PENNSYL VANIA v. : NO.05-2776 CIVIL TERM KIMBERLY M. MIDGARDEN, DEFENDANT : CIVIL ACTION' - LAW : IN DIVORCE PETITION FOR PARTIAL DISTRIBUTION UNDER !l3502(f) OF THE DIVORCE CODE AND NOW, comes the Defendant/Petitioner, Kimberly M. Midgarden, by and through her attorney, Cara A. Boyanowski, Esquire, and avers the following: 1. Petitioner is Kimberly Midgarden, an adult individual who presently resides at 429 Blacklatch Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Respondent is James E. Midgarden, Jr., an adult individual, who presently resides at 429 B1acklatch Lane, Camp Hill, Cumberland County, Pennsylvania 17011. Mary A. Etter Dissinger, Esquire represents Mr. Midgarden in this action. 3. The parties were married on October 26,1991, in Ventura, California. They are the parents of three minor children, namely, Faith E. Midgarden, born March 3, 1993, Hannah M. Midgarden, born March 22, 1994, and Emma L. Midgarden, born January 27, 1998. 4. On May 27,2005, Respondent filed a complaint in divorce. Contained in the divorce complaint was an additional count for equitable distribution. 5. On June 16,2005, Petitioner filed an Answer to Respondent's Complaint in Divorce, which contained counterclaims for alimony, alimony pendente lite, counsel fees, costs and expenses. 6. Petitioner is not employed outside of the home. Her last full-time employment was in 1994, prior to the birth of the parties' second child. 7. Respondent is employed on a full-time basis with the Department of Defense, and earns a gross annual income of approximately $96,500.00. 8. The parties, while married, acquired several items of marital property. Their asset list, although not conclusive, includes real property, i.e, the Marital Residence, with an estimated fair market value of approximately $202,000.00, retirement assets with an estimated value of approximately $250,000.00, the majority of which is held in Respondent's sole name, and various bank accounts totaling approximately $8,300.00. 9. On or about May 25,2005, Respondent closed and withdrew all of the monies in the jointly titled bank accounts, while Petitioner was visiting relatives in Iowa. He placed these funds into an account titled solely in his name. Petitioner realized what Respondent had done when she tried to access funds from an A TM machine. 10. Since May 25, 2005, Respondent has maintained wmplete control over all of the parties' marital income, assets, and funds. Petitioner has absolutely no way to withdrawal or access marital funds. She has some credit cards in her sole name, but has no way to pay the bill if she charges any purchases. Respondent has informed Petitioner that he will not pay any of her personal bills. 11. Since May 25, 2005, Petitioner has been unabk to obtain medicine for the children because she had no funds to pay for them, take the children out for lunch or dinner, buy them and herself personal items and toiletries, etc. 12. On one recent occasion, while vacationing with the children for the weekend, Respondent left Petitioner a Ten Dollar bill for emergencies. 13. Petitioner has requested Respondent to place h,~r name back on the marital bank accounts, but Respondent refuses. He also refuses to provide Petitioner with even a nominal amount of "support." 14. Petitioner has been at an extreme financial disadvantage since May 25, 2005. She had to borrow money from her family to satisfY her attorney bills and her personal expenses. Unless she is awarded a partial distribution of the marital assets, she will not be able to properly prepare her case, pay her bills, or properly care for the children. 15. Petitioner believes there are enough marital funds to provide her with a partial distribution from the marital assets. 16. Section 3502 (f) of the Divorce Code permits this Honorable Court "upon the request of either party, .. .at any stage of the proceedings [to] enter an order providing for an interim partial distribution or assignment of marital property." 17. Petitioner requests this Honorable Court to grant her an interim partial distribution of marital assets in the amount of Four Thousand ($4,000.00) Dollars. WHEREFORE, Petitioner Kimberly M. Midgarden respectfully requests that this Honorable Court enter an award in the amount of Four Thousand ($4,000.00) Dollars, as an interim partial distribution of marital assets. Respectfully submitted, SERRA TELL! SCHIFFMAN BROWN & CAHOON Cara A. Boyanowski, squire Supreme Court LD. No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Petitioner VERIFICATION I verifY that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. , Date: "k / .01 0 c2 ~ ,;:; ooS- d By:J1L_~ ?t( ~~ Kimberly M. Mi arden CERTIFICATE OF SERVICE I, Cara A. Boyanowski, Esquire, hereby certifY that on the date indicated below I served a true and correct copy ofthe foregoing Petition for Partial Distribution under 93502(f) of the Divorce Code, on all interested parties, by depositing same from Harrisburg, Pennsylvania, first class mail, postage prepaid, addressed as follows; Mary A. Etter Dissinger, Esquire DISSINGER and DISSINGER 28 North Thirty-second Street Camp Hill, P A 17011 SERRATELLI SCHIFFMAN BROWN & CALHOON Date: [p-30-0~ By.~O!l?ttOJ}(Uf.3b Attorney No. 68736 2080 Linglestown Road Harrisburg, P A 1711 0 (717) 540-9 170 Attorney for DefendantlPetitioner o ~; 1,_', c (-~ r-' """ c;::J cr E:. ... I <J"I """ ::lC 4: ~ o -., -' :1>" rn~-" \.1 ~C:l _.' I ~:~~71 -:I'_--n (~(,'~ -:,,\11 ~:-::\ 'Xi :..c(, o - - do Cara A. Boyanowski, Esquire Pa. Supreme Court ID No. 68736 Serratelli, Schiffman, Brown and Calhoon, P.c. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Defendant RECEIVED JUL 0 6 2D~ JAMES E. MIDGARDEN, JR., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO.05-2776 CJ\olL TERM KIMBERLY M. MIDGARDEN, DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE ORDER OF COURT AND NOW, this q-lt day of --4Jo ,2005, upon consideration of the within Petition, a Rule is hereby entered upon the Respondent, James E. Midgarden, Jr., to show cause, if any there may be, why the requested relief should not be granted. Rule returnable on the ~~day of (\,IL ,2005, at ~<.(b o'clock, U 0 L.M., in Courtroom No. ~ of the Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania. C.,}J. :0>- cr i5; ~2 tJ,..O w... ---- r)~- S$ -.J fI::.iE ~ at) I ::5 ..., "" ~ c..., '-0 - C: :? ~~lf --;; ;2 '"J.~' (0 . t;1i ~~'J' c.t -.:...... :::5 o S? :'C """ RECEIVED JUI 11 2005J Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2776 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY JAMES E. MIDGARDEN, JR., v. KIMBERLY M. MIDGARDEN, Defendant ORDER TO RELlNgUISH JURISDICTION AND NOW, this 7th day of July, 2005, the Conciliator hereby relinquishes jurisdiction of the above captioned matter pending Praecipe to reschedule conciliation after the parties no longer reside in the same residence. Melissa Peel Greevy, Esquire Custody Conciliator cc: Karen L. Cummings, Esquire, 28 N. 32"d Street, Camp Hill, PA 17011 Cara A. Boyanowski, Esquire, Suite 201, 2080 Unglestown Road, Harrisburg, PA 17110 ~~ 7_/;;"C~ 9- :254183 ~ 'C) uJw~l' 0""'1 ,..