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HomeMy WebLinkAbout06-2745HAROLD a. IRWIN, 111, WOMEN ATTORNEY ID 00.29M "SOUTH PITT aTREET cARL1aLE PA 17013 (717) 1434M ATTORNEY FOR PLAINTIFF NIKI N. GRAHAM, : IN THE COURT OF COMMON PLEAS OF Plalntm : CUMBERLAND COUNTY, PENNSYLVANIA Y. : CIVIL ACTION - LAW CIVIL TERM NO. 2006 -9-7'1 JAMES E. GRAHAM, Defendant : IN DIVORCE NOTICE 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Cumberland County Courthouse, 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 Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 NIKI N. GRAHAM, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA JAMES E. GRAHAM, Dofendent CIVIL ACTION - LAW NO. 2006 --Z 2y4f CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE NOW, comes the plaintiff, by her attorneys, Irwin & Bayley, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is NIKI N. GRAHAM, an adult individual residing at 99 West Main Street, Walnut Bottom, Cumberland County, Pennsylvania 17266. 2. The defendant is JAMES E. GRAHAM, an adult individual residing at 852 Oakville Road, Newville, Cumberland County, Pennsylvania 17241. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce, 4. The parties were married on May 11, 1985, in Newville, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that she has been advised of the availability of counseling and that he has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. I verify that the facts contained herein are true and correct. 1 understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. May 12, 2006 oKa - NIKI N. GRAN A, Plaintiff HAROLD S. IRWIN,11 Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 NIKI N. GRAHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION W : NO. 2006 -,2 y4 CIVIL TERM JAMES E. GRAHAM, . Defendant : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, 1 do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. May 12, 2006 6:?= NIKI N. GRAHAM, Plaintiff • O v C K, a N ? A., o o e c l o zn cn 0 m? ' rn NIKI N. GRAHAM, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006 -.17'lb' CIVIL TERM JAMES E. GRAHAM, Defendant IN CUSTODY COMPLAINT FOR CUSTODY NOW come the plaintiff, NIKI M. GRAHAM, by her attorneys, Irwin & Bayley, and presents the following complaint for custody, representing as follows: 1. The plaintiff is NIKI N. GRAHAM, an adult individual residing at 99 West Main Street, Walnut Bottom, Cumberland County, Pennsylvania 17266. 2. The defendant is JAMES E. GRAHAM, an adult individual residing at 852 Oakville Road, Newville, Cumberland County, Pennsylvania 17241. 3. The parties were married on May 11, 1985, but separated on or about February 25, 2006. 4. The parties are the parents of three children, two of which are minors, namely, KYLE A. GRAHAM (born September 1, 1992) and TAYLOR R. GRAHAM (born October 1, April 30, 1994), who have lived with both parties since the parties separation. 5. Neither party has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 6. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. The best interests and permanent welfare of the children require that the parties have joint legal custody of the children, but that the plaintiff have primary physical custody, subject to periods of partial physical custody with the defendant. WHEREFORE, the plaintiffs request that the court enter an order providing for the legal and physical custody of the children as aforesaid. May 12, 2006 HAROLD S. IRWIN, II Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013-3220 (717) 243-6090 Supreme Court I.D. No. 29920 VERIFICATION I do hereby verify that the facts set forth in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. May 12, 2006 NIKI N. GRAHA Q rn tJl ? NIKI N. GRAHAM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-2745 CIVIL ACTION LAW JAMES E. GRAHAM IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, May 19, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, June 19, 2006 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 L?_a .- Ci pt C\j t ri n1 3 Lj L!J N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Niki N. Graham, ) Civil Action - Law Plaintiff, ) vs. ) No. 06-2745 James E. Graham, ) Defendant, ) Custody MOTION FOR CONTINUANCE AND NOW, comes the within Defendant, James E. Graham, by and through his attorney, Michael J. Connor, Esquire, of Barley Snyder, and represents as follows: 1. A Pre-Hearing Custody Conference is scheduled for Monday June 19, 2006 at 9:30 a.m. 2. Attorney for Defendant, Michael J. Connor, Esquire, is unavailable on that date due to a previously scheduled Pre-Hearing Conference in Franklin County on that date and time. 3. The Plaintiff is represented by Harold S. Irwin, III, Esquire, who concurs with this request for a continuance. WHEREFORE, Defendant requests your Honorable Court to make an Order approving the continuance of the hearing. Respectfully submitted, BARLEY SNYDER, LLC By: Michael J. Connor, squire Attorney for Defendant 247 Lincoln Way East Chambersburg, PA 17201 (717) 264-6494 I.D. No. 75927 1642707 I verify that the statements made in this Motion are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: (0 I-7 ( 2400 v` - ('/".. Michael J. Connor, Esquire, Attorney for Defendant 1642707 0 C=D -f7 co - ? '-mac _ NIKI N. GRAHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2006 - 2745 CIVIL TERM JAMES E. GRAHAM, Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, JAMES E. GRAHAM, defendant in this divorce action, hereby certify that I received a certified copy of the complaint in divorce on or about May 23, 2006, by U.S. mail. I verify that the statements made in this acceptance of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. May , 2006 1?1. 5?ZL J ES E. GRAHAM Defendant 852 OAKVILLE ROAD NEWVILLE, PA 17241 S M c? m -c7 ? C i " -rn -,J j13X:.???=a- NIKI N. GRAHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2745 CIVIL ACTION - LAW JAMES E. GRAHAM, . Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 0 day of V 6F 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Niki N. Graham and the Father, James E. Graham, shall have shared legal custody of Kyle A. Graham, born September 1, 1991 and Taylor R. Graham, October 1, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major note-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records; the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of Taylor. Father shall have primary physical custody of Kyle!. The parents shall have periods of partial physical custody of the children on alternating weekends such that the children shall be together every weekend, alternating between the parents from Friday at 6:00 p.m. to Sunday at 6:00 p.m. Father shall have the first weekend, July 14 to July 16, 2006. 3. Transportation shall be shared such that the receiving party shall transport. 5 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for October 16, 2006 at 9:30 a.m. BY J. cc..A ld S. Irwin, III, Esquire, Counsel for Mother ichael J. Connor, Esquire, Counsel for Father ?I\ x I r.., Fl ! I? 6S #I`? 6 # ii'' 9 9E hr „•, a Hi JO kr NIKI N. GRAHAM, Plaintiff V. JAMES E. GRAHAM, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-2745 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kyle A. Graham September 1, 1991 shared Taylor R. Graham October 1, 1994 shared 2. A Conciliation Conference was held in this matter on July 13, 2006, with the following in attendance: The Mother, Niki N. Graham, with her counsel, Harold S. Irwin, III, Esquire, and the Father, James E. Graham, with his counsel, Michael J. Connor, Esquire. 3. The parties agreed to an Order in the form as attached. 1-1q-4 A,V Date ac line M. Verney, Esquire Cus ody Conciliator i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Niki N. Graham, ) Civil Action - Law Plaintiff, ) VS. ) No. 2006-2745 James E. Graham, ) Defendant, ) Iu Divorce A v.m.. PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE To the Prothonotary: Please withdraw the appearance of Barley Snyder LLC as counsel for the Defendant in the above-captioned case and enter the appearance of Martha B. Walker, Esquire as counsel for the Defendant. BARLEY SNYDER LLC Date: 11-11(zoo6 By: Michael J. Connor, Esquire Attorney for Defendant Attorney I.D. #75927 247 Lincoln Way East Chambersburg PA 17201 (717)264-6494 Date: artha B. Walker, Esquire Attorney for Defendant 1674791-1 ,._> ? li t _, _t i q. G C j 1 3 2006 W NIKI N. GRAHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2745 CIVIL ACTION - LAW JAMES E. GRAHAM, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 11`h day of October, 2006, the Conciliator being advised that the parties are satisfied with the current Order of Court, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, cqu . e M. Verney, Esquire, Custody C ciliator HAROLD S. IRWIN, 111, ESQ ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF NIKI N. GRAHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2006 - 2745 CIVIL TERM JAMES E. GRAHAM, : Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Daniel R. Beecher, Defendant, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of the master is requested (2) The defendant has appeared in the action by his attorney, Martha B. Walker, Esquire. (3) The statutory grounds for divorce as stated by plaintiff are Section 3301 (c) and 3301 (a.6.c.) (4) Delete the inapplicable paragraph(s): (a) The action is contested. (c) The action is contested with respect to the following claim(s): ALL (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one-half day. (7) Additional information, if any, relevant to the motion: Nor}. A April 3, 2007 HAROLD S. IRWIN, III Attorney for Defendan ORDER APPOINTING MASTER NOW, this day of 2007, E. ROBERT ELICKER, II, ESQUIRE, is appointed master with respect to the following claims: By the Court, J. HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF NIKI N. GRAHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2006 - 2745 CIVIL TERM JAMES E. GRAHAM, Defendant : IN DIVORCE NOTICE 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Cumberland County Courthouse, 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 Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 V NIKI N. GRAHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2006 - 2745 CIVIL TERM JAMES E. GRAHAM, Defendant : IN DIVORCE AMENDED COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) 3301 A 6 M AND OF THE DIVORCE CODE NOW, comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is NIKI N. GRAHAM, an adult individual residing at 403 West Main Street, Walnut Bottom, Cumberland County, Pennsylvania 17266. 