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HomeMy WebLinkAbout06-1766MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff MICHELLE A. JAMES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 0?, - 1,X L ?!U c L,?vu Y1 DOUGLAS T. JAMES, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (g00)990-910g MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff MICHELLE A. JAMES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. OL - 117L 6, Ct v i C DOUGLAS T. JAMES, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE Plaintiff is MICHELLE A. JAMES, who has resided at 1 Bridgeport Drive, Mechanicsburg, Cumberland County, Pennsylvania, for the last twenty (20) months. 2. Defendant is DOUGLAS T. JAMES, who has resided at 1 Bridgeport Drive, Mechanicsburg, Cumberland County, Pennsylvania, for the last twenty (20) months. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 3, 1992 in Englewood, New Jersey. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. Plaintiff avers that there are children of the parties under the age of eighteen (18) namely: Lindsey James, born April 5, 1995, age 10 years; and Danielle James, born December 27, 1998, age 7 years. COUNT I - DIVORCE 10. The Plaintiff avers that the grounds on which the action is based are as follows: That the marriage is irretrievably broken. COUNT II - EQUITABLE DISTRIBUTION 11. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. COUNT III - ALIMONY PENDENTE LITE, ATTORNEY'S FEES AND COSTS 12. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 13. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 14. Plaintiffs income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 15. Defendant has adequate earnings to provide for Plaintiffs support and to pay her counsel fees, costs and expenses. COUNT IV - ALIMONY 16. Plaintiff lacks sufficient property to provide for her reasonable needs. 17. Plaintiff is unable to sufficiently support herself through appropriate employment. 18. Defendant has sufficient income and assets to provide continuing support for the Plaintiff after the entry of a Decree in Divorce. COUNT V - CUSTODY 19. There are two (2) minor children born to this marriage, namely: Lindsey James, born April 5, 1995, age 10 years; and Danielle James, born December 27, 1998, age 7 years. 20. Plaintiff desires the custody of the minor children and is capable of giving said children the necessary parental care and a proper and healthful environment. 21. The Plaintiff avers that she is a fit person to raise the minor children and that by awarding her legal custody, the best interest and permanent welfare of the children will thereby be promoted. 22. The parties' minor children have resided at 1 Bridgeport Drive, Mechanicsburg, Cumberland County, Pennsylvania since July 2004. 23. Plaintiff has not participated in any other litigation concerning the custody proceedings in a court of this or any other state, nor does she know of any person not a party to these proceedings who has had physical custody of the minor children or claims to have custody or visitation rights. 24. The Plaintiff requests that a reasonable visitation schedule be set up by the Court regarding visitation of the parties' minor children by Defendant. WHEREFORE, Plaintiff requests this Honorable Court: a. Enter a decree of divorce; b. Equitably distribute all property, both personal and real, owned by the parties; c. Compel Defendant to pay alimony pendente lite to Plaintiff; d. Compel Defendant to pay post-divorce alimony to Plaintiff, e. Grant Plaintiff attorney's fees and costs; f Grant Plaintiff primary physical and shared legal custody of the parties' minor children; and g. Grant such further relief as the Court may deem equitable and just. Respectfully Submitted: MA A? P. C GNETTI & ASSOCIATES V ' ?I Date: ? 1 .2 3 ? b Co By: KRI TO E T. SMULL, ESQUIRE Attorney LD. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, Michelle A. James, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: 3 / l/ M7 61/' % nbL Michelle A. James ? W cl? h l ?J 1 r, j, -, to MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 9094060 Attorneys for Plaintiff MICHELLE A. JAMES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOUGLAS T. JAMES, Defendant : NO. 06-1766 Civil Term CIVIL ACTION - LAW IN DIVORCE MOTION FOR ALIMONY PENDENTE LITE CONFERENCE AND NOW, comes Plaintiff, Michelle A. James, by and through her attorney, Kristopher T. Smull, Esquire, and moves this Court to enter an Order setting this case for an Alimony Pendente Lite Hearing, and in support thereof respectfully represents that: 1. Plaintiff is Michelle A. James (hereinafter "Wife'), an adult individual currently residing at 4066 Darius Drive, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is Douglas T. James (hereinafter "Husband"), an adult individual currently residing at 1 Bridgeport Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. (a) Husband and Wife were married on October 3, 1992 in Englewood, New Jersey. (b) Husband and Wife were separated on March 27, 2006. (c) Husband and Wife were divorced on (pending). (d) Wife filed a Complaint in Divorce on March 27, 2006 which included a count for Alimony Pendente Lite. 4. The parties are the parents of the following minor children: Name Birth Date AAge. Residence Lindsey James 4/5/1995 12 4066 Darius Drive Enola, PA Danielle James 12/12/1998 9 4066 Darius Drive Enola, PA 5. Wife seeks support for the following persons: herself. 6. Husband has neglected the duty to support or sufficiently support Wife since March 27, 2006. 7. (a) Wife is not receiving Public Assistance. (b) Wife is not receiving additional income. 8. No previous Support Order has been entered against Husband. 9. Wife last receive support from Husband in the amount of $0.00. 10. Wife lacks sufficient property to provide for her reasonable needs. 11. Wife is unable to sufficiently support herself through appropriate employment. 12. Husband has sufficient income and assets to provide continuing support for Wife. 13. By reason of this action, Wife will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 14. Wife is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. WHEREFORE, Petitioner prays this Honorable Court enter an Order setting this matter for an Alimony Pendente Lite Conference. Date: 5 ?? 0? By: Respectfully Submitted: P. COGNETTI & ASSOCIATES KRNT1 #HER T. SMULL, ESQUIRE Attorney .D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Kristopher T. Smull, Esquire, Attorney for Michelle A. James, Plaintiff herein, do hereby certify that on this date I served the foregoing Motion for Conference by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: John J. Connelly, Jr., Esquire JAMES, SMITH, DIETTERICK & CONNELLY 134 Sipe Avenue Hummelstown, PA 17036 MARIA P. COGNETTI & ASSOCIATES By: 4QOA Date: KRIS O ER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff J r MICHELLE A. JAMES, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-1766 CIVIL TERM DOUGLAS T. JAMES, IN DIVORCE Defendant/Respondent , PACSES CASE NO: 837109168 ORDER OF COURT AND NOW, this 16th day of April, 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before Amy L. Ickes on May 30, 2007 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11@ (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Krsitopher T. Smull, Esq. John J. Connelly, Jr., Esq. Date of Order: May 16, 2007 BY THE COURT, Edgar B. Bayley, President Judge Am . Ickes, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 ?