-L_ (.l._'C' ~~1_ r.::- <::(q Uo~ ~Cl- ;;,led '-'""':It: .... '6 cfJ lP 9 .,"'- :;;;0 _--1 :;:::> -, ..,." = ~ N - - JAMES E. MIDGARDEN, JR., PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-2776 CIVIL TERM KIMBERLY M. MIDGARDEN, DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE ORDER OF COURT AND NOW, this ~ dayof ,2005, based upon agreement of the parties, and without a need for hearing on Defendant's Petition for Partial Distribution under 93502(f) of the Divorce Code, it is HEREBY ORDERED AND DECREED as follows: 1. The hearing scheduled for Monday, July 25,2005, at 2:00 p.m., on Defendant's Petition for Partial Distribution under 93502(f) of the Divorce Code, is cancelled. 2. Plaintiff shall pay to Defendant the sum of Two Thousand ($2,000.00) Dollars in settlement of Defendant's Petition for Partial Distribution. This sum shall be paid to Defendant in the following manner: A. On Friday, July 29, 2005, a cash payment of One Thousand ($1,000.00) Dollars shall be paid to counsel for Defendant; and B. On or before Monday, August 29, 2005, a cash payment of One Thousand ($1,000.00) Dollars shall be paid to counsel for Defendant. 3. All other aspects surrounding the parties' pending divorce action, including but not limited to either party's request for equitable distribution, alimony, alimony pendente lite, and/or counsel fees and costs, remain undisturbed by this Order of Court, and furthermore, the interim distribution of these sums from Plaintiff to Defendant are performed without prejudice to either party. BY THE CeORT: Edgar B. Bayley, J. cc: ~ A. Etter Dissinger, Esquire - 28 North 32nd Street, Camp Hill, P A 17011 )s'aI'~ A. Boyanowski, Esquire - 2080 Ling1estown Road, Harrisburg, PA 17110 ~~ o >. SE ,_. VJC~ ~~f~' (~f' 3' S~ t_1c,: :.JCL u:: lU iE LL. a _'1" c....) ..~ co <"-I ---' ::.:.J -., U~ ~. = ,"-' - '. . . -,::'" , " James E. Midgarden, Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. IKimberlY M. Midgarden, Defendant , 1 I CIVIL ACTION - DIVORCE NO. 05-2776 MARRIAGE SETTLEMENT AGREEMENT AGREEMENT made this ,;rb~ day of l\JoVt'mbr , 2005, by and between James E. Midgarden, Jr. ("Husband"), of Camp Hill, Cumberland County, Pennsylvania and Kimberly M. Midgarden ("Wife") of Camp Hill, Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on the twenty-SIXTH day of October in 1991. There were born three (3) children of this marriage, said children being: Faith Eileen, (DOB 3/03/93), Hannah Marsell (DOB 3/22/94), and Emma Loretta (DOB 1/27/98). 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 April 23, 2005. A proceeding for the divorce of the parties has been filed by Plaintiff Husband in the Court of Common Pleas of Cumberland County on May 27, 2005, Docket No. 05-2776. It is the intention of Husband and ife to live separate and apart for the rest of their natural . " I' ~ lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and 'obligations as between each other including without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony pendente lite, alimony and/or maintenance of Husband by Wife and of Wife by Husband; the settling of all matters between them relating to the past, present and future support and/or maintenance of their ! children; the implementation of custody/visitation arrangements for their minor children and possible claims by one against the other and against their respective estates. 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 either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or hich 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 -2- , , . << , .. marriage, subsequent to the parties' ninety (90) days separation. Husband and Wife further agree to execute their respective IAffidavits of Consent under Section 330l(c) of the Domestic IRelations Code of Pennsylvania, and to execute any and all other idocuments necessary under existing Rules of pennsylvania Civil Procedure and local Rules of the Court of Cornrnon Pleas of Cumberland County, Pennsylvania, in order to allow Husband to irnrnediately file all such documents in the Court of Cornrnon 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 Cornrnon pleas of Cumberland County, Pennsylvania, shall occur contemporaneously with the execution of this Agreement. Neither Husband nor 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 ife subsequent to the execution of the documents. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically rovided 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 party 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, -3- '. . " I' y I land to effectuate the settlement of the following issues between the parties: a. The obligation of each party for the support of the minor children of the marriage, b. The custody of the minor children of this marriage. and the parties agree that the terms of this Agreement shall be incorporated but not merged into any final divorce decree which ay 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 arties shall have the right to enforce this Agreement under the lvorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an 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 greement shall be defined as the date upon which it is executed y the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution ate" of this Agreement shall be defined as the date of execution y the party last executing this Agreement. 6. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement nless otherwise specified herein. However, the support payments, -4- > . I' , if any, provided for in this Iforth in this Agreement. I 17. Agreement shall take effect as set FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, 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, Mary A. Etter Dissinger, Esquire, attorney for Husband, and Cara Boyanowski, Esquire, attorney for Wife. 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 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. In addition, each party hereto acknowledges that he or she as 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. seq., 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 arital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully nowing the same and being fully advised of his or her rights -5- . < [' ! i 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. In addition, each party hereto acknowledges that, under the Pennsylvania Divorce Code of 1980, 23 P.S. Section 101 et. ~., 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, 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. 