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HomeMy WebLinkAbout05-4501am3-vsolc??+? NOTICE PURSUANT TO 23 Pa.C.S. §5445 (c), YOU ARE PROVIDED WITH THE FOLLOWING NOTICE: MELODY DAVIS IS FILING THE ATTACHED AMENDED DUAL JUDGMENT OF DIVORCE AND PROPERTY SETTLEMENT AGREEMENT WITH THE CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS FOR THE PURPOSE OF REGISTERING THIS ORDER IN CUMBERLAND COUNTY PENNSYLVANIA AS IT RELATES TO CHILD CUSTODY. A REGISTERED DETERMINATION IS ENFORCEABLE AS OF THE DATE OF THE REGISTRATION IN THE SAME MANNER AS A DETERMINATION ISSUED BY A COURT OF THIS COMMONWEALTH. A HEARING TO CONTEST THE VALIDITY OF THE REGISTERED DETERMINATION MUST BE REQUESTED WITHIN 20 DAYS AFTER SERVICE OF NOTICE. FAILURE TO CONTEST THE REGISTRATION WILL RESULT IN CONFIRMATION OF THE CHILD CUSTODY DETERMINATION AND PRECLUDE FURTHER CONTEST OF THAT DETERMINATION WITH RESPECT TO ANY MATTER THAT COULD HAVE BEEN ASSERTED. 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 OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. MidPenn Legal Services Lawyers Referral Service Cumberland County Bar Association 213A North Front Street 100 South Street 2 Liberty Avenue Harrisburg, PA 17101 PO Box 186 Carlisle, Pennsylvania 1-800-932-0356 Harrisburg, PA 17108 717-249-3166 1-800-692-7375 444-A Harrisburg, PA 17110 717-657-7770 Attorney for Melody Davis a Marc . ScariAttorney ID #X)6 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 103 STATEMENT OF NON-MODIFICATION I, DR. MELODY D. DAVIS, state that to the best of my knowledge and belief the foregoing custody order has not been modified with regard to custody in any manner. ?"5- l-'- ?/ ?/ /n5 DR. ELODY . DAVIS DATE LAURIE A. BERNSTEIN, ESQ. 145 Eagle Rock Avenue ?`?"y?p/FILED ???F?Ea coe? Roseland, New Jersey 07068 (973) 228-2100 2'^1 A"u "9 P 1 53 %1 Attorney for defendant, Melody 9. Dad is CGUhr [? ?;? ;d JE?SFY' SHAHAN ISLAM, ;L,';;iaUPERjQKKBJL7RT OF NEW JERSEY CHANCERY DIVISION-FAMILY PART PLAINTIFF, SOMERSET COUNTY DOCKET NO. FM-18-284-00 V. MELODY D. DAVIS, DEFENDANT CIVIL ACTION AMENDED DUAL JUDGMENT OF DIVORCE THIS MATTER having come before the Court on March 13, 2001, the Honorable Paul W. Armstrong, J.S.C., presiding, and in the presence of Laurie A. Bernstein, Esq., counsel to the defendant, Melody Davis, and the plaintiff, Shahan Islam having been represented by his attorney, Michael Magaril, Esq., and both parties having reached an agreement on all issues and having placed such agreement on the record on March 13, 2001, and the Court having considered the Complaint and Counterclaim and the proofs thereon, and it appearing that the parties were married on January 29, 1983 and that there were two children born of the marriage, Ariel Islam born on May 2, 1993 and Zachary Islam, born on November 23, 1998 and both parties having pled and proven a cause of action for divorce and such case made and provided and plaintiff and defendant having been bona fide residents of the State of New Jersey for more than one year next preceding the commencement of this action and jurisdiction having been acquired over the parties 1 pursuant to the Rules of Court and it appearing that the parties hereto have entered into an agreement as to all issues, which agreement was placed upon the record in open Court on March 13, 2001 and which Property Settlement Agreement is attached hereto as J-1, and both parties having testified that they entered into said agreement knowingly and voluntarily and the Court having found as a fact that the parties had done so, and the Court further finding as a fact that the parties were represented by counsel, both parties having expressed satisfaction with the representations of their respective counsel, and the Court making no finding as to the adequacy or sufficiency of the provisions of the parties' agreement, the same having been arrived at by mutual consent and agreement by the parties, and the Court having executed a Final Judgment of Divorce on March 13, 2001 which dissolved the marriage between the parties and provided in pertinent part, that all other stipulations, adjudications and agreements made at trial shall be enforceable upon signing of an Amended Final Judgment of Divorce and for good cause shown; It is on this day of k U v 9- 2001; ORDERED and ADJUDGE ID that the Final Judgment of Divorce dated March 13, 2001 is hereby amended and supplemented to provide that the agreement of the parties, which was placed on the record on March 13, 2001 and is attached hereto as J-1 is hereby made a part of the Final Judgment of Divorce dated March 13, 2001 and shall not merge 2 with but shall survive the Judgment of Divorce. This Court specifically notes that it has not taken any testimony as to the terms of the Property Settlement Agreement and makes no judgment with respect thereto, except that the Court has determined that both parties have understood and voluntarily executed the Agreement and have accepted the terms thereof as fair and equitable and it is furthered; ORDERED that the plaintiff dismisses Count 2 of his Amended Complaint with prejudice and defendant dismisses Counts 2, 3, and 4 of her Counterclaim with prejudice. W. I hereby consent to the form and entry of the above Order. MICHAEL MA 'ARIL, Attorney for plai if Certified to be a True Copy Amepa Wachter- Smith By < 1 l? _ ? Cd ?, 3 CE??IFIED COP PROPERTY SETTLEMENT AGREED/FILED 2001 AUG 29 P 3: 53, THIS AGREEMENT, made and executed the day and year set SUPERIOR COURT al F? opposite the signatures of the parti eft G? , COURT Melody r SU IERSET Davis, residing at RRl, Box 435R, Liverpool, PA 17045 hereinafter referred to as the "WIFE"; and Shahan Islam residing at 24 Childsworth Avenue, Bernardsville, New Jersey hereinafter referred to as the "HUSBAND"; WITNESSETH: WHEREAS, the parties hereto were duly married to each other on the 29th day of January, 1983 in a religious ceremony in Mechanicsburg, Pennsylvania. WHEREAS, there were two children born of the marriage; to wit, Ariel Islam, born on May 2, 1993 and Zachary Islam, born on November 23, 1998. WHEREAS, various disputes and unhappy differences have arisen between the HUSBAND AND WIFE, and WHEREAS, there have been no previous proceedings between the parties in any Court pertaining to the marital relationship, the dissolution thereof, or the support and maintenance of the HUSBAND, WIFE or the children; and WHEREAS the parties by this Agreement, voluntarily desire to settle and determine all of their legal rights and obligations to and for, and all questions relating to the disposition of their respective interests in all assets accumulated and/or acquired by them, or either of them, during 1 the marriage, the payment of obligations, if any, as provided herein, the support, maintenance and education of the children, custody of the children, parenting time, alimony, support and maintenance of the HUSBAND and the WIFE and the disposition and determination of all claims, rights, obligations and expectancies of the parties against each other; and WHEREAS, the parties are independently represented by counsel of their own choice and have deliberated upon and considered their respective interests and demands and have concluded that it is desirous and in the best interests of the parties and the children that the property and financial questions, issues and problems arising out of the marital relationship be set and determined; WHEREAS, the HUSBAND instituted a suit against the WIFE in the Superior Court of New Jersey, Chancery Division, Family Part, Somerset County, under Docket No.: FM-18-284-00, for Divorce and the WIFE filed an Answer and Counterclaim. WHEREAS, the parties have read this Agreement, and they fully understand the provisions, terms and conditions of this Agreement, they believe this Agreement to be reasonable, fair, equitable and just under the circumstances and they believe this Agreement to be in the best interests and welfare of each of the parties. They accept this Agreement freely and voluntarily. NOW, THEREFORE: 2 In consideration of the mutual promises, covenants and undertakings hereinafter set forth, the parties hereto, for themselves, their heirs, executors and administrators, mutually agree as follows; SEPARATION 1. It shall be lawful for each party at all times to live separate and apart from the other at such place or places as he or she may from time to time choose to deem fit. Both parties agree to respect the privacy of the other and to lead their lives as though they were not married. Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were not married. Neither party shall harass or disparage each other or the other's family members in the presence of the children MERGER OF PRIOR AGREEMENTS 2. The parties agree that, upon execution of this Agreement by and between them, the terms and conditions of any and all prior agreements shall merge into this Agreement, and any and all prior agreements shall be deemed cancelled, null and void and of no further force and effect. ASSUMPTIONS 3. The parties understand and acknowledge that the within Agreement and the alimony and child support figures arrived at herein, were based in part, upon certain assumptions, to wit: 1) that the HUSBAND is presently earning a gross annual income of $200,000 and is capable of earning a 3 gross annual income of $200,000; (2) that the WIFE is full- time caretaker of the minor children, is anticipating completion of her Ph.D. and will be seeking employment in a teaching capacity. She anticipates that her earning capacity r J will be $35,000 upon completion of her Ph.D. and entry into ?L the work force. A gross annual income of $35,000 has been imputed to the WIFE now, for purposes of calculating a child support and alimony award as set forth in this Agreement. The WIFE testified that her Amended Case Information Statement dated February 20, 2001 accurately reflected the lifestyle that the parties led during the marriage. The HUSBAND testified that his Amended Case Information Statement dated February 28, 2001 accurately reflected the lifestyle that the parties led during the marriage and he further testified that to the extent there were any discrepancies between his Case Information Statement (CIS) and the WIFE's Case Information Statement (CIS), that his CIS was correct. The WIFE testified that with the alimony she is receiving from the HUSBAND as well as the monies she can earn based upon her earning capacity, that she could not maintain herself in a lifestyle reasonably commensurate with that which she led during the marriage, however, she was willing to accept the terms of the Agreement. The HUSBAND testified that he was unsure as to whether both the HUSBAND and the WIFE would be able to maintain lifestyles comparable to that enjoyed by each of them during the marriage under the terms of the Agreement, however, 4 he was willing to accept the terms of the Agreement. CUSTODY AND PARENTING TIME 4. The HUSBAND and the WIFE shall have joint legal custody of the two minor children of the marriage with the WIFE designated as primary residential custodian of the two minor children of the marriage. 5. In implementing joint legal custody of the children, the parents agree that on all matters of relative importance relating to the health, education and welfare of the children, they will confer with each other, with a view to adopt and follow those policies which are in the best interests of the children. 6. The parties respectively shall promptly notify each other of illness and other matters or problems affecting the children, when the children are in his or her care. 7. The parties mutually agree that neither party shall leave the country with either child, without first receiving written consent from the other party, which consent shall not be unreasonably withheld. Both parties must consent in writing prior to the issuance of a passport for the children. 8. The parties shall have the following holiday parenting time with the two minor children: a) THE WIFE: During even years- New Year's Eve, Easter, Fourth of July, Halloween, Christmas Day, children's birthdays. 5 During odd years- New Year's Day, Memorial Day, Labor Day, Thanksgiving, Christmas Eve day. b) THE HUSBAND: During even years- New Year's Day, Memorial Day, Labor Day, Thanksgiving, Christmas Eve Day. During odd years- New Year's Eve, Easter, Fourth of July, Halloween, Christmas Day, children's birthdays. 9. In addition, the children will be with the HUSBAND on Father's Day each year and on the HUSBAND's birthday and with the WIFE on Mother's Day each year and on the WIFE's birthday. The party who does not have the child on the child's birthday, shall have their pick of an additional day either before or after the child's birthday for a separate celebration. 10. The HUSBAND shall have regular parenting time with the minor children as follows: Alternating weekends from Friday night 7:00 P.M. to Sunday night 7:00 p.m.. The pick up and drop off point will be the Trexlertown-Fogelsville exit on Interstate Highway 78 in Pennsylvania. 11. The parties recognize that due to the geographical distance between the parties' residences, their work demands and weather concerns, the parties agree to be flexible and cooperate with each other in the event modifications must be made to the parenting time schedule. 12. Additionally, the HUSBAND will have two non- consecutive weeks extended parenting time with the minor child, Ariel Islam, which shall take place: one week during 6 the child's summer vacation and the other week during Christmas break. The HUSBAND shall notify the WIFE as to his choice of weeks for extended summer parenting time 60 days in advance of the anticipated visitation. In the event of a conflict in the scheduled summer vacation visitation dates, the parties shall confer and attempt to resolve the matter. If the parties have conferred and cannot resolve the vacation issue, the party who first provided notice shall prevail. Both parties recognize and agree that they are obligated to provide the other with an address and telephone number where the children may be contacted during any extended parenting time, prior to the commencement of the visitation. The HUSBAND shall commence extended parenting time with Zachary when Zachary is four years old. CHILD SUPPORT 13. Commencing March 13, 2001, the HUSBAND shall pay to the WIFE as and for the support and maintenance of Ariel and Zachary Islam, the two unemancipated children of the marriage,: the sum of $360.00 per week, which payments shall be made through the Probation Department of the County where the HUSBAND resides via income execution. The parties shall contribute towards the day camp expenses, sleep away camp expenses, computer, car and/or any other extraordinary expenses incurred on behalf of the minor children with the HUSBAND being responsible for 700 of the cost and the WIFE being responsible for 300 of the cost. However, both parties 7 shall mutually agree upon the choice of day camp, sleep away camp and such other extraordinary expenses incurred on behalf of the minor children and neither party shall unreasonably withhold his or her consent. 14. The aforesaid child support for the minor children shall be eliminated upon each child becoming emancipated. An emancipation event shall occur or be deemed to have occurred on the earliest happening of the following events. The term "emancipated" shall be defined for the purposes of this Agreement as follows: A. The completion of higher education by the child up to and including receipt of an undergraduate degree, vocational or business/technical school diploma so long as the child is diligently pursuing his/her formal education on a continuous basis; B. Marriage of the child, regardless of the child's educational status or age (even though such marriage may be void or voidable and despite any annulment thereof); C. Entry into the armed forces of the United States or any other army (provided that the emancipation event shall be deemed terminated and nullified upon discharge from such forces and thereafter the event period shall be applicable as if such emancipation event by reason of said entry had not occurred); D. Permanent residence away from the residence of the WIFE; however, a residence at boarding school, camp or 8 i college, is not to be deemed a residence away from the WIFE sufficient to constitute emancipation. E. Death of the child or HUSBAND, however, nothing contained in this Agreement shall be deemed to relieve the HUSBAND's estate of any obligations for child support incurred by the HUSBAND under this Agreement prior to the HUSBAND's death; F. Full-time employment or the ability to engage in full- time employment after the child attains the age of eighteen (18) except that, engaging by the child in full-time employment during vacations, school recesses and summer periods shall not be deemed emancipation; G. Notwithstanding anything contained in the subparagraphs above, an emancipation event shall be deemed deferred beyond the twenty-first (21st) birthday of the child only if, and so long as, the child pursues his/her formal education pursuant to the paragraphs herein with reasonable diligence, and on a normally continuous basis, and in no event beyond the twenty-third (23rd) birthday of the child, unless the delay is caused by injury or illness of the child. COLLEGE EDUCATION COSTS 15. Both the HUSBAND and the WIFE acknowledge that the children are likely to attend college. The parties agree to consult with a view towards adopting a harmonious policy concerning the college education of the child. The children shall have an obligation to apply for financial aid in the 9 form of loans, grants, and scholarships to help defray college expenses. Expenses shall be defined to include tuition, room, board, registration fees, uniforms, required books and laboratory materials, student and other fees billed directly by the education institution, application fees for college, costs of sending high school transcripts to each college. Transportation costs associated with round trips per year between the children's residence and the college and preparatory or tutorial courses in connection with (eg. SAT courses) shall be considered extraordinary expenses pursuant to the child support provisions of this Agreement. 