2. The defendant is JAMES E. GRAHAM, an adult individual residing at 852 Oakville Road, Newville, Cumberland County, Pennsylvania 17241. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on May 11, 1985, in Newville, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. In addition, pursuant to the Divorce Code, Section 3301(a)(6)(c), the plaintiff avers as a ground upon which this action is based that the plaintiff is the injured spouse and that the defendant has offered such indignities to her as to render her condition intolerable and life burdensome. 7. The plaintiff avers that she has been advised of the availability of counseling and that he has the right to request that the court require the parties to participate in counseling. COUNT 11 Alimony Pendente Lite, Attorney Fees, Costs and Expenses 8. Plaintiff incorporates by reference the averments contained in paragraphs one through seven of her complaint. 9. By reason of this action, plaintiff will be put to considerable expenses in the preparation of her case, in the employment of counsel and in the payment of costs. 10. The plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and unable to appropriately maintain herself during the pendency of this action. 11. The plaintiff's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 12. The defendant does have adequate earnings and assets to provide support for the plaintiff and to pay her counsel fees and expenses. COUNT III Alimony 13. Plaintiff incorporates by reference the averments contained in paragraphs one through twelve above. 14. Plaintiff lacks sufficient property to provide for her reasonable needs. 15. Plaintiff is unable to sufficiently support herself through appropriate employment. COUNT 111 Equitable Distribution 16. Defendant has sufficient income and assets to provide continuing support for the plaintiff. 17. Plaintiff incorporates by reference the averments contained in paragraphs one through sixteen of her complaint. 18. During the parties marriage they accumulated substantial personal and real property assets over which the defendant maintain total control and which are subject to equitable distribution. WHEREFORE, the defendant requests the Court to enter a Decree: A. Dissolving the marriage between the parties; B. Ordering payment of alimony pendente lite, counsel fees and expenses as the Court deems just and reasonable; C. Awarding alimony as the Court deems just and reasonable; D. Equitably distributing all assets and liabilities of the marriage; E. Ordering plaintiff to maintain health insurance coverage on defendant; and F. For such further relief as the Court may deem equitable and just. April 3, 2007 HAROLD S. IRWIN, 111 Attorney for Plaintiff k 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 M' VERIFICATION I verify that the facts contained in the foregoing Amended Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. April 3, 2007 QNA<VL? NIKI N. GRAHA `- c W V ca P t-1 E APR 0 9 2007 AMY HAROLD S. IRWIN, 111, ESQ ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17015 (717) 245-6090 ATTORNEY FOR PLAINTIFF NIKI N. GRAHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2006 - 2745 CIVIL TERM JAMES E. GRAHAM, Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Daniel R. Beecher, Defendant, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of the master is requested. (2) The defendant has appeared in the action by his attorney, Martha B. Walker, Esquire. (3) The statutory grounds for divorce as stated by plaintiff are Section 3301 (c) and 3301 (a.6.c.) (4) Delete the inapplicable paragraph(s): (a) The action is contested. (c) The action is contested with respect to the following claim(s): ALL (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one-half day. (7) Additional information, if any, relevant to the motion: Nor. A April 3, 2007 HAROLD S. IRWIN, III Attorney for Defendai ORDER APPOINTING MASTER NOW, this jeday of 2007, E. ROBERT ELICKER,11, ESQUIRE, is appointed master with respect to the following claims: Sx the Coin N . I f .` r7_ ? r7l rr?5 i+, Fri - - ? , ..... - • , ? a _ ' LU iJ 1 (D 0 N NIKI N. GRAHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2745 JAMES E. GRAHAM, CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE TO WITHDRAW/ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel for the Plaintiff, Niki N. Graham, in the above- captioned action. Date: sa3(«x Harold S. Irwin III, Irwin Law Offi 64 South Pitt Stree Carlisle, PA 17013 (717) 243-6090 TO THE PROTHONOTARY: Please enter the appearance of John J. Connelly, Jr., Esquire, on behalf of the Plaintiff, Niki N. Graham, in the above-captioned action. Date: A Z-1 ug By: tei. elly, Jr., Es#15615 Post Office Box 650 Hershey, PA 17033 (717) 533-3280 CD NMI N. GRAHAM, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA JAMES E. GRAHAM, Defendant : NO. 06-2745 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO WITHDRAW CLAIMS TO THE PROTHONOTARY: Please withdraw the claims for equitable distribution, alimony, alimony pendente lite, attorney fees, costs and expenses in the above-captioned divorce action. Dated: Lo 0 $ By: JAMES, SMITH, DIETTERICK & CONNELLY, LLP o C-OZIA Jr. tt 615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff T LJ `J1 E"?l DO C71 NIKI N. GRAHAM, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA JAMES E. GRAHAM, Defendant NO. 06-2745 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT I . A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 15, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE I . I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Date: '/Il 0(? Niki N. Grab laintiff CA) i Walker, Connor & Johnson LLC 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 (717) 262-2187- Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Niki N. Graham, ) Civil Action - Law Plaintiff, ) vs. ) No. 2006-2745 - Civil Term James E. Graham, ) Defendant, ) In Divorce a v.m. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce Under Section 3301(c) of the Divorce Code was filed on May 15, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of both 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION & 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: WZ 610Y J es E. Graham, Defendant ?'l r? C?` ? "['1 - ? t ,.,?, =, w "? ?;. ^: - _ ?- - - N .. _ ?-.- . [.t"1 ?;: . :? -'C NIKI N. GRAHAM, Plaintiff VS. JAMES E. GRAHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 2745 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this p-cUrd- day of , 2008, the economic claims raised in the procee ings having been resolved in accordance with a property and separation agreement dated June 16, 2008, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. cc: John J. Connelly, Jr. Attorney for Plaintiff Martha B. Walker Attorney for Defendant 00Pe" ,nat LeL ?A2169 BY THE COURT, ?? A Edgar B. Bayley, P.J. Lf? LE LLJ U- a C C-i PROPERTY AND SEPARATION AGREEMENT BETWEEN NIKI N. GRAHAM AND JAMES E. GRAHAM WALKER, CONNOR & JOHNSON, LLC 247 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 717-262-2185 AGREEMENT made this day of JU17,e- , 2008, by and between Niki N. Graham of Walnut Bottom, Cumberland County, Pennsylvania, hereinafter referred to as "Wife", and James E. Graham of Newville, Cumberland County, Pennsylvania, hereinafter referred to as "Husband". Wn ESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on May 11, 1985 in Newville, Cumberland County, Pennsylvania. There were three children born of this marriage, said children being: Travis I Graham, an adult, Kyle A. Graham, born September 1, 1991, and Taylor R. Graham, born October 1, 1994; 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 their respective financial rights and obligations as between each other including, but not limited to: settling of matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and Husband by Wife; WHEREAS, the parties hereto wish finally and for all time to settle and determine their respective property and other rights growing out of their marital relation; wish to live separate and apart; and, wish to enter into this property and separation Agreement; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; WI-IEREAS, Wife acknowledges that she is thoroughly conversant with and accurately knows the size, degree, and extent of the estate and income of Husband, and Husband 2 acknowledges that he is thoroughly conversant with and knows accurately the size, degree and extent of the estate and income of Wife; NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, John J. Connelly, Jr., Esquire, for Wife and Martha B. Walker, Esquire, for Husband. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he or she, in the procurement and execution of this Agreement, has not been subjected to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. 2. WARRANTY OF DISCLOSURE: The parties warrant and represent that they have made a full disclosure of all assets and their valuations prior to the execution of this Agreement. This disclosure was in the form of an 3 informal exchange of information by the parties' attorneys and this Agreement between the parties is based upon this disclosure. 3. PERSONAL RIGHTS AND SEPARATION: Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarred. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 4. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) or (d) of the Divorce Code of 1990. 5. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this 4 Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all times. 6. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. PERSONAL PROPERTY: a. Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power in him or her to dispose of the same as fully and effectually, as though he or she were unmarried. b. The parties agree to execute any paperwork necessary to transfer ownership of any of the personal property into the sole name of the party retaining such property. C. Husband shall retain the John Deere tractor. 5 8. BANK ACCOUNTS: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held fluids. 9. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: a. The 2002 Saturn L300 Sedan, the 1991 Ford F-250 Pickup and the 2001 Suzuki Intruder shall become the sole and exclusive property of Husband. b. The 2003 Nissan Sentry XE shall become the sole and exclusive property of Wife. C. The titles to the said motor vehicles shall be executed by the parties, if appropriate, for effecting transfer as herein provided, on the date of execution of this Agreement and said executed titles shall be delivered to the proper parties on the distribution date. If necessary, the parties will execute any documents relating to the transfer of car insurance. 