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HomeMy WebLinkAbout06-7295Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 SHAWN A. NOVINGER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. TAMMY L. NOVINGER, DEFENDANT NO. a4 '702 `,5 CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(c) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 SHAWN A. NOVINGER, PLAINTIFF V. TAMMY L. NOVINGER, DEFENDANT IN THE COURT OF COMMON PLEAS CU14BERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Shawn A. Novinger who resides at 6337 Bennington Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Tammy A. Novinger who resides at 637 Bennington Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Plaintiff and Defendant have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 7, 1997 in Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. There was one child born of this marriage: Ella A. Novinger, born January 14, 2006. 7. The marriage is irretrievably broken. 8. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 9. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff requests the court to enter a decree of divorce. CLAIM I Claim for Custody 10. Paragraphs 1-10 are incorporated herein by reference hereto. 11. Plaintiff seeks shared legal and physical custody of the following child: NAME PRESENT RESIDENCE DOB Ella A. Novinger 6332 Bennington Road 01/14/2006 Mechanicsburg, PA The child was born in wedlock. The child is presently in the physical custody of Shawn A. Novinger and Tammy L. Novinger who reside at 6337 Bennington Road, Mechanicsburg, Cumberland County,Pennsylvania. The child has resided with the following persons and at the following addresses: Person Address Date Father & Mother 6337 Bennington Road Jan06 - Present Mechanicsburg, PA The mother of the child is Tammy L. Novinger who resides at 6337 Bennington Road, Mechanicsburg, Pennsylvania 17050. She is married. The father of the child is Shawn A. Novinger who resides at 6337 Bennington Road, Mechanicsburg, Pennsylvania 17050. He is married. 12. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: Name Relatlonsh Tammy L. Novinger Wife Ella A. Novinger Daughter 13. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: Name RelationshiR Shawn A. Novinger Husband Ella A. Novinger Daughter 14. Neither party has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 15. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff can properly care for his child. B. Plaintiff can provide a stable and loving home. C. Plaintiff will place the best interest of the child before his own. 16. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests this Honorable Court to grant him joint legal custody and shared physical custody of his child as mutually agreed. Respectfully submitted, ?/ 2100"4i0 >&4( Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: /? 7 UCH Shawn A. Noving r J1 0 I _ L - tom ? ) t? ::_yIL may/'( ? LL- iv - r T 1 L1G MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this I ? day of 2007, by and between SHAWN A. NOVINGER, (hereinafter referred to as "Shawn") and TAMMY L. NOVINGER, (hereinafter referred to as "Tammy"). WHEREAS, Shawn and Tammy were lawfully married on June 7,1997; and WHEREAS, differences have arisen between Shawn and Tammy in consequence of which they intend to live apart from each other; and WHEREAS, Shawn and Tammy entered into a Collaborative Law Participation Agreement dated November 9, 2006 and have settled their differences through the Collaborative Law Process; and WHEREAS, one child, Ella A. Novinger, DOB January 14, 2006, was born of this marriage; and WHEREAS, the parties desire to settle fully and finally the economic and other rights and obligations between them, including, but not limited to, the ownership and distribution of their real and personal property, past, present and future support and alimony, financial support of Ella, and any and all other claims and possible claims by one against the other or against the estate of the other and to have such settlement reduced to writing; NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission by either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other, attempt to molest the other, compel the other to cohabit, harass or malign the other, or in any way interfere with the separate peaceful existence of the other. 3. DIVISION OF PERSONAL PROPERTY Shawn and Tammy have equitably divided between them to their mutual satisfaction the personal effects, jewelry, household furniture and furnishings and all other articles or personal property which heretofore have been used by them in common. Each party shall from and after the date hereof be the sole and separate owner of all such personal property in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in his or her individual possession. Tammy and Shawn agree to share photographs of Ella taken prior to separation by dividing them equally and taking turns selecting each photograph, if necessary. Each party shall make the photographs selected available for copying by the other party at the other party's expense. The parties agree to cooperate in scheduling a mutually acceptable date, time and location for distribution of the photographs pursuant to this provision within 30 days of the execution date of this Agreement. 4. AUTOMOBILES Shawn shall retain possession and ownership of the 2006 Mazda 6 and Pontiac Firebird presently in his possession. Tammy hereby transfers all of her right, title and interest in said vehicle to Shawn. In consideration thereof, Shawn shall assume full responsibility for payment and eventual satisfaction of any and all liens presently encumbering the vehicles, and shall indemnify, defend and hold Tammy harmless from same. Tammy shall sign any title or other documents necessary to transfer ownership of said vehicles at any time, upon demand. Tammy shall retain possession and ownership of the 2003 GMC Envoy presently in her possession. Shawn hereby transfers all of his right, title and interest in said vehicle to Tammy. In consideration thereof, Tammy shall assume full responsibility for payment and eventual satisfaction of any and all liens presently encumbering the vehicles, and shall indemnify, defend and hold Shawn harmless from same. Shawn shall sign any title or other documents necessary to transfer ownership of said vehicles at any time, upon demand. In order to effectuate a distribution of the value of the vehicles between the parties in light of the greater value of Tammy's vehicle, Tammy shall pay Shawn $1,500.00 at the time of distribution of the marital home sale proceeds from those proceeds. 