16. The parties shall each be responsible to contribute to the cost of their children's college education and associated expenses, proportionately with respect to their respective financial abilities (in consideration of income and assets) at the time of such college attendance after exhaustion of grants, scholarships, and student loans. HEALTH BENEFITS FOR THE PARTIES AND MINOR CHILDREN 17. The parties shall each be responsible for procuring, maintaining and paying the premiums for their own health and dental insurance coverage, free from contribution of the other party, and for payment of any and all unreimbursed expenses, each of them may incur of whatever type or nature, including, but not limited to hospital, medical, dental, pharmaceutical, optical, psychiatric, psychological, orthodontic, and any other expenses, past, present and future. 10 Each party hereby waives and releases any and all rights and claims against the other for same, whatsoever, past, present and future. The HUSBAND shall cooperate with the WIFE, in executing and providing to her any and all documents necessary to enable the WIFE to receive continuing medical, dental and pharmaceutical benefits through his employer's COBRA plan. The WIFE shall be exclusively responsible for payment for her own COBRA benefits, if she chooses to continue coverage through the HUSBAND's COBRA plan. 18. The HUSBAND shall continue to maintain and pay the premiums for health and dental insurance coverage for the minor children which shall cover the children in Pennsylvania. The WIFE shall make every effort to utilize participating providers. If the WIFE selects a health care provider who is not "in network" or if such provider is not available "in network," the WIFE shall obtain the HUSBAND's consent, which consent shall not be unreasonably withheld or delayed. The HUSBAND and WIFE shall pay the unreimbursed medical, dental, hospital, pharmaceutical, eye care, ophthalmological, orthodontic, psychiatric, psychological, counselling and any other health related expenses, of whatever type or nature, incurred by the parties on behalf of the minor children, with the WIFE paying 30o and the HUSBAND paying 70; of the unreimbursed expenses. If the children are covered under the WIFE's health insurance policy with the consent of the HUSBAND, the HUSBAND shall pay for the premiums for the 11 children's share of the health insurance coverage directly to the WIFE. LIFE INSURANCE 19. The HUSBAND shall maintain and pay the premiums on a $1.25 million life insurance policy on his life. The policy shall be privately held through Hartford Life Insurance Company, or another insurance carrier, and shall not be employment related. The WIFE shall be designated by the HUSBAND as irrevocable beneficiary of said policy in the amount of $750,000 to secure her receipt of alimony. The HUSBAND shall name the two minor children as equal irrevocable beneficiaries in the amount of $500,000 under this same policy and designate the WIFE as trustee for the children. The HUSBAND shall not borrow against said policy or pledge or hypothecate the policy in any way. The HUSBAND shall not assign the insurance policy set forth above to anyone, and no one shall have the right to borrow against same or surrender such policies for cash value, if any. The HUSBAND shall provide proof of coverage in conformance with this Agreement to the WIFE, within thirty days and on an annual basis. He shall further sign a Release authorizing the WIFE to be informed directly by the insurance company with respect to the status of said insurance policy and the payment of said premiums, however this shall not alleviate the HUSBAND from providing proof of the existence of coverage in conformity with the Agreement. The HUSBAND shall execute such forms, 12 instruments, documents as may be required so that the WIFE may obtain such information from the insurance company, directly. 20. The parties understand and acknowledge that it is their responsibility and not the responsibility of their attorneys, to obtain proof on an on-going basis, as to the existence and maintenance of life insurance coverage as mandated by this Agreement. 21. The WIFE waives and releases any claim she may have by way of equitable distribution for 50% of the cash surrender value of the Hartford Life Insurance policy, which cash surrender value is estimated at $8,500. LONG TERM DISABILITY INSURANCE POLICY 22. The parties understand and acknowledge that the HUSBAND shall maintain a private long term disability policy, which coverage is commensurate with his present $200,000 income level. He shall name the WIFE as survivor beneficiary under that policy. The HUSBAND shall not borrow against said policy or pledge or hypothecate the policy in any way. The HUSBAND shall not assign the insurance policy set forth above to anyone, and no one shall have the right to borrow against same or surrender these policies for cash value, if any. The HUSBAND shall produce proof of coverage in conformance with this Agreement to the WIFE, within thirty days and on an annual basis. He shall further sign a Release authorizing the WIFE to be informed directly by the insurance company with respect to the status of said insurance policy and the payment 13 of said premiums, however this shall not alleviate the HUSBAND from providing proof of the existence of coverage in conformity with the Agreement. The HUSBAND shall execute such forms, instruments, documents as may be required so that the WIFE may obtain such information from the insurance company, directly. 23. The parties understand and acknowledge that it is their responsibility and not the responsibility of their attorneys, to obtain proof on an on-going basis, as to the existence and maintenance of long term disability coverage as mandated by this Agreement. ALIMONY 24. Reference is made to paragraph 3 under the heading, Assumptions, which is incorporated herein by reference. The assumptions stated in paragraph 3 are factors considered in arriving at the alimony and child support awards as set forth in this Agreement. For the mutual covenants and promises contained herein, commencing March 13, 2001, the WIFE shall receive permanent alimony, maintenance and support from the HUSBAND in the amount of $1,019.23 per week which shall be paid through the probation department of the County where the HUSBAND resides, via income execution. In arriving at this sum, the parties have considered, among other things, all of the facts recited in paragraph 3 above. It is understood and agreed by the parties that the HUSBAND's obligation to pay alimony shall terminate forever and he shall be forever 14 released from the obligations thereof upon the occurrence of one or more of the following: A. Death of the WIFE; B. Remarriage of the WIFE; C. Death of the HUSBAND. However, nothing contained in this Agreement shall be deemed to relieve the HUSBAND's estate of any obligations incurred under this Agreement by the HUSBAND and vested with the WIFE prior to the HUSBAND's death. Thus, any alimony that shall be due as of the date of death shall continue to be payable, although there shall be no obligation to make payments for any time period after the date of the HUSBAND's death. 25. It is the intention of the parties that the alimony payments made by the HUSBAND to the WIFE as set forth in this Agreement shall be included in the WIFE's gross income and taxable to the WIFE and shall be deductible to the HUSBAND under the applicable provisions of the Internal Revenue Code and this Agreement is made in reliance thereon. EQUITABLE DISTRIBUTION 26. The parties to this Agreement have acquired both real and personal property during their marriage and have agreed upon an equitable division between them, to their mutual benefit and satisfaction, of all property acquired individually and jointly during the marriage. The assets listed below will be distributed by way of direct transfers, rollovers or Qualified Domestic Relations orders in the case 15 of qualified plans. The fees and costs associated with the preparation of the QDROs will be equally divided between the parties. The Court shall retain jurisdiction to amend the Qualified Domestic Relations Orders to establish and to maintain their qualification as Qualified Domestic Relations Orders. The parties agree to execute and consent to the form and entry of any additional orders or amended orders which may be necessary to qualify the Order(s) as a Qualified Domestic Relations Order. All shares of stock that the parties have held and which are considered marital will be divided equally such that the cost basis of all shares will be equally apportioned. A. REAL PROPERTY- BERNARDSVILLE NEW JERSEY HOME 27. The parties have recently sold the marital residence located at 24 Childsworth Avenue, Bernardsville, New Jersey, which was held by the parties as tenants by the entireties, for the sum of $565,000 (with credit for repairs). There was a first mortgage balance with North American Mortgage Company of approximately $273,000 and a home equity loan with Peapack-Gladstone Bank with an approximate balance 7000. of The parties represent that there are no mortgages on the marital residence, except the first mortgage and home equity loan referred to above, and that there are no judgments or liens on the property, and that this Agreement is made in reliance thereon. The HUSBAND and WIFE each represent and warrant to the other that he or she has not and will not cause 16 any liens or encumbrances of any kind to be placed upon the marital residence. If the HUSBAND or the WIFE places or causes to be placed any such liens, encumbrances or judgments on the property, it will be the responsible party's sole obligation to cause same to be removed prior to closing, and if the party who is not responsible for said lien, encumbrance or judgment is called upon to make any payments or contribution towards same, the responsible party shall indemnify and hold the other harmless from any obligation thereon. 28. The parties have entered into a separate contract which is in the possession of their real estate attorney, Robert Van Rensselaer, Esq., which provides for certain credits between the parties, relative to the closing on the marital residence. Except as specifically set forth in this Agreement and the separate contract retained by Mr. Van Rensselaer, it is the parties' intention to share equally the net proceeds from the sale of the marital home. The net proceeds shall be defined as that amount remaining after deduction of the balance due and owing on the mortgage, home equity loan, normal closing costs, including attorneys' fees and brokerage fees, and monies advanced by the wife to Environmental Excavating Co.. Past due mortgage and home equity loan payments, if any, including penalties and interest shall be the HUSBAND's obligation, as he is obligated to pay the mortgage and home equity loan on a timely basis until closing. 17 29. Until the closing, the HUSBAND is responsible for and shall pay for the monthly mortgage payments, monthly home equity loan, water and sewer, taxes, utilities, PSE & G, telephone bills, costs of repairs, maintenance, and any other customary and ordinary expenses and such other expenses necessary to close on the property as directed in the June 9, 2000 pendente lite Order executed by the Honorable Marilyn Rhynne Herr and any amounts past due for these expenses to the date of closing, including late fees, penalties and interest. 30. The proceeds from the sale of the marital residence shall be distributed as follows: From the net proceeds before distribution to the parties, the parties' 1999 and 2000 income tax liability must be paid, which expense shall be borne equally by the parties. If there is no determination made as to the actual amount of taxes due for the tax year 2000 at the time of closing, the parties' real estate attorney or the WIFE's attorney, shall hold an estimated sum in his/her escrow account, which sum is agreeable to both parties, pending notification as to the actual amount due and owing. If there is a short fall held in escrow, the parties shall both contribute equally to the difference. 31. The parties mutually understand and acknowledge that the HUSBAND will pay off the entirety of the balance existing on the parties' American Express credit card in the approximate amount of $13,000 from his share of the net proceeds at the time of closing and provide verification of 18 same to the WIFE. The HUSBAND shall indemnify and hold the WIFE harmless with respect to that obligation. The HUSBAND shall also pay the sum of $1,350.00 to the WIFE's attorney from his share of the net proceeds at closing. B. REAL PROPERTY- LIVERPOOL PENNSYLVANIA HOME 32. With reference to the Liverpool, Pennsylvania home, the home has been appraised at $80,000 and has no mortgage. The parties each have a 50% interest in the property. The HUSBAND shall convey all of his .right, title, claim and interest in and to this property by Bargain and Sale Deed with Covenants Against Grantor's Acts and shall sign an Affidavit of Title, Affidavit of Consideration and such other documents necessary to transfer all of his interest to the WIFE. In exchange for the transfer of all of his right, title, claim and interest in and to the marital residence to the WIFE, the WIFE shall pay to the HUSBAND the sum of $20,000.00, in the manner and under the conditions as set forth herein. This $20,000.00 was arrived at by taking into consideration the HUSBAND's 50% equity in the marital residence and crediting the WIFE with an additional 25% interest in the property, as and for additional equitable distribution. The HUSBAND and WIFE each represent that there are no liens, judgments or encumbrances of any kind on the property and that there are no mortgages on the property. Each further represents that he or she will not cause to be placed any liens, judgments, mortgages or other encumbrances upon the property. If either 19 party places or causes to be placed any liens, judgments or encumbrances on the property, it will be his or her sole obligation to cause same to be removed prior to closing and each shall indemnify and hold the other harmless from any obligation thereon. 33. The HUSBAND shall convey good and marketable title to the WIFE. The HUSBAND agrees to cooperate in executing any and all documents in order to effectuate the transference of his entire interest in the marital residence to the WIFE. Simultaneously with his transfer of his interest in the property to the WIFE, she shall pay the HUSBAND $20,000 by bank check, certified check or attorney escrow check. 34. The parties understand and acknowledge that they may be liable in the future for taxes due to the sale of the marital residence and/or the Liverpool property. Each of the parties shall be responsible for his or her own taxes, if any, without contribution from the other party, resulting from the sale of his or her interest in their properties. The parties are encouraged to seek expert advice from an accountant or tax specialist regarding issues of potential tax liability and reinvestment. PERSONAL PROPERTY 35. The personal property located in the Bernardsville home and in the Liverpool, Pennsylvania home, has been distributed between the parties and, except as specifically provided herein, each party shall be entitled to retain all 20 personal property and effects presently maintained by that party as his or her own separate property, free and clear from any right, title, claim or interest of the other and each shall have the right to deal with and dispose of his or her property, as fully and effectively as if the parties had never been married and each party waives and relinquishes his or her rights to the other's property. The parties agree to and do hereby relinquish all right, title and interest therein that he or she may have to the other's personal property, except as set forth in this Agreement. INCOME TAXES 36. Commencing with the tax year 2001, the parties shall file separate Federal, State and Local income tax returns, and each party shall be fully responsible for the payment of his or her own debt and tax liability and may retain any refund to which he or she may be entitled. The HUSBAND represents and warrants to the WIFE and the WIFE represents and warrants to the HUSBAND that they have heretofore duly paid all income taxes due on their joint returns except for the tax years 1999 and 2000, which taxes shall paid by the parties equally utilizing the net proceeds from the sale of the Bernardsville residence, at closing. Should there be any refund, the parties will equally share in the refund. If there is a deficiency and/or refund in connection with any joint return heretofore filed prior to the tax year 1999, such deficiency shall be shared by the parties proportionately with respect to their 21 incomes and any refund shall be paid to the parties proportionately with respect to their incomes. The parties shall indemnify and hold each other harmless from any liability, including, but not limited to, taxes, penalties, interest, fees and assessments, which are incurred as a result of one party's failure to either legally and truthfully declare or report income (understatement) or legally and truthfully claim exemptions, credits, expenses, deductions (overstatement) or both, in which case the party responsible for such understatement or overstatement, or both, as defined above, shall be solely responsible to satisfy such liabilities. RETIREMENT FUNDS PENSIONS, IRAS. ETC. A The Penn Mutual Life Insurance Company IRA 37. The HUSBAND represents that he has maintains an IRA with The Penn Mutual Life Insurance Company, contract number 8033306, in the name of Shahan Islam, in the approximate amount of $204,000. The funds in this IRA were rolled over from a profit-sharing plan/401k with his former employers, Anderson Kill and Friedman Siegelbaum. It is the intent of the parties to equally divide the HUSBAND's IRA account. Since no contributions were made towards the IRA after the filing date of the Divorce Complaint, the WIFE shall be transferred 501 of the total account balance in the HUSBAND's IRA account, as of the date the WIFE's portion of the IRA is transferred to her. In determining the initial amount allocated to the WIFE, the 22 amount due to the WIFE shall be charged proportionately against each fund then held within the HUSBAND's account. The WIFE will advise Penn Mutual Life Insurance Company as to where her share of the funds are to be transferred. Penn Mutual Life Insurance Company is directed to comply with the terms of this Agreement. 