10. AFTER ACQUIRED PERSONAL PROPERTY/REAL ESTATE: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, and any real estate 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. 11. LIFE INSURANCE BENEFICIARY: The parties fiirther stipulate and agree that Wife shall remain the beneficiary under a certain group life insurance policy through Husband's employer in the amount of $10,000 until 6 September 1, 2013. This beneficiary designation shall be unaffected by the entry of any Decree in Divorce issuing between the parties. 12. REAL ESTATE/PAYMENT TO WIFE: The parties hereto acknowledge and agree that they are owners of a certain improved tract of real estate located at 852 Oakville Road, Newville, Cumberland County, Pennsylvania, which is presently encumbered with a mortgage to Countrywide. For and in consideration of the mutual covenants and agreements herein contained in the body of this instrument, Husband and Wife further stipulate and agree that Wife will convey all of her right, title, claim and interest in said real estate to Husband and Husband shall refinance the mortgage to remove Wife's name from any liability therefore within ninety (90) days of the date of this Agreement. Counsel for Wife shall retain in escrow the fully executed Deed transferring title to Husband as referenced herein to be recorded at the time of the refinancing. Husband shall pay to Wife at the time of the refinance settlement the sum of Sixty-seven Thousand Six Hundred ($67,600.00) Dollars of which $24,000.00 shall be paid in cash and the balance of $43,600.00 by way of a QDRO transferring said amount from Husband's 401(k) at Martin's Famous Pastry Shoppe, Inc. to Wife's 401(k) at Select Medical. Additionally, Husband shall rollover the sum of $8,720.00 representing twenty (20%) percent for Wife's anticipated tax liability. 13. RECIPROCAL WAIVERS OF PENSION INTERESTS. a. The parties recognize that Husband has a 401(k) plan as a result of his employment with Martin's Famous Pastry Shoppe, Inc. For the mutual promises and covenants contained in this Agreement, Wife hereby waives all right, title, claim or interest she may have by equitable distribution or otherwise in this plan. 7 b. The parties recognize that Wife has a 401(k) plan as a result of her employment with Select Medical Corporation which includes a rollover amount from a prior employer. For the mutual promises and covenants contained in this Agreement, Husband hereby waives all right, title, claim or interest he may have by equitable distribution or otherwise in this plan. C. Each party specifically waives any and all rights to pre-retirement death benefits and survivor benefits under the other's pension or retirement plan(s) and each acknowledges that the effect of this waiver is that he or she will not be entitled to any benefits whatsoever from these contracts, plans or accounts if the other dies before or after reaching retirement age and each agrees and unequivocally consents to the designation by the other of any alternate or further beneficiaries at any time. The parties fiuther agree that they will execute any documents necessary to waive their respective claims in each other's pension or retirement plan(s) as referenced herein. 14. DEBTS: 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 the execution of this Agreement. 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 other party 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 8 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 debtor's exempt property sufficient to meet all obligations to the creditor spouse as set forth herein, including all attomey's fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation 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 obligations 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. 15. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other parry may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising: out of this Agreement. 16. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from 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 and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 9 17. WAIVER OF SUPPORT: a. Husband hereby waives all right to claim against Wife support, alimony, alimony pendente lite, counsel fees and expenses. b. Wife hereby waives all right to claim against Husband support, alimony, alimony pendente lite, counsel fees and expenses, except as provided for in Paragraph 18 herein relating to future alimony. 18. SPOUSAL SUPPORTlALIMONY: Husband and Wife further understand, acknowledge and agree that Husband is currently under an Alimony Pendente Lite Order to Wife in the amount of One Hundred Seventy-nine Dollars ($179.00) per month, payable through and collected by the Cumberland County Domestic Relations Office indexed to PACSES Case No. 869108307. Wife further stipulates and agrees that she shall prepare at her own expense a suitable Stipulation and proposed Order terminating the current Alimony Pendente Lite Order and replacing it with an Alimony Order, same to be collected through the Domestic Relations Agency, as outlined below, commencing July 1, 2008 and terminating August 31, 2013. Based upon those conditions hereinabove set forth in the foregoing paragraph, it is stipulated and agreed by and between the parties hereto that commencing July 1, 2008 Husband shall pay to Wife alimony in the sum of Two Hundred Fifty ($250.00) Dollars per month until August 31, 2013 or until Wife's remarriage or cohabitation. Cohabitation shall be defined as two parties living together as husband and wife assuming marital rights, duties and obligations which are usually manifested by married people. Cohabitation in order to terminate alimony must continue for a period of sixty (60) days. This determination of alimony is contractual. in nature, is non-modifiable and is based upon Wife's waiver of interest in certain marital property rights 10 together with Husband's assumption of the parties' former joint debt. Neither party hereafter shall be able to modify the existing Alimony Agreement based upon a showing of changed circumstances; the present Agreement, specifically the amount of alimony or the duration of alimony, is intended to reflect the actual equities existing as of the date of separation of the parties, with ample reference being made to their respective contributions to the marital estate and relative needs, and as such, is non modifiable in nature for any reason or purpose. The parties agree that the entire amount being paid to Wife pursuant to this paragraph is a separate maintenance periodic payment, included and intended to be included within the income of Wife within the meaning and intent of Section 71 of the United States Internal Revenue Code of 1986, and is deductible from Husband's gross income pursuant to the provisions of Section 215 of the Internal Revenue Code of 1984. Wife agrees that all said payments shall be included as income of the Wife in her applicable tax returns, and that she shall pay such taxes as may be required by such inclusion. 19. MUTUAL RELEASES: Husband and Wife each do hereby mutually remise, release, quitclaim 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 interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower, curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowances, or under the intestate laws, or the right to take against 11 the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a frill, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 20. BANKRUPTCY: The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued obligations to the other, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. 21. INCOME TAX PRIOR RETURNS: a. Husband agrees that in the event any deficiency in Federal, state or local income tax is proposed, or any assessment of any such tax is made against Wife by reason of her having joined in the filing of said joint returns, Husband will indemnify and hold Wife harmless from and against any loss or liability for any such tax deficiency or assessment and any interest, 12 penalty, and expense incurred in connection therewith, and such tax, interest, penalty or expense shall be paid solely and entirely by Husband, unless said tax, interest, penalty or expense is finally determined to be attributable to misrepresentation or failure to disclose the nature and extent of Wife's separate income on the aforesaid joint returns. b. Wife agrees that in the event any deficiency in Federal, state or local income tax is proposed, or any assessment of any such tax is made against Husband by reason of him having joined in the filing of said joint returns, Wife will indemnify and hold Husband harmless from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty, and expense incurred in connection therewith, and such tax, interest, penalty or expense shall be paid solely and entirely by Wife, unless said tax interest, penalty or expense is finally determined to be attributable to misrepresentation or failure to disclose the nature and extent of Husband's separate income on the aforesaid joint returns. 22. DIVORCE: Wife has commenced an action for divorce from Husband pursuant to Section 3301(c) of the Pennsylvania Divorce Code (irretrievable breakdown) by the filing of a Complaint on May 15, 2006 and docketed to Case No. 06-2745. Both parties shall, at the time of the execution of this Agreement, furnish Wife's attorney with an Affidavit of Consent and Waiver of Notice evidencing that each of them consents to the divorce. It is further agreed and understood that any decree of divorce issuing in this matter shall reflect the fact that Wife will bear the cost of same in her individual capacity. a. Each of the parties agree that this Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and 13 therefore mutually waive any and all rights they may have under Section 3501 (Equitable Distribution) of the Pennsylvania Code, Act No. 1990-206. b. This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 23. LEGAL FEES: In the review and preparation of this Agreement each party shall bear his/her own legal fees. 24. REMEDY FOR BREACH: In the event of a breach of any of the provisions by one of the parties, the remedies available to the non-breaching party are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories of equity under the divorce code, as amended, including section 3105 (which includes contempt), as if this Agreement had been an Order of Court, and shall not be limited to those remedies specifically referred to in this Agreement. In the event either party breaches any provision of this Agreement, the breaching party shall exonerate and indemnify the non-breaching party and hold the non-breaching party harmless for all losses resulting from such breach, including but not limited to, counsel fees, and costs relating to such breach, whether or not litigation is instituted. The non-breaching party shall have the right, at his or her election, to either sue for damages for such breach, in which event the breaching party shall be responsible for the payment 14 of legal fees and costs incurred by the non-breaching party and enforcing their rights hereunder, or to seek such other remedies or relief as may be available to him or her. 25. EQUITABLE DISTRIBUTION: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of December 19, 1990 (P.L. No. 1240, No. 206) known as "The Divorce Code," 23 P.S. 3501 et seq. of the Commonwealth of Pennsylvania, and as amended. 