5. DIVISION OF REAL PROPERTY The parties' marital residence at 6337 Bennington Road, Mechanicsburg, Cumberland County, Pennsylvania has been sold and the proceeds from the sale used to pay the outstanding mortgage and other debts related to the sale of the home. The parties acknowledge that Tammy deposited the check, payable to Tammy and Shawn, in the amount of $100,117.96 for the remaining net proceeds in an interest bearing account (hereinafter "escrow account") at Centric Bank for the purpose of holding the funds in escrow pending distribution. The parties agree that the total amount of taxes due on the interest earned on the escrow account shall be retained by Tammy, who shall be responsible for payment of the taxes on the interest. The tax amount shall be calculated at twenty-five percent (25%) of the total amount of interest earned. After deduction of the tax amount to be retained by Tammy, the remaining balance in the escrow account shall be distributed equally between the parties within 10 days of the execution date of this Agreement. 6. BANK ACCOUNTS, STOCKS, BONDS AND INVESTMENTS Shawn and Tammy agree that they have no joint bank or credit union accounts and that previously closed joint accounts have been divided to their mutual satisfaction. Any individual accounts owned by the parties shall become the sole and separate property of the party in whose name the account is currently titled and each party waives any rights he or she may have to the bank or credit union account(s) of the other. Tammy and Shawn agree that they do not own any Certificates of Deposit, Mutual Funds, Bonds, or other non-retirement investments either individually or jointly. 7. LIFE INSURANCE. The parties acknowledge and agree that each shall retain as his or her sole and separate property any and all life insurance in his or her name, free of any right, title and interest of the other party. The parties hereby waive, relinquish and release any right he or she may have to designate beneficiaries or to receive benefits under the policies of the other. 8. MARITAL DEBTS/FUTURE OBLIGATIONS Shawn shall be responsible for all debts solely in his name, specifically including, but not limited to, the loan for his vehicle. Tammy shall be responsible for all debts solely in her name. Neither party has contracted or incurred any debt for which the other or the other's estate might be responsible. Each party agrees to indemnify, defend and hold the other harmless for any debt that they are responsible for pursuant to this Agreement and shall take any action required to remove the other from responsibility for a debt on which the other is not obligated pursuant to the terms of this Agreement. Tammy and Shawn agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the other or the estate of the other may be liable. Each party shall indemnify, defend and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other from and after November 1, 2006, except as may be otherwise specifically provided for by the terms of this Agreement. The parties represent and warrant that all joint debt has been satisfied prior to the execution of this Agreement. 9. PENSION AND RETIREMENT ACCOUNTS The parties acknowledge that both have retirement benefits as follows: (a) Pinnacle Health 403(b) account in Tammy's individual name with an approximate balance of $66,533 as of September 30, 2006; (b) Vanguard IRA in Tammy's individual name with an approximate balance of $3126 as of September 30, 2006; (c) Vanadium Enterprises Savings Plan in Shawn's individual name with an approximate balance of $24,405 as of September 30, 2006; (d) Metso Minerals Retirement Savings Plan in Shawn's individual name with an approximate balance of $17,498 as of September 30, 2006; (e) Vanguard IRA in Shawn's individual name with an approximate balance of $4722 as of September 30, 2006. The parties agree that they shall equally divide the total combined value of the retirement accounts ($116,284), resulting in a transfer of $11,517 from Tammy to Shawn. Tammy shall, through a QDRO or other appropriate legal means, transfer to Shawn $11,517 from her Pinnacle Health 403(b) to a qualified retirement account selected by Shawn. Shawn shall be responsible for preparing and/or obtaining the necessary documents to effect the transfer, and shall be responsible for all attorney's fees and other costs associated therewith.. Shawn shall be liable for any tax consequences associated with this transaction, including his transfer or his withdrawal of any of the transferred funds from his account. In all other respects, Shawn and Tammy shall retain their separate pension and/or retirement accounts as their sole and separated property. Except as provided in this provision, Shawn relinquishes any and all rights he may have in Tammy's pension or retirement accounts (present, past and future) and Tammy relinquishes any and all rights she may have in Shawn's pension or retirement accounts (present, past and future); including but not limited to any right to be designated as a beneficiary of same. 10. GENERAL PROVISIONS REGARDING PROPERTY. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The parties have divided between themselves, to their mutual satisfaction, all items of tangible and intangible property. Neither party shall make any claim to any such items of marital property, or of the separate property of either party, which is now in the possession of and/or under the control of the other, or which property will be distributed in accordance with this Agreement. Property shall be deemed to be in the possession or under the control of a party if, in the case of tangible property, the item is physically in the possession or control of the party at the time of the signing of this Agreement, and, in the case of intangible property, if any physical or written evidence of ownership, such as a passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of a party. From and after the date of this Agreement, both parties shall have complete freedom of disposition as to their separate property, and may mortgage, grant, sell, convey or otherwise encumber or dispose of such property, and neither party need join in, consent to, or acknowledge any document or instrument pertaining to such disposition of property. 11. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE Each party hereby waives, releases, discharges and gives up any rights either may have against the other to receive support, alimony pendente lite or alimony. Each party shall indemnify, defend and hold the other harmless against any future action for spousal support, separate maintenance, alimony pendente lite or alimony, brought by or on behalf of the other, and the results of such action. Such indemnity shall include the actual, reasonable counsel fees of the defendant in any such future action. 12. ELLA'S MAINTENANCE Shawn and Tammy agree to equally share the expenses of raising Ella. Shawn shall pay a minimum of $500.00 per month to Tammy representing one-half of Ella's full-time daycare cost (presently $420.75) regardless of whether Ella is attending daycare on a full or part-time basis, Ella's incidental daycare expenses including food, diapers, wipes etc.($20), and a contribution toward Ella's medical and dental insurance premium as provided in the following provision. Shawn's monthly payments may be either paid in full on or before the first day of each month or divided into two semi- monthly payments on the first and fifteenth day of each month. Shawn's payments do not include medical expenses, clothing, activity or other extra curricular expenses related to Ella, which will be paid fifty percent (50%) by each parent when the expense is due. A party shall not be responsible for payment of activity or extra-curricular expenses unless the expense is agreed upon in advance by the parties. Each parent will be responsible for providing Ella with food and any entertainment while she is with that parent. The parties agree that Ella's daycare expenses shall be calculated at the full-time cost on an ongoing basis and Shawn's one-half contribution therefor shall be adjusted automatically upon any changes in the charge imposed by the daycare. At such time as Ella begins school, Shawn shall pay to Tammy on a monthly basis one-half of the cost of before and after school care for Ella. Each parent is encouraged to maintain a record of Ella related expenses to assist in accurately determining Ella's necessary expenses on an ongoing basis. Shawn and Tammy understand that the support payment is based upon the circumstances now known to the parties, and they acknowledge that, as those circumstances change, one party's ability to pay and the other party's need for payment may also change. Consequently, this Agreement shall not bar either party from adjusting the term or amount of support due hereunder, either by negotiation with the other party, or by resort to a court of proper jurisdiction. In the event an order of support is entered by a court of appropriate jurisdiction, this Paragraph shall not have any continuing independent effect, but shall be deemed to have merged into, and been replaced entirely by, the obligation to pay support pursuant to said court order. 13. MEDICAL Tammy shall provide health insurance for Ella as long as it is available at a reasonable cost through her employer. Shawn shall reimburse Tammy for 50% of the costs of medical and dental insurance coverage for Ella under Tammy's employer health insurance plan, so long as Shawn's total monthly payment to Tammy under the preceding paragraph is not less than $500.00. The parents agree to equally share Ella's unreimbursed medical expenses, including, but not limited to, co-pays and prescriptions. Shawn and Tammy understand that Tammy's obligation to provide medical coverage is based upon the circumstances now known to the parties, and they acknowledge that, as those circumstances change, one party's ability to pay and the other party's need for payment may also change. Consequently, this Agreement shall not bar either party from adjusting the obligation to provide medical coverage, either by negotiation with the other party, or by resort to a court of proper jurisdiction. In the event an order of support is entered by a court of appropriate jurisdiction, this Paragraph shall not have any continuing independent effect, but shall be deemed to have merged into, and been replaced entirely by, the obligation to pay support pursuant to said court order. 14. PARENTING PLAN Tammy and Shawn have entered into a separate Parenting Plan/Custody Agreement, which was prepared by Tammy's attorney and shall be submitted to the Court for entry of a Custody Order by Shawn's attorney. 15. FILING OF IRS RETURN Shawn and Tammy intend to file separate Federal and State income tax returns for the 2007 tax year. All future tax returns are to be filed separately. The parties agree that Tammy shall be entitled to claim Ella as a dependent for tax purposes in odd numbered years beginning in 2007, and Shawn shall be entitled to claim Ella as a dependent for tax purposes in even numbered years beginning in 2008. The daycare expenses shall be allocated to the parent who is entitled to claim the dependency exemption under this provision. Upon mutual agreement, the parties may modify who claims Ella and the childcare expenses to obtain the best advantage for the reduction of taxes paid to the IRS. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party guilty of fraud or intentional misrepresentation shall indemnify and save the other party harmless from such tax liability, penalties, interest, counsel fees, accountant's fees and costs. Barring fraud or intentional misrepresentation, the parties shall be equally responsible for and shall pay all such taxes, penalties, interest and expenses. Any refunds awarded from previously filed joint tax returns shall be equally shared between the parties. 16. DIVORCE Shawn and Tammy agree to cooperate with each other in obtaining a final divorce of the marriage. Shawn has filed for a 3301(c) no-fault divorce in Cumberland County, Pennsylvania, docketed at 2006-7295 CIVIL TERM. Shawn and Tammy agree to sign and allow to be filed by Shawn's attorney the documents necessary to obtain an uncontested no-fault divorce upon agreement of the parties as soon as possible after expiration of the 90 day waiting period. Affidavits of Consent and Waivers of Notice shall be signed contemporaneously with the execution of this Agreement. All Affidavits and Waivers shall be delivered to Shawn's attorney, who shall be responsible for filing them with the Court. Within ten days of the date of this Agreement, Shawn's attorney shall file with the Court all of the remaining documents needed to obtain a Decree in Divorce. 17. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of divorce all financial records relating to the marital estate. Each party will allow access to those records to the other party, his or her accountants and attorneys, for the purposes of copying and inspection, in the event of a tax audit. 18. ATTORNEY FEES Each party shall be responsible for their respective attorney fees and costs with respect to the negotiation and drafting of this Marriage Settlement Agreement and the Collaborative and Divorce proceedings related thereto. Each party shall indemnify, defend and hold the other harmless against any future action for counsel fees and costs, brought by or on behalf of the other, and the results of such action. Nothing contained herein shall preclude a party from obtaining counsel fees and costs in the event of a breach of this Agreement. 19. RECONCILIATION. In the event of a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 20. INCORPORATION This agreement is to be incorporated, but not merged, into any subsequent Decree in Divorce. Any Court having jurisdiction shall enforce the provisions of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving all spousal support, alimony pendente lite, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no Court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute this Agreement. 21. CONTINUED COOPERATION Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all written instruments, assignments, releases, deeds or notes or other writings as may be necessary or desirable for the proper effectuation of this agreement. 22. SEPARABILITY In the event any provision of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or other jurisdiciton, such illegality and invalidity shall not in any way affect the other provisions hereof, all of which shall continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to be a separate and undisputed covenant and agreement. 23. BREACH If either party breaches any provision of this agreement, Tammy and Shawn agree to consider using the Collaborative process or mediation to assist them in resolving any issues before taking formal legal recourse. However, either party shall have the unrestricted right, at his or her election, to sue for damages for such breach, or to seek such other remedies or relief as may be available at law or in equity. In the event of a breach, the non-breaching party shall be paid, as a party of any award or judgment against the breaching party, all costs, including reasonable counsel fees incurred as a result of the breach. 24. VOLUNTARY AGREEMENT/ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Shawn by his attorney, Thomas D. Gould, and to Tammy by her attorney, Dawn S. Sunday. The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable under the circumstances, that it is being entered into voluntarily, and that it is not the result of duress or undue influence. The parties further acknowledge that, pursuant to their Collaborative Law Participation Agreement, they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 25. RELEASE. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release, indemnify and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, including equitable distribution, spousal support, alimony, counsel fees, alimony pendente lite, and expenses which either of the parties against the other ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as amended, or under any other statutory or common law, except any and all causes of action for divorce and all causes of action for breach of any provisions of this Agreement. 26. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator/executor of the other's estate. Should a party receive money, property or other benefits to which he or she is not entitled pursuant to the terms of this Agreement, said money., property or other benefit shall be delivered to the Administrator/Administratrix or Executor/Executrix of the estate of the other immediately upon receipt. It is the intention of Tammy and Shawn 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, agreements, and obligations of any nature arising under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendent elite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 27. BINDING EFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 28. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities as this agreement. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 29. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that she or he has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have the Court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Both parties waive the following procedural rights: (a) The right to obtain an Inventory and Appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code; (b) The right to obtain an Income and Expense Statement of the other party as provided by the Pennsylvania Divorce Code; (c) The right to have the Court determine which property is marital and which is non-marital and equitably distribute between the parties that property which the Court determines to be marital; (d) The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to, possible claims for divorce, spousal support, alimony, alimony pendent elite, counsel fees, costs and expenses. 30. PRIOR AGREEMENTS/ENTIRE AGREEMENT It is understood and agreed that any prior agreements which may have been made or executed or verbally discussed prior to the date and time of this Agreement are null and void. This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 31. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding effect whatsoever in determining the rights or obligations of the parties. 32. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 33. EFFECTIVE DATE AND EXECUTION DATE. The effective date and execution date of this Agreement shall be the date on which the parties executed this Agreement, as indicated below. If the parties executed the Agreement on different dates, the effective date and execution date shall be the later of the two dates. IN WITNESS WHEREOF, the parties set their hands and seals. --?Jlco V. '*?? - Witness 2 41-310-1Z ? '! Date SHAWN A. NOVINR t1?13? Witness Date ?t -?, "?