- y rv - 7-11 - C3"+ i ?j -+4F In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MICHELLE A. JAMES ) Docket Number 06-1766 CIVIL Plaintiff ) vs. ) PACSES Case Number 837109168 DOUGLAS T. JAMES ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 1ST DAY OF JUNE, 2007 IT IS HEREBY ORDERED that the ® Complaint for Support or 0 Petition to Modify or 0 Other filed on May 16 , 2007 in the above captioned matter is dismissed without prejudice due to: the Court being advised that the Plaintiff is not entitle to Alimony Pendente Lite due to the financial circumstances of the parties. This order shall become final within twenty days from the mailing of the notice of the entry of this order unless either party files a written demand requesting a hearing. 0 The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: ; ??' - / X4 Kevin . Hess, JUDGE Form 0E-506 Service T yJpe . M Shadday Worker ID 21102 rvic JR: m ? -c MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff MICHELLE A. JAMES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 06-1766 CIVIL PACSES NO. 837109168 DOUGLAS T. JAMES, Defendant IN DIVORCE/ALIMONY PENDENTE LITE DEMAND FOR HEARING DATE OF ORDER: June 1, 2007 AMOUNT: $0.00 FOR: Support of Plaintiff. REASON(S): 1. The conference officer erred in failing to attribute Defendant with an appropriate earning capacity. 2. The conference officer erred in determining Plaintiff's earnings. 3. The conference officer erred in granting Defendant a deviation for the mortgage on the marital home and further erred in the calculation of said deviation. PARTY FILING DEMAND FOR HEARING: Plaintiff, Michelle A. James. Respectfully Submitted: M A P. (GOGNETTI & ASSOCIATES Date: By: - ?AAW S P ER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff ?.µ r. ? s?:.. .. Fin ?F Fri It In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MICHELLE A. JAMES ) Docket Number 06-1766 CIVIL Plaintiff ) VS. ) PACSES Case Number 837109168 DOUGLAS T. JAMES ) Defendant ) Other State ID Number ORDER OF COURT You, MICHELLE A. JAMES plaintiff/defendant of 4066 DARIUS DR, ENOLA, PA. 17025-1475-66 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the AUGUST 8, 2007 at 8:30AM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. I Worker ID 21302 JAMES PACSES Case Number: 837109168 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. V. JAMES CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Rev. Worker ID 21302 , c.n -" In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MICHELLE A. JAMES ) Docket Number 06-1766 CIVIL Plaintiff ) vs. ) PACSES Case Number 837109168 DOUGLAS T. JAMES ) Defendant ) Other State ID Number ORDER OF COURT You, DOUGLAS T. JAMES plaintiff/defendant of 1 BRIDGEPORT DR, MECHANICSBURG, PA. 17050-7357-01 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the AUGUST 8, 2007 at 8: 3 OAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 .0 1% ? JAMES PACSES Case Number: 837109168 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. V. JAMES CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Rev. 1 Worker ID 21302 t-, a o C.. 0 rt " ?:" s t In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MICHELLE A. JAMES ) Docket Number 06-1766 CIVIL Plaintiff ) vs. ) PACSES Case Number 837109168 DOUGLAS T. JAMES ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, MICHELLE A. JAMES of 4066 DARIUS DR, ENOLA, PA. 17025-1475-66 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 23RD DAY OF OCTOBER, 2007 at 8:30AM for a hearing. This date replaces the prior hearing date of AUGUST 8, 2007 You are further required to bring to the hearing: I . a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 Rev. 1 Worker ID 21302 0 r,% JAMES PACSES Case Number: 837109168 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: ?,(?. -01 '00v' JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. v- JAMES CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 2 4 0 - 6 2 2 5 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-514 Rev. Worker ID 21302 C? ? p l --f Z7- ?v In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MICHELLE A. JAMES ) Docket Number 06-1766 CIVIL Plaintiff ) vs. ) PACSES Case Number 837109168 DOUGLAS T. JAMES ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, DOUGLAS T. JAMES 1 BRIDGEPORT DR, MECHANICSBURG, PA. 17050-7357-01 are ordered to appear at DOMESTIC RELATIONS HEARING RM of DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 23RD DAY OF OCTOBER, 2007 the prior hearing date of AUGUST 8, 2007 at 8: 3 OAM for a hearing. This date replaces You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 Rev. 1 Worker ID 21302 JAMES PACSES Case Number: 837109168 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: Alp, JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. V. JAMES CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 2 4 0 - 6 2 2 5 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-514 Rev. Worker ID 21302 C7 r--> ca ? ?, a In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MICHELLE A. JAMES ) Docket Number 06-1766 CIVIL Plaintiff ) vs. ) PACSES Case Number 837109168 DOUGLAS T. JAMES ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, DOUGLAS T. JAMES 1 BRIDGEPORT DR, MECHANICSB:?RG, PA. 17050-7357-01 of are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 29TH DAY OF NOVEMBER, 2007 the prior hearing date of OCTOBER 23, 2007 at a : 30AM for a hearing. This date replaces You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverap; ,which you may have, or may have available to you 6. information relating to pi ofessional licenses 7. other: Service Type M Form CM-514 Rev. I Worker ID 21302 r` JAMES V. JAMES PACSES Case Number: 837109168 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter ar, ;)rder establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: NN16-0 JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOUWITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S 3EDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable acccrnrlodations available to disabled individuals having business before the court, please contict our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-514 Rev. 1 Service Type M Worker ID 21302 .-? :: ? ? -'n "C „ ('? `, ? ? ?