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Home My WebLink About02-3403 AMY E. ADAMS, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : 2002 - CIVIL TERM PAUL L. ADAMS, Defendant. : IN DIVORCE 0.,2 -,3L;o::J 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, 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, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA AMY E. ADAMS, v. : CIVIL ACTION - LAW : 2002 - CIVIL TERM PAUL L. ADAMS, Defendant. : IN DIVORCE 9.;1. ,. .:3403 COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(a)(6) AND 3301(c) OF THE DIVORCE CODE COUNT I: Section 3301(a)(6) AND NOW, comes the Plaintiff, Amy E, Adams, by and through her attorneys, IRWIN, McKNIGHT & HUGHES, Esquires, and files this Complaint in Divorce against the Defendant upon the cause of action hereinafter set forth: I, Plaintiff is Amy E, Adams, an adult individual who resides at 444 W, Main Street, Walnut Bottom, Cumberland County, Pennsylvania, 2, The Defendant is Paul L. Adams, an adult individual residing at 2251 Pine Road, Newville, Cumberland County, Pennsylvania, 2, The Defendant and Plaintiff have resided in the Commonwealth of Pennsylvania for at least six months previous to the filing of this action in divorce. 3, The Defendant and Plaintiff were married on or about September 26,1998. 4, There was one child born to this marriage, namely Nicholas E, Adams, born September I, 2000 (age I y,). 6, Pursuant to the Divorce Code, Section 330l(a)(6), the Plaintiff avers as the grounds 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 said party has the right to request that the court require the parties to participate in counseling, WHEREFORE, the Plaintiff demands judgment a, Dissolving the marriage between the two parties; b, Equitably distributing all property, both personal and real, owned by the parties; and c. for such further relief as your Honorable Court may deem equitable and just. COUNT II: Section 3301(c) 8, The averments of Paragraphs One through Five are incorporated herein by reference as though fully set forth below. 9, Plaintiff avers as the grounds upon which the Action in Divorce is based is that the marriage of the parties is irretrievably broken, 10, The averments of Paragraph Six are incorporated herein by reference as though fully set forth below, WHEREFORE, the Plaintiff demands judgment a. Dissolving the marriage between the two parties; b, Equitably distributing all property, both personal and real, owned by the parties; and c, for such further relief as your Honorable Court may deem equitable and just. Date: July D-, 2002 Respectfully submitted, Rebecca R. Hughes, Attorney for Plaintiff 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I. D. No, 67212 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action, I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief, I understand that false statements herein made are subject to the penalties of 18 Pa,C,S.A, Section 4904, relating to unsworn falsification to authorities, ~e~ A E. ADAMS Date: 71t? ,2002 .'"."""0" f'r -- \.J ..... ~ ..... ~ '1J .c V 11"\ ._.UM_ ,,~'''''=,,- ~ .. II ~ \' ~ ,....... ~\ ?l 0; ~ & ~ r6 It e "" (') c: -~;: mC~' 7,cn zr" ::9 ;.;,; r.;!>,t.':;c; <:c; ~--1 ~'" --n J>e: z ~ o 'v ,- , o .-n :~ :~;:~ ,:',0 ("' T _:-~~C) L-~T c7"') -rl +.7(') t5rn ..:., "!> ~ co """ :x 9? I'"'" rv VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action, I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C,S,A. Section 4904, relating to unsworn falsification to authorities, ~e~ A E. ADAMS Date: 7ft? ,2002 """_,.,,,bf Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA AMY E. ADAMS, v. : CIVIL ACTION - LAW : 2002 - CIVIL TERM PAUL L. ADAMS, Defendant. : IN CUSTODY PETITION FOR CUSTODY AND NOW, this il"day of July, 2002, comes the Plaintiff, Amy E, Adams, by and through her attorneys, IRWIN, McKNIGHT & HUGHES, Esquires, and files this Petition for Custody, making the following statement: 1. The Plaintiff is Amy E, Adams, an adult individual residing at 444 West Main Street, Walnut Bottom, Pennsylvania 17266, 2, The Defendant is Paul L. Adams, an adult individual residing at 2251 Pine Road, Newville, Pennsylvania 17241. 