-` ? ..? SHAWN A. NOVINGER, PLAINTIFF V. TAMMY L. NOVINGER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-7295 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce on behalf of Tammy L. Novinger and certify that I am authorized to do so. -q, 200 DAT Dawn S. Sunday, Esqui I.D. # 39 WEST MAIN STREET MECHANICSBURG, PA 17055 (717) 730-9622 Cl) ?lz .. N -.-t N N SHAWN A. NOVINGER, Plaintiff V. TAMMY L. NOVINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 7295 CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 27, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: J e-C-C' & 13, 7001 / SHAWN A. NOVINGE r•? SHAWN A. NOVINGER, Plaintiff V. TAMKY L. NOVINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 7295 CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 27, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: AA I L. MC&INGER ra ?:, .ry ?d ??! ?? °?. SHAWN A. NOVINGER, Plaintiff V. TAMMY L. NOVINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 7295 CIVIL ACTION - LAW DIVORCE 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 without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: IZll'lo N GER t?"JI SHAWN A. NOVINGER, Plaintiff V. TAMMY L. NOVINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 7295 CIVIL ACTION - LAW DIVORCE 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 without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ad J DATED: ??Q-c-c)A 13,zco SHAWN A. NOVIN R ?-. ?- ? , ??. ?-?, ?. SHAWN A. NOVINGER, Plaintiff V. TAMMY L. NOVINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 7295 CIVIL ACTION - LAW DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On January 2, 2007, Acceptance of Service. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff, December 13, 2007; By Defendant, December 13, 2007. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on December 14, 2007. Date Defendant's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on December 14, 2007. Thomas D. Gould, Esquire Attorney For Plaintiff _ ?" ??? 12. The parents agree that each shall be entitled to liberal reasonable telephone (and internet if available) contact with Ella when she is in the custody of the other parent, including vacation periods. 13. The parents agree to establish a no-conflict zone for their daughter, to refrain from making derogatory comments about the other parent in the presence or hearing of Ella, and to prohibit third parties from making such comments in the presence or hearing of Ella. Each parent agrees to speak respectfully of the other. 14. The parents agree that neither shall permanently relocate if the relocation would necessitate a change in the regular schedule, result in a change of daycare/school for their daughter, or exceed a 30 mile radius from Ella's daycare/school, without a minimum advance notice of (90) ninety days to the other parent. The parents agree that the (90) ninety day notice is intended to afford the parents an opportunity to renegotiate the custodial arrangements, either between themselves, with the help of a mediator, or within the Collaborative Law Process and, if it is not possible to amicably resolve this issue, to proceed through the legal process. 15. Both parties shall ensure that Ella is transported at all times with appropriate safety restraints as required by Pennsylvania law and that only responsible adults familiar to Ella provide transportation for her. 16. FATHER and MOTHER agree that during periods of custody with Ella, neither party will drink alcohol to the point of intoxication or smoke cigarettes in the residence or vehicle when Ella is present. The parents agree to ensure that third parties having contact with Ella comply with this provision. 17. The parents agree that MOTHER may enroll Ella in religious training classes (CCD classes) and required activities or ceremonies through First Communion and Confirmation in the MOTHER'S church, with the understanding that the classes will not be scheduled on FATHER'S parenting weekends. In the event special required activities or ceremonies take place on FATHER'S parenting weekends, FATHER agrees to make Ella available to attend the activity or ceremony and the parents agree to schedule make-up time for any time missed with FATHER. In the event religious training classes fall on FATHER'S weekday parenting periods, the parents agree to schedule make-up times as well. MOTHER agrees to provide FATHER with schedules and notices of classes, activities or ceremonies and to provide transportation for Ella to attend all classes, mandatory activities and ceremonies under this provision. 18. The parents agree that this Stipulation shall be submitted to the Court of Common Pleas of Cumberland County, Pennsylvania, for approval and for entry of an Order providing for custody as set forth herein. i 19. The parents hereby request that this Honorable Court enter such an Order which shall remain in full force and effect pending further Order of Court. 20. Counsel for FATHER, Thomas D. Gould, Esquire, and counsel for MOTHER, Dawn S. Sunday, Esquire, concur in this request for entry of this Stipulation as an Order of this Court. IN WITNESS WHEREOF, the parties have executed this Stipulation for Entry of a Custody Order on the dates indicated below. Date Dawn S. Sunday, Esq. 1 p Date Thomas D. Gould, Esq. SHAWN A. NOVIN ER C? ?- '? * ? ?,? ?f ? ?' c?... '!?? _...t .?C. J: a SHAWN A. NOVINGER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. TAMMY L. NOVINGER, DEFENDANT NO. 06-7295 CIVIL TERM IN DIVORCE/CUSTODY STIPULATION FOR ENTRY OF CUSTODY ORDER 1. Plaintiff is SHAWN A. NOVINGER (hereinafter referred to as "FATHER"), who currently resides at 619 Old Quaker Road, Apt 2, Lewisberry, Pennsylvania 17339. 2. Defendant is TAMMY L. NOVINGER (hereinafter referred to as "MOTHER"), who currently resides at 3450 Fishing Creek Valley Road, Harrisburg, Pennsylvania 17112. 3. At the time of the filing of the Divorce Complaint, including a Custody Count, on December 27, 2006, both parties resided at their marital residence in Cumberland County. 4. There have been no rulings issued by the Court in the same or any related matter. 5. MOTHER and FATHER, having used the Collaborative Law Process to amicably settle and resolve the matter of custody with respect to their daughter, Ella A. Novinger, born January 14, 2006, hereby stipulate and agree to the entry of an Order of Court providing for custody of Ella in accordance with this Stipulation. 