26. SUMMARY OF EFFECT OF A WEEMFNT: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 27. TAX CONSEOUENCES: By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the right of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. 15 28. MUTUAL COOPERATION/DUTY TO EFFECTUATE AGREEMENT: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all farther instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement 29. RECONCILIATION: The parties shall only effect a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this agreement shall be null and void; otherwise, this agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal effect of this agreement or cause any new marital rights or obligations to accrue. 34. SEVERABILITY: The parties agree that the separate obligations contained in this agreement shall be deemed to be independent. If any of the provisions of this agreement shall be finally detemvned to be invalid, then only that provision shall be stricken from this agreement and in all other respects this agreement shall be valid and shall continue in full force and effect. The failure of any party to meet his or her obligations under any provision of this agreement, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 16 31. NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 32. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 33. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 34. NOTICES: Any and all notices given hereunder shall be in writing and shall be sent certified mail, return receipt requested to the appropriate party. 17 35. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 36. CAPTIONS: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way affect this Agreement. 37. 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. 38. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 39. SUBSEQUENTLY DISCOVERED PROPERTY PENALTY FOR NONDISCLOSURE: Should either of the parties subsequently discover the existence of any martial property not distributed by this Agreement, said property shall be divided in the same portion as this Agreement's equitable distribution of marital property. However, if the existence of said property was knowingly concealed or its value misrepresented by one of the parties, said property shall be transferred in its entirety to the non-concealing party and the concealing party shall pay all costs, fees and attorney's fees occasioned by the failure to disclose its existence or true value. 18 IN WITNESS WHEREOF, the parties have set their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year fast above written. Witness: -, Kr (Seal) Niki N. Griiat) LY _ (Seal) J 06s E. Graham 19 COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF DAUPHIN ) On this, the day of - , 2008, before me, a notary public, the undersigned officer, personally appeared Niki N. Graham, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In Witness Whereof; I hereunto set my hand and notarial seal. Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN COMMONWEALTH OF PENNSYLVANIA otarial seat aRm. Notary PuMe Dauphin County on Expires Nov. 8, 20 09 EWMM ) SS. On this, the /? ? day of 2008, before me, a notary public, the undersigned officer, personally appeared James E. Graham, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. Notary Public NiOURM SEAL ROBIN S BEAM Notary PublIC 20 CK M • My GommW n Expims Sep 13, 2010 PROPERTY AND SEPARATION AGREEMENT BETWEEN NMI N. GRAHAM AND JAMES E. GRAHAM WALKER, CONNOR & JOHNSON, LLC 247 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 717-262-2185 AGREEMENT made this day of J0-4,e- , 2008, by and between Niki N. Graham of Walnut Bottom, Cumberland County, Pennsylvania, hereinafter referred to as "Wife", and James E. Graham of Newville, Cumberland County, Pennsylvania, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on May 11, 1985 in Newville, Cumberland County, Pennsylvania. There were three children born of this marriage, said children being: Travis J. Graham, an adult, Kyle A. Graham, born September 1, 1991, and Taylor R. Graham, born October 1, 1994; 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 their respective financial rights and obligations as between each other including, but not limited to: settling of matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and Husband by Wife; WHEREAS, the parties hereto wish finally and for all time to settle and determine their respective property and other rights growing out of their marital relation; wish to live separate and apart; and, wish to enter into this property and separation Agreement; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; WHEREAS, Wife acknowledges that she is thoroughly conversant with and accurately knows the size, degree, and extent of the estate and income of Husband, and Husband 2 acknowledges that he is thoroughly conversant with and knows accurately the size, degree and extent of the estate and income of Wife; NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, John J. Connelly, Jr., Esquire, for Wife and Martha B. Walker, Esquire, for Hulsband. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the, circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he or she, in the procurement and execution of this Agreement, has not been subjected to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other°s counsel. 2. WAY OF DISCLOSURE: The parties w t and represent that they have made a full disclosure of all assets and their valuations prior to a execution of this Agreement. This disclosure was in the form of an 3 informal exchange of information by the parties' attorneys and this Agreement between the parties is based upon this disclosure. 3. PERSONAL RIGHTS AND SEPARATION: Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or, attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 4. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either parry. 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. The parties intend to secure a mutual) consent, no-fault divorce pursuant to the terms of Section 3301(c) or (d) of the Divorce Code of 1990. 5. AGREE NT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree t the terms of this Agreement may be incorporated into any divorce decree which may be en red with respect to them. Notwithstanding such incorporation, this 4 Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all times. 6. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. PERSONAL PROPERTY: a. Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpetsy household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power in him or her to dispose of the same as fully and effectually, as though he or she were unmarried. b. The parties agree to execute any paperwork necessary to transfer ownership of any of the personal property into the sole name of the parry retaining such property. C. Husband s 1 retain the John Deere tractor. 5 8. BANK CCOUNTS: For the mutual p-omises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly-held funds. 9. MOTOR !,VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: a. The 2002! Saturn L300 Sedan, the 1991 Ford F-250 Pickup and the 2001 Suzuki Intruder shall become the sole and exclusive property of Husband. b. The 2003 Nissan Sentra XE shall become the sole and exclusive property of Wife. C. The titles to the said motor vehicles shall be executed by the parties, if appropriate, for effecting, transfer as herein provided, on the date of execution of this Agreement and said executed titles ! shall be delivered to the proper parties on the distribution date. If necessary, the parties will execute any documents relating to the transfer of car insurance. 10. AFTER-AgOUIRED PERSONAL PROPERTY/REAL ESTATE: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, and any real estate 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. 11. LIFE INSIiRANCE BENEFICIARY: The parties furthe' stipulate and agree that Wife shall remain the beneficiary under a certain group life insurance policy through Husband's employer in the amount of $10,000 until 6 September 1, 2013. This beneficiary designation shall be unaffected by the entry of any Decree in Divorce issuing between the parties. 12. REAL E$TATE/PAYMENT TO WIFE: The parties hereto acknowledge and agree that they are owners of a certain improved tract of real estate located at 852 Oakville Road, Newville, Cumberland County, Pennsylvania, which is presently encumbered with a mortgage to Countrywide. For and in consideration of the mutual covenants and agreements herein contained in the body of this instrument, Husband and Wife further stipulate and agree that Wife will convey all of her right, title, claim and interest in said real estate to Husbalnd and Husband shall refinance the mortgage to remove Wife's name from any liability therefore within ninety (90) days of the date of this Agreement. Counsel for Wife shall retain in escrow the fully executed Deed transferring title to Husband as referenced herein to be recorded at the time of the refinancing. Husband shall pay to Wife at the time of the refinance settlement the sum of Sixty-seven Thousand Six Hundred ($67,600.00) Dollars of which $24,000.00 shall be paid in cash and the balance of $43,600.00 by way of a QDRO transferring said amount from Husband's 401(k) at Martin's Famous Pastry $hoppe, Inc. to Wife's 401(k) at Select Medical. Additionally, Husband shall rollover the sum of $8,720.00 representing twenty (20%) percent for Wife's anticipated tax liability. 