3. The parties in this matter were married on September 26, 1998 and separated July 11, 2002, 4, There is one (I) child born to this marriage, namely Nicholas E, Adams, date of birth September 1,2000, 5. During the marriage, the Defendant has been neglectful while the minor child was in his care, 6. The Plaintiff is desirous of obtaining an order of court awarding her primary physical custody of the minor child with periods of partial custody to the Defendant as agreed upon by the parties, WHEREFORE, the Plaintiff respectfully requests that she be granted primary physical custody with partial physical custody to the Defendant as agreed upon by the parties, Respectfully submitted, IRWIN, McKNIGHT & HUGHES Dated: 7/17 By: Rebecca R. Hughes, Esquire Attorney for the Plaintiff 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Supreme Court I.D, No: 67212 ,2002 --...--.----.-..--____..4'.. VERIFICATION The foregoing docwnent is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief, I understand that false statements herein made are subject to the penalties of 18 Pa,C,S.A, Section 4904, relating to unsworn falsification to authorities, !2vui:p. ~ AM E. ADAMS Date: ~1!7 ,2002 AMY E. ADAMS, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : 2002 - 3403 CIVIL TERM PAUL L. ADAMS, Defendant. : IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE. INTERIM COUNSEL FEES AND EXPENSES AND NOW, comes Petitioner, Amy E. Adams, by and through her counsel of record, Rebecca R. Hughes, Esquire, and petitions the Court as follows: 1. Your Petitioner is the above named Plaintiff, Amy E. Adams, an adult individual currently residing at 444 West Main St., Walnut Bottom, PA 17266. 2, Your Respondent is the above named Defendant, Paul L. Adams, an adult individual currently residing at 2251 Pine Rd" Newville PA 17241. 3. Petitioner's date of birth is 11/16/78, and her Social Security number is 175685915. 4. Respondent's date of birth is 2/7/77, and his Social Security number is 172 58 4367. 5. The divorce action filed to the above docketed number in the Court of Common Pleas of Cumberland County requests a divorce based upon Section 3301(a) (6) and 3301 (c) of the Divorce Code of 1980 as amended. 6. Petitioner has employed counsel and will incur certain costs and expenses in pursuit of the aforementioned divorce action, but is without sufficient assets or income to support herself, pay for attorney's fees, or pay for the costs and expenses associated with this action, .. - - --.--- .,-_.._--,-~"._- _.~ 7, Respondent has sufficient income and earning capacity, as well as assets, to support the Petitioner or to assist in supporting Petitioner, and to pay alimony pendente lite to Petitioner, as well as assist in paying her counsel fees, costs and expenses. Lite, Interim Counsel Fees, Costs and Expenses in this matter, WHEREFORE, Petitioner requests this Honorable Court to enter an Order of Alimony Pendente Respectfully submitted, IRWIN, McKNIGHT & HUGHES Rebecca R. Hughes, Esquire Attorney for PlaintifjlPetitioner 60 West Pomfret Street Carlisle, PAl 7013 (717) 249-2353 By: Dated: July 22, 2002 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ~ l. atAhlWr- AM 'E. ADAMS Date: 7 -dd.... ,2002 t ~t=rt -t ~ .It ~ o ...D 1 ~ ~ ....J "- ~ ........... ~\ \ () c:: .:?- ;p C'!J ;2q @,s' (-. (-". i:;' ~~,) , co a N ,s ro= ~ o .] i;r;} ,F9 . ./(~ ,\~{ <) 11 :;~... ...:,:" .CQ -< ~ ~, ,~ -~ _J oJ) o. :~.... o C $: ""0 C) nl!I' Z,"-, Zr:' (f))." -< ".'c: ~8 )>- s ~3 ..... 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'Ii' : un/ 02 .JUL .10 " .,: II c; ~ ,." , ,",i.Avid i::~ . PE~~/\tS'\.;L; '~~/\' ~~'~) I\{rl I dt'JlA. ~ 7;30 -tJ;J-. tXf- ~ ~ ~ -;# ,M~~ '730-0C) 7l~ ~ Z ~. , 7-3?-t!J.) ~ ~ ~ ai; ~ ,~- ... , AMY E. ADAMS, PlaintifflPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA VS. CIVIL ACTION - DIVORCE PAUL L. ADAMS, DefendantJRespondent NO. 2002-3403 CIVIL TERM IN DIVORCE DR# 31920 PacseS# 002104714 ORDER OF COURT AND NOW, this 8th day of August, 2002, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before RJ. Shaddav onA,,1lIISt 30.2002 at 10:30 A.M for a conference, at 13 N. Hanover St., Carlisle, P A 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered, YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11!Q (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest, BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 8-8-02 to: < Respondent Rebecca Hughes, Esquire .