6. The parents agree to share legal custody of Ella. The parents agree that major decisions concerning their daughter, including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following an harmonious policy in their daughter's best interest. Each parent shall notify the other of any activity or circumstances concerning his or her daughter that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of Ella at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. Section 5309, each parent shall be entitled to complete and full information from any doctor, dentist, teacher, psychologist, professional or authority and to have copies of any reports or information given to either of them as a parent as authorized by statute. 7. MOTHER and FATHER agree that they shall have shared physical custody of Ella in accordance with the following schedule: A. FATHER shall have Ella on alternating weekends when MOTHER works from Friday at 5:30 p.m. through Sunday at 6:30 p.m. or through Monday at 8:00 a.m. if MOTHER works the 3:00 p.m. to 11:00 p.m. shift on Sunday. B. FATHER shall have Ella for two days and nights each week when MOTHER is working. When MOTHER works the day shift (7:00 a.m. - 3:30 p.m.), FATHER shall have Ella beginning at 6:00 p.m. on the previous day and return Ella to MOTHER after her work by 4:00 p.m. When MOTHER works the evening shift (3:00 p.m. - 11:30 p.m.), FATHER shall pick up Ella at the daycare after work at the beginning of his period of custody and return her to MOTHER by 8:00 a.m. the following day. When MOTHER works a double shift (7:00 a.m. - 11:30 p.m.), MOTHER shall take Ella to daycare, and FATHER shall pick up Ella at daycare after work and return Ella to MOTHER by 8:00 a.m. the following day. C. MOTHER shall have custody of Ella at all times not otherwise specified for FATHER in this provision. 8. The parents agree to cooperate with each other in sharing responsibility to provide care for Ella when she is sick and when she has a day off from daycare. 9. The parents agree that MOTHER shall have Ella on Mother's Day each year and FATHER shall have Ella on Father's Day each year from 9:00 a.m. until 6:00 p.m. 10. The parents agree that they shall have custody of Ella on holidays as follows: A. Christmas/Easter: The Christmas and Easter holiday periods of custody shall be divided into Segment A, which shall run from the evening before the holiday at 6:00 p.m. through the day of the holiday at 2:00 p.m., and Segment B, which shall run from the day of the holiday at 2:00 p.m. through the following day at 6:00 p.m. MOTHER and FATHER agree to rotate having custody of Ella during Segment A and B on each holiday each year based upon MOTHER'S work schedule but ensuring that there is an equal rotation between both parents for each holiday. B. Alternating holidays: FATHER and MOTHER agree to alternate having custody of Ella on New Year's, Memorial Day, July 4"', Labor Day and Thanksgiving with the holiday period of custody to run from 9:00 a.m. until 6:00 p.m. on the holiday. The alternation of the holidays shall be scheduled so that MOTHER has custody on holidays when she is not working, but shall be scheduled to ensure an equal alternation of each holiday. If FATHER'S holiday follows his weekend, his parenting period will be continuous. C. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 11. The parents agree that they shall each have one week of vacation with Ella each year, upon providing at least (30) thirty days advance notice to the other parent. In the event both parents choose the same time, the parent who provides notice first shall be entitled to preference on his or'her selection of vacation dates. Beginning in May 2008, the parents agree that they shall each be entitled to have two nonconsecutive weeks of vacation with Ella each year, with the same notice requirements. Periods of vacation custody may be divided into smaller segments (number of days), but no more than 7 days shall be scheduled to run consecutively. Neither parent shall schedule vacation periods of custody within one week of Christmas or Thanksgiving. The parents agree that Ella shall not be removed from school (after she begins first grade) for a vacation period of custody without the prior consent of the other parent. s DEC 17 2D07pJ SHAWN A. NOVINGER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-7295 CIVIL TERM TAMMY L. NOVINGER, IN DIVORCE/CUSTODY DEFENDANT ORDER OF COURT AND NOW, this I q day of? , 200 1, upon consideration of the attached Stipulation for Entry of Custody Order entered into by the parents participating in the Collaborative Law Process, IT IS HEREBY ORDERED AND DECREED that custody of Ella A. Novinger, born January 14, 2006, shall be as follows: 1. The parents shall share legal custody of Ella. Major decisions concerning their daughter, including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following an harmonious policy in their daughter's best interest. Each parent shall notify the other of any activity or circumstances concerning his or her daughter that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of Ella at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. Section 5309, each parent shall be entitled to complete and full information from any doctor, dentist, teacher, psychologist, professional or authority and to have copies of any reports or information given to either of them as a parent as authorized by statute. 2. MOTHER and FATHER shall share physical custody of Ella in accordance with the following schedule: A. FATHER shall have Ella on alternating weekends when MOTHER works from Friday at 5:30 p.m. through Sunday at 6:30 p.m. or through Monday at 8:00 a.m. if MOTHER works the 3:00 p.m. to 11:00 p.m. shift on Sunday. B. FATHER shall have Ella for two days and nights each week when MOTHER is working. When MOTHER works the day shift (7:00 a.m. - 3:30 p.m.), FATHER shall have Ella beginning at 6:00 p.m. on the previous day and return Ella to MOTHER after her work by 4:00 p.m. When MOTHER works the evening shift (3:00 p.m. - 11:30 p.m.), FATHER shall pick up Ella at the daycare after work at the beginning of his period of custody and return her to MOTHER by 8:00 a.m. the following day. When MOTHER works a double shift (7:00 a.m. - 11:30 p.m.), MOTHER shall take Ella to daycare, and FATHER shall pick up Ella at daycare after work and return Ella to MOTHER by 8:00 a.m. the following day. C. MOTHER shall have Ella at all times not otherwise specified for FATHER in this provision. 