9 . REAL ESTATE The marital residence situate at 429 Blacklatch Lane, Camp Hill, Cumberland County, Pennsylvania, (herein referred to as "Residence"), presently owned by Husband and Wife shall hereafter become and remain the sole and exclusive property of Husband -6- , . II , alone, and he shall enjoy sole and exclusive possession thereof. For this purpose Wife shall, contemporaneously with the execution of this Agreement, execute a Deed in favor of Husband conveying to him all of her rights, title to, and interest in this residence, said Deed to be held in escrow, by wife's attorney, pending refinance, which shall occur on or before December 6, 2005, at which time the deed shall be delivered to Husband at settlement. Upon expiration of Husband's right of rescission on the refinancing, he shall pay to Wife or direct his lender to pay to Wife the sum of $27,500.00. Upon execution of the Agreement, Husband shall pay to Wife the sum of $25,000.00. Husband, until refinance, retains said property under and subject to all of the expenses associated with the residence, and specifically with regard to an existing mortgage owed to Sun Trust Mortgage Company, financial lender, encumbering the premises, all of which he hereby assumes and agrees to pay. As part hereof, Husband agrees to save and hold harmless Wife from any and all liability or claims or damages or expenses (including attorney's fees and legal expense) that he may sustain or become liable or answerable for, in any way whatsoever, or shall pay upon, or in consequence of, Husband's default or any default with regard to any expenses or mortgage payments which will or would result in any action with reference to said premises. Any escrow refunds are hereby assigned to Husband. Husband shall retain all tax deductions associated with this residence and/or mortgage payments. Wife waives any.right, title, and interest she may have in and to Husband's 1/l5th interest in the Midgarden farm in Minnesota. -7- . . -11 , 10. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have 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 labeled Husband's (Jim's) as set forth in the attached list marked Schedule "A", shall be the sole and separate property of Husband, and Husband agrees that all of the property labeled Wife's (Kim's) 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 labeled items which shall become the sole and separate property of each other, except to the extent specifically set forth otherwise in this Agreement. The parties will specifically divide other certain personal property as follows: a. Husband shall retain the following financial accounts that are in his name alone or in joint names: 1. All Members 1st Credit Union accounts- Checking Accounts, savings accounts, and money market accounts. 2. Husband's Citizens checking and savings accounts opened after date of separation. b. Wife shall retain the financial accounts at Commerce Bank and PSECU bearing only her name. c. Wife shall prepare a QDRO, at her expense, to transfer to her the sum of $105,832.00 before taxes and -8- , , . , I' I penalties, if any, from Husband's TSP account. To the extent there is any tax consequence, the taxes and/or penalties shall reduce the $105,832.00 payable to Wife, and the taxes and penalties shall be paid promptly by Wife when due. The net amount due to Wife shall be rolled to an account for Wife's benefit without any tax consequences to Husband or his account. d. Wife shall retain her two (2) IRA'S. e. Husband shall retain his IRA. f. The parties acknowledge that Husband is a participant in the Federal Employees Retirement System (FERS) The parties further acknowledge that Husband's FERS retirement benefit contains both a marital and a non- marital component. Husband and Wife agree that 50% of the marital portion of Husband's FERS retirement benefit shall be transferred or allocated to Wife. Since the receipt of this asset contains both marital and non-marital components, the use of a coverture fraction is necessary. The denominator of the coverture fracture shall be the number of months Husband worked to earn the total benefit and the numerator shall be the number of months during which the parties were married and not finally separated (separation was April 23, 2005). The benefit to which the coverture fraction is applied shall include all post separation enhancements except for enhancements arising from post separation contributions. Wife acknowledges it is her responsibility to prepare and pay all costs and fees associated with the drafting of the necessary documents and Order to transfer or -9- , , ~ , n allocate her interest in Husband's FERS retirement benefilt g. The parties acknowledge that Wife was a participant in the Federal Employees Retirement System (FERS). Husband and Wife agree that 50% of Wife's FERS retirement benefit shall be transferred or allocated to Husband. The entire benefit was earned during the marriage. The benefit shall include all post separation enhancements. Husband acknowledges it is his responsibility to prepare and pay all costs and fees associated with the drafting of the necessary documents and Order to transfer or allocate his interest in Wife's FERS retirement benefit. 11. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: a. The 1998 Dodge Dakota Pick-up Truck shall become the sole and exclusive property of Husband, subject to its liens and encumbrances, and he shall hold Wife harmless from any and all liens and encumbrances. b. The 1996 Dodge Grand Caravan shall become the sole and exclusive property of Wife, subject to its liens and encumbrances, and she shall hold Husband harmless from any and all liens and encumbrances. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein rovided, on the date of execution of this Agreement and said xecuted titles shall be delivered to the proper parties on the istribution date. -10- , , ~ " I' , 12. MISCELLANEOUS PROPERTY All marital property not listed on any Schedule attached to this Agreement shall be hereafter owned by the party to whom the property is titled, and if untitled, by the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. 13. LIABILITIES ASSUMED BY WIFE Wife shall assume individual responsibility for the respective debts listed on Schedule "B" of this Agreement. Wife will 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 Husband and his property harmless from any and all liability with respect to the debts hereby assumed by Wife. 14. LIABILITIES ASSUMED BY HUSBAND Husband shall assume individual responsibility for the respective debts listed on Schedule "C" of this Agreement. Husband will hereafter assume and retire the full amount of each 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. 15. ASSUMPTION OF ENCUMBRANCES Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each ill hold subsequent to the date of this Agreement, and each arty agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other arty will suffer or may be required to pay because of such debts, encumbrances or liens. Each party in possession of -11- , .. " , il 'jproperty 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. 16. 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 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. 17. 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. 18. 