~ -~,.~/'! Date of Order: August 8, 2002 t ' l. R. J. d nference Officer / ~ ; I YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND' REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVE, CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 Obe, (") c "< -oijC n-Ip, :z :'!. Zi S}:- r: ~E .roc ~ C") 1".) ,. c:: ::;-) I ,.0 n -1'1 ,'~ :'~ ", (~i -~ l_..._ > (L~ ~j ::r:, .-,; :Q ,-~O :;::::c~~nl :::::'\ '55 -< :!::<'" :i: -...:> r~ SEP 0 5 2002 AMY E. ADAMS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2002-3403 CIVIL TERM PAUL L. ADAMS, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT ANDNOW,this~dayof c;t :it--.L,.T , 2002, upon consideration of the attached Custody Conciliatibrl'"'Report, it is ordered arid dIrected as follows: 1. The Mother, Amy E. Adams, arid the Father, Paul L. Adams, shall have shared legal custody of Nicholas E. Adams, born September 1,2000. Each parent shall have arI equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education arid religion. 2. Mother shall have primary physical custody of the Child. 3, Father shall have periods of partial physical custody as follows: A. Beginning September 5, 2002, every Monday, Tuesday arid Thursday from 9:00 a.m. to 2:00 p.m. arid continuing on said schedule until October 17,2002. B. Beginning September 22, 2002, alternating weekends, Sundays after church to Mondays at 2:00 p.m. C, Beginning October 19, 2002, alternating weekends, Saturdays at 9:00 a.m. to Mondays at 2:00 p.m. arid continuing thereafter on said alternating schedule. D. Beginning the week of October 20,2002, every Tuesday arid Thursday from 9:00 a.m. to 2:00 p.m. E, Father also has the option of9 additional weekends during a one year period beginning October 19, 2002 from Saturday at 9:00 a.m. to Monday at 2:00 p,m. provided he gives Mother two weeks prior notice of exercising said times, 4. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have physical custody of the Child for Block A in even numbered years arid Block B in odd numbered VlNV/mSNN3d tVNnO~) []r\~~r':ijfJfiVnJ O~:2 /.id II J3S 2'0 J..UV:tCiI. " ,-' ..,,-.. years. Father shall have physical custody of the Child for Block A in odd numbered years and Block B in even numbered years. 5. Mother shall have physical custody of the Child on Mother's Day from 9:00 a.m. to 5:00 p.m. Father shall have physical custody of the Child on Father's Day from 9:00 a.m. to 5:00 p.m. 6. The Thanksgiving holiday shall be split such that Father shall always have physical custody of the Child from 9:00 a.m, to 3:00 p.m. Mother shall always have physical custody of the Child from 3:00 p.m, to 9:00 p.m. 7. The Easter holiday shall be split such that Mother shall always have physical custody of the Child from 9:00 a.m. to 3:00 p.m. Father shall always have physical custody of the Child from 3:00 p.m. to 9:00 p.m. 8. The parties shall alternate the following holidays from 9:00 a.m. to 5:00 p.m.: Memorial Day, July 4th and Labor Day, with Father having Memorial Day in 2003. 9. Each party shall be entitled to two (2) non-consecutive weeks every year with the Child provided they give the other party 30 days prior notice. When Father exercises his vacation periods, he will attempt to have his weeks coincide with his regular alternating weekend schedule. 10. During Father's periods of custody he will insure that the Child is properly fed, diapered, and supervised. Father agrees to keep the Child's environment a comfortable temperature for the Child. 11. 