13. RECIPROCAL WAIVERS OF PENSION INTERESTS: a. The parties recognize that Husband has a 401(k) plan as a result of his employment with Martin' Famous Pastry Shoppe, Inc. For the mutual promises and covenants contained in this Agreem nt, Wife hereby waives all right, title, claim or interest she may have by equitable distribution otherwise in this plan. 7 b. The parties recognize that Wife has a 401(k) plan as a result of her employment with Select Medical Corporation which includes a rollover amount from a prior employer. For the mutual promises and covenants contained in this Agreement, Husband hereby waives all right, title, claim or interest he may have by equitable distribution or otherwise in this plan. C. Each party specifically waives any and all rights to pre-retirement death benefits and survivor benefits under the other's pension or retirement plan(s) and each acknowledges that the effect of this waiver', is that he or she will not be entitled to any benefits whatsoever from these contracts, plans or, accounts if the other dies before or after reaching retirement age and each agrees and unequivocally consents to the designation by the other of any alternate or further beneficiaries at any time. The parties further agree that they will execute any documents necessary to waive their respective claims in each other's pension or retirement plan(s) as referenced herein. 14. DEBTS: 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 dalte of the execution of this Agreement. 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 parry for the benefit of th other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, re eases and relinquishes any right to claim any exemption (whether granted under state or fed ral law) to any property remaining in the debtor as a defense to any 8 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 debtor's 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 provision of this Agreement. No obligation 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 obligations 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, sha11 not in any way void or alter the remaining obligations of either of the parties. 15. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and, against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of 'this Agreement. 16. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by th other after the execution date of this Agreement, except as may be otherwise specifically pr ded for by the terms of this Agreement and that neither of them shall hereafter incur any liabili whatsoever for which the estate of the other may be liable. 9 17. WAIVE OF SUPPORT: a. Husband her y waives all right to claim against Wife support, alimony, alimony pendente lite, counsel fees and expenses. b. Wife hereby Waives all right to claim against Husband support, alimony, alimony pendente lite, counsel fees and expenses, except as provided for in Paragraph 18 herein relating to future alimony. 18. SPOUSA? SUPPORVALIMONY: Husband and Wife further understand, acknowledge and agree that Husband is currently under an Alimony Pendente Lite Order to Wife in the amount of One Hundred Seventy-nine Dollars ($179.00) per month, payable through and collected by the Cumberland County Domestic Relations Offi6e indexed to PACSES Case No. 869108307. Wife further stipulates and agrees that she shall l,prepare at her own expense a suitable Stipulation and proposed Order terminating the current Alimony Pendente Lite Order and replacing it with an Alimony Order, same to be collected through the Domestic Relations Agency, as outlined below, commencing July 1, 2008 and terminating August 31, 2013. Based upon those conditions hereinabove set forth in the foregoing paragraph, it is stipulated and agreed by and between the parties hereto that commencing July 1, 2008 Husband shall pay to Wife alimony in the sum of Two Hundred Fifty ($250.00) Dollars per month until I August 31, 2013 or until Wife's remarriage or cohabitation. Cohabitation shall be defined as two parties living together as husband and wife assuming marital rights, duties and obligations which are usually manifested by married people. Cohabitation in order to terminate alimony must continue for a period of sixty (60) days. This determination of alimony is contractual in nature, is non-modifiable and is based upon Wife's waiver of interest in certain marital property rights 10 together with Husbands assumption of the parties' former joint debt. Neither parry hereafter shall be able to modify the existing Alimony Agreement based upon a showing of changed circumstances; the presjent Agreement, specifically the amount of alimony or the duration of alimony, is intended w reflect the actual equities existing as of the date of separation of the parties, with ample reference being made to their respective contributions to the marital estate and relative needs, and as such, is non-modifiable in nature for any reason or purpose. The parties agree that the entire amount being paid to Wife pursuant to this paragraph is a separate maintenance periodic payment, included and intended to be included within the income of Wife within the meaning and intent of Section 71 of the United States Internal Revenue Code of 1986, and is deductible from Husband's gross income pursuant to the provisions of Section 215 of the Internal Revenue Code of 1984. Wife agrees that all said payments shall be included as income of the Wife in her applicable tax returns, and that she shall pay such taxes as may be required by such inclusion. 19. MUTUAL RELEASES: Husband and Wife each do hereby mutually remise, release, quitclaim 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 interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever mature and wheresoever situate which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any forme acts, contracts, engagements or liabilities of such other or by way of dower, curtesy, or claim in the nature of dower or curtesy or widow's or widower's rights, family exemption or simi ar allowances, or under the intestate laws, or the right to take against 11 the spouse's will; or th right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviv' g 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 other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 20. BANKRUCTCY: The respective duties, covenants and obligations of each parry under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued obligations to the other, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. 21. a. Husband agrees that in the event any deficiency in Federal, state or local income tax is proposed, or any assessment of any such tax is made against Wife by reason of her having joined in the filing of said joint returns, Husband will indemnify and hold Wife harmless from and against any loss or liability for any such tax deficiency or assessment and any interest, 12 penalty, and expense incurred in connection therewith, and such tax, interest, penalty or expense shall be paid solely and entirely by Husband, unless said tax, interest, penalty or expense is finally determined to be attributable to misrepresentation or failure to disclose the nature and extent of Wife's separate income on the aforesaid joint returns. b. Wife agrees that in the event any deficiency in Federal, state or local income tax is proposed, or any assessment of any such tax is made against Husband by reason of him having joined in the filing of said joint returns, Wife will indemnify and hold Husband harmless from and against any loss orl liability for any such tax deficiency or assessment and any interest, penalty, and expense incurred in connection therewith, and such tax, interest, penalty or expense shall be paid solely and ientirely by Wife, unless said tax interest, penalty or expense is finally determined to be attributable to misrepresentation or failure to disclose the nature and extent of Husband's separate income on the aforesaid joint returns. 22. DIVORC . Wife has commenced an action for divorce from Husband pursuant to Section 3301(c) of the Pennsylvania Divorce Code (irretrievable breakdown) by the filing of a Complaint on May 15, 2006 and docketed to Case No. 06-2745. Both parties shall,) at the time of the execution of this Agreement, furnish Wife's attorney with an Affidavit of Consent and Waiver of Notice evidencing that each of them consents to the divorce. It is further agre d and understood that any decree of divorce issuing in this matter shall reflect the fact that Wife will bear the cost of same in her individual capacity. a. Each of th parties agree that this Agreement represents a complete and final agreement as to their re pective property rights which arose from the marital relation and 13 therefore mutually wai e any and all rights they may have under Section 3501 (Equitable Distribution) of the Pennsylvania Code, Act No. 1990-206. b. This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 23. LEGAL EES: In the review and preparation of this Agreement each parry shall bear his/her own legal fees. 24. REMED' r FOR BREACH: In the event of breach of any of the provisions by one of the parties, the remedies available to the non-breaching parry are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories of equity under the divorce code, as amended, including section 3105 (which includes contempt), as if this Agreement had been an Order of Court, and shall not be limited to those remedies specifically referred to in this Agreement. In the event either party breaches any provision of this Agreement, the breaching party shall exonerate and indemnify the non-breaching party and hold the non-breaching party harmless for all losses resulting from such breach, including but not limited to, counsel fees, and costs relating to such bre4h, whether or not litigation is instituted. The non-breaching parry shall have the right, at his or her election, to either sue for damages for such breach, in which event the breaching party shall be responsible for the payment 14 of legal fees and costs ' curred by the non-breaching party and enforcing their rights hereunder, or to seek such other remedies or relief as may be available to him or her. 25. EQUITABLE DISTRIBUTION: It is specifically! understood and agreed that this Agreement constitutes an equitable distribution of property, I,both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of December 19, 1990 (P.I?,. No. 1240, No. 206) known as "The Divorce Code," 23 P.S. 3501 et seq. of the Commonwealth of Pennsylvania, and as amended. 