^?', ? In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MICHELLE A. JAMES ) Docket Number 06-1766 CIVIL Plaintiff ) VS. ) PACSES Case Number 837109168 DOUGLAS T. JAMES ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, MICHELLE A. JAMES of 4066 DARIUS DR, ENOLA, PA. 17025-1475-66 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 29TH DAY OF NOVEMBER, 2007 at 8 :30AM for a hearing. This date replaces the prior hearing date of OCTOBER 23, 2007 You are further required to bring to the hearing: I . a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 Rev. I Worker ID 21:302 JAMES PACSES Case Number: 837109168 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: 0 -1/0 -V, JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. V. JAMES CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-514 Rev. Worker ID 21302 ?x cY i y.? ' ?y f {;ry MARIA P. COGNETTI & ASSOCIATES KRISTOPRER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff MICHELLE A. JAMES, Plaintiff V. DOUGLAS T. JAMES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-1766 Civil Term CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, KRISTOPHER T. SMULL, ESQUIRE, do hereby certify that a true and correct copy of the Complaint in Divorce, was served upon the Defendant, Douglas T. James, by United States Mail, first class, postage prepaid, certified, docketed to No. 70001530 0002 57761541, on the 4' day of April, 2006, addressed as follows: Douglas T. James I Bridgeport Drive Mechanicsburg, PA 17050 Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES 3 Date:' By: KRIS OPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff a SENDER: I also wish to receive the. ¦ Complete items t and/or 2 for additional services. • Complete items 3, 4a, and 4b. following services (for an • Print your name and address on the reverse of this form so that we cans to you can return this extra fee): x . ¦ Attach this form to the front of the mailpiece, or on the back if space does not Permit. 1. ? Addressee's Address i t d D li t %R Y • Write "Return Receipt Requested" on the mailpiece below the article number. r very es c e e 2.? • The Return Receipt will show to whom the article was delivered and the date i d Consult postmaster for fee. vere del . 3. Article Addressed to: .k}p 4a. Article Number tc o -4000 %530 00Qa 5TU(o V54 OO?g?asT•\e-S 4b. Service Type ? Registered ? Certified ? Express Mail ? Insured L? eC}(?l1(11 CS ?Ji l ; Q? (-q OSO ? Return Receipt andise ? COD 7. Date of r?o ? $ !? sr 5. ceived By: (Print Name) 8. Addr ee's Address (Only and isppfrll_ 2006 CO 6. i ture: res A ent w PS Form WK, December 1994 1o2595-9e-s-o22q IMMOTIeturn Receipt C? ?, G -n CJ??T ...J t § "S ? C-?r ? ..+r "? ??"4 L,#? ? „( C.i ' PROPERTY SETTLEMENT AGREEMENT J? 1 THIS AGREEMENT, made this day of 6C.2 M b UR. , 2007, by and between Michelle A. James, of Cumberland, County, Pennsylvania (hereinafter referred to as "WIFE") and Douglas T. James, of Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on October 3, 1992, in Englewood, Bergen County, New Jersey; and WHEREAS, two (2) children have been born of this marriage, namely, Lindsey James, born April 5, 1995; and Danielle James, born December 27, 1998; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of all matters between them relating to the past, present, and future support and/or maintenance of the children; the implementation of custody and visitation arrangements for the minor children of the parties; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, norm' or n any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understands and agrees that neither shall do or say anything to the children of the parties at anytime which might in any way influence the children adversely against the -2- otherparty, it being the intention ofboth parties to minimize the effect of any such separation upon the children. 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 4. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County to Docket No. 06-1766, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits, Waivers or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code at the same time as they execute this Agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. -3- Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties ifthey have each executed this Agreement at the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. -4- 7. DISTRIBUTION DATE: The transfer ofproperty, funds and/or documents provided for herein, shall only take place on the "distribution date", which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement.. 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, ofwhatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relationship or otherwise, except, all rights and agreements and obligations ofwhatsoever nature arising or which may arise under this Agreement or -5- for the breach of anyprovisions thereof. It is the intention ofHUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations ofwhatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. ADVICE OF COUNSEL: The provisions ofthis Agreement and its legal effect have been fully explained to the parties by their respective counsel; Kristopher T. Smull, Esquire, for WIFE and John J. Connelly, Jr., Esquire, for HUSBAND. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not, at any future time, raise as a defense, or otherwise, the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. -6- 10. WARRANTY AS TO EXISTING OBLIGATIONS: Each partyrepresents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party maybe responsible or liable except as maybe provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 12. DEBTS OF THE PARTIES: a) Except as otherwise herein expressly provided, the parties shall and do hereby mutually remise, release and forever discharge each other from any and all actions, suits, debts, claims, demands and obligations whatsoever, both in law and in equity, which either of them ever had, now has, or may hereafter have against the other upon or by reason of any matter, cause or thing up to the date of execution of this Agreement. -7- b) In the event that either party becomes a debtor in bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the otherparty pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor spouse, and the debtor spouse hereby assigns, transfers, and conveys to the creditor spouse an interest in all of the debtors exempt property sufficient to meet all obligations to the creditor spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this paragraph or any other provisions of the Agreement. No obligations created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. The failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of conditions precedent, shall not in any way void or alter the remaining obligations of either of the parties. c) Each party shall be solely responsible for any debt on credit cards for which he or she is the primary cardholder. Each party shall take all steps necessary to remove the other's name from the accounts for which he or she has assumed responsibility. 13. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles ofpersonal property which have heretofore been used by them in common, and neither party will make any claim -8- to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 14. DIVISION OF REAL PROPERTY: HUSBAND and WIFE acknowledge that the former marital residence situated at 1 Bridgeport Drive, Mechanicsburg, Cumberland County, Pennsylvania, which was titled in the name of HUSBAND and WIFE as tenants by the entireties, has been sold by the parties at a loss. The parties agree that any liability arising from the sale of the marital home shall be HUSBAND's sole responsibility. HUSBAND hereby indemnifies and holds WIFE harmless from any and all liability with regard to the home, which he may have incurred, from any source whatsoever. 15. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. -9- 16. INVESTMENT ACCOUNTS FOR THE CHILDREN: The parties are currently the holders of certain accounts being held for the benefit of their children. HUSBAND is the holder of the following accounts being held for the benefit of Danielle James: America Funds PA/UTMA Account #00064256194 with an approximate value of $2,976.21; Franklin Templeton Coverdell Education Savings Account #000000002591321 with an approximate value of $445.30; Franklin Templeton Coverdell Education Savings Account #000019814553208 with an approximate value of $772.04; and America Funds VCSP/College America Account #000068164834 with an approximate value of $257.85. WIFE is the holder of the following accounts being held for the benefit of Lindsey James: America Funds VCSP/College America Account #000068164835 with an approximate value of $4,649.83; Franklin Templeton Coverdell Education Savings Account #000000002591319 with an approximate value of $808.15; Franklin Templeton Coverdell Education Savings Account #000001972473821 with an approximate value of $2,367.70; America Funds PA/UTMA Account #00064941228 with an approximate value of $4,763.90; Franklin Templeton UTMA/PA Account #000019814552737 with an approximate value of $4,323.87. The parties agree that all said account shall continue to be controlled by the respective holder and used exclusively for the children's college education. 17. HUSBAND'S KNOUSE FOODS RETIREMENT PLAN: As part ofthe equitable distribution ofproperty arising out ofthe marital relationship between the parties, HUSBAND agrees that, upon his earliest date of retirement, WIFE shall be entitled to receive THREE HUNDRED SEVENTY THREE and 33/100 Dollars ($373.33) per month of HUSBAND's annuity benefit, -10- including a pro rata share of any cost of living, or other increases that are not the result of HUSBAND's contributions or efforts. Said sum of $373.33 is intended to be paid for WIFE's lifetime and HUSBAND shall elect a retirement option which ensures that WIFE continues to receive her benefit after HUSBAND's death. Further, in the event that HUSBAND should remarry, WIFE's monthly benefit shall not be effected and will never be less than $373.33 per month. The parties agree that said assignment to WIFE shall be effectuated pursuant to a Domestic Relations Order (DRO). The parties agree that HUSBAND shall be solely responsible for the cost of such preparation. The form of the order shall be set forth in a stipulation which shall be signed by both parties, subject to the prior approval of their respective counsel and the plan administrator, and entered as an Order of Court. The parties shall cooperate in the assignment of benefits by executing any and all documents necessary to effectuate same. WIFE agrees to waive any interest she may have in the remainder of HUSBAND's Knouse Foods Retirement Plan. WIFE hereby acknowledges that she has no further claim, right, title or interest whatsoever in HUSBAND's Knouse Foods Retirement Plan and further agrees never to assert any claim to the asset in the future. 18. KNOUSE FOODS RETIREMENT SAVINGS AND INVESTMENT PLAN: HUSBAND is currently the owner of a Knouse Foods Retirement Savings and Investment Plan. HUSBAND agrees to transfer SEVENTEEN THOUSAND TWO HUNDRED and 00/100 Dollars ($17,200.00) of his Retirement Savings and Investment Plan, together with all interest accruing thereon from the execution date hereof to the date of the transfer of the funds, to WIFE. The parties agree that the transfer to WIFE shall be by way of a rollover and effectuated pursuant to a Qualified Domestic -11- Relations Order (hereinafter "QDRO"). The parties agree that HUSBAND shall be solely responsible for the cost of such preparation. The form of the order shall be set forth in a stipulation which shall be signed by both parties, subject to the prior approval of their respective counsel and the plan administrator, and entered as an Order of Court. The parties shall cooperate in the transfer of the funds by executing any and all documents necessary to effectuate same. HUSBAND shall not remove, transfer or take a loan against any funds from said plan until the transfer to WIFE has been completed. 19. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree those vehicles currently in their respective possession shall become and remain their sole and separate property. The titles to the said motor vehicles shall be executed by the parties, if appropriate for affecting transfer as herein provided, on the date of execution of this Agreement, and said executed title shall be delivered to the proper party on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobile. 20. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. -12- 21. CHILD SUPPORT: The parties will execute, simultaneously herewith, a Support Stipulation, which is to be entered as an Order of Court docketed to No. 00342 S 2007, PACSES No. 897109146, wherein HUSBAND agrees to pay the sum Six Hundred Fifty ($650.00) DOLLARS per month for the support of the parties' minor children. Said Stipulation shall remain in full force and effect until further Order of Court and is subject to modification based on a change in circumstance. A true and correct copy of said Stipulation is attached hereto, made a part hereof and marked Exhibit «A 22. CUSTODY: The parties agree that they shall have joint legal custody of the minor children, Lindsey and Danielle James. The parties agree to continue to share physical custody of the minor children on a week on/week off basis. All holidays and schedule changes shall be made upon the mutual agreement of the parties. 23. ALIMONY: HUSBAND shall, from December 1, 2007 and for a period of thirteen (13) months thereafter, pay to WIFE the sum of THREE HUNDRED FIFTY and 00/100 Dollars ($350.00) per month for her separate support and maintenance. Further, the parties intend that said monthly ahmonypayments be made through the Pennsylvania State Collections and Disbursement Unit (PASCDU) in the amount of THREE HUNDRED FIFTY and 00/100 Dollars ($350.00) from December 1, 2007 through December 31, 2008. These payments are intended to be included in WIFE's income and deducted from HUSBAND's gross income pursuant to federal tax laws. WIFE agrees that all of the said payments shall be included as income on her applicable tax return and that -13- she shall pay such taxes as maybe required by reason of such inclusion. The parties further agree that they specifically intend this amount to be non-modifiable by either party. Said alimony shall terminate prior to the expiration of said period only upon the death of either party, or upon WIFE's remarriage or cohabitation with an unrelated member of the same or opposite sex. The parties further acknowledge that, in consideration of the transfers made herein, each completely waives and relinquishes any and all further claims and/or demands they may now have or hereafter have against the other for alimony, alimonypendente lite, and spousal support, except as specifically provided for herein. 