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. J. c<yRebecca R. Hughes, Esquire, Counsel for Mother ,....Carol J. Lindsay, Esquire, Counsel for Father AMY E. ADAMS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2002-3403 CIVIL TERM PAUL L. ADAMS, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nichols E. Adams September 1, 2000 Mother 2. A Conciliation Conference was held in this matter on September 4, 2002, with the following individuals in attendance: The Mother, Amy E. Adams, with her counsel, Rebecca R. Hughes, Esquire and Father, Paul L. Adams, with his counsel, Carol J. Lindsay, Esquire, 3, The parties agreed to the entry of an Order in the form as attached. q - 5'~()~ Date Jac eline M. Verney, Esquire Custody Conciliator AMY E. ADAMS, plaintifflPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE PAUL L ADAMS, DefendantJRespondent NO. 2002-3403 CIVIL TERM IN DIVORCE DR# 31920 PacseS# 002104714 ORDER OF COURT NOTICE OF RESCHEDULED CONFERENCE AND NOW, this 17th day of September, 2002, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before RJ. Shaddavon Octobo 10.2002 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, P A 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered, YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Ru1e 19l0.11lO (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest, BY THE COURT, George E, Hoffer, President Judge Date of Order: September 17, 2002 ,1 <~ . ./~..~~~. . ... R J.. hadda, Conference Officer (/ YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND' REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. Petitioner < Respondent Carol Lindsay, Esquire Rebecca Hughes, Esquire Mail copies on 9-17-02 to: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE, CARLISLE. PENNSYLVANIA 17013 (717) 249-3166 eJe Ie, o ~; -rJCi"' mn ~2. (;;5>" -..-' , ~C ~~ .'.~ Zl,' { -.~ 5> (:.~~ ~..,.... ~_. --j -<. C:' tv ::/) ,"''1 -~u "--1 ~'(1 3..: :....., ~ (~ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320. CARLISLE, PA. 17013 Defendant Name: PAUL L. ADAMS Member ID Number: 3504101007 Please note: All correspondence must include the Member In Number. ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS Financial Break Down of MultiDle Cases on Attachment Plaintiff Name ""-AMS ~ 31 '6'& S- PACSES Case Number Docket ~ AttaChm~ ~ 54, ~ ~ ~ ! ~ $ / -~ TOTAL ATI'ACHMENT AMOUNT: $ 614 ,00 Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $141. 69 per week, or 55 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, PAUL L. ADAMS Social Security Number 172 - 5 8 - 4 367 , Member ID Number 3504101007 . BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages, If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. ~ 1673 (b)(2) and 23 Pa, C.S,A. ~ 4348 (g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated JUNE 23, 2002 is exhausted, expired or deferred. BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court, All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court, BY THE COURT Date of Order: rrr 1 1 2002 JUDGE Service Type M Form EN-530 Worker ID $IATT () I? ! c:, D c- ;r- "'"0(;> {Ji6 "~ ~.. 2:i-.} C.')> -< ;;::( i~ /;; < -.-J -.:: C:J ""> o c") --I o --r--: CI' -' ,,:'" ~ ',1'"/ "-..J -., ; "";(-(, ,~ 2? " ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 10/10/02 Tribunal/Case Number (See Addendum for case summary) o Original Order/Notice o Amended Order/Notice o Terminate Order/Notice Employer/Withholder's Federal EIN Number RE: ADAMS, PAUL L. Employee/Obligor's Name (Last, First, MI) 172-58-4367 Employee/Obligor's Social Security Number 350U01007 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) LEAR EAST LP 50 SPRING RD PO BOX 40 CARLISLE PA 17013-0040 blJ. fro I S t;l.RJO;J ;JlICm 4S710lf~~JY y/C ~I f& S- See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania, By law, you are required to deduct these amounts from the above-named employee's!obligor's income until further notice even if the Order/Notice is not issued by your State, $ 564.00 per month in current support $ 50.00 per month in past-due support Arrears 12 weeks or greater? ~yes 0 no $ 0.00 per month in medical support $ o. 00 per month for genetic test costs $ per month in other (specify) for a total of $ 614.00 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 your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 141.69 per weekly pay period. $ 283.38 per biweekly pay period (every two weeks). $ 307.00 per semimonthly pay period (twice a month). $ 614.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) 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, Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's! obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg, 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCOU Send check to: Pennsylvania SCOU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS 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. ~c Form EN-028 Worker JD $IATT OCT 1 1 2002 Date of Order: . Service Type M ~"~~<':'- "'~'. ',):.,'I~M J.,~,.