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 will, at her sole expense, defend Husband against any such claim, action or roceeding, whether or not well-founded, and indemnify him and is property against any damages or loss resulting therefrom, -12- , , " fl , " [I including, but not limited to, costs of court and attorney's fees incurred by Husband in connection therewith. 19. WAIVER OF 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 acknowledge that they each have sufficient property and resources to provide for her or his reasonable needs and that each is able to support himself or herself without contribution from the other. Therefore, the parties hereby expressly waive, discharge and release any and all rights and claims which they may have now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance and they acknowledge that this Agreement constitutes a final determination for all time of either party's obligation to contribute to the support and aintenance of the other. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any additional spousal support from the other party. 20. TAX RETURNS AND AUDITS 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 ith respect to the periods covered by such returns are paid. Husband and Wife further represent there are no tax deficiencies roposed or assessed against Husband and/or Wife for such and neither Husband nor Wife executed any waiver of the Statute of Limitations on the assessment or collection of any tax for such periods. -13- ~ " I' , 21. PRESERVATION OF RECORDS Each party will keep and preserve far a peri ad af faur (4) years fram the date af divarce all financial recards relating to. the marital estate, and each party will give the ather party immediate access to. these recards in the event af tax audits. 22. AFTER-ACQUIRED PERSONAL PROPERTY Each af the parties shall hereafter awn and enjay, independently af any claim ar right af the ather, all items af persanal praperty, tangible ar intangible, hereafter acquired by him ar her, with full pawer in him ar her to. dispase af the same as fully and effectively, in all respects and far all purpases, as thaugh he ar she were unmarried. 23. LEGAL FEES Each party will be respansible far their respective caunsel fees and casts invalved in the divarce. 24. CHILD SUPPORT The parties attended and participated in a suppart canference befare Suppart canference Officer Sally S. Kreitzer an Tuesday, Navember 8, 2005. At canference, the parties entered into. a suppart agreement, whereby, Husband agreed to. pay to. Wife the tatal sum af $1,550.00 per manth, thraugh the Cumberland Caunty Damestic Re1atians Office, of which, $950.00 per manth 'auld be allacated child suppart and $600.00 per manth wau1d be allacated spausal suppart. The abave recited suppart agreement as reduced to. writing in the farm af an Order af Caurt, dated avember 8, 2005, at dacket no.. 00756 S 2005, PASCES Case No.. 314107646. The spausal suppart campanent will cantinue in full farce and effect, fram Navember 1, 2005 thraugh and including une 1, 2007. Upan that date, it will terminate, and Husband ill agree to. pay to. Wife the tatal sum af $1,550.00 per manth, to. be camp1etely a11acated as child suppart. It is further -14- \, '. f' , understood and agreed between the parties that if wife files for a modification of child support on or before June 1, 2007, the $600.00 per month payment allocated as spousal support and expected to be converted to alimony, shall terminate automatically upon the date Wife files a petition seeking to modify child support. The parties acknowledge that only the amount of child support and not the spousal support or alimony, shall be modifiable at any time, based on a change in circumstances relating to custody and/or the income and income potential of either party. 25. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, ALIMONY Husband and Wife agree and hereby do release and renounce any claim or right they may have against the other party for spousal support, alimony pendente lite, alimony and maintenance. 26. HIGHER EDUCATION EXPENSES OF THE CHILDREN The parties agrees, that the college fund set aside in a 529 plan with Putnam Investments, with Husband as custodian for the idgarden children, shall be utilized for the reasonable cost of undergraduate college education for the Midgarden children, including, but not limited to the following: tuition, room, oard, books, supplies, fees, transportation, and clothing. Distribution shall be based upon scholarships and financial aid available to the children. If any money is left when the last child has graduated from college or attains twenty-two (22) years of age, whichever occurs last, the remaining funds, if any, shall e divided equally among Faith, Hannah, and Emma, or the survivor them. Husband shall utilize his absolute discretion in anaging said funds and he need not maintain the funds at Putnam for the duration of the existence of the 529 Plan. From execution of this agreement, Husband shall provide Wife with statements of Putnam account within ten (10) days of receipt -15- " . " fl , .unless they are able to be sent directly from the managing company to Wife directly. 27. HEALTH INSURANCE Husband shall continue to provide health insurance coverage for the benefit of the children for so long as it is available through his employer at a reasonable cost. 28. DEPENDENCY EXEMPTIONS FOR INCOME TAX For tax years 2005 and 2006, as long as Husband makes all payments for the support of the children and does all other things required of him under this Agreement, Husband shall be entitled to claim all three children as dependents on his Federal, State and Local Income Tax returns. Starting in tax year 2007, the parties will equally share the children as dependents, with Wife claiming two (2) children, starting in tax year 2007, and continuing in all odd numbered tax years thereafter, and one (1) child, starting in tax year 2008, and continuing in all even numbered tax years, thereafter. Both parties shall execute and deliver and all forms or documents necessary for the other party to claim the children as his/her dependants under Federal, State or Local Law. 29. CUSTODY, PARTIAL CUSTODY AND VISITATION Subject to further order of any Court of competent jurisdiction, the parties agree that physical custody of the said children, Faith Eileen (DOB 3/03/93), Hannah Marsell (DOB 3/22/94), and Emma Loretta (DOB 1/27/98), shall be shared as set forth in Schedule "D" attached hereto and made a part hereof. 30. 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 -16- , '. ~ , ~ 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 obligations of every kind which may have heretofore been incurred by them including those for necessities except for the obligations arising out of this Agreement. 31. 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 may 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. 32. 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 -17- r, '? " ' ~ : ilproperty being transferred hereunder is assigned to the party receiving such property, and 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 second marriage for 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 increased 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 lS to become effective. The division of existing marital property lS 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. 