26. SUMMA) Y OF EFFECT OF AGREEMENT: It is specifically understood and agreed by and between the parties hereto, and each parry accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 27. TAX CONSEQUENCES: By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a riot and just standard with regard to the right of each party. The division of existing marital intended by the parties being effected without of the marital estate. is not, except as may be otherwise expressly provided herein, institute in any way a sale or exchange of assets and the division is introduction of outside funds or other property not constituting a part 15 28. Each party shall# at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions Of this Agreement. 29. The parties shall only effect a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this agreement shall be null and void; otherwise, this agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shad not affect in any way the legal effect of this agreement or cause any new marital rights or obligations to accrue. 30. SEVERaILITY: The parties agree that the separate obligations contained in this agreement shall be deemed to be independent. If any of the provisions of this agreement shall be finally determined to be invalid, then only that provision shall be stricken from this agreement and in all other respects this agreement shall be valid and shall continue in full force and effect. The failure of any party to meet his or her obligations under any provision of this agreement, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 16 31. NO WAS pR OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such parry hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 32. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent 33. The parties agree ihhat unless otherwise specifically provided herein, this Agreement shall continue in full force and (effect after such time as a final decree in divorce may be entered with respect to the parties. 34. NOTICES: Any and all notice?s given hereunder shall be in writing and shall be sent certified mail, return receipt requested to the appropriate party. 17 35. WAIVE OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties Od no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 36. CAPTIONS: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way affect this Agreement. 37. AGREE NT BINDING ON HEIRS: This Agreement hall be binding and shall inure to the benefit of the parties hereto and their respective heirs, ex?cutors, administrators, successors and assigns. 38. LAW OF.PENNSYLVANIA APPLICART.R- This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 39. Should either of a parties subsequently discover the existence of any martial property not distributed by this A eement, said property shall be divided in the same portion as this Agreement's equitable d stribution of marital property. However, if the existence of said property was knowingly concealed or its value misrepresented by one of the parties, said property shall be transferr d in its entirety to the non-concealing party and the concealing party shall pay all costs, fees d attorney's fees occasioned by the failure to disclose its existence or true value. 18 EREOF, the parties have set their hands and seals to two counterparts IN WITNESS ff? of this Agreement, each of which shall constitute an original, the day and year first above written. U1;? V? (Seal) Niki N. GrAat) Zz-"z-lal (Seal) J s E. Graham 19 a 4 COMMONWEALTH Or PENNSYLVANIA ) SS. COUNTY OF DAUPHIN ) f On this, the t?_ day of , 2008, before me, a notary public, the undersigned officer, personally appeared Niki N. Graham, known to me (or satisfactorily proven) to be the persona, whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In Witness Wher?of, I hereunto set my hand and notarial seal. C Notary Public COMMONWEALTH OP PENNSYLVANIA COUNTY OF COMMONWEALTH OF PENNSYLVANIA aRue, Notary Publo EMYSommission otarial Seal p., Dauphin County Expires Nov. 8,2W9 ) SS. On this, the ?CP day of `?rt-e_ , 2008, before me, a notary public, the undersigned officer, personally appeared James E. Graham, known to me (or satisfactorily proven) to be the person hose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In Witness Whereo , I hereunto set my hand and notarial seal. Notary Public NoTAM SM ROBIN S BEAM 20 cwOO NIKI N. GRAHAM, V. JAMES E. GRAHAM, To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2745 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for d?vorce: irretrievable breakdown under Section (x) 3301(c) ( ) 3301(d) of the Divorce Code. I 2. Date and manner of service of the Complaint: Upon Defendant, James E. Graham, as evidenced by the Acceptance of Service on record. 3. Complete ei er paragraph (a) or (b). (a) Date f execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) f the Divorce Code: by Plaintiff: June 16, 2008; by Defendant: June i 16, 2008. (b) (1) 3301(d) of the Divorce Code: (2) 4. Related claims Settlement Agreement dated J Date of execution of the Plaintiffs Affidavit required by Section Date of service of the Plaintiffs Affidavit upon the Defendant: pending: All claims have been settled pursuant to a Marital e 16, 2008. 5. Date and anner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: 6. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: or, date of executio of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of e Divorce Code: by Plaintiff: June 16, 2008; by Defendant: June 16, 2008. and, date of filing o the Waiver of Notice of Intention to Request Entry of a Divorce Decree: both Plaintiff's an Defendant's Waivers are being filed contemporaneously herewith. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: 2 0 b By: Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff ?v cxn, rr`? t'T' ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. NIKI N. GRAHAM No. 2006-2745 Plaintiff VERSUS JAMES E GRAHAM DECREE IN DIVORCE are- 2008 , IT IS ORDERED AND Air AND NOW, DECREED THAT Niki N. Graham , PLAINTIFF, AND James E. Graham DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The attached Marital Settlement Agreement is hereby incorporated, but not merged, into this Decree in Divorce. By THE CO '' ATTEST:, w `) PROTHONOTARY `?,? ? ? 'mod-??' '?.°u 9o J ? ? '` .. + °? ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of P nnc . Co./City/Disc. of CUMBERLAND LAND Date of order/Notice 07/02/08 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number MARTIN'S FAMOUS PASTRY SHOPPE, 1000 POTATO ROLL LN CHAMBERSBURG PA 17201-8897 869108307 439 S 2006 06-2745 CIVIL O Original Order/Notice X@Amended Order/Notice QTerminate Order/Notice QOne-Time Lump Sum/Notice RE: GRAHAM, JAMES E. Employee/Obligor's Name (Last, First, MI) 160-60.8164 Employee/Obligor's Social Security Number 707310,673 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Cu. seso I Parent ' s Name (Last, First, Mp See Addendum for dependent names and birth dates associated with ca ORDER INFORMATION: This is an Order/Notice to Withhold Income for Su n attachment. from CUMBERLAND County, Commonwealth of Pennsylvania. Bylaw y you are requireddtordeduct these ort sed upon an for amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is notport issued b by your State. $ $ 186. o0 per month in current child support $ o. oo o . oo per month in past-due child support t Arrears 12 weeks or greater? 0 Yes ®no per month in current medical su $ o. oo ppor per month in past-due medical support $ 250. 00 per month in current spousal support $ o. 00 per month in past-due spousal support $ o . o0 per month for genetic test costs $ o. oo per month'in other (specify) one-time lump sum payment for a total of $ 436.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If the ordered support payment cycle, use the following to determine how much to with your pay cycle does not match $ 100.62 per weekly pay period. hold $ 218. oo per semimonthly pay period $ 201.23 per biweekly (every (twice a month) pay period two weeks) $ 436.00 per month) REMITTANCE INFORMATION: You must begin withholding no later than the first pa y pay period. working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. R Y Period occurring ten (10) state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed the employee's/ obligor's aggregate disposable weekly earnings. For the Refer to the laws governing the work the following information is needed (See.49 on page 2). Purpose of the 55% of limitation on withholding, If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Service Type M OMB No.: 0970-0154 %\ t u4 M. L. EBERT, JR., Formd0 Rev.: Worker I D $ IATT f ti ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? ggheckefl you are required to pr vide gopy of this form to your m loyee. If your employee orks in a state that is i Brent rrom the state that issuedthis or, er, a copy must be rovi t . 1. Priority: Withholding under this Order/Notice has priority over any other legal process anderoStat e even law if tie against box the is not same checked income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligortyith Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all orders/Notices to the greatest e tent against possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2512919770 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : C1 Y THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: p EMPLOYEE'S/OBLIGOR'S NAME: GRAHAM, JAMES E . EMPLOYEE'S CASE IDENTIFIER: 7073101673 LAST KNOWN HOME ADDRESS: DATE OF SEPARATION: LAST KNOWN PHONE NUMBER: NEW EMPLOYER'S NAME/ADDRESS: FINAL PAYMENT AMOUNT 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. e 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment refusing to employ, or taking disciplinary action against any employee/obligor because of a support governs unless the obligor is employed in another State, in which case the law of the State in which he olrosheli?employed governs. law 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Fed, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable inclome if the obli or is supporting another family and 60% of the disposable income if the obligor is not su pporting another family.However, that 50% g limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts aid for h of care premiums in determining disposable income and applying appropriate withholding limits. p health 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 1 1. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, 13 N. HANOVER ST contact WAGE ATTACHMENT UNIT 13 BOX O by telephone at (717) 240..6275 iP.O. 320 CARLISLE PA 17013 or by FAX at (717 240-6248 or Service Type M Page 2 of 2 OMB No.: 0970-0154 by internet www.childsupport state ua us Form EN-028 Rev. 3 Worker I D $ IATT ADDENDUM Summary of Cases on A"--Lment Defendant/Obligor: GRAHAM, JAMES E. PACSES Case Number o15110144 Plaintiff Name NIKI N. GRAHAM Docket Attachment Amount 06-2745 CIVIL$ 250.