38. The shares of stock, mutual funds, and other investments held in each of the accounts shall be divided equally between the parties, such that the cost basis of all shares will be equally apportioned, so that each party shall receive the exact amount of assets with the exact same tax cost basis. The parties have agreed to divide this account equally in kind, the purpose of which, so that each party will have the same taxable basis and the same potential tax consequence in the event of sale or transfer of those assets. Should a Qualified Domestic Relations Order be required to transfer the WIFE's interest in this account to her, the parties will cooperate in signing any and all necessary documents to provide the WIFE with her 50% interest. Should a Qualified Domestic Relations Order be required, the Order shall be prepared by William Troyan, Inc. and the parties will equally share in the cost. B. Vanguard IRA 39. The parties acknowledge that the HUSBAND maintains an IRA with Vanguard consisting of funds rolled over from the HUSBAND's Anderson Kill pension. It is the intent of the 23 parties to equally divide the HUSBAND's IRA account. Since no contributions were made towards the IRA after the filing date of the Divorce Complaint, the WIFE shall be transferred 500 of the total account balance in the HUSBAND's IRA account, as of the date the WIFE's portion of the IRA is transferred to her. In determining the initial amounts allocated to the WIFE, the amounts due to the WIFE shall be charged proportionately against each fund then held within the HUSBAND's accounts. The WIFE will advise Vanguard was to where her share of the account is to be transferred. Vanguard is directed to comply with this Order. 40. The shares of stock, mutual funds, and other investments held in each of the accounts shall be divided equally between the parties, such that the cost basis of all shares will be equally apportioned, so that each party shall receive the exact amount of assets with the exact same tax cost basis. The parties have agreed to divide this account equally in kind, the purpose of which is so that each party will have the same taxable basis and the same potential tax consequence in the event of sale or transfer of those assets. Should a Qualified Domestic Relations Order be required to transfer the WIFE's interest in this account to her, the parties will, cooperate in signing any and all necessary documents to provide the WIFE with her 50% interest. Should a Qualified Domestic Relations Order be required, the order shall be prepared by William Troyan, Inc. and the parties will 24 equally share in the cost. C Friedman Siegelbaum Money Purchase Plan 41. The HUSBAND is a participant in a Friedman Siegelbaum Money Purchase Plan managed by Sanford C. Bernstein & Co. Inc. The parties agree that it is their desire to equally divide the entirety of the HUSBAND's interest in this plan. The HUSBAND will buy-out the WIFE's interest in the plan, by providing her with a credit for 1/2 of the balance of the account existing on the date of closing on the Liverpool property. This sum will thereafter be deducted from the sums payable to the HUSBAND by the WIFE as a buy-out for his interest in and to the Liverpool residence. once the buy-out has occurred, the WIFE will waive any right, title, claim or interest in and to the HUSBAND's Friedman Siegelbaum Purchase Money Plan and it shall be the sole and exclusive property of the HUSBAND. 42. Any loans which the HUSBAND may have outstanding against his pension, purchase money plan, profit-sharing, 401k or other plans, shall be repaid from the HUSBAND's respective interest in the plan without any contribution from the WIFE. 43. Each party shall retain the vehicle(s) which is/are presently in his or her possession free and clear of the rights and interests of the other party. The WIFE may retain her Ford Bronco and the HUSBAND may retain his Toyota Avalon 25 vehicle and each party waives any right, title, claim or interest to the other's motor vehicle. The parties shall immediately transfer title to the other's vehicle, if necessary and shall cooperate in signing all documentation necessary to effectuate a transfer of title from that individual to the other. Each party shall be solely responsible for the upkeep, maintenance, insurance as well as any encumbrances or liabilities for the vehicle(s) in his or her possession, and each agrees to hold the other harmless and free from any liabilities respecting same. The WIFE waives any claim against the HUSBAND for a credit towards the disparate value of the parties' respective automobiles. BANK ACCOUNTS 44. Other than as specifically set forth in this Agreement, the WIFE may retain for her use and ownership any and all accounts, including, but not limited to, checking, savings accounts and any other accounts of any type or nature established by her in.her own name and the HUSBAND waives and relinquishes any right, title, claim or interest he may have in such accounts. 45. Other than as specifically set forth in this Agreement, the HUSBAND may retain for his use and ownership any and all accounts, including but not limited to, checking, savings accounts and any other accounts of any type or nature established by him in his own name and the WIFE waives and relinquishes any right, title, claim or interest 26 she may have in such accounts. OTHER PERSONAL PROPERTY 46. The parties acknowledge that they have previously distributed between them, all items of personal property and personal effects, except as set forth in this Agreement. The parties shall each have exclusive possession, ownership and control of all items of personal property presently in their possession and/or located in each of their residences, and all household goods and effects shall constitute the sole property of the party maintaining same, except as set forth in this Agreement. The parties agree to and do hereby relinquish all rights, and interest that he or she may have to the other's personal property, except as set forth in this Agreement or by amendment to this Agreement. DEBT ALLOCATION 47. The parties represent that they maintain no joint charge accounts, except for the American Express card with a balance of approximately $13,000.00. The balance on the American Express card shall be paid in full at the time of the closing on the Bernardsville residence by the HUSBAND from his share of the net proceeds without any contribution from the WIFE and he shall indemnify and hold the WIFE harmless from any obligation thereon. Other than the American Express card, each party shall be responsible for his or her own credit card debts and shall indemnify and hold harmless the other party from any liability thereon. 27 48. Each party represents that all joint marital debts have been paid in full, except for the balance on the first mortgage on the marital residence, the home equity loan, the American Express bill with a balance of approximately $13,000 as referenced above and the parties' personal income taxes for the tax years 1999 and 2000. Except as specifically set forth herein, the parties represent and warrant to each other that they have not incurred any debts or obligations for which the other party may be liable. If either party has incurred such debt or obligation, he or she shall be solely responsible for same. If the other party is called upon to make any payment or contribution towards same or to any debt for which the other party is responsible, the responsible party shall indemnify and hold the other party harmless from any obligation thereon. Except as specifically set forth in this Agreement, each party shall be solely and exclusively responsible for any and all debts incurred by that party in his or her own name, and shall indemnify and hold the other party harmless thereon. 49. Any loans, debts, taxes, or other expenses which the HUSBAND may owe to or on behalf of Tina Staub and/or "The Pie Lady," shall be the sole and exclusive obligation of the HUSBAND, free and clear of any contribution on the part of the WIFE. COUNSEL FEES 50. Pursuant to prior Orders of the Court, the HUSBAND IVJ shall pay to the WIFE'S attorney, Laurie A. Bernstein, Esq., 28 X41 7f,e ddf . 0-4- *e Pte Cc ?Gn z?7/ 7' ,5 worl a e Gnag att"7 f ? G P C'?/7v; 7 /a471 :?76rU2. /?P P/'7 ..5?+ /s-?r° the sum of $1,350.00 which shall be paid at the time of the closing of the sale of the Bernardsville residence from the HUSBAND'S share of the net proceeds. Other than the $1,350.00 fee as stated herein, the HUSBAND and WIFE agree that each shall be responsible for his or her own counsel fees and costs incurred in connection with the negotiation, preparation, and execution of this Property Settlement Agreement, as well as matters incident to the dissolution of the marriage between them. DEPENDENCY EXEMPTION 51. It is agreed by and between the parties that they will each take one child as a dependency exemption on his or her separate tax returns, with the WIFE taking Zachary and the HUSBAND taking Ariel. When Ariel is emancipated, the parties will alternate taking Zachary as a dependency exemption on their Federal, State and Local Income Tax Returns. The parties shall cooperate in signing any declaration or documents required by the United States Treasury, the Internal Revenue Service or any other entity or agency to implement this intention. CONFIDENTIALITY ORDER WITH REFERENCE TO THE WIFE'S MANUSCRIPT 52. The HUSBAND, his agents, servants, employees, attorneys and all persons in active concert or participation with the HUSBAND are restrained from directly or indirectly, copying, printing, reprinting, publishing, vending, distributing, selling, displaying, promoting or advertising 29 any copy of the manuscripts of the WIFE or by causing and/or participating in such copying, printing, reprinting, publishing, vending, distributing, displaying, selling, promoting or advertising. The HUSBAND shall immediately produce and turn over to the WIFE any and all copies of the manuscripts which are in his possession and/or control and/or the control of his agents, servants and/or employees, which are identical to, similar to or are a colorable imitation of the manuscripts of the WIFE. The HUSBAND shall keep confidential and shall not disclose either verbally or in writing any portion of the manuscripts of the WIFE. The HUSBAND shall advise any individuals with whom he has discussed the manuscripts or have reviewed the manuscripts, that a Protective Order exists restraining them from discussing or disclosing either verbally or in writing, the content of the WIFE's manuscripts and those individuals shall sign a writing stating that they understand that the content of the WIFE's manuscripts are confidential and that they are restrained from revealing the content of said manuscripts to anyone. Said statements shall be produced to the WIFE's counsel within thirty days of the date of this Order. PERSONAL INJURY SETTLEMENT 53. The parties acknowledge that they have settled their personal injury case in the matter of Melody Davis and Shahan Islam her husband v. John McFail v. Shahan Islam, G.D. No.: 96-01440, in the Court of Common Pleas, Lebanon County, 30 Pennsylvania, for the net sum of $22,500. The parties have mutually agreed that the WIFE shall receive 2/3 of that recovery and the HUSBAND shall receive 1/3 of that recovery. Richard Wagner, Esq., counsel to the HUSBAND and WIFE is directed to distribute the proceeds in this manner. ENTIRE UNDERSTANDING 54. This Agreement contains the entire understanding of the HUSBAND and WIFE, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. MUTUAL RELEASE 55. Except as otherwise expressly provided in this Agreement, the Husband releases the WIFE, and the WIFE releases the HUSBAND from all rights to any other, past, present or future assets or claims in which each had, has, or may have had an interest, including, but not limited to the inchoate rights of dower and curtesy, any rights to inherit from the other under the laws of intestacy or to elect against the will of the other. 53. Except as otherwise expressly provided in this Agreement, the parties shall and do hereby mutually release, remise and forever discharge each other from any and all suits, actions, debts, claims, demands and obligations whatso- ever, both in law and in equity, that either of them ever had, now has, or may hereafter have against the other upon or by reason of any matter, cause or things, up to the date of the 31 execution of this Agreement, except any cause of action to enforce the terms and conditions of this Agreement and a cause of action for divorce. INDEPENDENT COUNSEL 56. The HUSBAND and WIFE respectively acknowledge that each has had independent legal advice by counsel of his and her selection, the Wife by Laurie A. Bernstein, Esq. and the Husband by Michael Magaril, Esq., that each has been fully informed as to his or her legal rights and obligations, and that having had such prior advice and knowledge, each is executing this Agreement freely, knowingly and voluntarily, and that both parties recognize that under all of the circumstances, the agreement is fair and reasonable. MODIFICATION AND WAIVER 57. A modification or waiver of any provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. In the absence of any writings as hereinabove mentioned, it is agreed and understood between the parties that the terms of this Agr- eement and the modification of those terms shall be consistent with the law of the State. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any sub- sequent default of the same or similar nature. This agreement shall continue in full force and effect until or unless the same shall be modified either by an order of the Superior 32 Court of New jersey or by a subsequent written agreement duly signed by the parties. ADDITIONAL DOCUMENTS 58. The HUSBAND and the WIFE, shall from time to time, at the request of the other, execute, acknowledge and deliver to the other such other and further instruments which are or may be reasonably necessary, desirable or required to give full force and effect to the intent, purpose and provisions of this Agreement. SEPARATE PROPERTY 59. All property, real and personal and monies received and retained by the parties pursuant hereto, shall be the separate property of the respective parties free and clear from any right, interest or claim of the other, and each shall have the right to deal with and dispose of his or her proper- ty, both real and personal, now owned or hereafter required, as fully and effectively as if the parties have never been married. GENERAL PROVISIONS 60. The HUSBAND and the WIFE agree that this Agreement is in full and complete satisfaction of any and all claims which each may have against the other including each one's respective rights to equitable distribution under N.J.S.A. 2A:34-23. Both the HUSBAND and the WIFE mutually acknowledge and represent this Agreement constitutes a full, fair and final disposition of all real and personal property 33 acquired by them during the marriage. Each party warrants to the other his or her respective satisfaction with the quantum and manner of such equitable distribution and support. The Husband and Wife expressly intend that this Agreement become effective upon the date of its execution by both parties, such that should the parties execute this Agreement on different dates, the Agreement will become binding upon the parties that date that the last party has signed same. SURVIVORSHIP 61. This Agreement shall inure to the benefit of the parties, their heirs and assigns forever and shall be binding upon said parties, their heirs and assigns forever. INVALIDITY AND SEVERABILITY 62. If any provision of this Agreement is held to be invalid or unenforceable under the laws of this or any other State or jurisdiction, the remaining provisions hereof shall nevertheless continue in full force and effect. GOVERNING LAW 63. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey existing at the time this Agreement was entered into. INCORPORATION INTO DIVORCE DECREE 64. The parties agree to petition the Court to incorporate this Agreement in any Judgment of Divorce which may be rendered but said Agreement shall not merge into but shall survive said judgment. The parties do further agree 34 that the terms and provisions of this Agreement shall be incorporated in any decree or judgment obtained in any matrimonial proceeding between the parties and shall become a part of said decree. Notwithstanding such incorporation, this Agreement shall not be merged in the decree but shall survive the same and shall be binding and conclusive upon the parties. DISCOVERY 65. The HUSBAND and the WIFE acknowledge that the Agreement has been negotiated by the parties, the HUSBAND represented by Michael Magaril, Esq. and the WIFE having been represented by Laurie Ann Bernstein, Esq. The parties acknowledge that they each have had a right to investigate the income and assets of the other, and are aware that neither party has deposed the other. The parties each of them have expressly acknowledged that they are willing to enter into this Agreement pursuant to its terms and based upon the information provided to each other through Case Information Statements, document production and interrogatories. Each party wishes to enter into this Agreement feeling that he/she is sufficiently cognizant of the income and assets of the other, and that each party is willing to proceed as hereinabove set forth. NOTICES 66. Each party shall keep the other party informed of his/her post office address and place of residence so to effect the terms herein. 35 HEADINGS 67. The Headings of several subdivisions and paragraphs of this Agreement are inserted solely for the convenience of reference and shall have no further meaning force or effect. WHEREOF, the parties hereunto set their hand and seals the day and year below their respective signatures. ??j 2_ _ ?I.? ?aav? A?k rl/l Signed, sealed and delivered in the pres nce f ll? orJ?` j L ML'T.nnv- nth DATED: /I ll ZED : 2acl/ ?li? 1?111.t1HGL l•+t??esc?ic„ DATED : MELODY DAVIS DATED: STATE OF NEW JERSEY ss: COUNTY OF BE IT REMEMBERED, that on this day of 2001 before me the subscriber, An Attorney at Law ff New Jersey, personally appeared SHAHAN ISLAM, who I am satisfied is the "HUSBAND" named in and who executed the foregoing Agreement and to whom I first made known the contents thereof, and thereupon he acknowledged that he signed, sealed and delivered the same as his voluntary act and deed for the uses and purposes therein expressed. An Attorney at , SQ. f N Jersey 36 STATE OF COUNTY OF ss: BE IT REMEMBERED, that on this ?2 day of t 2001 before me the subscriber, &4,) E /lf)c/ k personally appeared MELODY DAVIS, who I am satisfied is the "WIFE" named in and who executed the foregoing Agreement and to whom I first made known the contents thereof, and thereupon she acknowledged that she signed, sealed and delivered the same her voluntary deed for the uses and purposes therein expressed. NOTANI NOIANY P11BUC AnEN E. NENCNf 01 C011NTY. PA NEWPONi BOR(1"PIRES IUEY 2_ i _? :.1 TJ N Y ? i ?? C O -? ca -? Cp ?' ?' 0 ? r \ =' ?n }' 3 c ? ? ?? -\?\\ i? c ? ? -? xt 7f[ , n ?" R, , - 3 - ? C ?- ? T o SCR o C ? ?? ? ?;' w c? ? O ,? ? ? C,n -?- ? ? ? ? V D [? N ? cn O?!? s- P 1 T-> ? ?' Marc A. Scaringi Melanie Walz Scaringi Office of Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Caringi ?-? & 1-- Caringi Attorneys and Counselors at Law A Professional Corporation August 30, 2005 RE: Registration of a New Jersey Order Dear Office of Prothonotary: Melissa A. Osborne Office Manager/Paralegal I write on behalf of my client, Melody Davis. Ms. Davis desires to register a foreign custody determination in Cumberland County. Accordingly, enclosed please find two certified, true copies of an Amended Dual Judgment of Divorce and attached Property Settlement Agreement and a Statement of Non-Modification, a Notice and a check in the amount of $111.50 for the filing fee. The name and address of the person seeking registration is as follows: Melody Davis 2216 Logan Street Camp Hill, PA 17011 Kindly cause the determination to be filed as a foreign judgment, together with one copy of the Amended Dual Judgment of Divorce and attached Property Settlement Agreement and a Statement of Non-Modification. Please serve the second copy of the aforementioned documents along with the enclosed Notice upon the individual named below: Shahan Islam, Esquire 1704 Half Moon Bay Croton-on-Hudson, NY 10526 If you have any questions or concerns please do not hesitate to contact me. Very ENCLOSURE \ 1. Two certified, true copies of an, Property Settlement Agreement. 2. Statement of Non-Modification 3. Notice 4. Check in the amount of $111.50 Dual Judgment of Divorce and attached 2000 Linglestown Road, Suite 103 • Harrisburg, PA 17110 Phone (717) 657-7770 • Fax (717) 657-7797 www.scaringilaw.com SHAHAN ISLALM, : IN THE COURT OF COMMON PLEAS Plaintiff : OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA V. : CUMBERLAND COUNTY BRANCH CIVIL ACTION - LAW MELODY D. DAVIS, Defendant NO. 2005-4501 CIVIL CERTIFICATE OF SERVICE I, Melissa Osborne, paralegal for Scaringi & Scaringi, P.C., do hereby certify that the original filed Notice, and a copy of the Statement of Non-Modification and a copy of the Amended Duel Judgment of Divorce in the above-captioned action has been duly served upon Plaintiff, on September 9, 2005, by depositing same in the United States Mail, First Class, Postage Prepaid, and a copy of same has been duly served upon Plaintiff by Certified, Restricted Delivery, Item Number 7004 2510 0007 6446 2671, on the same day, and addressed as follows: Shahan Islam 1704 half Moon Bay Croton-on-Hudson, NY 10526 Date: 2005 ci?iaaQ ?yt t--- Melissa Osborne ?-.? ---I ?? J+ C: ? c=1 a ? ' ??7 (a SHAHAN ISLAM, Plaintiff V. MELODY D. DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH CIVIL ACTION - LAW NO. 2005-4501 CIVIL PETITION TO CONFIRM REGISTERED CUSTODY ORDER TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW COMES Petitioner, Melody D. Davis, by and through her attorney, Marc A. Scaringi, of Scaringi & Scaringi, P.C., who respectfully petitions the Court as follows: Petitioner is Melody D. Davis, the Defendant to the above-captioned action. 2. Respondent is Shahan Islam, the Plaintiff to the above-captioned action. 3. The above-captioned action originated in the State of New Jersey as a combined divorce and custody action. 4. Said action in New Jersey resulted in an Order of Court, which included a provision on child custody. 5. Subsequently, Petitioner and the two children subject to the above-referenced New Jersey custody order moved to the Commonwealth of Pennsylvania. 6. On August 31, 2005, the Petitioner filed in the Cumberland County Prothonotary's Office pursuant to 23 Pa.C.S. § 5445(c) the New Jersey Court Order for the purposes of registering same. A certified true and correct copy of an Amended Dual Judgment of Divorce and Property Settlement Agreement attached, incorporated herein by reference, made a part hereto and marked as Exhibit "A." The purpose and effect of said filing was to register the Custody component of this foreign Custody Order in Pennsylvania. On August 31, 2005, said foreign Order was registered in Cumberland County. On September 9, 2005, the Law Office of Scaringi & Scaringi, P.C. served the same upon Shahan Islam via United States Mail, First class, Postage Prepaid and Certified, Restricted Delivery. 10. Shahan Islam acknowledged service. 11. Shahan Islam does not contest the registration of the Order in Cumberland County as evidenced by his letter dated October 31, 2005, faxed and received in the Law Office of Scaringi & Scaringi, P.C. on October 31, 2005. A true and correct copy of said letter is attached, incorporated herein by reference, made a part hereto and marked as Exhibit "B." 12. In order to confirm said registered Order, Petitioner has drafted a proposed Order that replicates the custody component of the registered Order. A true and correct copy of said Order is attached, incorporated herein by reference, made a part hereto and marked as Exhibit "C." 13. Petitioner believes a hearing is not necessary in the matter as Shahan Islam has concurred in Petitioner's request to register said Order. WHEREFORE, Petitioner requests this Honorable Court execute the proposed Order that is attached hereto and enter same upon the record. Date: Respectfully submitted SCA INGI & S ARINGI, P.C. By: Melanie L. Erb Attorney ID No. 84445 2000 Linglestown Road, Suite 103 Harrisburg PA 17110 (717) 657-7770 VERIFICATION I, MELODY D. DAVIS, verify that the statements made in the foregoing Petition to Confirm Registered Custody Order are true and correct. I understand that false statements made herein are subject to the penal ties of 18 Pa.C.S. §4904, relating to unswom falsification to authori- ties. ME ODY D. D S DATE CAS - qSDi NOTICE PURSUANT TO 23 Pa.C.S. §5445 (c), YOU ARE PROVIDED V7ITH THE FOLLOWING NOTICE: MELODY DAVIS IS FILING THE ATTACHED AMENDED DUAL JUDGMENT--OF DIVORCE AND PROPERTY SETTLEMENT AGREEMENT WITH THE CUMBEIFLAN COUNTY PENNSYLVANIA COURT OF COMMON PLEAS FOR THE PURPOS2'OF L m REGISTERING THIS ORDER IN CUMBERLAND COUNTY PENNSYLVANIA S TT c : RELATES TO CHILD CUSTODY. -r CJ = z A REGISTERED DETERMINATION IS ENFORCEABLE AS OF THE DATB-OF THE REGISTRATION IN THE SAME MANNER AS A DETERMINATION ISSUED?BY Ai COURT OF THIS COMMONWEALTH. W A HEARING TO CONTEST THE VALIDITY OF THE REGISTERED DETERMINATION MUST BE REQUESTED WITHIN 20 DAYS AFTER SERVICE OF NOTICE. FAILURE TO CONTEST THE REGISTRATION WILL RESULT IN CONFIRMATION OF THE CHILD CUSTODY DETERMINATION AND PRECLUDE FURTHER CONTEST OF THAT DETERMINATION WITH RESPECT TO ANY MATTER THAT COULD HAVE BEEN ASSERTED. 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 OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. MidPenn Legal Services Lawyers Referral Service Cumberland County Bar Association 213A North Front Street 100 South Street 2 Liberty Avenue Harrisburg, PA 17101 PO Box 186 Carlisle, Pennsylvania 1-800-932-0356 Harrisburg, PA 17108 717-249-3166 1-800-692-7375 TRUE IPY FROM RECORD 1.11 Tesiamony W,ars ", i hare unto" t mry ;s,:; and ble ., o'I ?, tar , At Gsr s , F . _ This_ ' QrOi G, C?a"iY Attorney ID 834 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 103 Harrisburg, PA 17110 717-657-7770 Attorney for Melody Davis EXHIBIT "A" STATEMENT OF NON-MODIFICATION I, DR. MELODY D. DAVIS, state that to the best of my knowledge and belief the foregoing custody order has not been modified with regard to custody in any manner. DR.-A/ELODY . DAVIS DATE I 0,0001/ LAURIE A. BERNSTEIN, ESQ. ?q 145 Eagle Rock Avenue RECEIVED/FILED 6J? Roseland, New Jersey 07068 ?a?f#\??? (973) 228-2100 1 fl' a ^R P 3 53 `' ®p Attorney for defendant, Melody T3. Davis SUPER';? CM U Gf I .-AI JERSEY SHAHAN ISLAM, C10UrS9UPzP119ZW_ T OF NEW JERSEY CHANCERY DIVISION-FAMILY PART PLAINTIFF, SOMERSET COUNTY DOCKET NO. FM-18-284-00 V. CIVIL ACTION MELODY D. DAVIS, AMENDED DUAL JUDGMENT OF DEFENDANT. DIVORCE THIS MATTER having come before the Court on March 13, 2001, the Honorable Paul W. Armstrong, J.S.C., presiding, and in the presence of Laurie A. Bernstein, Esq., counsel to the defendant, Melody Davis, and the plaintiff, Shahan Islam having been represented by his attorney, Michael Magaril, Esq., and both parties having reached an agreement on all issues and having placed such agreement on the record on March 13, 2001, and the Court having considered the Complaint and Counterclaim and the proofs thereon, and it appearing that the parties were married on January 29, 1983 and that there were two children born of the marriage, Ariel Islam born on May 2, 1993 and Zachary Islam, born on November 23, 1998 and both parties having pled and proven a cause of action for divorce and such case made and provided and plaintiff and defendant having been bona fide residents of the State of New Jersey for more than one year next preceding the commencement of this action and jurisdiction having been acquired over the parties 1 pursuant to the Rules of Court and it appearing that the parties hereto have entered into an agreement as to all issues, which agreement was placed upon the record in open Court on March 13, 2001 and which Property Settlement Agreement is attached hereto as J-1, and both parties having testified that they entered into said agreement knowingly and voluntarily and the Court having found as a fact that the parties had done so, and the Court further finding as a fact that the parties were represented by counsel, both parties having expressed satisfaction with the representations of their respective counsel, and the Court making no finding as to the adequacy or sufficiency of the provisions of the parties' agreement, the same having been arrived at by mutual consent and agreement by the parties, and the Court having executed a Final Judgment of Divorce on March 13, 2001 which dissolved the marriage between the parties and provided in pertinent part, that all other stipulations, adjudications and agreements made at trial shall be enforceable upon signing of an Amended Final Judgment of Divorce and for good cause shown; It is on this I}h day of k U J5? 2001; ORDERED and ADJUDGED that the Final Judgment of Divorce dated March 13, 2001 is hereby amended and supplemented to provide that the agreement of the parties, which was placed on the record on March 13, 2001 and is attached hereto as J-1 is hereby made a part of the Final Judgment of Divorce dated March 13, 2001 and shall not merge 2 with but shall survive the Judgment of Divorce. This Court specifically notes that it has not taken any testimony as to the terms of the Property Settlement Agreement and makes no judgment with respect thereto, except that the Court has determined that both parties have understood and voluntarily executed the Agreement and have accepted the terms thereof as fair and.equitable and it is furthered; ORDERED that the plaintiff dismisses Count 2 of his Amended Complaint with prejudice and defendant dismisses Counts 2, 3, and a of her Counterclaim with prejudice. I hereby consent to the form and entry of the above Order. i MICHAEL MA 'ARIL, Attorney for plai if Cadiz to be a True Cop? Arne .s Wachter-Clm:th By 3 PROPERTY SETTLEMENT Ar.RE?JR&YED/ EILED 2001 AUG 24 P 3: 53 , THIS AGREEMENT, made and executed the day and year set SUPERIOR COURT opposite the signatures of the partie&jU?.?1 d1 fRSET Melody Davis, residing at RR1, Box 435R, Liverpool, PA 17045 hereinafter referred to as the "WIFE"; and Shahan Islam residing at 24 Childsworth Avenue, Bernardsville, New Jersey hereinafter referred to as the "HUSBAND"; WITNESSETH: WHEREAS, the parties hereto were duly married to each other on the 29th day of January, 1983 in a religious ceremony in Mechanicsburg, Pennsylvania. WHEREAS, there were two children born of the marriage; to wit,,Ariel Islam, born on May 2, 1993 and Zachary Islam, born on November 23, 1998. WHEREAS, various disputes and unhappy differences have arisen between the HUSBAND AND WIFE, and WHEREAS, there have been no previous proceedings between the parties in any Court pertaining to the marital relationship, the dissolution thereof, or the support and maintenance of the HUSBAND, WIFE or the children; and WHEREAS the parties by this Agreement, voluntarily desire to settle and determine all of their legal rights and obligations to and for, and all questions relating to the disposition of their respective interests in all assets accumulated and/or acquired by them, or either of them, during 1 the marriage, the payment of obligations, if any, as provided herein, the support, maintenance and education of the children, custody of the children, parenting time, alimony, support and maintenance of the HUSBAND and the WIFE and the disposition and determination of all claims, rights, obligations and expectancies of the parties against each other; and WHEREAS, the parties are independently represented by counsel of their own choice and have deliberated upon and considered their respective interests and demands and have concluded that it is desirous and in the best interests of the parties and the children that the property and financial questions, issues and problems arising out of the marital relationship be set and determined; WHEREAS, the HUSBAND instituted a suit against the WIFE in the Superior Court of New Jersey, Chancery Division, Family Part, Somerset County, under Docket No.: FM-18-284-00, for Divorce and the WIFE filed an Answer and Counterclaim. WHEREAS., the parties have read this Agreement, and they fully understand the provisions, terms and conditions of this Agreement, they believe this Agreement to be reasonable, fair, equitable and just under the circumstances and they believe this Agreement to be in the best interests and welfare of each of the parties. They accept this Agreement freely and voluntarily. NOW, THEREFORE: 2 In consideration of the mutual promises, covenants and undertakings hereinafter set forth, the parties hereto, for themselves, their heirs, executors and administrators, mutually agree as follows; SEPARATION 1. It shall be lawful for each party at all times to live separate and apart from the other at such place or places as he or she may from time to time choose to deem fit. Both parties agree to respect the privacy of the other and to lead their lives as though they were not married. Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were not married. Neither party shall harass or disparage each other or the other's family members in the presence of the children: MERGER OF PRIOR AGREEMENTS 2. The parties agree that, upon execution of this Agreement by and between them, the terms and conditions of any and all prior agreements shall merge into this Agreement, and any and all prior agreements shall be deemed cancelled, null and void and of no further force and effect. ASSUMPTIONS 3. The parties understand and acknowledge that the within Agreement and the alimony and child support figures arrived at herein, were based in part, upon certain assumptions, to wit: 1) that the HUSBAND is presently earning s gross annual income of $200,000 and is capable of earning a 3 gross annual income of $200,000; (2) that the WIFE is full- time caretaker of the minor children, is anticipating completion of her Ph.D. and will be seeking employment in a teaching capacity. She anticipates that her earning capacity V L'? u!'CX3 <v7l7Uei ie'7 -r''r!E C ?? will be $35,000 upon completion of her Ph.D. and entry into the work force. A gross annual income of $35,000 has been imputed to the WIFE now, for purposes of calculating a child support and alimony award as set forth in this Agreement. The WIFE testified that her Amended Case Information Statement dated February 20, 2001 accurately reflected the lifestyle that the parties led during the marriage. The HUSBAND testified that his Amended Case Information Statement dated February 28, 2001 accurately reflected the lifestyle that the parties led during the marriage and he further testified that to the extent there were any discrepancies between his Case Information Statement (CIS) and the WIFE's Case Information Statement (CIS), that his CIS was correct. The WIFE testified that with the alimony she is receiving from the HUSBAND-as well as the monies she can earn based upon her earning capacity, that she could not maintain herself in a lifestyle reasonably commensurate with that which she led during the marriage, however, she was willing to accept the terms of the Agreement. The HUSBAND testified that he was unsure as to whether both the HUSBAND and the WIFE would be able to maintain lifestyles comparable to that enjoyed by each of them during the marriage under the terms of the Agreement, however, 4 f y' he was willing to accept the terms of the Agreement. CUSTODY AND PARENTING TIME 4. The HUSBAND and the WIFE shall have joint legal custody of the two minor children of the marriage with the WIFE designated as primary residential custodian of the two minor children of the marriage. 5. In implementing joint legal custody of the children, the parents agree that on all matters of relative importance relating to the health, education and welfare of the children, they will confer with each other, with a view to adopt and follow those policies which are in the best interests of the children. 6. The parties respectively shall promptly notify each other of illness and other matters or problems affecting the children, when the children are in his or her care. 7. The parties mutually agree that neither party shall leave the country with either child, without first receiving written consent from the other party, which consent shall not be unreasonably withheld. Both parties must consent in writing prior to the issuance of a passport for the children. 8. The parties shall have the following holiday parenting time with the two minor children: a) THE WIFE: During even years- New Year's Eve, Easter, Fourth of July, Halloween, Christmas Day; children's birthdays. 5 During odd years- New Year's Day, Memorial Day, Labor Day, Thanksgiving, Christmas Eve day. b) THE HUSBAND: During even years- New Year's Day, Memorial Day, Labor Day, Thanksgiving, Christmas Eve Day. During odd years- New Year's Eve, Easter, Fourth of July, Halloween, Christmas Day, children's birthdays. 9. In addition, the children will be with the HUSBAND on Father's Day each year and on the HUSBAND's birthday and with the WIFE on Mother's Day each year and on the WIFE's birthday. The party who does not have the child on the child's birthday, shall have their pick of an additional day either before or after the child's birthday for a separate celebration. 10. The HUSBAND shall have regular parenting time with the minor children as follows: Alternating weekends from Friday night 7:00 p.m. to Sunday night 7:00 p.m.. The pick up and drop off point will be the Trexlertown-Fogelsville exit on Interstate Highway 78 in Pennsylvania. 11. The parties recognize that due to the geographical distance between the parties' residences, their work demands and weather concerns, the parties agree to be flexible and cooperate with each other in the event modifications must be made to the parenting time schedule.. 12. Additionally, the HUSBAND will have two non- consecutive weeks extended parenting time with the minor child, Ariel Islam, which shall take place: one week during 6 I- the child's summer vacation and the other week during Christmas break. The HUSBAND shall notify the WIFE as to his choice of weeks for extended summer parenting time 60 days in advance of the anticipated visitation. In the event of a conflict in the scheduled summer vacation visitation dates, the parties shall confer and attempt to resolve the matter. If the parties have conferred and cannot resolve the vacation issue, the party who first provided notice shall prevail. Both parties recognize and agree that they are obligated to provide the other with an address and telephone number where the children may be contacted during any extended parenting time, prior to the commencement of the visitation. The HUSBAND shall commence extended parenting time with Zachary when Zachary is four years old. CHILD SUPPORT 13. Commencing March 13, 2001, the HUSBAND shall pay to the WIFE as and for the support and maintenance of Ariel and Zachary Islam, the two unemancipated children of the marriage,, the sum of $360.00 per week, which payments shall be made through the Probation Department of the County where the HUSBAND resides via income execution. The parties shall contribute towards the day camp expenses, sleep away camp expenses, computer, car and/or any other extraordinary expenses incurred on behalf of the minor children with the HUSBAND being responsible for 70% of the cost and the WIFE being responsible for 300 of the cost. However, both parties 7 shall mutually agree upon the choice of day camp, sleep away camp and such other extraordinary expenses incurred on behalf of the minor children and neither party shall unreasonably withhold his or her consent. 14_ The aforesaid child support for the minor children shal t l be eliminated upon each child becoming emancipated. An emancipation event shall occur or be deemed to have occurred on the earliest happening of the following events. The term "emancipated" shall be defined for the purposes of this Agreement as follows: A. The completion of higher education by the child up to and including receipt of an undergraduate degree, vocational or business /technical school diploma so long as the child is diligently pursuing his/her formal education on a continuous basis; B. Marriage of the child, regardless of the child's educational status or age (even though such marriage may be void or voidable and despite any annulment thereof); C. Entry into the armed forces of the United States or any other army (provided that the emancipation event shall be deemed terminated and nullified upon discharge from such forces and thereafter the event period shall be applicable as if such emancipation event by reason of said entry had not occurred); D. Permanent residence away from the residence of the WIFE; however, a residence at boarding school, camp or 8 1 college, is not to be deemed a residence away from the WIFE sufficient to constitute emancipation. E. Death of the child or HUSBAND, however, nothing contained in this Agreement shall be deemed to relieve the HUSBAND's estate of any obligations for child support incurred by the HUSBAND under this Agreement prior to the HUSBAND's death; F. Full-time employment or the ability to engage in full- time employment after the child attains the age of eighteen (18) except that, engaging by the child in full-time employment during vacations, school recesses and summer periods shall not be deemed emancipation; G: Notwithstanding anything contained in the subparagraphs above, an emancipation event shall be deemed deferred beyond the- twenty-first (21st) birthday of the child only if, and so long as, the child pursues his/her formal education pursuant to the paragraphs herein with reasonable diligence, and on a normally continuous basis, and in no event beyond the twenty-third (23rd) birthday of the child, unless the delay is caused by injury or illness of the child. COLLEGE EDUCATION COSTS 1S. Both the HUSBAND and the WIFE acknowledge that the children are likely to attend college. The parties agree to consult with a view towards adopting a harmonious policy concerning the college education of the child. The children shall have an obligation to apply for financial aid in the 9 i form of loans, grants, and scholarships to help defray college expenses. Expenses shall be defined to include tuition, room, board, registration fees, uniforms, required books and laboratory materials, student and other fees billed directly by the education institution, application fees for college, costs of sending high school transcripts to each college. Transportation costs associated with round trips per year between the children's residence and the college and preparatory or tutorial courses in connection with (eg. SAT courses) shall be considered extraordinary expenses pursuant to the child support provisions of this Agreement. 16. The parties shall each be responsible to contribute to the cost of their children's college education and associated expenses, proportionately with respect to their respective financial abilities (in consideration of income and assets) at the time of such college attendance after exhaustion of grants, scholarships, and student loans. HEALTH BENEFITS FOR THE PARTIES AND MINOR CHILDREN 17. The parties shall each be responsible for procuring, maintaining and paying the premiums for their own health and dental insurance coverage, free from contribution of the other party, and for payment of any and all unreimbursed expenses, each of them may incur of whatever type or nature, including, but not limited to hospital, medical, dental, pharmaceutical, optical, psychiatric, psychological, orthodontic, and any other expenses, past, present and future. 10 Each party hereby waives and releases any and all rights and claims against the other for same, whatsoever, past, present and future. The HUSBAND shall cooperate with the WIFE, in executing and providing to her any and all documents necessary to enable the WIFE to receive continuing medical, dental and pharmaceutical benefits through his employer's COBRA plan. The WIFE shall be exclusively responsible for payment for her own COBRA benefits, if she chooses to continue coverage through the HUSBAND's COBRA plan. 18. The HUSBAND shall continue to maintain and pay the premiums for health and dental insurance coverage for the minor children which shall cover the children in Pennsylvania. The WIFE shall make every effort to utilize participating providers. If the WIFE selects a health care provider who is not "in network" or if such provider is not available ,in network," the WIFE shall obtain the HUSBAND's consent, which consent shall not be unreasonably withheld or delayed. The HUSBAND and WIFE shall pay the unreimbursed medical, dental, hospital, pharmaceutical, eye care, ophthalmological, orthodontic, psychiatric, psychological, counselling and any other health related expenses, of whatever type or nature, incurred by the parties on behalf of the minor children, with the WIFE paying 30e and the HUSBAND paying 700 of the unreimbursed expenses. If the children are covered under the WIFE's health insurance policy with the consent of the HUSBAND, the HUSBAND shall pay for the premiums for the 11 children's share of the health insurance coverage directly to the WIFE. LIFE INSURANCE 19. The HUSBAND shall maintain and pay the premiums on a $1.25 million life insurance policy on his life. The policy shall be privately held through Hartford Life Insurance Company, or another insurance carrier, and shall not be employment related. The WIFE shall be designated by the HUSBAND as irrevocable beneficiary of said policy in the amount of $750,000 to secure her receipt of alimony. The HUSBAND shall name the two minor children as equal irrevocable beneficiaries in the amount of $500,000 under this same policy and designate the WIFE as trustee for the children. The HUSBAND shall not borrow against said policy or pledge or hypothecate the policy in any way. The HUSBAND shall not assign the insurance policy set forth above to anyone, and no one shall have the right to borrow against same or surrender such policies for cash value, if any. The HUSBAND shall provide proof of coverage in conformance with this Agreement to the WIFE, within thirty days and on an annual basis. He shall further sign a Release authorizing the WIFE to be informed directly by the insurance company with respect to the status of said insurance policy and the payment of said premiums, however this shall not alleviate the HUSBAND from providing proof of the existence of coverage in conformity with the Agreement. The HUSBAND shall execute such forms, 12 r instruments, documents as may be required so that the WIFE may obtain such information from the insurance company, directly. 20. The parties understand and acknowledge that it is their responsibility and not the responsibility of their attorneys, to obtain proof on an on-going basis, as to the existence and maintenance of life insurance coverage as mandated by this Agreement. 21. The WIFE waives and releases any claim she may have by way of equitable distribution for 50% of the cash surrender value of the Hartford Life Insurance policy, which cash surrender value is estimated at $8,500. LONG TERM DISABILITY INSURANCE POLICY 22. The parties understand and acknowledge that the HUSBAND shall maintain a private long term disability policy, which coverage is commensurate with his present $200,000 income level. He shall name the WIFE as survivor beneficiary under that policy. The HUSBAND shall not borrow against said policy or pledge or hypothecate the policy in any way. The HUSBAND shall not assign the insurance policy set forth above to anyone, and no one shall have the right to borrow against same or surrender these policies for cash value, if any. The HUSBAND shall produce proof of coverage in conformance with this Agreement to the WIFE, within thirty days and on an annual basis. He shall further sign a Release authorizing the WIFE to be informed directly by the insurance company with respect to the status of said insurance policy and the payment 13 of said premiums, however this shall not alleviate the HUSBAND from providing proof of the existence of coverage in conformity with the Agreement. The HUSBAND shall execute such forms, instruments, documents as may be required so that the WIFE may obtain such information from the insurance company, directly. 23. The parties understand and acknowledge that it is their responsibility and not the responsibility of their attorneys, to obtain proof on an on-going basis, as to the existence and maintenance of long term disability coverage as mandated by this Agreement. ALIMONY 24. Reference is made to paragraph 3 under the heading, Assumptions, which is incorporated herein by reference. The assumptions stated in paragraph 3 are factors considered in arriving at the alimony and child support awards as set forth in this Agreement. For the mutual covenants and promises contained herein, commencing March 13, 2001, the WIFE shall receive permanent alimony, maintenance and support from the HUSBAND in the amount of $1,019.23 per week which shall be paid through the probation department of the County where the HUSBAND resides, via income execution. In arriving at this sum, the parties have considered, among other things, all of the facts recited in paragraph 3 above. It is understood and agreed by the parties that the HUSBAND's obligation to pay alimony shall terminate forever and he shall be forever 14 released from the obligations thereof upon the occurrence of one or more of the following: A. Death of the WIFE; B. Remarriage of the WIFE; C. Death of the HUSBAND. However, nothing contained in this Agreement shall be deemed to relieve the HUSBAND's estate of any obligations incurred under this Agreement by the HUSBAND and vested with the WIFE prior to the HUSBAND's death. Thus, any alimony that shall be due as of the date of death shall continue to be payable, although there shall be no obligation to make payments for any time period after the date of the HUSBAND's death. 25. It is the intention of the parties that the alimony payments made by the HUSBAND to the WIFE as set forth in this Agreement shall be included in the WIFE's gross income and taxable to the WIFE and shall be deductible to the HUSBAND under the applicable provisions of the Internal Revenue Code and this Agreement is made in reliance thereon. EQUITABLE DISTRIBUTION 26. The parties to this Agreement have acquired both real and personal property during their marriage and have agreed upon an equitable division between them, to their mutual benefit and satisfaction, of all property acquired individually and jointly during the marriage. The assets listed below will be distributed by way of direct transfers, rollovers or Qualified Domestic Relations orders in the case 15 of qualified plans. The fees and costs associated with the preparation of the QDROS will be equally divided between the parties. The Court shall retain jurisdiction to amend the Qualified Domestic Relations Orders to establish and to maintain their qualification as Qualified Domestic Relations Orders. The parties agree to execute and consent to the form and entry of any additional orders or amended orders which may be necessary to qualify the Order(s) as a Qualified Domestic Relations Order. All shares of stock that the parties have held and which are considered marital will be divided equally such that the cost basis of all shares will be equally apportioned. A. REAL PROPERTY- BERNARDSVILLE, NEW JERSEY HOME 27. The parties have recently sold the marital residence located at 24 Childsworth Avenue, Bernardsville, New Jersey, which was held by the parties as tenants by the entireties, for the sum of $565,000 (with credit for repairs) There was a first mortgage balance with North American Mortgage Company of approximately $273,000 and a home equity loan with Peapack-Gladstone Bank with an approximate balance ?"