3. MOTHER AND FATHER shall cooperate with each other in sharing responsibility to provide care for Ella when she is sick and when she has a day off from daycare/school. 4. MOTHER shall have Ella on Mother's Day each year and FATHER shall have Ella on Father's Day each year from 9:00 a.m. until 6:00 p.m. 5. FATHER and MOTHER shall have Ella on holidays as follows: A. Christmas/Easter: The Christmas and Easter holiday periods of custody shall be divided into Segment A, which shall run from the evening before the holiday at 6:00 p.m. through the day of the holiday at 2:00 p.m., and Segment B, which shall run from the day of the holiday at 2:00 p.m. through the following day at 6:00 p.m. MOTHER and FATHER shall rotate having Ella during Segment A and Segment B on each holiday each year based upon MOTHER's work schedule but ensuring that there is an equal rotation between both parents of each holiday. B. Alternating holidays: FATHER and MOTHER shall alternate having custody of Ella on New Year's, Memorial Day, July 0, Labor Day and Thanksgiving with the holiday period of custody to run from 9:00 a.m. until 6:00 p.m. on the holiday. The alternation of the holidays shall be scheduled so that MOTHER has custody on holidays when she is not working, but shall be scheduled to ensure an equal alternation of each holiday. If FATHER'S holiday follows his weekend, his parenting period will be continuous. C. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. Each parent shall have one week of vacation with Ella each year, upon providing at least (30) thirty days advance notice to the other parent. In the event both parents choose the same time, the parent who provides notice first shall be entitled to preference on his or her selection of vacation dates. Beginning in May 2008, each parent shall be entitled to have two nonconsecutive weeks of vacation with Ella each year, with the same notice requirements. Periods of vacation custody may be divided into smaller segments (number of days), but no more than 7 days shall be scheduled to run consecutively. Neither parent shall schedule vacation periods of custody within one week of Christmas or Thanksgiving. Neither parent shall remove Ella from school (after she begins first grade) for a vacation period of custody without the prior consent of the other parent. 7. Each parent shall be entitled to liberal reasonable telephone (and internet if available) contact with Ella when she is in the custody of the other parent, including vacation periods. 8. Both parents shall establish a no-conflict zone for their daughter, refrain from making derogatory comments about the other parent in the presence or hearing of Ella, and prohibit third parties from making such comments in the presence or hearing of Ella. Each parent shall speak respectfully of the other. 9. Neither parent shall permanently relocate if the relocation would necessitate a change in the regular schedule, result in a change of daycare/school for their daughter, or exceed a 30 mile radius from Ella's daycare/school, without a minimum advance notice of (90) ninety days to the other parent. The (90) ninety day notice is intended to afford the parents an opportunity to renegotiate the custodial arrangements, either between themselves, with the help of a mediator, or within the Collaborative Law Process and, if it is not possible to amicably resolve this issue, to proceed through the legal process. 10. Both parents shall ensure that Ella is transported at all times with appropriate safety restraints as required by Pennsylvania law and that only responsible adults familiar to Ella provide transportation for her. 11. During periods of custody with Ella, the parents shall refrain from drinking alcohol to the point of intoxication or smoking cigarettes in the residence or vehicle when Ella is present. The parents shall ensure that third parties having contact with Ella comply with this provision. 12. MOTHER may enroll Ella in religious training classes (CCD classes) and required activities or ceremonies through First Communion and Confirmation in the MOTHER'S church, with the understanding that the classes shall not be scheduled on FATHER'S parenting weekends. In the event special required activities or ceremonies take place on FATHER'S parenting weekends, FATHER shall make Ella available to attend the activity or ceremony and the parents shall schedule make-up time for any time missed with FATHER. In the event religious training classes fall on FATHER'S weekday parenting periods, the parents shall schedule make-up times as well. MOTHER shall provide FATHER with schedules and notices of classes, activities or ceremonies and provide transportation for Ella to attend all classes, mandatory activities and ceremonies under this provision. 13. The parents may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Distribution: a omas D. Gould, Esquire - Counsel for Father awn S. Sunday, Esquire - Counsel for Mother BY T COURT J. 0 .Zd 6 1 330 LOOZ 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SHAWN A. NOVINGER, Plaintiff VERSUS TAMMY L. NOVINGER, Defendant c?A71" No. 26V?-- 7295 DECREE IN DIVORCE CIVIL AND NOW, l7t-t?s?.,?(??•? / yo- , "d, , IT IS ORDERED AND DECREED THAT SHAWN A. NOVTNrF.R , PLAINTIFF, AND TAMMY L. NOVINGER ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; THE MARRIAGE SETTLEMENT AGREEMENT DATED DECEMBER 13, 2007 IS HEREBY INCORPORATED INTO THIS DECREE IN DIVORCE. By THE COURT: ATT E J. IL AA PROTHONOTARY &I V 4-4? 'w t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA In Re the Marriage of: Shawn A. Novinger, Petitioner and Tammy L. Novinger, Respondent No. 2006-7295 Civil JOINT PETITION FOR QUALIFIED DOMESTIC RELATIONS ORDER TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW comes Petitioners, Shawn A. Novinger, by and through his attorney, Mark W. Allshouse, Esquire, and Tammy L. Novinger and respectfully requests the entry of a Qualified Domestic Relations Order and in support thereof avers as follows: 1. A decree in Divorce was entered in the above-referenced case on December 19, 2007, and therein, the marriage of Shawn A. Novinger and Tammy L. Novinger (collectively, the "Parties") was dissolved. 