( ","' ,~, ), B No.: 0970-0154 ~ilft.'~'" ~ II) -II-?;}- () 2t (c, ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If I;hecked you are required to provide a copy of this form to your employee. If YO\lr employee ~orks in a state that is ditterent from the state that issued this order, a copy must be provided to your employee even if the box is not checked, 1, We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice, 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same 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 lisled below, 3, Combining Payments: You can combine wilhheld 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. 4,' ~:~:! ~h: ~~d?~~t~of'~','~holdil,g, YOIJ n,tlstlepMthe paydateldale of ..i.thl.oldi',g ..I,e" selodilog t~ payl"e"t. TI,e paydate/dareo of "itl,t',old;(\!l ;3 tl,e date on ..hid, 1II1,OU"t ;~as ..111,I,eld NO,1' t1,e el"ployee's "ages. You must comply With the law of the state of the employee'slobligor's principal place of employment with respect to the time periods within which you must implemenl the withholding order and forward the support payments, 5.' Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Nolices due to Federal or State withholding limits, you must follow the law of the state of employee'slobligor's principal place of employment. You must honor all Orders/Noticesto the greatest extent possible, (See #10 below) 6, Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you, Please provide lhe information requested and return a copy of this Order/Notice to the Agency identified below, WITHHOLDER'S ID: 2516624550 EMPLOYEPS/OBLlGOR'S NAME: ADAMS , PAUL L. EMPLOYEE'S CASE IDENTIl=IER: 3504101007 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7, Lump Sum Payments: You may be required 10 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. 8. Liability: If you fail to wilhhold income as the Order/Nolice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor'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, 9, Anti~iscrimination: You are subject to a fine determined under State lawfor discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding, Pennsylvania State law governs unless the obligor is employed in anolher State, in which case the law of the Slate in which he or she is employed governs. 10,' Withholding Limits: Vou may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (1 5 U,S,c. 91673 (b)1; or 2) the amounts allowed by the State of lhe employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE), ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. 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, Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (7171 240-6248 or by internet www.childsupport.state.pa.us Service Type M Page 2 of 2 Form EN-028 Worker ID $IATT OMB No.: 097()...Q154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: ADAMS, PAUL L. PACSES Case Number 002104714/3/1;;& Plaintiff Name AMY E. ADAMS Docket Attachment Amount 02::3403 CIVIL$ 160.00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. Service Type M QMB No.: 0970-0154 PACSES Case Number 45710465V31.q~S- Plaintiff Name AMY E. ADAMS Docket Attachment Amount 00601S 2002 $ 454.00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) above in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. Addendum Form EN-028 Worker ID $IATT (") a 0 c 1"'0 -'1 ?: c:> , U !.") ::J n-; --I =; C C/:l e, -<, - ~ ,- , ,- ~. (-~',' -J s;: '0. I ::-=i :FI 5J -<. -....J -< AMY E. ADAMS, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE PAUL L. ADAMS, DefendantIRespondent : NO. 2002-3403 CIVIL TERM IN DIVORCE DR# 31920 Pacses# 002104714 ORDER OF COURT AND NOW, this 11th day of October, 2002, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,067,71 and Respondent's monthly net income/earning capacity is $2,071.58, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $160,00 per month payable weekly as follows; $33,92 for alimony pendente lite and $3,00 on arrears, First payment due next pay date, Arrears set at $441.00 as of October 10,2002, The effective date of the order is July 24,2002, Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa,C,S.