?UtlUof $694 The parties represent that there are no mortgages on the marital residence, except the first mortgage and home equity loan referred to above, and that there are no judgments or liens on the property, and that this Agreement is made in reliance thereon. The HUSBAND and WIFE each represent and warrant to the other that he or she has not and will not cause 16 any liens or encumbrances of any kind to be placed upon the marital residence. If the HUSBAND or the WIFE places or causes to be placed any such liens, encumbrances or judgments on the property, it will be the responsible party's sole obligation to cause same to be removed prior to closing, and if the party who is not responsible for said lien, encumbrance or judgment is called upon to make any payments or contribution towards same, the responsible party shall indemnify and hold the other harmless from any obligation thereon. 28. The parties have entered into a separate contract which is in the possession of their real estate attorney, Robert Van Rensselaer, Esq., which provides for certain credits between the parties, relative to the closing on the marital residence. Except as specifically set forth in this Agreement and the separate contract retained by Mr. Van Rensselaer, it is the parties' intention to share equally the net proceeds from the sale of the marital home. The net proceeds shall be defined as that amount remaining after deduction of the balance due and owing on the mortgage, home equity loan, normal closing costs, including attorneys' fees and brokerage fees, and monies advanced by the Wife to Environmental Excavating Co.. Past due mortgage and home equity loan payments, if any, including penalties and interest shall be the HUSBAND's obligation, as he is obligated to pay the mortgage and home equity loan on a timely basis until closing. 17 29. Until the closing, the HUSBAND is responsible for and shall pay for the monthly mortgage payments, monthly home equity loan, water and sewer, taxes, utilities, PSE a G, telephone bills, costs of repairs, maintenance, and any other customary and ordinary expenses and such other expenses necessary to close on the property as directed in the June 9, 2000 pendente lite order executed by the Honorable Marilyn Rhynne Herr and any amounts past due for these expenses to the date of closing, including late fees, penalties and interest. 30. The proceeds from the sale of the marital residence shall be distributed as follows: From the net proceeds before distribution to the parties, the parties' 1999 and 2000 income tax liability must be paid, which expense shall be borne equally by the parties. If there is no determination made as to the actual amount of taxes due for the tax year 2000 at the time of closing, the parties' real estate attorney or the WIFE's attorney, shall hold an estimated sum in his/her escrow account, which sum is agreeable to both parties, pending notification as to the actual amount due and owing. If there is a short fall held in escrow, the parties shall both contribute equally to the difference. 31. The parties mutually understand and acknowledge that the HUSBAND will pay off the entirety of the balance existing on the parties' American Express credit card in the approximate amount of $13,000 from his share of the net proceeds at the time of closing and provide verification of 18 same to the WIFE. The HUSBAND shall indemnify and hold the WIFE harmless with respect to that obligation. The HUSBAND shall also pay the sum of $1,350.00 to the WIFE's attorney from his share of the net proceeds at closing. B REAL PROPERTY- LIVERPOOL, PENNSYLVANIA HOME 32. With reference to the Liverpool, Pennsylvania home, the home has been appraised at $80,000 and has no mortgage. The parties each have a 50- interest in the property. The HUSBAND shall convey all of his right, title, claim and interest in` and to this property by Bargain and Sale Deed with Covenants Against Grantor's Acts and shall sign an Affidavit of Title, Affidavit of Consideration and such other documents necessary to transfer all of his interest to the WIFE. In exchange for the transfer of all of his right, title, claim and interest in and to the marital residence to the WIFE, the WIFE shall pay to the HUSBAND the sum of $20,000.00, in the manner and under the conditions as set forth herein. This $20,000.00 was arrived at by taking into consideration the HUSBAND's 50% equity in the marital residence and crediting the WIFE with an additional 25o interest in the property, as and for additional equitable distribution. The HUSBAND and WIFE each represent that there are no liens, judgments or encumbrances of any kind on the property and that there are no mortgages on the property. Each further represents that he or she will not cause to be placed any liens, judgments, mortgages or other encumbrances upon the property. If either 19 party places or causes to be placed any liens, judgments or encumbrances on the property, it will be his or her sole obligation to cause same to be removed prior to closing and each shall indemnify and hold the other harmless from any obligation thereon. 33. The HUSBAND shall convey good and marketable title to the WIFE. The HUSBAND agrees to cooperate in executing any and all documents in order to effectuate the transference of his entire interest in the marital residence to the WIFE. Simultaneously with his transfer of his interest in the property to the WIFE, she shall pay the HUSBAND $20,000 by bank check, certified check or attorney escrow check. 34. The parties understand and acknowledge that they may be liable in the future for taxes due to the sale of the marital residence and/or the Liverpool property. Each of the parties shall be responsible for his or her own taxes, if any, without contribution from the other party, resulting from the sale of his or her interest in their properties. The parties are encouraged to seek expert advice from an accountant or tax specialist regarding issues of potential tax liability and reinvestment. PERSONAL PROPERTY 35. The personal property located in the Bernardsville home and in the Liverpool, Pennsylvania home, has been distributed between the parties and, except as specifically provided herein, each party shall be entitled to retain all 20 personal property and effects presently maintained by that party as his or her own separate property, free and clear from any right, title, claim or interest of the other and each shall have the right to deal with and dispose of his or her property, as fully and effectively as if the parties had never been married and each party waives and relinquishes his or her rights to the other's property. The parties agree to and do hereby relinquish all right, title and interest therein that he or she may have to the other's personal property, except as set forth in this Agreement. INCOME TAXES 36. Commencing with the tax year 2001, the parties shall file separate Federal, State and Local income tax returns, and each party shall be fully responsible for the payment of his or her own debt and tax liability and may retain any refund to which he or she may be entitled. The HUSBAND represents and warrants to the WIFE and the WIFE represents and warrants to the HUSBAND that they have heretofore duly paid all income taxes due on their joint returns except for the tax years 1999 and 2000, which taxes shall paid by the parties equally utilizing the net proceeds from the sale of the Bernardsville residence, at closing. Should there be any refund, the parties will equally share in the refund. If there is a deficiency and/or refund in connection with any joint return heretofore filed prior to the tax year 1999, such deficiency shall be shared by the parties proportionately with respect to their 21 incomes and any refund shall be paid to the parties proportionately with respect to their, incomes. The parties shall indemnify and hold each other harmless from any liability, including, but not limited to, taxes, penalties, interest, fees and assessments, which are incurred as a result of one party's failure to either legally and truthfully declare or report income (understatement) or legally and truthfully claim exemptions, credits, expenses, deductions (overstatement) or both, in which case the party responsible for such understatement or overstatement, or both, as defined above, shall be solely responsible to satisfy such liabilities. RETIREMENT FUNDS, PENSIONS, IRAS, ETC. A. The Penn Mutual Life Insurance Company IRA 37. The HUSBAND represents that he has maintains an IRA with The Penn Mutual Life Insurance Company, contract number 8033306, in the name of Shahan Islam, in the approximate amount of $204,000. The funds in this IRA were rolled over from a profit-sharing plan/401k with his former employers, Anderson Kill and Friedman Siegelbaum. It is the intent of the parties to equally divide the HUSBAND's IRA account. Since no contributions were made towards the IRA after the filing date of the Divorce Complaint, the WIFE shall be transferred 500 of the total account balance in the HUSBAND's IRA account, as of the date the WIFE's portion of the IRA is transferred to her. In determining the initial amount allocated to the WIFE. the 22 I amount due to the WIFE shall be charged proportionately against each fund then held within the HUSBAND's account. The WIFE will advise Penn Mutual Life Insurance Company as to where her share of the funds are to be transferred. Penn Mutual Life Insurance Company is directed to comply with the terms of this Agreement. 38. The shares of stock, mutual funds, and other investments held in each of the accounts shall be divided equally between the parties, such that the cost basis of all shares will be equally apportioned, so that each party shall receive the exact amount of assets with the exact same tax cost basis. The parties have agreed to divide this account equally in kind, the purpose of which, so that each party will have the same taxable basis and the same potential tax consequence in the event of sale or transfer of those assets. Should a Qualified Domestic Relations order be required to transfer the WIFE's interest in this account to her, the parties will cooperate in signing any and all necessary documents to provide the WIFE with her 50% interest. Should a Qualified Domestic Relations Order be required, the Order shall be prepared by William Troyan, Inc. and the parties will equally share in the cost. B. Vanguard IRA 39. The parties acknowledge that the HUSBAND maintains an IRA with Vanguard consisting of funds rolled over from the HUSBAND's Anderson Kill pension. It is the intent of the 23 I parties to equally divide the HUSBAND's IRA account. Since no contributions were made towards the IRA after the filing date of the Divorce Complaint, the WIFE shall be transferred 500 of the total account balance in the HUSBAND's IRA account, as of the date the WIFE's portion of the IRA is transferred to her. In determining the initial amounts allocated to the WIFE, the. amounts due to the WIFE shall be charged proportionately against each fund then held within the HUSBAND's accounts. The WIFE will advise Vanguard was to where her share of the account is to be transferred. Vanguard is directed to comply with this Order. 40. The shares of stock, mutual funds, and other investments held in each of the accounts shall be divided equally between the parties, such that the cost basis of all shares will be equally apportioned, so that each party shall receive the exact amount of assets with the exact same tax cost basis. The parties have agreed to divide this account equally in kind, the purpose of which is so that each party will have the same taxable basis and the same potential tax consequence in the event of sale or transfer of those assets. Should a Qualified Domestic Relations order be required to transfer the WIFE's interest in this account to her, the parties will. cooperate in signing any and all necessary documents to provide the WIFE with her 50o interest. Should a Qualified Domestic Relations order be required, the Order shall be prepared by William,Troyan, Inc. and the parties will 24 equally share in the cost. C. Friedman Siegelbaum Money Purchase Plan 41. The HUSBAND is a participant in a Friedman Siegelbaum Money Purchase Plan managed by Sanford C. Bernstein & Cc. Inc. The parties agree that it is their desire to equally divide the entirety of the HUSBAND's interest in this plan. The HUSBAND will buy-out the WIFE's interest in the plan, by providing her with a credit for 1/2 of the balance of the account existing on the date of closing on the Liverpool property. This sum will thereafter be deducted from the sums payable to the HUSBAND by the WIFE as a buy-out for his interest in and to the Liverpool residence. Once the buy-out has occurred, the WIFE will waive any right, title, claim or interest in and to the HUSBAND's Friedman Siegelbaum Purchase Money Plan and it shall be the sole and exclusive property of the HUSBAND. 42. Any loans which the HUSBAND may have outstanding against his pension, purchase money plan, profit-sharing, 401k or other plans, shall be repaid from the HUSBAND's respective interest in the plan without any contribution from the WIFE. AUTOMOBILES 43. Each party shall retain the vehicle(s) which is/are presently in his or her possession free and clear of the rights and interests of the other party. The WIFE may retain her Ford Bronco and the HUSBAND may retain his Toyota Avalon 25 vehicle and each party waives any right, title, claim or interest to the other's motor vehicle. The parties shall immediately transfer title to the other's vehicle, if necessary and shall cooperate in signing all documentation necessary to effectuate a transfer of title from that individual to the other. Each party shall be solely responsible for the upkeep, maintenance, insurance as well as any encumbrances or liabilities for the vehicle(s) in his or her possession, and each agrees to hold the other harmless and free from any liabilities respecting same. The WIFE waives any claim against the HUSBAND for a credit towards the disparate value of the parties' respective automobiles. BANK ACCOUNTS 44. other than as specifically set forth in this Agreement, the WIFE may retain for her use and ownership any and all accounts, including, but not limited to, checking, savings accounts and any other accounts of any type or nature established by her in_her own name and the HUSBAND waives and relinquishes any right, title, claim or interest he may have in such accounts. 45. other than as specifically set forth in this Agreement, the HUSBAND may retain for his use and ownership any and all accounts, including but not limited to, checking, savings accounts and any other accounts of any type or nature established by him in his own name and the WIFE waives and relinquishes any right, title, claim or interest 26 she may have in such accounts. OTHER PERSONAL PROPERTY 46. The parties acknowledge that they have previously distributed between them, all items of personal property and personal effects, except as set forth in this Agreement. The parties shall each have exclusive possession, ownership and control of all items of personal property presently in their possession and/or located in each of their residences, and all household goods and effects shall constitute the sole property of the party maintaining same, except as set forth in this Agreement. The parties agree to and do hereby relinquish all rights, and interest that he or she may have to the other's personal property, except as set forth in this Agreement or by amendment to this Agreement. DEBT ALLOCATION 47. The parties represent that they maintain no joint charge accounts, except for the American Express card with a balance of approximately $13,000.00. The balance on the American Express card shall be paid in full at the time of the closing on the Bernardsville residence by the HUSBAND from his share of the net proceeds without any contribution from the WIFE and he shall indemnify and hold the WIFE harmless from any obligation thereon. Other than the American Express card, each party shall be responsible for his or her own credit card debts and shall indemnify and hold harmless the other party from any liability thereon. 27 48. Each party represents that all joint marital debts have been paid in full, except for the balance on the first mortgage on the marital residence, the home equity loan, the American Express bill with a balance of approximately $13,000 as referenced above and the parties' personal income taxes for the tax years 1999 and 2000. Except as specifically set forth herein, the parties represent and warrant to each other that they have not incurred any debts or obligations for which the other party may be liable. If either party has incurred such debt or obligation, he or she shall be solely responsible for same. If the other party is called upon to make any payment or contribution towards same or to any debt for which the other party is responsible, the responsible party shall indemnify and hold the other party harmless from any obligation thereon. Except as specifically set forth in this Agreement, each party shall be solely and exclusively responsible for any and all debts incurred by that party in his or her own name, and shall indemnify and hold the other party harmless thereon. 49. Any loans, debts, taxes, or other expenses which the HUSBAND may owe to or on behalf of Tina Staub and/or "The Pie Lady," shall be the sole and exclusive obligation of the HUSBAND, free and clear of any contribution on the part of the WIFE. COUNSEL FEES 50. Pursuant to prior Orders of the Court, the HUSBAND shall, pay to the WIFE'S attorney, Laurie A. Bernstein, Esq., 28 X 41? tl-) r?c7e c? yhe UeC is o7/ 117-5 G?CCu, n2n? `!