24. COUNSEL FEES: Neither party shall have any liability to the other for reimbursement of attorney's fees incurred by the other party in connection with the negotiation and preparation of this Agreement or in connection with any legal or equitable proceedings between the parties which have preceded the execution of this Agreement. 25. LIFE INSURANCE: It is acknowledged by the parties that they are currently the holders of a family life insurance plan which includes a policy insuring the life of HUSBAND in the amount of $250,000.00, a policy insuring the life of WIFE in the amount of $100,000.00 and a policy insuring the life of each of the children in the amount of $10,000.00. The parties agree that WIFE shall be entitled to maintain her policy and will endeavor to separate the policy from the rest of the plan and pay for it separately. HUSBAND agrees to keep WIFE on the family plan until such time as WIFE is able to separate the policy or obtain a new policy and WIFE will reimburse HUSBAND for the cost -14- ofher individual life insurance policy during said period. In no case shall WIFE remain on the family plan longer than ninety (90) days after the entry of a final Decree in Divorce. It is further understood and agreed by and between the parties that they shall maintain and keep in full force and effect their respective life insurance policies naming the children irrevocable beneficiaries until the children reach the age of twenty-three (23). The parties shall have no personal right, title, claim or interest whatsoever in the said policies of other, except as set forth herein, but may enforce any rights of the children therein as their parent and natural guardian, and it is specifically understood and agreed that the parties shall be named and designated as such guardian and trustee during the period that the children are minors. Finally, HUSBAND agrees to maintain WIFE as a beneficiary of his life insurance policy for the extent ofhis obligation for the payment of alimony to WIFE. The parties agree that HUSBAND's total alimony obligation is $4,550.00. HUSBAND's obligation to maintain WIFE as a beneficiary shall decline at a rate of $350.00 per month so that, for example, after paying alimony for three (3) months, HUSBAND shall maintain WIFE as a beneficiary for $3,500.00. 26. HEALTH INSURANCE - CHILDREN: HUSBAND shall be responsible for and shall maintain health insurance benefits for the parties' children so long as he is obligated to contribute to the children's support pursuant to the provisions of this Agreement or any Court Order. HUSBAND shall supply WIFE with proof of such coverage upon her request. Should HUSBAND be without health insurance benefits through his employer, and should WIFE have benefits through her employer, at no cost to her, both parties agree, in the best interests of the children, that they be placed under -15- WIFE'S policy. Cost of said health insurance has been considered by the parties in agreeing to the support stipulation set forth herein. Any modification of child support may modify the terms herein. 27. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications ofthis Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 28. INCOME TAX PRIOR RETURNS: The parties have heretofore filed j oint Federal and State tax returns. Both parties agree that in the event any deficiency in Federal or State income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. -16- 29. DEPENDENCY EXEMPTION: The parties agree to share the tax dependency exemptions for their children, so long as they continue to share custody of the children, as follows: HUSBAND shall claim Lindsey every year and WIFE shall claim Danielle until such time as Lindsey reaches the age of eighteen (18). When Lindsey reaches the age of eighteen (18) the parties agrees that they shall alternate the dependency exemption for Danielle from year to year until such time as Danielle reaches the age of eighteen (18). HUSBAND and WIFE agree that, should the children attend college, the party responsible for the payment of college tuition and other expenses shall be entitle to claim that child as a dependency exemption. Should the parties share in the cost of college, they will continue to share the dependency exemption until such time as the children can no longer be claimed pursuant to IRS regulations. The parties agree to execute Internal Revenue Service Form 8332, and any other document which may be required in order to allow the other to claim the dependency exemptions. The parties are hereby authorized to file the said form (or copies thereof) with their future income tax returns and to make such other use of the said form or other documents as is reasonably necessary to effectuate the provisions of this Paragraph. 30. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer ofproperty pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents -17- required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subj ect to the carry-over basis provisions of the said Act. 31. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 32. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 33. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate. Each party will, at the request of the other, execute, -18- acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 34. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 35. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy ofthe financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing parry shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. -19- Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 36. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 37. ADDITIONAL INSTRUMENTS: Each ofthe parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 38. VOID CLAUSES: Ifanyterm, condition, clause or provision ofthis Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 39. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. -20- 40. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions ofthis Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 41. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 42. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNES S WHEREOF, the parties hereto have set their hands and seals the date and year first above written. WYTT?ESS (SEAL) Michelle A. James SEAL) ougla . James -21- COMMONWEALTH OF PENNSYLVANIA )SS: COUNTY OFt On this, the ? day of ?M f A),A IDI., , 2007, before me, a Notary Public, the undersigned officer, personally appeared Michelle A. James, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Not Public (JU COMMONWEALTH OF PENNSYLVANIA Notarial Seal Karen A. Sheriff, Notary Public Palmyra Boro, Lebanon County My Commission Expires May 16, 2010 COMMONWEALTH OF PENNSYLVANIA Member, Pennsylvania Association of Notaries )SS: COUNTY OF l? ) On this, the `7 4 day of , 2007, before me, a Notary Public, the undersigned officer, personally appeared Douglas T. James, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. CK I P .0 Notary lic V?'EALTH PENNSYLVANIA ''2'V'. tm eal otary Public.hin County es Nov. 8, 2009 Memociation of Notaries -22- E., 6 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION MICHELLE A. JAMES, Plaintiff V. DOUGLAS T. JAMES, Defendant DOCKET NO. 00342 S 2007 