~ 3703, Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the P A SCDU to: Amy E, Adams, Payments must be made by check or money order. All checks and money orders must be made payable to P A SCDU and mailed to: PASCDU P.O, Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's P ACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. ()~ rC" Unreimbursed medical expenses that exceed $250.00 annually are to be paid 0% by the respondent and 100% by petitioner, The petitioner is responsible to pay the first $250,00 annually in unreimbursed medical expenses. Respondent to provide medical insurance coverage, Within thirty (30) days after the entry of this order, the Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made, Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court, DRO: R. J. Shadday Mailed copies on 10-11-02 to: < BY THE COURT, Petitioner Respondent Rebecca Hughes, Esquire Carol Lindsay, Esquire 1. () c- fff{ ?3:: c,-:( y;;- -~.;- '. ~~: ,~, .-~ a 1\..\ ,:;:) ,-..., -~ -,.., (J :j ~ :/1 ......} In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P,O. BOX 320, CARLISLE, PA. 17013 Defendant Name: PAUL L, ADAMS Member ID Number: 3504101007 Please note: All correspondence must include the Member ill Nwnber. ORDER OF ATfACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS Financial Break Down of MultiDle Cases on Attachment Plaintiff Name AMY E. ADAMS AMY E. ADAMS PACSES Case Number 002104714 457104658 Docket Number 02-3403 CIVIL 00601 S 2002 Attachment Amount/Freauency $ ~ $ $ ~ $ 160.00 lMONTH 454. 00 ~MONTH / ~ ~ / / TOTAL ATIACHMENT AMOUNT: $ 614.00 Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $141, 69 per week, or 55 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, PAUL L. ADAMS Social Security Number 172-58-4367, Member ID Number 3504101007 , BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. ~ 1673 (b)(2) and 23 Pa, C.S.A. ~ 4348 (g), This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated JUNE 22, 2003 is exhausted, expired or deferred, BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court, All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: jUL 1. ~ 1\\\\3 ~ EOe..-~b JUDGE Service Type M Form EN-530 Worker ID $IATT () c: s: ''IT !:PeT :=; ~!-; 0-5 r,_~. -<"- ~ S:c~ ~;~~ =2 :5;(.c:~~r-t1tt~tr.t! a w o -" :-== r= ,22 J1TI :J1,:J ,~~~ ..:::)rn -i.;! :0 -< a' -u ::::i;: ~) :..,.) l::J ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 06/07/04 Tribunal/Case Number (See Addendum for case summary) o Original Order/Notice @ Amended Order/Notice o Terminate Order/Notice EmployerMtithholder's Federal EIN Number RE: ADAMS, PAUL L, Employee/Obligor's Name (last, First. MI) )))/ c2CW <3-1(03 ('I JIlL jJ/I('.~rc; {JO,)./u2/7I,'I ?J/! ;;'0 I .9 ~~OJ Custodial Parent's Name (Last, First, MI) jJlP~~ ~ Yb'iIC,Vr.,t;.--g'" See Addendum for dependent names and birth dates assodated with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania, By law, you are required to deduct these amounts from the above-named employee'sfobligor's income until further notice even if the Order/Notice is not issued by your State, $ 564.00 per month in current support $ 13.00 per month in past-due support $ 0.00 per month in medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 577.00 per month to be forwarded to payee bellOw. You do not have to vary your pay cycle to be in compliance with the support order, If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 133,15 per weekly pay period, $ 266.31 per biweekly pay period (every two weeks), $ 288.50 per semimonthly pay period (twice a month), $ 577.00 per monthly pay period, REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) 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, Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee'sf obligor's aggregate disposable weekly earnings, For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2), LEAR EAST LP 50 SPRING RD PO BOX 40 CARLISLE PA 17013-0040 172-58-4367 Employee/Obligor's Social Security Number 3504101007 Employee/Obligor's Case Identifier (SeE' Adckndum for plaintiH names associated with cases on attachment) Arrears 12 weeks or greater? Oyes @ no If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-B77-676-9580 for instructions, Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAMj~ AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR CIAL SECURITlr NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: JUN 2 8 200% BY THE COllRT: ~D~G } Form EN-028 Worker ID $IATT Service Type M OMB No.: 097().