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ?lf checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plainti---- ff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M PACSES Case Number 869108307 Plaintiff Name NIKI N. GRAHAM Docket Attachment Amount 00439 S 2006 $ 186.00 Child(ren)'s Name(s): DOB TAYLOR R. GRAHAM 10/01/94 ?ffchecked you are re wired to enroll the child(ren) identified above in an health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?ffchecked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?If hecked, you are required to enroll the child(ren) identicfied above in any health insurance coverage available through the employee's/obligor's employment. Addendum OMB No.: 0970-0154 Form EN-028 Rev. 3 Worker I D $ IATT C5 +v W r Niki N. Graham, ) IN THE COURT OF COMMON PLEAS Plaintiff, )CUMBERLAND COUNTY, PENNSYLVANIA vs. ) No. 06-2745 James E. Graham, )CIVIL ACTION -LAW Defendant, ) IN DIVORCE ORDER OF COURT ~h AND NOW, this ~~ day of ~v~te, , 2010, the attached Stipulation and Agreement entered by the parties in the above captioned case, is hereby incorporated, but not merged, into this Order of Court. Q ~ ~ . ~~£ccY,J , ~. ~ . w~.(..(~ ~~~~~~o ~_~ ~ c r o ~ '=i-; -t, U c.... --~ G_ .. C..? ~ L; ~ T A .y-. ,- N t-~; tl ~ • • ~'e '.. INCOME WITHHOLDING FOR SUPPORT � ' O ORIGINAL INCOME WITHHOLDING ORDERNOTICE FOR SUPPORT(IWO) (gUsk _3U_! Ci5iI Cil,44 Q AMENDEDIWO I� ''ii / O ONE.TIMEORDER(NOTICE FOR LUMP BUM PAYMENT r-�_�.3�i S iJ to [LI —�,_ITI L,_,, it O TERMINATION OF IWO Date: Ofi10i113 ❑ Clvld SUppon Ertfprpertr2nl(CSEI Agency Court 7 A1lomay Pnvale Indlvltlual/En01y(Check One) Ni This IWO must be regular on its"ace.tinder certain circumstances you must reject this IWO and return ii to the serlder(see IWO instructions httpJ/wvwi hh y ,Qgd, sgf_Erul trgJa�,t png7pubj_ ioN ilia lon.hip.,;,�). if you receive this tlacumeot morn Someone other than a Slate or Tribal CSE agency or a Court.a copy of the underlying Order most be attached. alelelTnbe(ierrilory CoommnweaftN d Pennsylvania _ Rah,touce lur i0er(include w/payment): 7073101673 City/County/l is6Rribe CUMBERLAND _ _T Order Weniiirec flee Addendum had ordeNtlocket inramalkee Pnvale Individuate.h ly CSE Agency Case Identifier'. (See Addendum rer cute aeermand MARTIN'S FAMOUS PASTRY SHOPPE, RE'. GRAHAM,JAMES E ._ 1000 POTATO ROLL LN Employee/Omi90ts Name tLast.First.Middle) CHAMBERSBURG PA 17202-8897 160-60.8166 _ EirsoyeelObligoms Social Security Number (See Addendum ror plaintiflnames associated with cases on affachmenf) CorAddee"any/Obligee e Name(Last.First. Middle) Employer/Incom Whhokter's FEIN 251291977 NOTE:This rn o must be regular on Its face. Wnder cenaln dnwmsto thes you most elect Chitd(relp's Name(s)(Last First, Middle) Chab(ren)'s 61M Dato(s) this ucl and return it to Yhp sentler(see IWO insWCiions —..— anit E4ffR311031bP/P440934 ng,DLEM-f (Me-If You receive Ibis document hom someone other loan a State or Tribal CSE agency or a Goun.a —' —'-- -- was of the oress1ong order must de attached. 2512919770 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from UM ptw.County. Commonwealth of Pennsylvania (StatelTribe). You are required bylaw to deduct these arrountst* th"froldyri obligor's income until further notice_ m $ _ 0.00 per In in current child support $_ 0.00 per rrignIll,in past-due child support- Arrears 12 weeks or greater? O yo Y::Q Sd 0.00 per rnontt in current cash medical support 'C $, 0.00 per month in past-due cash medical support $_ 250.00 per month in current spousal support a; $ c i)o per month in past-due spousal support $ 0.00 per month in other(must specify) for a Total Amount to Withhold of$ _ 250.00 per month. AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order information. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: S 57,70 per weekly pay period. $ 125,00 per semimonthly pay period(twice a month) $ 115,39 per biweekly pay period(every two weeks) $ 250Ao per monthly pay period. S Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the ICo rnanwealtfi ot_.P m_§y__ ri a (State/Tribe), you must begin withholding no later than the first pay period that occurs ten i10} firkin days after the date of t is Ord rlNo i Send payment within eve 7,j working days of the pay date. It you cannot withhold the full amount of support for any or all orders for this employeetobligor, withhold up to 5M of disposable income for all orders. It the employeetobilgoes principal place of employment is not within the Cgmmony& of Pennsy_Ivao'a (State/Tribe), the employer can obtain withholding limitations, time requirements, and any allowable employer fees at httg77www aci_hhs Imv/oroorams/cse/(Iewh re/emploverlcontactsfcontact m� him for the employeetobligor's principal place of employment. Document Tracking Identifier ovPaa 0910-0iri Form EN-02806/12 Service Type M Worker ID$IATT ❑ Return to Sender[Completed by Employertincome Withholder]. Payment must be directed to an SDU in accordance with 42 USC §666(b)(5)and (b)(6)or Tribal Payee(see Payments to SDU below). If payment is not directed t0 an SDUfrribal Payee or this IWO is not regular on its `ace, you must check this box and return the IWO to the sender. i -aft Tribal taw)-Signaure of Judgelssn O i( requred S Print Name of Judgalissui ng Official: Title of Judge/issuing OfficiaP. v Date of Signature: XN j 7jm- If the employeelobligor works in a Slate or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. ❑ If checked,the employedincome withholder must provide a copy of this form to the empioyeeiobiigor. ADDITIONAL INFORMATION FOR EMPLOYERSIINCOME WITHHOLDERS Pennsylvania law(23 PA C.S.§4374(b))requires remittance by an artagirooLepayffiept metb9d if an employer is ordered to withhold income from more than one employee and employs 75 or more persons,or it an employer has a history of two or more returned checks due to nonsufffeient funds. Please call the Pennsylvania State Collections and Disbursement Unit(PA SCDU) Employer Customer Service at 1.877-676-9580 for Instructions.PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17746-9112 IN ADDITION,PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER 10(showrr above as the EmpioyealObllgor's Case IdentiF+er)OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED, DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: J.ttRlLwv�w.acf.hhs go !o ra s7 s 'n vfi'rglgm�tl4y�on�j�5:gn(ac(-moo hLm Priority: Withholding for support has priority over any other legal process under State law against the same income(USC 42 §666(b)(7)). If a Federal tax levy is in effect,please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency,you may combine withheld amounts from more than one empioyeelobligor's income to a single payment. You must,however,separately identify each employee/ obligor's portion of the payment Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency.If this IWO instructs you to send a payment to an entity ether than an SOU(e.g., payable to the custodial parry,court,or attorney),you must check the box above and return this notice to the sender. Exception if this IWO was sent by a Court,Attorney,or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal C$E agency, you must foilow the`Remit payment to"instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment.The pay date is the date on which the amount was withheld from the employeelobligor's wages. You must comply with the law of the State(or Tribal law if applicable)of the employeedbligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: if there is more than one IWO against this employeelobligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support.Follow the State or Tribal law/procedure of the employeelobligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency D`upcoming lump sum payments to this employeelobligor such as bonuses,commissions,or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: if you have any doubts about the validity of this IWO,contact the sender. If you tail to withhold income from the emptoyeeiobiigor's income as the IWO directs,you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Antidiscrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment,refusing to employ, or taking disciplinary action against an empioyeelobtigar because of this IWO, oneew.mon care-ovaum+a.tmome Ew.eno„oa,onas moo ahoy on me,o ,o"an,e pimp wro,ncemrcnv me�e5�onmme...rc annr^nm Form EN-028 06112 Service Type M Page 2 of 3 Worker iD$IATT Employers Name; MARTIN'S FAMOUS PASTRY SHOPPE, _ Employer FEIN. 251291977 _ Employee/Obligor's Name: GRAHAM.JAMES E. 7073101573 CSE Agency Case Identifier:(Sge pddery u for c 3gummarv) Order Itlenti8ec($ge A�,de du for and r�gT^ket' f foriallord Withholding Limits:You may not withhold more than the lesser of: 1)the amounts allowed by the Federal Consumer Credit Protection Act(CCPA)(15 U.S.C. 1673(b));or 2)the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment(see REMITTANCE INFORMATION).Disposable income is the not income left after making mandatory deductions such as:Stale,Federal local taxes;Social Security taxes;statutory pension contributions;and Medicare taxes.The Federal limit is 50%of the disposable income if the obligor is supporting another family and 60%of the disposable income it the obligor is not supporting another family. However.those limits increase 5%-to 55%and 05%-if the arrears are greater than 12 weeks,if permitted by the State or Fri you may deduct a fee for administrative costs.The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders,you may not withhold more than the amounts allowed under the law of the issuing Tribe.For Tribal employeckincome withholders who receive a State IWO,you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d)of the CCPA(15 U.S.C. 1673(b)). Depending upon applicable State or Tribal law,you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks?If the Order Information does not indicate that the arrears are greater than 12 weeks,then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this empayeelobligar never worked for you or you are no longer withholding income for this employee/obligor,an employer must promptly notify the CSE agency and/or the sender by retummg this form to the address listed in the Contact Information below: 2512919779 O This person has never worked for this employer nor received periodic income. O This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Lest known phone number: Last known address: Final Payment Date To 5131-f(IFibal Payee: Final Payment Arrounh. New Employer's Name' [NOW EmpoYer's Address: CONTACT INFORMATION: To€MPLO er income Wjjhhfri or. If you have any questions,contact WACF 4,_.AgAjMENT UNIT(Issuer name) by phone at 17i 7( 240-8 2 ,by fax at(7171240-5248,by email or website at:www childs=grt. to e, ,Vs. Send terminationlim ome status notice and other correspondence to DOMESTIC RELATIONS$�fTiON, 13 N HAN¢VUU ,�T P,Q BOX I2Q—CARL 1 L PA_17Qj_3(Issuer address). To Emol0ytdtL bii90r• if the employee/obligor has questions,contact WA-G-E 'LfACHMEM UNIT(Issuer name) by phone at 717U21" 25, by fax at(7171249-$2? 