PACSES NO. 897109146 : IN SUPPORT STIPULATION AS TO SUPPORT ?11- AND NOW, this 1 - day of 6C U.rY[ be-12 , 2007, come Plaintiff, Michelle A. James (hereinafter referred to as "Wife"), and Defendant, Douglas T. James (hereinafter referred to as "Husband"), who file this Stipulation as to Support and state as follows: WHEREAS, the parties were married on October 3, 1993, in Englewood, New Jersey, and separated on March 18, 2006; WHEREAS, the parties are the natural parents of two (2) minor children namely: Lindsey James, born April 5, 1995; and Danielle James, born December 27, 1998; WHEREAS, on June 1, 2007, an Order of Court was entered dismissing Wife's complaint for support of herself and the parties' minor children. Wife filed a demand for hearing on June 14, 2007 and a hearing was scheduled for August 8, 2007. Said hearing was continued twice and has currently been continued generally; WHEREAS, the parties wish to avoid the anticipated expense of preparing for and pursuing a hearing and/or the appeals of any resulting Order; and WHEREAS, the parties have the best interests of their children in mind. NOW THEREFORE, intending to be legally bound hereby, the parties hereto stipulate and agree as follows: 4* 1 w Husband's monthly support obligation shall be set at $650.00 per month for child support. 2. The effective date of this support obligation shall be December 1, 2007. 3. The amount of arrearages as of December 1, 2007 shall be $0.00. Husband shall pay an additional $50.00 monthly on the arrearages, if any, which may accrue after the entry of this Stipulation as an Order. 4. Unreimbursed medical expenses for the children that exceed $250.00 annually are to be paid as follows: 60% by Husband and 40% by Wife and shall include orthodontic and psychological services. Wife shall be responsible for the first $250.00 per child. 5. Husband shall continue to provide medical insurance coverage for the children. 6. The parties acknowledge that said Stipulation shall be adopted as an Order of Court. 7. The parties acknowledge that a wage attachment shall be entered garnishing Husband's wages for the payment of said Order. 8. The parties hereby waive their rights to have their case heard by the Court at this time. IN WITNESS THEREOF, and intending to be legally bound thereby, the parties hereto have hereunto set their hands and seals the day and year first above written. K?istbpher T. Smull, Esquire Michelle A. James Attorney for Plaintiff Plaintiff \'J Jo J. nnelly, Es i e ouglas T ames 0 r Defen ant Defendant 0 C) mr: d .. m -1-71 : } _ CO MICHELLE A. JAMES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-1766 Civil Term DOUGLAS T. JAMES, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 27, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before the divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 1 Date: Michelle A. James ? ° ? ? ? -? Y? S ?1 ?? . ? .-+f Y t: <... ? ? ?'i-T ?ti ?. ? ? ? ? ? ? _ _ ; ?• W MICHELLE A. JAMES, Plaintiff V. DOUGLAS T. JAMES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1766 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division ofproperty, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. DATE: Michelle A. James -? iT o m -Z2 i MICHELLE A. JAMES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-1766 Civil Term DOUGLAS T. JAMES, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 27, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before the divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: /,,7- - 07 - 61 -7 t7 C=? a -M t7 rM X r cra' to MICHELLE A. JAMES, Plaintiff V. DOUGLAS T. JAMES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1766 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division ofproperty, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: G7 - U7 Douglas e James r4k o ? Cl) v s IMP ^S s 4 it Vft MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff MICHELLE A. JAMES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-1766 Civil Term DOUGLAS T. JAMES, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: service was made by United States Mail, first class, postage prepaid, certified, restricted, docketed to No. 7000 1530 0002 5776 1541, on April 4, 2006. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff, Michelle A. James, on December 17, 2007; by Defendant, Douglas T. James, on December 7, 2007. 4. Related claims pending: Settled by Agreement dated December 7, 2007. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Waiver of Notice is being filed simultaneously herewith. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Waiver of Notice is being filed simultaneously herewith. Respectfully Submitted: MARIA P. CO NETTI & ASSOCIATES i11 Date: BY: 1 KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff ? o ( n _TJ r ti .' C) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MICHELLE A. JAMES, IT I5 ORDERED AND AND NOW, -75e44,,,?4, "` 2007 Plaintiff VERSUS DOUGLAS T. JAMES, Defendant x No. 06-1766 CIVIL TERM DECREE IN DIVORCE DECREED THAT AND MICHELLE A. JAMES DOUGLAS T. JAMES ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of the parties' Property Settlement Agreement dated December 7, 2007, and attached hereto, are incorporated herein but not merged herewith. BY TH COURT: ATT J PROTHONOTARY ? i e MICHELLE A. JAMES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-1766 CIVIL TERM DOUGLAS T. JAMES, IN DIVORCE Defendant PACSES Case No: 837109168 ORDER OF COURT AND NOW to wit, this 22nd day of January 2008, it is hereby Ordered that the Domestic Relations Section dismiss their interest, without prejudice, in the above captioned Alimony matter pursuant to the parties' stipulation of January 16, 2008 that the Alimony be paid directly and not through the Domestic Relations Section. The parties further agree that there is no balance due through the Domestic Relations Section. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: ,t - .4 Ai? Kev' . Hess, J. DRO: R.J. Shadday xc: Petitioner Respondent Form OE-001 Service Type: M Worker: 21005 January 14, 2008 Ms. R.J. Shadday APL Coordinator Domestic Relation Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 PACSES Case Number: 897109146 Dear Ms. Shadday: n.Sk? ;zt.oE Please see attached documents of copied checks that show payment to Michelle A. James for Child Support for the month of December 2007. Each check was in the amount of $500.00. The total payment for the month of December was $1000.00, check # 1258-$500.00, dated 11/29/07 & check #1272-$500.00, dated 12/19/07. The split was $650.00 for child custody and $350.00 for Spousal Support. Please have the current income withheld from my pay adjusted back to the original amount based off a bi-weekly pay period. Thank you for your time with this situation. Best Regard Douglas T. mes 6344 Bennington Road Mechanicsburg, PA 17050 I, Michelle James, do agree that the Child Custody payment for December 2007 for the amount of $659.00 has been paid in full. A?" date: 111(1910k- Michelle A. James , CD r t JAN 312008 MICHELLE A. JAMES, Plaintiff V. DOUGLAS T. JAMES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1766 CIVIL ACTION - LAW IN DIVORCE STIPULATION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER 1. Recitals 1. The parties to this action have entered into a Property Settlement Agreement dated December 7, 2007. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") §401(a). The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p). The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A. §3502. 11. Statements of Fact Pursuant to Code §414(p) 3. This QDRO applies to the Knouse Foods Retirement Savings and Investment Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate's Payee's rights as stipulated under this Order. 4. Douglas T. James ("Participant") is a participant in the Plan. Michelle A. James ("Alternate Payee"), is the alternate payee for purposes of this QDRO. EII P 2 003 FEB -8 Pr3 12: 3 I The Participant's name, mailing address, social security number, and date of birth are: Name: Douglas T. James Home Address: 1 Bridgeport Drive Mechanicsburg, PA 17050 SS#: 182-50-3621 DoB: April 18, 1961 6. The Alternate Payee's name, mailing address, social security number, and date of birth are: Name: Home Address: SS#: DoB: Michelle A. James 4066 Darius Drive Enola, PA 17025 148-74-5270 June 24, 1967 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is: Seventeen Thousand Two Hundred Dollars ($17,200.00). The Alternate Payee's portion of the benefits described above shall be segregated and separately maintained in an account established on her behalf and shall be credited with any investment income attributable thereto from December 7, 2007, until the date of total distribution to the Alternate Payee. Her account shall be established in the same ratio as the Participant's accounts as regards any elective deferral account, nondeductible employee account, qualified nonelective contribution account, employer contribution account, or rollover/transfer account and as regards any investment mix attributed to the Participant's accounts. However, the investment mix shall not include any loan to the Participant which is treated by the Plan as an investment sub-account of the Participant. III. Recitals Pursuant to Code §414(p)(3) 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 2 IV. Time and Manner of Payment 11. If the Alternate Payee so elects, the Plan shall distribute the amount designated in paragraph 7 of this QDRO, together with allocable earnings, as soon as administratively feasible following the Plan Administrator's approval of this Order. If the Plan does not permit an immediate distribution of this amount, the Plan shall pay such amount at the Participant's earliest retirement age as defined by Code §414(p)(4)(B), subject to the Alternate Payee's election. 12. Benefits are to be payable to the Alternate Payee in any form or permissible option otherwise available to the Participant and alternate payees under the terms of the Plan, including, but not limited to, a lump sum cash payment. The Alternate Payee shall execute any forms required by the Plan Administrator. 13. On and after the date that this order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to active participants, including, but not limited to, the rules regarding withdrawals and distributions, the right to name a beneficiary, and the right to direct her Plan investments to the extent permitted under the Plan. 14. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfinn the qualified status of the order at the time benefits become payable hereunder. 16. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that he/she has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that he/she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. 17. In the event that the Participant's benefits, or any portion thereof, become payable to the Participant as a result of termination or partial termination, then the Alternate Payee shall be entitled to commence his/her benefits immediately in accordance with the terms of this QDRO and in accordance with the termination procedures of the Plan. 18. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 19. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 20. Until the Plan completes payment of all benefits pursuant to this QDRO, the Plan shall treat the Alternate Payee as a surviving spouse for purposes of Code §§401 (a)(] 1) and 417, but the Alternate Payee shall receive, as surviving spouse, only the amount described in paragraph 7 of this QDRO. The sole purpose of this paragraph 20 is to ensure payment to the Alternate Payee in the event of Participant's death prior to payment by the Plan of the amount described in paragraph 7 of this QDRO. In the event of the Alternate Payee's death prior to the payment by the Plan of all benefits pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO to any beneficiary designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. If the last Beneficiary Designation form filed with the Plan Administrator by the Participant prior to his/her death predates this QDRO and names the Alternate Payee as a beneficiary; then, the terms of this QDRO shall alone govern the Alternate Payee's share of any death benefit, and for the purpose of distributing any remaining death benefit payable under the Plan pursuant to the latest filed Beneficiary Designation form, the Alternate Payee shall be treated as having predeceased the Participant. No portion of any remaining death benefit shall be payable to the Alternate Payee's estate. V. Procedure for Processing this QDRO 21. The Plan shall treat this QDRO in accordance with Code §414(p)(7). While the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 22. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 23. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. 4 ACCEPTED AND ORDERED this F day of 2008. CONSENT TO ORDER: as 'T. James, %fticipant Date AUAAN l j ! oY Kristopher T. Smull, Esquire Date Attorney for Alternate Payee 5 Vkhtelle A. James, Alte to Payee Date C? L } :. co Lu r ?i 1 r co r.._ t= v JAN 312008 .4-it . MICHELLE A. JAMES, Plaintiff V. DOUGt_ AS T. JAMES. Defendant IN THF. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1766 CIVIL. ACTION -- LAND' IN DIVORCE STIPULATION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER This Order relates to the provision of marital property rights to the Alternate Payee. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a ;portion of the Participant's vested accrued benefit payable under an employer sponsored defined bi;nefit plan which is intended to be qualified underSection 401(a) of the internal Revenue Code of I 986, as amended (the "Code"). The Court intends this Order to be a Qualified Domestic Relations Order ((`QDRO") within the meaning ofCode Section 414(p) and 206(4) ofFmployee Retirement income Security Act of 1974, as amended ("ERISA" ). ? I hit Order Applies to the Amended an6 Restated Retirement Plan for Employees of 'Knotj?c Foods Cooperative, Inc. (the "Plan" sponsored by ri nouse Foods Cooperative. Inc. (the orTlr:a .N "). Further, this Order shall apply to anv successor plan to the Plan or any other plao3ls) W v;h!ch iiabflht-y for provision of the Participant's benefits d,,s: ribc?d be'-wv is ir,cutred. Any bend t : acc;-ucd by he Participant undcr a predecessor plan of the Company or any other define bef,elli _--lan sponsored by the Company, v,,hereby liability for benefits accrued under such predecessor pian or otter defined benefit plain has been tra isterred to the Plan, shall also bc; subject to th terns of ',,his Order. Any 1hanses in the naiiae of the Plaii Aijr,iu'istrato!