•?e /r? ` .SagE the sum of $1,350.00 which shall be paid at the time of the closing of the sale of the Bernardsville residence from the HUSBAND'S share of the net proceeds. Other than the $1,350.00 fee as stated herein, the HUSBAND and WIFE agree that each shall be responsible for his or her own counsel fees and costs incurred in connection with the negotiation, preparation, and execution of this Property Settlement Agreement, as well as matters incident to the dissolution of the marriage between them. DEPENDENCY EXEMPTION 51. it is agreed by and between the parties that they will each take one child as a dependency exemption on his or her separate tax returns, with the WIFE taking Zachary and the HUSBAND taking Ariel. When Ariel is emancipated, the parties will alternate taking. Zachary as a dependency exemption on their Federal, State and Local Income Tax Returns. The parties shall cooperate in signing any declaration or documents required by the United States Treasury,. the Internal Revenue Service or any other entity or agency to implement this intention. CONFIDENTIALITY ORDER WITH REFERENCE TO THE WIFE'S MANUSCRIPT 52. The HUSBAND, his agents, servants, employees, attorneys and all persons in active concert or participation with the HUSBAND are restrained from directly or indirectly, copying, printing, reprinting, publishing, vending, distributing, selling, displaying, promoting or advertising 29 any copy of the manuscripts of the WIFE or by causing and/or participating in such copying, printing, reprinting, publishing, vending, distributing, displaying, selling, promoting or advertising. The HUSBAND shall immediately produce and turn over to the WIFE any and all copies of the manuscripts which are in his possession and/or control and/or the control of his agents, servants and/or employees, which are identical to, similar to or are a colorable imitation of the manuscripts of the WIFE. The HUSBAND shall keep confidential and shall not disclose either verbally or in writing any portion of the manuscripts of the WIFE. The HUSBAND shall advise any individuals with whom he has discussed the manuscripts or have reviewed the manuscripts, that a Protective order exists restraining them from discussing or disclosing either verbally or in writing, the content of the WIFE's manuscripts and those individuals shall sign a writing stating that they understand that the content of the WIFE's manuscripts are confidential and that they are restrained from revealing the content of said manuscripts to anyone. Said statements shall be produced to the WIFE's counsel within thirty days of the date of this order. PERSONAL INJURY SETTLEMENT 53. The parties acknowledge that they have settled their personal injury case in the matter of Melody Davis and Shahan Islam, her husband v. John McFail v. Shahan Islam, G.D. No.: 96-01440, in the Court of Common Pleas, Lebanon County, 30 Pennsylvania, for the net sum of $22,500. The parties have mutually agreed that the WIFE shall receive 2/3 of that recovery and the HUSBAND shall receive 1/3 of that recovery. Richard Wagner, Esq., counsel to the HUSBAND and WIFE is directed to distribute the proceeds in this manner. ENTIRE UNDERSTANDING 54. This Agreement contains the entire understanding of the HUSBAND and WIFE, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. MUTUAL RELEASE 55. Except as otherwise expressly provided in this Agreement, the Husband releases the WIFE, and the WIFE releases the HUSBAND from all rights to any other, past, present or future assets or claims in which each had, has, or may have had an interest, including, but not limited to the inchoate rights of dower and curtesy, any rights to inherit from the other under the laws of intestacy on to elect against the will of the other. 53. Except as otherwise expressly provided in this Agreement, the parties shall and do hereby mutually release, remise and forever discharge each other from any and all suits, actions, debts, claims, demands and obligations whatso- ever, both in law and in equity, that either of them ever had, now has, or may hereafter have against the other upon or by reason of any matter, cause or things, up to the date of the 31 execution of this Agreement, except any cause of action to enforce the terms and conditions of this Agreement and a cause of action for divorce. INDEPENDENT COUNSEL 56. The HUSBAND and WIFE respectively acknowledge that each has had independent legal advice by counsel of his and her selection, the Wife by Laurie A. Bernstein, Esq. and the Husband by Michael Magaril, Esq., that each has been fully informed as to his or her legal rights and obligations, and that having had such prior advice and knowledge, each is executing this Agreement freely, knowingly and voluntarily, and that both parties recognize that under all of the circumstances, the agreement is fair and reasonable. MODIFICATION AND WAIVER 57. A modification or waiver of any provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. In the absence of any writings as hereinabove mentioned, it is 'agreed and understood between the parties that the terms of this Agr- eement and the modification of those terms shall be consistent with the law of the State. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any sub- sequent default of the same or similar nature. This agreement shall continue in full force and effect until or unless the same shall be modified either by an Order of the Superior 32 Court of New Jersey or by a subsequent written agreement duly signed by the parties. ADDITIONAL DOCUMENTS 58. The HUSBAND and the WIFE, shall from time to time, at the request of the other, execute, acknowledge and deliver to the other such other and further instruments which are or may be reasonably necessary, desirable or required to give full force and effect to the intent, purpose and provisions of this Agreement. SEPARATE PROPERTY 59. All property, real and personal and monies received and retained by the parties pursuant hereto, shall be the separate property of the respective parties free and clear from any right, interest or claim of the other, and each shall have the right to deal with and dispose of his or her proper- ty, both real and personal, now owned or hereafter required, as fully and effectively as if the parties have never been married. GENERAL PROVISIONS 60. The HUSBAND and the WIFE agree that this Agreement is in full and complete satisfaction of any and all claims which each may have against the other including each one's respective rights to equitable distribution under N.J.S.A. 2A:34-23. Both the HUSBAND and the WIFE mutually acknowledge and represent this Agreement constitutes a full, fair and final disposition of all real and personal property 33 acquired by them during the marriage. Each party. warrants to the other his or her respective satisfaction with the quantum and manner of such equitable distribution and support. The Husband and Wife expressly intend that this Agreement become effective upon the date of its execution by both parties, such that should the parties execute this Agreement on different dates, the Agreement will become binding upon the parties that date that the last party has signed same. SURVIVORSHIP 61. This Agreement shall inure to the benefit of the parties, their heirs and assigns forever and shall be binding upon said parties, their heirs and assigns forever. INVALIDITY AND SEVERABILITY 62. If any provision of this Agreement is held to be invalid or unenforceable under the laws of this or any other State or jurisdiction, the remaining provisions hereof shall nevertheless continue in full force and effect. GOVERNING LAW 63. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey existing at the time this Agreement was entered into INCORPORATION INTO DIVORCE DECREE 64. The parties agree to petition the Court to incorporate this Agreement in any Judgment of Divorce which may be rendered but said Agreement shall not merge into but shall survive said judgment. The parties do further agree 34 that the terms and provisions of this Agreement shall be incorporated in any decree or judgment obtained in any matrimonial proceeding between the parties and shall become a part of said decree. Notwithstanding such incorporation, this Agreement shall not be merged in the decree but shall survive the same and shall be binding and conclusive upon the parties. DISCOVERY 65. The HUSBAND and the WIFE acknowledge that the Agreement has been negotiated by the parties, the HUSBAND represented by Michael Magaril, Esq. and the WIFE having been represented by Laurie Ann Bernstein, Esq. The parties acknowledge that they each have had a right to investigate the income and assets of the other, and are aware that neither party has deposed the other. The parties each of them have expressly acknowledged that they are willing to enter into this Agreement pursuant to its terms and based upon the information provided to each other through Case Information Statements, document production and interrogatories. Each party wishes to enter into this Agreement feeling that he/she is sufficiently cognizant of the income and assets of the other, and that each party is willing to proceed as hereinabove set forth. NOTICES 66. Each party shall keep the other party informed of his/her post office address and place of residence so to effect the terms herein. 35 HEADINGS 67. The Headings of several subdivisions and paragraphs of this Agreement are inserted solely for the convenience of reference and shall have no further meaning force or effect. WHEREOF, the parties hereunto set their hand and seals the day and year below their respective signatures. Signed, sealed and delivered in the erg ? MELODY DA DATED: 3U,zoo/ D SHAHAN ISLAM DATED: MICH. MELODY DAVIS DATED: STATE OF NEW JERSEY ss: COUNTY OF 2001 before me the subscriber, An Attorney at Law if New Jersey, personally appeared SHAHAN ISLAM, who I -1,4'1 a 1 /),a 01 .., usu.-,-r., DATED : g wok w BE IT REMEMBERED, that on this6 day of am satisfied is the "HUSBAND" named in and who executed the foregoing Agreement and to whom I first made known the contents thereof, and thereupon he acknowledged that he signed, sealed and delivered the same as his voluntary act and deed for the uses and purposes therein expressed. An Attorney at Jersey 36 STATE OF COUNTY OF ss: BE IT REMEMBERED, that on this day of L 2001 before me the subscriber, /Y/& c?/? personally appeared MELODY DAVIS, who I am satisfied is the "WIFE." named in and who executed the foregoing Agreement and to whom I first made known the contents thereof, and thereupon she acknowledged that she signed, sealed and delivered the same as her voluntary deed for the uses and purposes therein expressed. RENO', N? rnnNTY. PA SHAHAN ISLALM, Plaintiff V. MELODY D. DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH CIVIL ACTION - LAW NO. 2005-4501 CIVIL CERTIFICATE OF SERVICE I, Melissa Osborne, paralegal for Scaringi & Scaringi, P.C., do hereby certify that the original filed Notice, and a copy of the Statement of Non-Modification and a copy of the Amended Duel Judgment of Divorce in the above-captioned action has been duly served upon Plaintiff, on September 9, 2005, by depositing same in the United States Mail, First Class, Postage Prepaid, and a copy of same has been duly served upon Plaintiff by Certified, Restricted Delivery, Item Number 7004 2510 0007 6446 2671, on the same day, and addressed as follows: Shahan Islam 1704 half Moon Bay Croton-on-Hudson, NY 10526 Date: 7 - / 2005 161 ? Melissa Osborne Oct-31-05 i 03:25am From-Pfizer inc. Patent Dept +2125731838 T-640 P.0011001 F-314 Shahan Islam 1704 Half Moon Bay Drive Croton On Hudson, NY 10520 (914)-862-2257 Electronic Fax., 646-792-4085 October 31, 2005 E-MAIL & FAX (717) 657-7797 Marc A. Scaringi, Esq. Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 103 Harrisburg, PA 17110 Dear Mr. Scaringi: I have no objection to recording the Amended Dual Judgment of Divorce (Judgment) in Pennsylvania as any issue relating thereto should be heard there as pointed out by a Judge in New Jersey which refused to rule for essentially lack of jurisdiction on any issues I previously raised. I however reserve,the right to: 3) modify its terms in view of changed circumstances, something which the non-objection to the Notice cannot constitute a waiver of - but I must proceed pro se; b) challenge the interpretation of your client that she is not obligated to pay any extraordinary expenses occurred at this end and other provisions (this would not be seeking a modification, but enforcement); c) clarify the parental time provisions which she has been violating as demonstrated by the IMMEDIATE attempted violation after you were engaged; d) obtain overpayments which, as will be demonstrated, was never ruled on by any Court and the specific issue was never addressed by any New Jersey agency. Meanwhile, 1 wish to commend your client for beginning to discuss with me, prior to incurring them, extraordinary expenses. S; n e , <S: a EXHIBIT "B" Received Time Oct. 31. 8:16AM SHAHAN ISLAM, Plaintiff V. MELODY D. DAVIS, Defendant AND NOW, this day of IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH CIVIL ACTION- LAW NO. 2005-4501 CIVIL ORDER 2006, upon review of the attached Petition to Confirm Registered Custody Order regarding the two minor children, ARIEL ISLAM and ZACHARY ISLAM, it is hereby Ordered and Decreed as follows: LEGAL CUSTODY The Father and the Mother shall have joint legal custody of the two minor children of the marriage with the Mother designated as primary residential custodian of the two minor children of the marriage. 2. In implementing joint legal custody of the children, the parents agree that on all matters of relative importance relating to the health, education and welfare of the children, they will confer with each other, with a view to adopt and follow those policies which are in the best interests of the children. 3. The parties respectively shall promptly notify each other of illness and other matters or problems affecting the children, when the children are in his or her care. 4. The parties mutually agree that neither party shall leave the country with either child, without first receiving written consent from the other party, which consent shall not be unreasonably withheld. Both parties must consent in writing prior to the issuance of a passport for the children. 5. The parties shall have the following holiday parenting time with the two minor children: a.) The Mother: During even years- New Year's Eve, Easter, Fourth of July, Halloween, Christmas Day, children's birthdays. During odd years- New Year's Day, Memorial Day, Labor Day, Thanksgiving, Christmas Eve day. EXHIBIT "C" b.) The Father: During even years- New Year's Day, Memorial Day, Labor Day, Thanksgiving, Christmas Eve Day. During odd years- New Year's Eve, Easter, Fourth of July, Halloween, Christmas Day, children's birthdays. 6. In addition, the children will be with the Father on Father's Day each year and on the Father's birthday and with the Mother on Mother's Day each year and on the Mother's birthday. The party who does not have the child on the child's birthday, shall have their pick of an additional day either before or after the child's birthday for a separate celebration. 7. The Father shall have regular parenting time with the minor children as follows: Alternating weekends from Friday night 7:00 p.m. to Sunday night 7:00 p.m. The pick up and drop off point will be the Trexlertown-Fogelsville exit on Interstate Highway 78 in Pennsylvania. 8. The parties recognize that due to the geographical distance between the parties' residences, their work demands and weather concerns, the parties agree to be flexible and cooperate with each other in the event modifications must be made to the parenting time schedule. 9. Additionally, the Father will have two non-consecutive weeks extended parenting time with the minor child, Ariel Islam, which shall take place: one week during the child's summer vacation and the other week during Christmas break. The Father shall notify the Mother as to his choice of weeks for extended summer parenting time 60 days in advance of the anticipated visitation. hi the event of a conflict in the scheduled summer vacation visitation dates, the parties shall confer and attempt to resolve the matter. If the parties have conferred and cannot resolve the vacation issue, the party who first provided notice shall prevail. Both parties recognize and agree that they are obligated to provide the other with and address and telephone number where the children may be contacted during any extended parenting time, prior to the commencement of the visitation. The Father shall commence extended parenting time with Zachary when Zachary is four years old. BY THE COURT: .._, ' ? _, s- ?;; -- r JAN 20206 SHAHAN ISLAM, Plaintiff V. MELODY D. DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH CIVIL ACTION - LAW NO. 2005-4501 CIVIL a ORDER C AND NOW, this l3 day of 'TaNO ar y , 2006, upon review of the attached Petition to Confirm Registered Custody Order regarding the two minor children, ARIEL ISLAM and ZACHARY ISLAM, it is hereby Ordered and Decreed as follows: LEGAL CUSTODY 1. The Father and the Mother shall have joint legal custody of the two minor children of the marriage with the Mother designated as primary residential custodian of the two minor children of the marriage. 2. In implementing joint legal custody of the children, the parents agree that on all matters of relative importance relating to the health, education and welfare of the children, they will confer with each other, with a view to adopt and follow those policies which are in the best interests of the children. 