33 . 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 -18- 0, , 11 and from any and all rights, title and interest or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever 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 courtesy, or claims in the nature of dower or courtesy 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, whether arising under the laws of Pennsylvania, any other state, Commonwealth or territory of the United States, or any other 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. 34. PERSONAL RIGHTS Wife and Husband may and shall at all times hereafter live separate and apart. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, 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, -19- , '. , Ilobligations, actions and causes of action of every kind that have I 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. 35. 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 hereof or default 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. 36. 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. 37. 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. -20- '. , .38. AGREEMENT BINDING ON HEIRS I! 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. 39. 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. 40. 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 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. 41. 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. 42. 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 -21- , " , ' , 11 necessary or desirable for the proper effectuation of this Agreement, unless a different time period is required by another paragraph of this agreement. 43. 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. 44. SEVERABILITY The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared 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 any one 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. 45. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for the convenience -22- . , ~ , I. lof 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. ~ Commonwealth of Pennsylvania ss County of Cumberland On this, the~Jl1;;:ay of NIltH'mmy' , 2005, before me the undersigned officer, personally appeared James E. Midgarden, Jr., 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~nd and notaria~ sjrl. . N01ARIAlSEAL (f--~~/u7tL /11) lii.l,/Z..oL.J ANNETTE PERKINS Notary Pubhc Nolory PublIc ~Hll.1OIlOUGIt. Cia I L JHJ COUN1Y C _ Common ss County of Cumberland On this, the,.21 day of A./el '(Ii/lJir, 2005, before me the undersigned officer, personally appeared Kimberly M. Midgarden, 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. i~/{.(tIi //I//?cI<';I:.<1 - ho"tary Public NOTARIAl SEAl. NlNE1Tl PEIlIQNS NoICIly PublIC ~HUICllOUGlI. CUMJBIlANDCOUNlY .., COftIo."""" bpIIeI Jul22. 2009 -23- ",,-,,,',,--.-".'" \ ;rot\'~i:oll":. {M ",;~!, :~~.._,<;. '~i.; A' ,..,.j' <r,. ,", I: \ I~.". ,:!-'~":r-4.~' .:j'<7:/,nH"', \J(~>.; f.......~ .~,..- l.".. . "'" l'+'~ ",.'.. . .. .,~. '..-- .,. . ,.,'",' ,'. ' '-""'" ",. -."...... :'",1~J' "~,,.;-,'':' ::'''i''':''''- ',: . "Il,; ........,-.-."'.....-...,""...-...,..,..........",.. '. , . If SCHEDULE "A" -24- . , /d(2yJU5 Red Desk land chair x Pictures on desk x x 2 end tables x Carpenters chest x Bakers shelves x Recliner x Red couch x Chair x Pictures on walls x x Gold frame behind couch x Candles x Lamps x 3 plants x x Carpet x Cans on top Dorries x Basket on top x 3 Blankets in bottem of Bakers chest x Blow up mattress in Bakers chest x Juiser I I x Picture frame on floor I x Stuff on Bakers cabinent x x 23 Albums and bookshelf x x Lamp with ictures x ~':"~:,.' 'I =...' < !' Dinino Room Table I x LiQht in corner I x Cabinet on wall, all slavs but flour sifter x Flour sifter on wall cabinet x Microwave cart I x Top shelf I x Middle Shelf x Bottem shelf x x Crossstitch picture I x Plates on wall I x Curtins Ii nino room and dinino room x ~ TV x Toaster x Sliverware and utensils x x Cookie Jarl x Words on wall x Coffee sions x clock I x Chicken Plates on wall x . , . Calenders I x Tuperrware in cabinet x x Smoothie blender x Cookie Imuffin pans x x Stoneware x x Pitchers x x Crock pot x Pamper chef pots and pans x Georoe foreman Grill above fridc e x Spices I x x Flour and suoar canisters x Fiestaware x Knives x Cups and lasses x x Crystal x ~ Entertainment center x Couch and chair x Rocker I x Fireplace screen x Tractor picture x Lamp and end table x Candle I x Round picture on wall x Uolv tree x Ladder x Curtins x Round picture on stairway to kitchen x Tractor Seat I x Round wood picture above tractor seat x Games I x x VCR I x Albums in cabinet x Van DVD convert stull x x Bottem rioht cabinet x Top riQht cabinet x Fireplace screen x Scale x Hurricane lamps x Metal decoration x Upper riqht cabinet x Upper left cabinet x Softball pictures x Pantry I x ~ Citizenship picture x Snow baby cabinet x Church pew x ':, . . Wooden calender x Key holder x Welcome sian x Live Well, Lauah Often x Basket in corner I x ~ Hats, jacket, swearshirts x x Ski eauipment x ...- All x ~ Cleanino Supplies x x ScrapbookinQ Materials x Washer and Drver x 9 Albums I x x Green Spot Cleaner x ~ Bed and matchino dressers x Kims Dresser x TV x Curtains x Coffee Tab ewhite x Candles behind dresser x Scrap Bookina Materials x Two Dolls x Computer and Printer x Camera x Liohts and endtables x Vase Greenerv x Bedspread x Pictures on wall x Fan Table I x File Cabinets, 00 throuoh with Kim x Computer Desk Chair and contents x Brown Table x Bathroom Towels x x I ~ LinQerie I x 2 boxes clothes x quilt hanger x Oval Glass x . . . Luggage I x x Ice Cream Maker x Pictures/trophys . x Dishes x Dresser x Kitchen x Ski BaQs x Box Books x File Folders x I ~ Bunk Bed x Emmas Bed x Lamps x x Cedar Chest x Dresser x TV x Clothes x x Bookshelf x Emmas Table x Playstationl (Is there one in Cumberland) x VCR movie holders x Games I x x Blanket Kim made x All else stays in kids room x ~ 20uilts ~ x Quilt holder x Towels/Sheets x x Laundry Basket x Picures on walls x [If:]' ~ ;;\"!.!~; -'-J , -, ,-" ,-"~ -- .,.