-, Plan Sponsor. or the Plan shall not affect Alternate Payee's rights as stipulated }adder this Order. 4. Douglas T. Jaynes ("Participant") is a participant in the Plan. Michelle A. James ("Alternate Payee"), the former spouse of the Participant, is tLe :alternate payee for purposes of this QDR0. The Participant's name, mauling address, social security number and date of bird-, arc;: Dt:aglas T. James Bridgeport Drive ivleE:h;;nicsburg, PA 17050 Social Security ,?: I M2-50-3021 Date of Birth: Ap;il 1S, 1961 IA1071173 1j co . 4a Q ? ` C] 6. The Alternate Payee's name, mailing address, social security number and date of birth are: Michelle A. James 4066 Darius Drive Enola, PA 17025 Social Security #: 148-74-5270 Date of Birth: June 24, 1967 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in her mailing address subsequent to the entry of this Order. 7. This Order is intended to award the Alternate Payee a portion of the Participant's retirement benefit which is payable over the life of the Alternate Payee. The Alternate Payee shall be awarded the sum of $373.33 per month of Participant's annuity benefit, including a pro rata share of any cost of living, or other increases that are not the result of Participant's contributions or efforts. The balance of the funds in the Plan are to be the sole and separate property of the Participant. 8. The Alternate Payee may elect to commence receipt of her assigned benefit no earlier than the first of the month following the Participant's attainment of the earliest retirement age as defined by Code Section 414(p)(4)(B) and no later than the date the Participant commences benefits, as specified by the Plan. The Alternate Payee will be responsible to notify the Plan Administrator in writing within sixty (60) days prior to the date she wishes to commence benefits. The Alternate Payee may elect to commence the assigned benefit in any form of payment available under the Plan except a "joint-survivor annuity" with a subsequent spouse. 9. Upon commencement of the Participant's or the Alternate Payee's benefit, the Participant's death will have no affect on the Alternate Payee's assigned benefit. The Alternate Payee is designated as Surviving Spouse under the Qualified Pre-Retirement Survivor Annuity Provision of the Plan. Should the Participant die before either the Participant's or the Alternate Payee's commencement, the Alternate Payee shall be designated Pre-Retirement Survivor Spouse on the following portion of the Participant's benefit: The sum of $373.33 per month including a pro rata share of any cost of living, or other increases that are not the result of Participant's contributions or efforts. For purposes of determining the eligibility for such surviving spouse benefit, the Alternate Payee and the Participant have satisfied the one year marriage requirement as enumerated in Code Sections 401(a)(11) and 417(d) and as may be required under the provisions of the Plan. 10. If Alternate Payee predeceases Participant before her benefit commencement date, her assigned share of the Participant's vested accrued benefit shall revert to the Participant. Should the Alternate Payee predecease the Participant after her benefit commencement date, then such remaining benefits, if any, will be paid in accordance with the form of benefit elected by such Alternate Payee. (A1071173:1} 2 11. On and after the date that this Order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to active participants except a joint and survivor annuity to a subsequent spouse. 12. All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties, including the information the Plan Administrator requires to make the necessary calculation of the benefit amounts contained herein. 13. It is the intention of the parties that this Order continue to qualify as a QDRO under Code Section 414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 14. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this Order. the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. 15. The Participant shall not take any actions, affirmative or otherwise, that can circumvent the terms and provisions of this Order, or that could diminish or extinguish the rights and entitlements of the Alternate Payee as set forth herein. In the event the Participant takes any action or inaction to the detriment of the Alternate Payee, he shall be required to make sufficient payments directly to the Alternate Payee to the extent necessary to neutralize the effects of his actions or inactions and to the extent of the Alternate Payee's full entitlements hereunder. 16. In the event that the Participant's accrued benefits, or any portion thereof, become payable to the Participant as a result of termination or partial termination of the Plan, then the Alternate Payee shall be entitled to commence her benefits immediately in accordance with the terms of this Order and in accordance with the termination procedures of the Plan and the Pension Benefit Guaranty Corporation ("PBGC"). Further, should the Participant's accrued benefit be reduced as a result of such termination or partial termination of the Plan, then the amounts otherwise payable to the Alternate Payee under this Order shall be reduced to the same extent and in the same ratio as the Participant's benefit shall be reduced. 17. After payment of the amount required by this Order, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. {A 1071 173:1) 18. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this Order. 19. This Order does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 20. This Order does not require the Plan to provide increased benefits determined on the basis of actuarial value. 21. This Order does not require the Plan to pay any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order that was previously determined to be a QDRO. 22. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this Order and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this Order. The Plan Administrator shall determine the qualified status of the Order and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this Order. 23. In the event that the Plan Administrator determines that an overpayment has been made to the Participant and/or the Alternate Payee for any reason, and the parties cannot come to an agreement regarding their respective liability toward the Plans recoupment of such overpayments, the Court shall retain jurisdiction regarding the allocation of such repayments to the Plan between the Participant and the Alternate Payee. 24. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. ACCEPTED AND ORDERED this *` day of 12008. BY THE COURT: Judge JAI071173:11 ,ter 0 00y 4 CONSENT TO ORDER: t s" c Doug as T ames, art' ipant Date 0 or PMichelle A. James, Al ate Payee Date j. nnel)ii Jr-' s uire Date JKri kber. 111, Esquire Date Attorney for Alternate Payee IA1071173:1 i ? Q c? ? S CO