45,by email or website atmweghildsuoport state a us. IMPORTANT:The person completing this form is advised that the information may be shared win the employee/Obligor, omerro,eorceu' Form EN-02806112 Service Type M Page 3 of 3 Worker tD$IATT ADDENDUM Sur�tmary of Cases on Attachmen DefendanVObligor: GRAHAM, JAMES E. PACSES Case Numher 015110144 PA SE$.CLa5e_NmmberNUII�er PI -nfH Nam PIijm#f Name NIKI N. GRAHAM DQrQW AUOimontAMNAI Do" AtjA0jn-P1Am n 00-2745 CIVIL $ 250.00 $ 0.00 Child(ren)'s Name(s) DOB Child(ren)'s Name(s)- DOB PAUE$&age Nunj4er PACSESv�a9t=N.�!?!Lg EI tntN Name PIa tff N e ockel Attechme t A t DQ"k t AMyghmB_1r LAmQhint $ 0.00 $ 0.00 Chdd(ren)'s Name(s)'. DOB Child(ren)'s Nama(s). DOB PACSES C s Number SAC�Cia N mb�t P4 wftblartl9 P—�iOlit.La packet Aj{Q^,timWLAr pl Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s)'. DOE Child(ren)'s Name(s): DOB Addendum Form EN-028 00 2 Service Type M 0M5no 1110111 Worker ID$IATT INCOME WITHHOLDING FOR SUPPORT 5 l L)I 0 ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT(IWO) 0 AMENDED IWO 0 NJ 0 ONE-TIMEORDERMOTICE FOR LUMP SUM PAYMENT (D TERMINATION OF IWO Date: 09/13/13 171 Child Support Enfdrcement(CSE)Agency 0 Court ❑ Attorney ❑ Private Individual/Entity(Check One) NOTE:This IWO must b �y om ilmsface.Under certain circumstances you must reject this IWO and return it to the sender(see IWO instructions httD://wwN7abf.Mhs�.gogb,,grams/cse/newhire/employer/publication/publication,htm-forms). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. State/Triberrerritory Commonwealth of Pennsylvania Remittance Identifier(include w/payment): 7073101673 City/County/Dist./Tribe CUMBERLAND Order Identifier- (See Addendum for orderldocket Informaiton) Private Individual/Entity_ CSE Agency Case Identifier: (See Addendum for case summary) MARTIN'S FAMOUS PASTRY SHOPPE, RE: GRAHAM,JAMES E. 1000 POTATO ROLL LN Employee/Obligor's Name(Last,First,Middle) CHAMBERSBURG PA 17202-8897 160-60-8164 Employee/Obligor's Social Security Number (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name(Last,First, Middle) Employer/Income Withholder's FEIN 251291977 NOTE:This IWO must be regular on its face. Under certain circumstances you must reject Child(ren)'s Name(s)(Last, First,Middle) Chifd(ren)'s Birth Date(s) this IWO and return it to the sender(see IWO instructions hftr)://www.acf.hhs.gov/programs/cse/"newhire emi)loyer/publication/publication,htm-formo. If you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. 2512919770 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts from the employee/ obligor's income until further notice. $ 0.00 per month in current child support $ 0.00 per month in past-due child support- Arrears 12 weeks or greater? 0 yes @ no $ 0.00 per month in current cash medical support r_1 r14 Vic:.Cz ct, $ 0.00 per month in past-due cash medical support $ 0.00 per month in current spousal support MCC) CO, $ 0.00 per month in past-due spousal support Z $ 0.00 perm nth in other(must specify) r O'ti for a Total Amount to Withhold of$ 0.00 per month. C-1 3�r) -10 __C-Z-7 AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with ttfL%de, nfbfAbn. r If your pay cycle does not match the ordered payment cycle, withhold one of the following amount:-"' $ 0.00 per weekly pay period. $ 0.00 per semimonthly pay Wioq�(Wicea month) $ 0.00 per biweekly pay period(every two weeks) $ 0.00 per monthly pay period, $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten (10) working days after the date of this Order/Notice. Send payment within seven(7)working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor,withhold up to 55% of disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements, and any allowable employer fees at http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact map, htm for the employee/obligor's principal place of employment. Document Tracking Identifier OMB No.:0970-0154 Form EN-028 06/12 Service Type M Worker ID $IATT � n 6w En With SDUhl accordance with 42USC§8GG(b)(5)and /b s Tribal Payee(see Payments Um8OUbelow). |f payment ionot directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/issuing Official (if required by State or Tribal law): Print Name of Judge/Issuing Official: Title of Judge/issuing Official: Date of Signature: If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order,a copy of this |VVO must be provided tu the omp|uy*o/ob|igur. n If checked,the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law(23PA C.S.§4374(b))requires remittance bymn electronic payment method |Ymn employer|aordered to withhold income from more than one employee and employs 15mr more persons,wr if an employer has history of two ur more returned checks due tonunsufOulentfunds. Please call the Pennsylvania State Collections and Disbursement Unit(PA SCDU)Employer Customer Service mt1'Q77-G7$~9580for instructions.PAFIPS CODE 42 000 08 Make Remittance Payable to: PA SCDLI Send check to: Pennsylvania SCDU, K»'O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NA8EAND THE PACSES MEMBER 60(shown above ms the 's Case Identifler) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal�rhployer Services website located at: Priority:Withholding for support has priority over any other legal process under State law against the same income(U8C42 §6GG(b)(7>). |fo Federal tax levy io|n effect, please notify the sender. Combining Payments: When remitting payments 0oanSDUurThbe|CSEagency.youmoycombinewithhn|damounbohom more than one employee/obligor's income in a single payment.You must, however, separately identify each employee/ obligor's portion of the payment. Payments TpSDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SOU(e.g., payable to the custodial party, court, orattonnmy),you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency,you must follow the"Remit payment to"instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment.The pay date is the date on which the amount was withheld from the mmp|oyee/ob\igur'o wages.You must comply with the law of the State(or Tribal law if applicable) the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple|VVOim: \f there im more than one|VVO against this employee/obligor andyouaneunob|mtufu|(yhonoreU |VVOoduehu Federal, State,or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority 0ocurnent support before payment of any past-due support. Follow the State or Tribal law/procedure of the emp|uyoe/ob|igo/sprincipal place of employment bo determine the appropriate allocation method. � Lump Sum | Payments: You may be required Uo notify u State or Tribal CSE agency of upcoming lump sum payments tothis employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: |f you have any doubts about the validity of this |VVO. contact the sender, |f you fail ho withhold income from the employee/obligor's income as the IWO directs,you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal |aw/pnmooduna. Anti-disodmm|nation: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from emp|oyniant. rehuying0zamp/uy.ortskingdiocipi|noryocUonegoinstanemp|oyee/nb|iQorbecauoeoythia|VVO. OMB Expiration Date-05m`oom.The OMB Expiration Date has*,bearing'm the termination date m the nm'x identifies the version m the form currently muse. Form EN-O28DO/13 Service Type K8 Page 2of3 Worker |[)$|ATT Employers Name: MARTIN'S FAMOUS PASTRY SHOPPE, Employer FEIN: 251291977 Employee/Obligor's Name: GRAHAM,JAMES E. 7073101673 CSE Agency Case Identifier:(—See Addendum for case summa Order Identifier:Lee Addendum for orderldocket information Withholding Limits:You may not withhold more than the lesser of: 1)the amounts allowed by the Federal Consumer Credit Protection Act(CCPA)(15 U.S.C. 1673(b));or 2)the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment(see-REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes;Social Security taxes; statutory pension contributions;and Medicare taxes.The Federal limit is 50%of the disposable income if the obligor is supporting another family and 60%of the disposable income if the obligor is not supporting another family. However,those limits increase 5%-to 55%and 65%-if the arrears are greater than 12 weeks. If permitted by the State or Tribe,you may deduct a fee for administrative costs.The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders,you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO,you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d)of the CCPA(15 U.S.C. 1673(b))� Depending upon applicable State or Tribal law,you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits, Arrears greater than 12 weeks?If the Order Information does not indicate that the arrears are greater than 12 weeks,then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are no longer withholding income for this employee/obligor,an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 2512919770 0 This person has never worked for this employer nor received periodic income. 0 This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDU/Tribal Payee: Final Payment Amount. New Employers Name: New Employer's Address: CONTACT INFORMATION: To Emp1gyer/Inconne Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT(issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at:www.childsupport.state.pa.us. Send termination/income status notice and other correspondence to:DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST. P.O. BOX 320, CARLISLE, PA, 17013(issuer address). To Employee[Obligor: If the employee/obligor has questions,contact WAGE ATTACHMENT UNIT(issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at www.childsupport,state.pa.us, IMPORTANT:The person completing this form is advised that the information may be shared with the employee/obligor, OMB No.:0970-0154 Form EN-028 06/12 Service Type M Page 3 of 3 Worker ID$IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: GRAHAM, JAMES E. PACSES Case Number 015110144 PACSES Case Number Plaintiff Name Plaintiff Name NIKI N. GRAHAM Docket Attachment Amount Docket Attachment Amount 06-2745 CIVIL $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docke Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Form EN-028 06/12 Service Type M OMB No.:0970-0154 Worker ID $IATT