3. The parties respectively shall promptly notify each other of illness and other matters or problems affecting the children, when the children are in his or her care. 4. The parties mutually agree that neither party shall leave the country with either child, without first receiving written consent from the other party, which consent shall not be unreasonably withheld. Both parties must consent in writing prior to the issuance of a passport for the children. The parties shall have the following holiday parenting time with the two minor children: a.) The Mother: During even years- New Year's Eve, Easter, Fourth of July, Halloween, Christmas Day, children's birthdays. During odd years- New Year's Day, Memorial Day, Labor Day, Thanksgiving, Christmas 3 Eve day. b.) The Father: During even years- New Year's Day, Memorial Day, Labor Day, Thanksgiving, Christmas Eve Day. During odd years- New Year's Eve, Easter, Fourth of July, Halloween, Christmas Day, children's birthdays. 6. In addition, the children will be with the Father on Father's Day each year and on the Father's birthday and with the Mother on Mother's Day each year and on the Mother's birthday. The party who does not have the child on the child's birthday, shall have their pick of an additional day either before or after the child's birthday for a separate celebration. The Father shall have regular parenting time with the minor children as follows: Alternating weekends from Friday night 7:00 p.m. to Sunday night 7:00 p.m. The pick up and drop off point will be the Trexlertown-Fogelsville exit on Interstate Highway 78 in Pennsylvania. 8. The parties recognize that due to the geographical distance between the parties' residences, their work demands and weather concerns, the parties agree to be flexible and cooperate with each other in the event modifications must be made to the parenting time schedule. 9. Additionally, the Father will have two non-consecutive weeks extended parenting time with the minor child, Ariel Islam, which shall take place: one week during the child's summer vacation and the other week during Christmas break. The Father shall notify the Mother as to his choice of weeks for extended summer parenting time 60 days in advance of the anticipated visitation. In the event of a conflict in the scheduled summer vacation visitation dates, the parties shall confer and attempt to resolve the matter. If the parties have conferred and cannot resolve the vacation issue, the party who first provided notice shall prevail. Both parties recognize and agree that they are obligated to provide the other with and address and telephone number where the children may be contacted during any extended parenting time, prior to the commencement of the visitation. The Father shall commence extended parenting time with Zachary when Zachary is four years old. ', p? BY THE COURT: oy `? J. n i.," _ I - I; lj? tCl 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 SHAHAN ISLAM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V NO. 2005-4501 CIVIL ACTION - LAW MELODY D. DAVIS, Defendant IN DIVORCE PRAECIPE Please withdraw the appearance of Scaringi and Scaringi, as attorneys for the Defendant in the above- c-pt-ioned matter. Dated: /jV Esquire Scaringi and caringi 2000 Lingle own Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 Please enter the appearance of Cara A. Boyanowski, Esquire, as attorney for the Defendant in the above-captioned matter. Dated: mow 1 ? p Z008 01Q'Mco-?'- Cara A. Boyan wski, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Cara A. Boyanowski, Esquire Atty ID No. 68736 Serratelli, Schiffman, Brown and Calhoon, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 cbovnaowskiLgsbc-law.com (717) 540-9170 - telephone (717) 540-5481 - facsimile SHAHAN ISLAM, Plaintiff/Respondent V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4501 CIVIL MELODY D. DAVIS, Defendant/Petitioner CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes Defendant/Petitioner Melody D. Davis, by and through her counsel, Cara A. Boyanowski, Esquire, and respectfully represents: 1. The Defendant/Petitioner is Melody D. Davis, an adult individual who resides at 2216 Logan Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Plaintiff/Respondent is Shahan Islam, an adult individual who resides at 1708 Half Moon Bay, Croton-on-Hudson, New York, 10520. Mr. Islam is not represented by counsel. 3. The parties are the natural parents of two minor children, namely, Ariel Islam, born May 2, 1993, and Zachary Islam, born November 23, 1998. 4. On July 30, 2001, the parties entered into a Property Settlement Agreement in Somerset County, New Jersey, which included provisions for both legal and physical custody. 40 On January 23, 2006, the Honorable M. L. Ebert, Jr., entered an Order of Court, confirming the parties' agreed upon custody schedule as set forth in their Somerset County, New Jersey, Property Settlement Agreement, and registering it with the Cumberland County Court of Common Pleas at the above captioned docket number. 6. The physical custody schedule, as set forth in the Order of Court dated January 23, 2006, provided Plaintiff/Respondent with alternating weekend periods of custody from Friday at 7:00 p.m. through Sunday at 7:00 p.m., two non-consecutive weeks of vacation with the children each year, Father's Day, Father's birthday, and holiday periods. 7. Since the entrance of the Order of Court, dated January 23, 2006, Defendant/Petitioner learned that Plaintiff/Respondent's wife has been acting inappropriately around the minor children while they are in the care and custody of Plaintiff/Respondent by making unsubstantiated allegations that Plaintiff/Respondent sexually abuses the parties' minor daughter, Ariel, making wild-eyed, intense and frightening faces at the parties' son, Zachary, to the point he was afraid to be alone with her, permitting her son to physically push the parties' son, Zachary, and make comments such as he will kill him, and most recently directing numerous unsolicited and unwelcome telephone calls to Defendant/Petitioner and her counsel, advising that she is aware of Defendant/Petitioner's sexual orientation, her unfitness as a mother, etc. Since the entrance of the Order of Court, dated January 23, 2006, Defendant/Petitioner has learned that Plaintiff/Respondent's wife was court ordered in 1999 to have only supervised visits with her own children due to a "character disorder." 9. Since the entrance of the Order of Court, dated January 23, 2006, Defendant/Petitioner has learned from Plaintiff/Respondent that his wife suffers from an alcohol addiction and has started drinking again. Plaintiff/Respondent also acknowledged to Defendant/Petitioner that his wife's drinking and erratic behavior are genuine causes for concern. 10. Since April 2008, after acknowledging his wife's erratic and potentially dangerous behaviors, Plaintiff/Respondent voluntarily agreed to forego exercising his periods of physical custody at his residence in Croton-on-Hudson, New York. 11. Defendant/Petitioner has discussed her desire to modify the current custody schedule to include a provision that the minor children will not be permitted to interact with Plaintiff/Respondent's wife or her son. 12. Defendant/Petitioner has also discussed her desire to modify the current custody schedule to include a provision that the minor children will not be present at Plaintiff/Respondent's residence in Croton-on-Hudson, New York, so long as it is also the residence of Plaintiff/Respondent's wife, or his wife and her son. 13. Plaintiff/Respondent and Defendant/Petitioner have been unable to reach an agreement on the custody schedule modifications. WHEREFORE, Defendant/Petitioner, Melody D. Davis, respectfully requests this Honorable Court: A. Amend the existing Order of Court to provide all of Plaintiff/Respondent's periods of physical custody shall occur at a location other than his residence located in Croton- on-Hudson, New York; and B. Amend the existing Order of Court to provide that the minor children will have no interaction with Plaintiff/Respondent's wife or her minor son. Respectfully submitted, SERRATELLI SCHIFFMAN BROWN & CALHOON, LLC Cara A. Boyanows i, Esquire Supreme Court I.D. No. 68763 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Defendant/Petitioner VERIFICATION Upon my personal knowledge, information and belief, I, Melody D. Davis, do hereby verify that the facts averred and statements made in the foregoing Petition are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. d -f ? Date: 111(-11-54 By: ?"Ie' Melody D. Dav s CERTIFICATE OF SERVICE I, Cara A. Boyanowski, Esquire, hereby certify that I have served a copy of the foregoing document on the following persons by depositing a true and correct copy of the same in the Untied States Mail, by way of United States Mail, first class, postage prepaid, certified/restricted delivery, at Harrisburg, Pennsylvania, addressed as follows, and by facsimile, as follows: Shahan Islam PFIZER 150 E. 42nd Street New York, NY 10017 Date: g - ? g -0 Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17108 (717) 540-9170 41, o? 9a a a ? v ? a SHAHAN ISLAM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-4501 CIVIL ACTION LAW MELODY D. DAVIS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, August 27, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 23, 2008 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac uelrne M. Verne Es q. J Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?? f?- -"- = 14J CZc,nvam - .? :sue `„ CFP L ' 1008 SHAHAN ISLAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-4501 CIVIL ACTION - LAW MELODY D. DAVIS, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 22nd day of September, 2008, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, 0 cqu ne M. Verney, Esquire, Custody nciliator C " ? r ?' Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 (telephone) (717) 540-5481 (facsimile) coyanowski@ssbc-law.com Attorney for Defendant, Melody D. Davis SHAHAN ISLAM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-4501 CIVIL MELODY D. DAVIS, : CIVIL ACTION - LAW Defendant : IN CUSTODY STIPULATION FOR CUSTODY WHEREAS, Mother and Father are the parents of two minor children, to wit: Ariel Islam, born May 2, 1993 and Zachary Islam, born November 23, 1998; WHEREAS, Mother and Father are desirous of entering into a revised physical custody arrangement without the need for litigating this issue before this Honorable Court; WHEREAS, Mother and Father, after careful consideration and the opportunity for the advice and assistance of counsel have reached an agreement to provide Father with a physical custody arrangement, which differs from that set forth in the Order of Court entered on January 23, 2006; WHEREAS, it is the belief of Mother and Father that the agreement reached herein provides for the best interest of these children; NOW THEREFORE, intending to be legally bound, the parties agree that the Order of Court dated January 23, 2006 is amended as follows: 1. The parties shall continue to exercise shared legal custody of Ariel Islam (DOB 5/2/1993) and Zachary Islam (DOB 11/23/1998) as outlined in the January 23, 2006 Order of Court and pursuant to 23 Pa.C.S. 5309. 2. Primary physical custody of the minor children shall continue to be with Mother, Melody D. Davis. 3. Father, Shahan Islam, shall exercise periods of partial physical custody with the minor children on alternating weekends from Friday evening at 7:00 p.m. through Sunday evening at 7:00 p.m. 4. Father shall also exercise periods of partial physical custody with the minor children on the following holidays: New Year's Eve/Day, Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving, with the exact details of same to be mutually worked out and agreed upon between the parties. Furthermore, Father shall be entitled to two non-consecutive, uninterrupted weeks of physical custody with the children each calendar year. It is understood and agreed between the parties that Father will exercise one of these uninterrupted weeks of physical custody during the children's summer vacation break and the other week during the children's winter/Christmas holiday break. Father shall provide Mother with at least thirty days notice of when he intends to exercise his summer vacation break week. 5. Daria Biernat Islam, Father's wife, and Tommy Nadbielny, Father's step-son, shall have absolutely no interactions, including but not limited to, personal contact, verbal contact, telephone contact, email contact, the sending or receiving of text messages, and/or any other form of written and/or verbal communication, with the minor children. 6. During Father's periods of physical custody, the minor children shall spend absolutely no time at Father's personal residence, located at 1704 Half Moon Bay, Croton-on-Hudson, New York. This provision shall become null and void upon Daria Biernat Islam's relocation from the 1704 Half Moon Bay, Croton-on-Hudson, New York residence for a period of no less than sixty (60) days, with proof that a divorce complaint has been filed between Father and Daria Biemat Islam. 7. Parties to this order shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 8. Each party shall be entitled to reasonable telephone or e-mail contact with the children when they are in the custody of the other party. 9. In the event the children spend an overnight at a place other than either party's primary residence, the non-custodial party will be given the address and telephone number where the children are spending the night. 10. In all other respects, the parties agree that the remaining provisions of the Order of Court dated January 23, 2006, shall remain in full force and effect. 11. Mother is represented by Cara A. Boyanowski, Esquire. Father, who is a licensed attorney in New York, is not represented by independent counsel, but has been advised of his ability to obtain counsel. Both parties have been informed of the purpose of this Agreement and its legal effects and consequences. 12. Each of the parties has carefully read and fully considered this Stipulation and all of the statements, terms, conditions, and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have ?t4 ? T4 set their hands and seals on this day of'2008. WITNESS: amaLum'". Cara A. Boyanowski, Esquire gitness Shahan Islam Counsel for Mother a Melody D. D is C'? C' ? <» ,: ? :. --{ - -- .? ?_.. r? . ?? ? ? €_p . ? : - .?CN. ' ..F -.'..... y'^.' ?. X.... -? " ?n ?? ?, cep 2 6 2008 SHAHAN ISLAM, Plaintiff V. MELODY D. DAVIS, Defendant AND NOW, this : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4501 CIVIL CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT 1s1 day of . Q ck 4bt'T stipulation of the parties, it is hereby Ordered and Decreed as follows: 2008, upon THE ORDER OF COURT DATED JANUARY 23, 2006 IS AMENDED AS FOLLOWS: 1. The parties shall continue to exercise shared legal custody of Ariel Islam (DOB 5/2/1993) and Zachary Islam (DOB 11/23/1998) as outlined in the January 23, 2006 Order of Court and pursuant to 23 Pa.C.S. 5309. 2. Primary physical custody of the minor children shall continue to be with Mother, Melody D. Davis. 3. Father, Shahan Islam, shall exercise periods of partial physical custody with the minor children on alternating weekends from Friday evening at 7:00 p.m. through Sunday evening at 7:00 p.m. 4. Father shall also exercise periods of partial physical custody with the minor children on the following holidays: New Year's Eve/Day, Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving, with the exact details of same to be mutually worked out and agreed upon between the parties. Furthermore, Father shall be entitled to two non-consecutive, uninterrupted weeks of physical custody with the children each calendar year. It is understood and agreed between the parties that Father will exercise one of these uninterrupted weeks of physical custody during the children's summer vacation break and the other week during the children's winter/Christmas holiday break. Father shall provide Mother with at least thirty days notice of when he intends to exercise his summer vacation break week. 5. Daria Biernat Islam, Father's wife, and Tommy Nadbielny, Father's step-son, shall have absolutely no interactions, including but not limited to, personal contact, verbal contact, telephone contact, email contact, the sending or receiving of text messages, and/or any other form of written and/or verbal communication, with the minor children. 6. During Father's periods of physical custody, the minor children shall spend absolutely no time at Father's personal residence located at 1704 Half Moon Bay, Croton-on-Hudson, New York. This provision shall become null and void upon Daria Biernat Islam's relocation from the 1704 Half Moon Bay, Croton-on-Hudson, New York residence for a period of no less than sixty (60) days, with proof that a divorce complaint has been filed between Father and Daria Biernat Islam. 7. Parties to this order shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 8. Each party shall be entitled to reasonable telephone or e-mail contact with the children when they are in the custody of the other party. 9. In the event the children spend an overnight at a place other than either party's primary residence, the non-custodial party will be given the address and telephone number where the children are spending the night. 10. In all other respects, the parties agree that the remaining provisions of the Order of Court dated January 23, 2006, shall remain in full force and effect. BY THE COURT: -L 4A . I M. L. Ebert, Jr., J. DISTRIBUTION: Shahan Islam Pro Se Cara A. Boyanowski, Esquire Counsel for Mother c/o Pfizer, 150 E. 42nd Street, New York City, NY 10017 2080 Linglestown Road, Suite 201, Harrisburg, PA 17110 u Z Z . , WV l -130 BOOT 34i -40