2. This Court has personal jurisdiction over the Parties and jurisdiction over the subject matter of this Order and the dissolution proceeding. 3. The Court intends that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as a "QDRO") within the meaning of Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), and Section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code"). 4. In accordance with Paragraph 9 of the Marriage Settlement Agreement which is incorporated into the Decree in Divorce of December 19, 2007, Shawn A. Novinger hereby is granted and assigned an interest in the vested account balance of Tammy L. Novinger's Pinnacle Health 403(b) Plan (the "Plan"), as herein provided. The parties have agreed that as a result of the reduction in the value of the account, that Shawn A. Novinger should be awarded Five Thousand Six Hundred and 001100 Dollars ($5,600.00) of the Participant's vested account with Pinnacle Health. 6. The Parties are requesting a Qualified Domestic Relations Order to memorialize and finalize their Agreement. 7. The Order has been filed with this Petition for execution. WHEREFORE, Petitioners respectfully request this Honorable Court to enter the accompanying Qualified Domestic Relations Order. Date: 5 olol Respectfully submitted, Vark W. Allshouse/Esquire ttorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Shawn A. Novinger I hereby concur in this Petition for Qualified Domestic Relations Order: Date: :5120101 L. N 14er, pro se 345 ishing eek Valley Rold Harrisburg, PA 17112 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA In Re the Marriage of. Shawn A. Novinger, ) Petitioner ) and ) No. 2006-7295 Civil Tammy L. Novinger, ) Respondent ) CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, as follows: Dawn Sunday, Esquire 39 West Main Street, # I Mechanicsburg, PA 17055 Tammy L. Novinger 3450 Fishing Creek Valley Road Harrisburg, PA 17112. Date: 5 ?j?) 09' 0&6W4.? Jshouse, Es uire MkW. All Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Petitioner, Shawn A. Novinger Fi EL CF THE ?611rp r?.? 1?1 N't ??0' 9 f' r" c8 pM 3: 4? t' li N 0 2 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA In Re the Marriage of ) Shawn A. Novinger, ) Petitioner ) and ) No. 2006-7295 Civil Tammy L. Novinger, ) Respondent ) QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, a Decree in Divorce was entered in the above-referenced case on December 19, 2007, and therein, the marriage of Shawn A. Novinger and Tammy L. Novinger (collectively, the "Parties") was dissolved; and WHEREAS, this Court has personal jurisdiction over the Parties and jurisdiction over the subject matter of this Order and the dissolution proceeding; and WHEREAS, the Court intends that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as a "QDRO") within the meaning of Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), and Section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code"); NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COURT as follows: 1. In accordance with Paragraph 9 of the Marriage Settlement Agreement which is incorporated into the Decree in Divorce of December 19, 2007, Shawn A. Novinger hereby is granted and assigned an interest in the vested account balance of Tammy L. Novinger's Pinnacle Health 403(b) Plan (the 'Plan"), as herein provided. a. The Participant shall mean Tammy L. Novinger, whose Social Security Number is 206-50-8193, and whose current address is 3450 Fishing Creek Valley Road, Harrisburg, PA 17112. b. The Alternate Payee shall mean Shawn A. Novinger, whose Social Security Number is 188-56-7147, and whose current address is 240 Richwine Road, Apartment # 1, Shermans Dale, PA 17090. c. The Plan Administrator shall mean Pinnacle Health. d. This Order is intended to award Alternate Payee a lump sum benefit of Five Thousand Six Hundred Dollars ($5,600) of the Participant's vested account. The remaining balance of Participant's account, after the aforementioned amount is segregated for the benefit of the Alternate Payee, shall be the sole and separate property of Participant. e. Distribution to the Alternate Payee of the aforementioned amount shall commence to be paid upon his request to the Plan Administrator, such request to be honored in a manner consistent with the terms of the Plan and in no event prior to the date the Participant attains the earliest retirement age as defined by Code Section 414(p)(4)(B). The Alternate Payee shall be responsible for the payment of all taxes incurred by reason of any benefit paid to the Alternate Payee's address listed above. f. In the event of the Alternate Payee's death before the account balance set aside for the benefit of the Alternate Payee shall be paid to him as provided under this Order, the Plan Administrator shall direct the Trustee to pay the balance of such Account to the decedent's estate of the Alternate Payee. All distributions to the Alternate Payee or decedent's estate shall be made pursuant to the provisions of Section 401(a)(9) of the Code. g. The death of the Participant prior to the payment of the lump sum benefit to which the Alternate Payee or decedent's estate shall be entitled shall not alter the obligation hereunder to -2- distribute the benefits granted to him. Furthermore, to the extent applicable, the Alternate Payee shall be treated as the surviving spouse of the Participant under Section 414(p)(5) of the Code and ERISA Section 206(d)(3)(F), but only with respect to the amount of benefits payable to the Alternate Payee pursuant to Paragraph e, above. h. The terms and provisions of this Order do not and shall not require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan, nor does the Order or shall the Order require the Plan to provide increased benefits (determined on the basis of actuarial value). This Order does not and shall not require the Plan to provide benefits to an alternate payee under another order that was previously determined to be a QDRO. i. This Court shall retain jurisdiction with respect to this Order to the extent required to retain the qualified status of the Order and to interpret and carry out the provisions of the Order. BE IT SO ORDERED BY THE COURT: DATE:_ APPROVED: Tam L. N er, Pati ant Shawn A. Novinger, Altern rPoyee RLED40: 'FIDE OF THE PROIOTAR' 1609 JUN 26 Pty Z: 2 0 CL#A&i- ??.:a*1 "'a INN