~. Bed x TV w/dvd x Mirror x All else stays, Faith can make decisions x ~ Faiths Utility Closet I Coats, hats gloves x x Old computer stuff x Quilting Mat x XMAS stuff x x Rest of stuff x x BIUli';BlI '...... " " . Hammer I I x Screwdrivers, phillips and straiQht x Craftsman Skill Saw . x Craftsman Sander . x Level Kit I x Craftsman Drill x Exacto Knife x Plyers I x Pocket Knife x ~ Christmas Decorations x Halloween Decorations x Sleep Baas x Kids Clothes x x Fabric I x Model Cars x Crystal wedding glasses x Cross stitch pictures I x Mason jars and canninQ pot x , . " .. I Steam cleaner x .... . . Grill x Endtable x Stero x XMAS tree x Fireplace tools x Candles I x PlantStand x Moms fiesta ware x Table I x Shop in Vac x 2 red chairs x Cart and contents x Picnic table x Dinner tables x Rug on table x Gold Star I x School desk x Standino Ruo x Wooden Table and contents x ~ Kims Ski is and Boots x Kims red bike x Car Carrier x Kayak I x Golf Clubsl x Garden Tools Spade x Leaf rake Lawn Mower x Weed Trimmer x Blower x Red Cooler x Waoon Wheel x Bike Carrier x Weight Bench and wei hts x Waoon I x Bike trailer x Step Ladder x Pool and Supplies x Tent Big and Small x Air Compressor x Mitre Saw IGONE x Two softball chairs x 4 pop up lawn chairs x Tools I .' " " .. W's GE Money Bank Card W's Old Navy Credit W's Sears SCHEDULE "B" $342.83 April 7, 2005 (credit of $24.00) $143.68 April 15, 2005 May 20, 2005 -25- II .. " " ',,- SCHEDULE "C" Mortgage $123,100.84 May 13, 2005 -principal only H's Members First Loan $ 3,232.34 April 30, 2005 H's MBNA $ 10.68 May 18, 2005 H's Wells Fargo Financial $ 2,828.00 April 23, 2005 -26- 1- 4. " . .. SCHEDULE "D" The parties shall share legal and physical custody of the three (3) minor children on the following schedule: 1. Each party shall have seven (7) days consecutively. The seven days shall commence Sunday evening at 6:00pm and continue through the next Sunday evening at 6:00pm. 2. The parties shall divide the holidays as equally as possible with holiday visitation to supercede the seven day on, seven day off schedule. The holidays that the parties shall share are as follows: a. New Years's Day b. Easter c. Memorial Day d. July 4th e. Labor Day f. Thanksgiving Day g. Day after Thanksgiving h. Christmas Eve i. Christmas Day 3. If any emergencies arise or either parent's schedule changes, they shall notify the other party promptly. Each parent agrees to accommodate, as much as possible, any emergencies or schedule changes of the other parent. 4. Each parent shall permit the other the right of first refusal with regard to periods of custodial care. If either parent is unable to care for the children during their -27- ~ " '" . . .. normal custodial period, they shall notify the other parent immediately upon recognizing their scheduling dilemma. If that parent is available to care for the children, they shall have the right to do so until the other parent returns to resume his or her normal custodial period. If both parents are unavailable, the custodial parent shall have the privilege of placing the child or children with a third party to care for the child or children and notify the non- custodial parent promptly of that necessity and provide the phone number and address of the third party who will be keeping the child or children. If either party is going to children in excess of three refusal shall be triggered. hours shall not trigger the be away from the child or (3) hours, the right of first Anything less than three (3) right of first refusal. 5. It is anticipated that there will be times when a parent may not be available at home when the children return home. If that occurs, the parent who is unable to be home for the children shall notify the other parent. To the extent possible, the non-custodial parent will attempt to accommodate the custodial parent and keep the child or children until 5:00pm for the other parent to pick up the child or children at that time. 6. Neither party will schedule activities of the children on the other parent's time, without first discussing the activity and receiving permission from the other parent. -28- II (") ~ -C.l~'_l ' r-Pl;; ~.:>. "-:.';; :,c,~, .!_ r::. i::. ~t~, >""C_~ j ...., ~ = <-~ ~ ("'") ~ ~fQ -0 !:!J -,'V ~-;j~l 1--;1 ;")-- '_2~ :~:~ ~h '< ..0 -0 ::ll: <:-? (....,) en . - . I' James E. Midgarden, Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - DIVORCE Kimberly M. Midgarden, Defendant NO. 05-2776 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. 3301(c) Ground for divorce: Irretrievable breakdown under ~ I 2. Date and manner of service of the Complaint: June 15, 2005, by United States Certified Mail, Restricted Delivery. i i 3. Date of execution of the Affidavit of Consent required by ~ 3301 (c) of the Divorce Code: By Plaintiff 'f !.2./i/v S; ; by Defendant ./1 .:l.J/c':; 4. Related claims pending: Custody. 5. Date Plaintiff's Waiver of Notice in ~ 3301(c) Divorce filed with the Prothonotary: / ;lll"I' ,; Date Defendant's Waiver 9f Notice in ~ 3301{c) Divorce filed with the Prothonotary: / J,/t'I/O '; Respectfully submitted, DISSINGER AND DISSINGER Date: 1.1 (/'f/v ';; ~A ;(., [, . , //1 (;"J..J.j /' / /t:U<._^'v_J----'~r'-:L<---- f.-...- Mary ,A. Etter Dissinger Supreme Court ID # 27736 Attorney for Plaintiff 28 North Thirty-second Street Camp Hill, PA 17011 717-975-2840 cc: Cara Boyanowski, Esquire . II James E. Midgarden, Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - DIVORCE Kimberly M. Midgarden, Defendant NO. 05-2776 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 Praecipe to Transmit Record upon Cara Boyanowski, Esquire, attorney for Defendant, Kimberly M. Midgarden, by First Class United States mail addressed as follows: Ms. Cara Boyanowski, Esquire 2080 Ling1estown Rd, Suite 201 Harrisburg, PA 17110 / l, (- Date: J.J. I~. c, '---fi, "-; C UCL~./-9- - Mary A.' Etter Dissinger, Esq. Attorney for Plaintiff '"0' ~;c, -< r-- ~. ~'~; ~~ :.<: (") c ~- ......, = c.:> cJ' o rT! (""> o -n -< :I,j::n nhi :]9 0,0 ~:::~ c~ (') :"--fO o "--t ~ '< ..0 -0 ::r; <t? w -- - II James E. Midgarden, Jr., plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - DIVORCE Kimberly M. Midgarden, Defendant NO. 05-2776 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 May 27, 2005 and served on June 15, 2005. 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 with 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: tlieJr ) / I " / 1'i!lf/LL a. 9ames E. f Plaintiff /1 i //J 1i!J.tr/! ( Mia arder<, Jr., (") ~ -rji.J~\ :11(":" """'" "_r Z\~.. (j~ ,- ~~'." 1..1" ' ",",- )'; () ~~ ~~~: ~.,:/, :-.:~ -< :=; -= cJ'l o ..... c-> - '" o .." -4 :r:..,., \-r'tp: -om .110 ~""\ )... '...jU {~~~ ':c., SS :< -0 ::It <-? (.oJ Ul I' I"~ James E. Midgarden, Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - DIVORCE Kimberly M. Midgarden, Defendant NO. 05-2776 DEFENDANT'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 May 27, 2005 and served on June 15, 2005. 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 with 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:'7!fov, ,J1; d.tlOS ~ -{1/ d Kimberly o c::. ",;;Y ~~r.: ~;~{, -~.:Y ':Y:~ (' ';1. , ~(c:. ..,,' 3. ~ ~ ~ c-> -- "" --0 -:J:; '-8 '"" c.r. ~ -' 1f.1!- -n\j:\ -::r1""''' n)- ;;;......? ---:':..--1':' -()"(;;;' -/'f~ S~\ ?b ~ --~--- ..~ :+':f. :+':+' if. . . . . . . .. .. . . . . .. ~. Of.:+' ;t :+: . :t::ti:+::ti:+':+' :+':ti:ti :ti:+::+::+,:+,:+: +"" . . . IN THE COURT OF COMMON PLEAS . . . . . . OFCUMBERLANDCOUNTY JAMES E. MIDGARDEN, JR. PI:::NNA. STATE OF . . . . . . . . . . No. 05-2776 Plaintiff . . . . . . . . . . . . . . . . . . . . . . . . VERSUS KIMBERLY M. MIDGARDEN Defendant DECREE IN DIVORCE ~<, ~~,~ AND NOW, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :+,., 'of:+':+' Of:+: JAMES E. MIDGARDEN, JR.. DECREED THAT AND KIMBERLY M. MIDGARDEN ARE DIVORCED FROM THE BONDS OF MATR]MONY. ]S ORDERED AND , PLA]NT]FF, , DEFENDANT, THE COURT RETAINS JURISD]CTION OF THE FOLLOWING CLA]MS WHICH HAVE BEEN RA]SED OF RECO.'D}]N TH]S ACTION FOR WHICH A F]NAL ORDER HAS NOT YET BEEN ENTERED; ~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of Of;t:+::+::+, Of ~ Of:+: 'of:ti:+::+;T. THE MARRIAGE SETTLEMENT AGREEMENT OF THE PARTIES DATED NOVEMBER 28, 2005. IS HEREBY INCORPORATED BUT NOT . By THrCOURT: ATTEST: r!,~~> ..;/ PROTHONOTARY :+':f't<:+: ... :+::+':+''1' Of 'f +':+: 'f:+::+: . .. :+::+:'1' :f:+: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. /' (rt?' "y?~,M" r::rW/,?" .rif"''''' ,;,,/ ~/'~ r Y'. . /. . ./ MJ' ;? /71'- hhr rt? 7?ri-r?7?":! r - ' . ." ~. .'" SO'U CI ,W- Ceo- C/ ----- .', A Cara A, Boyanowski, Esquire Supreme Court I.D, No, 68736 2080 Linglestown Road Suite 20 I Harrisburg, P A 17110 (717) 540-9170 JAMES E. MIDGARDEN, JR., PLAINTIFF vi. KIMBERLY M. MIDGARDEN, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-2776 CIVIL TERM : CIVIL ACTION : IN DIVORCE STIPULATION BETWEEN PARTIES REGARDING THE COURT ORDER ACCEPTABLE FOR PROCESSING UNDER THE THRIFT SAVINGS PLAN WHEREFORE, this 3 (d day of~, 200~, the parties in the above-referenced divorce action, James E. Midgarden, Jr.. the Participant, and Kimberly M. Midgarden, the Alternate Payee, hereby stipulate and agree that the Court Order Acceptable for Processing under the Thrift Savings Plan, attached hereto, encompasses their intent and that it may be adopted as a Court Order. '-.l:'~1 ?l~A~ "'~--. (NjJi .~ Mary A. Etter Dissinger, Esquire J es E. Midgard , JrI...... Attorney for Participant Participant Qmln~ Cara A. Boyanows i, Esquire Attorney for Alternate Payee .a",,~~ ltz~4J<~ Kimberly M. garden Alternate Payee , . , , , "1\ ~ , " .-,1 t_~ ; 4;' .*-. . I- ,. R:':E!VED APo, 07 Z" Y James E. Midgarden. Jr. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. CML ACTION - LAW Kimberlv M. Midgarden Defendant NO. 05-2776 DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. It is intended to constitute a DRO Acceptable For Processing under final regulations issued by the Office of Personnel Management ("OPM"). 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO applies to the Federal Employees' Retirement System ("Plan") and any successor thereto. James E. Midgarden, Jr. ("Participant") is a Participant in the Plan. Kimberly M. Midgarden ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 4. The Participant's name, mailing address, Social Security number and date of birth are: James E. Midgarden, Jr. 429 Black Latch Lane Camp Hill, PA 17011 Social Security No.: 218-68-2570 Date of Birth: December 27,1954 5. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Kimberly M. Midgarden 261 Deerfield Road Camp Hill, PA 17011 Social Security No.: 492-84-8616 Date of Birth: January 4,1965 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. 6. The Alternate Payee is entitled to a portion ofthe Participant's gross monthly annuity under the Plan as set forth below. The OPM is hereby directed to pay Alternate Payee's share directly to Alternate Payee. 7. This DRO assigns to Alternate Payee an amount equal to 50% of the marital portion of the Participant's basic and supplemental annuity accrued under the Plan as of the earlier of the date of 4 " .- ,. DRO Page 2 cessation of benefit accruals or the date the Participant commences his benefits. The marital portion of the Participant's basic and supplemental annuity shall be determined by multiplying the Participant's basic and supplemental annuity by a fraction (less than or equal to 1.0), the numerator of which is the total number of months of creditable service earned by the Participant from October 26, 1991, the date of marriage, to April 23, 2005, the date of separation, and the denominator of which is the total number of months of creditable service earned by the Participant as of the earlier of the date of cessation of benefit accruals or the date the Participant commences his benefits. In addition to the above, the Alternate Payee shall receive a pro rata share of any cost-of- living adjustments made to the Participant's benefits. The pro rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefits is calculated pursuant to this Section 7. With respect to the Alternate Payee's share of the Participant's basic and supplemental monthly annuity, such portion shall be calculated without regard to any amounts that are withheld from the Participant's annuity for any reason. Any amounts withheld at the request ofthe Alternate Payee shall not be deducted for the purpose of calculating Alternate Payee's share of the annuity. 8. Payments to Alternate Payee shall commence the date payments commence to the Participant. Participant agrees to arrange or to execute all forms necessary for the OPM to commence payments to the Alternate Payee in accordance with the terms ofthe DRO. 9. Payments shall continue to Alternate Payee for the remainder of the Participant's lifetime. Ifthe Alternate Payee dies before the Participant, the Alternate Payee's share ofthe Participant's pension shall be paid to the parties' surviving children, in equal shares. Upon the death of any child, that child's share will be distributed among the other surviving children. 10. The Alternate Payee is awarded a former spouse survivor annuity. If the Participant dies before his benefits commence, the amount of the survivor annuity shall be a pro rata portion ifthere is an eligible spouse or the entire amount ifthere is no eligible spouse. Ifthe Participant dies after his benefits commence, the amount ofthe survivor annuity shall be such amount as elected by the Alternate Payee upon the Participant's retirement. Any costs associated with providing the former spouse survivor annuity shall be paid by the Alternate Payee. The parties were married October 26, 1991, and separated on April 23, 2005. 11. If the Participant dies before his benefits commence, the Alternate Payee is awarded a pro rata portion of the basic lump sum death benefit. The parties were married October 26, 1991, and separated on April 23, 2005. 12. If Participant leaves Federal service before retirement and applies for a refund of employee contributions under the Plan, the OPM is directed not to pay the Participant a refund of such employee contributions. 13. In no event shall the Alternate Payee have greater benefits or rights other than those which are available to the Participant. The Alternate Payee is not entitled to any benefit not otherwise provided by the Plan. The Alternate Payee is only entitled to the specific benefits offered by the Plan as provided in this Order. All other rights, privileges and options offered by the Plan not granted to Alternate Payee are preserved for the Participant. 14. The Plan shall issue individual tax forms to the Participant and Alternate Payee for amounts paid to each such person. .... to. . - DRO Page 3 15. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this DRO, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days ofreceipt. In the event the Plan inadvertently pays to the Alternate Payee any benefits that are not assigned to her pursuant to the terms of this DRO, the Alternate Payee shall immediately reimburse the Participant to the extent she has received such benefit payments and shall forthwith pay such amounts so received directly to the Participant within ten (10) days of receipt. 16. If Participant takes any action that prevents, decreases, or limits the collection by Alternate Payee ofthe sums to be paid hereunder, he shall make payments to Alternate Payee directly in an amount suffIcient to neutralize, as to Alternate Payee, the effects of the actions taken by Participant, 17. The OPM shall notifY the Alternate Payee and her legal representative when the Participant makes an application for any benefit payments from the Plan. 18, The Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and further provide that no such amendment or right ofthe Court to so amend 'II inv idate this Order. Accepted and Ordered thist~ day of , 20~ / BY THE COURT ~. Judge CONSENT TO ORDER: o PLAlNTIFFIP ARTICIP ANT DEFENDANT/ALTERNATE PAYEE I.-l [/Signature Jh 1~ Signature ATTORNEY FOR DEFENDANT! ALTERNATE PAYEE Oill~ QJ?201tMQLffi~ ~ -3-0LP Signature Date ATI'ORNEY FOR PLAINTIFF/ PARTICIPANT 1'-:) ~:t) c. - .- 'I" ..- (..,1 ~r~, I ':') -t {,t-\ ::-.1 ~ ;"1 C.-'~' , " ,.' ., R:::CEIVED APR 071"6 r ~ Cara A. Boyanowski, Esquire Supreme Court 1.0. No, 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 JAMES E. MID GARDEN, JR., PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 05-2776 CIVIL TERM KIMBERL Y M. MID GARDEN, DEFENDANT : CIVIL ACTION : IN DIVORCE COURT ORDER ACCEPTABLE FOR PROCESSING UNDER THE THRIFT SAVINGS PLAN IT IS HEREBY ORDERED AS FOLLOWS: I. Effect of This Order as a Qualifying Retirement Benefits Court Order: This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of a Participant's benefits payable under the Thrift Savings Plan, which is administered by the Federal Retirement Thrift Investment Board. 2, Participant Information: The name, last known address, Social Security Number, and date of birth of the "Participant" are: Name: James E. Midgarden, Jr. Address: 429 Black Latch Lane Camp Hill, Pennsylvania 170 II Social Security Number: 218-68-2570 Birth Date: December 27, 1954 3. Alternate Payee Information: The name, last known address, Social Security Number, and date of birth of the "Alternate Payee" are: Name: Kimberly M. Midgarden Address: 261 Deerfield Road Camp Hill, Pennsylvania 17011 Social Security Number: Birth Date: 492-84-8616 January 4, 1965 The Alternate Payee shall have the duty to notify OPM in writing of any changes in her mailing address subsequent to the entry of this Order. 4. Plan Name: The name of the Plan to which this Order applies is the Thrift Savings Plan (hereinafter referred to as Plan). 5. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the State of Pennsylvania. 6. For Provision of Marital Property Rights: This Order relates to the provision of marital property rights and/or spousal support to the Alternate Payee as a result of the Order of Divorce between the Participant and the Alternate Payee. 7. Amount of Alternate Payee's Benefit: This Order assigns to the Alternate payee an amount equal to One Hundred and Five Thousand Eight Hundred Thirty-Two Dollars ($105.832.00) of the Participant's Total Account Balance accumulated under the Plan as of December 21,2005. Further, such Total Account Balance shall include all amounts maintained under all of the various accounts and/or sub accounts established on behalf of the Participant. 1\ is further ordered that interest will be paid on the amount of the entitlement under this Order until payment is made. 8. Commencement Date and Form of Payment to Alternate Payee: The Alternate Payee shall be paid her benefits, in any form of payment available, as soon as administratively feasible following the date this Order is approved as a QualifYing Retirement Benefits Court Order by the Plan Administrator. 9, Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: a. To provide any type or form of benefit option not otherwise provided under the terms of the Plan; b, To require the Plan to provide increased benefits determined on the basis of actuarial value; or c, To require the payment of any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another order that was previously deemed to be a Qualifying Retirement Benefits Court Order. 10. Constructive Receipt: 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 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 are assigned to the Participant, the Alternate Payee shall immediately reimburse the Participant, to the extent that he or she has received such benefit payments, and shall forthwith pay such amounts so received directly to the Participant within ten (10) days of receipt. 11. Continued Jurisdiction: The court shall retain jurisdiction to establish and/or maintain the status of this Order as a Court Order Acceptable for Processing, and to effectuate the original intent of the parties as stipulated herein. The court shall also retain jurisdiction to enter such further orders that are just, equitable, and necessary to enforce, secure, and sustain the benefits awarded to the Alternate Payee, in the event that the Participant and/or OPM fail to comply with any or all of the provisions contained herein, and further, to enforce, secure and sustain the benefits of Participant, in the event the OPM fails to comply with any or all of the provisions contained herein, Such further orders may also include, but not be limited to, nunc pro tunc orders or orders that recharacterize the benefits awarded under this Plan to apply to benefits earned by the Participant under another plan, as applicable, or orders that award spousal or child support, to the extent necessary to carry out the intentions and provisions of this Order. 12. Actions by Participant: The Participant shall not take any actions, affirmative or otherwise, that can circumvent the terms and provisions of this Qualifying Retirement Benefits Court Order, or that could diminish or extinguish the rights and entitlements of the Alternate Payee as set forth herein. Should the Participant take any action or inaction to the detriment of the Alternate Payee, he shall be requested to make sufficient payments directly to the Alternate Payee to the extent necessary to neutralize the effects of his actions or inactions and to the extent of his full entitlements hereunder. ,,.. 13, Death of Participant: In the event the Participant predeceases the Alternate Payee before the Alternate Payee receives her distribution, the Participant's death shall have no effect on his assigned portion of the benefits, as stipulated herein. If applicable, the Alternate Payce shall be treated as the beneficiary ofthe Participant to the extent of her assigned interest hereunder. IT IS SO ORDERED this \\ daYOf~ ,2ooPb BY THE COURT: -"'1, .:..:::) lfJ (oJ - ~,- t-- ~'.~