{)154 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If ~hecked you are required to provide a copy of this fonn to your employee. If your employee ""arks in a state that is ditterent from the state that issued this order, a copy must be provided to your employee even if the box is not checked, 1, We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2, Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same 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. 3, 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. 4.* R~pollil,g tll~ PardatefDa~ ofWitl,',vld;"6' VOl:.. I litH! ICpOlt tile: pArdMe'dA~ of hitl,',old;ng nl'~1I !I~I,dil,g tll~ ...Arlll~lll. Ti,e pardatefda~ vi n:lLlrold;1I5 i!llLc ddtC 0.. nl.id. alllOul,t nA!I nitl.l.dd LOlli U,e dllpk)yee's nage~. 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. 5, * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to F,,,jeral 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 extent possible. (See #1 0 below) 6, Termination Notification: You must promptly notify the Requesting Agency when Ihe 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. WITHHOLDER'S 10: 2516624550 EMPLOYEE'S/OBLlGOR'S NAME: ADAMS , PAUL L. EMPLOYEE'S CASE IDENTIFIER: 3504101007 DATE OF SIEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. 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. 8. 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 employee/obligor'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, 9, Anti-discrimination: You are subject to a fine detennined under State law for dischal'ging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding, Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the Stilte in which he or she is employed governs, 10, * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U's,c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obl/gor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. 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. Submitted By: DOMESTIC RELATIONS SECTION 13 N HANOVER ST P,O, BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at iZ1Zl. 240-6248 or by internet www.childsuPPorl.state.pa.us Service Type M Page 2 of 2 Form EN-028 Worker ID $IATT OMS No.: 097().()154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: ADAMS, PAUL L. PACSES Case Number 002104714 Plaintiff Name AMY E. ADAMS Docket Attachment Amount 02-3403 CIVIL$ 160.00 Child(ren)'s Name(s): DOB lXIlf checked, you are required to enroll the child(ren) identified above in any health insurance coverage availabie through the employee'sJobligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0,00 Child(ren)'s Name(s): DOB you are required to enroll the chlld(ren) in any health insurance coverage available employee'sJobligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee'sJobligor's employment. Service Type M Addendum OMBNo.:097Q-0154 PACSES Case Number 457104658 PlaintiffNc!ffig AMY E, l\DAMS Docket Attachment Amount 006Oi'S 2002 $ 417,00 Child(ren)'s Name(s): DOB lXIlf checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee'sJobligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0,00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available employee'sJobligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ;::"':':"':-:'_'::::'::'::';:'::"__.,:-:,.,:,:,_:':':_::-C":'."::,:,:,:,:::::_'-_"'._'_'_::,:,:::',_,:,,',_:.""_"';::_::_':_:"';':"''':';:'''::''':':''.'_-:.';'._:.::-:'-,'-'..::-:.....:.,...:-,' '-:,.,'. o If checked, you are required to enroll the child(ren) '.' identified above in any health insurance coverage available through the employee'sJobligor's employment. Form EN-028 Worker ID $IATT 0 ....., 0 = c c:> "T1 ;- .:- i;~i (..... ~ -n ~ n1 P ...:,. -nIT'\ I ;') CjJ C-:l :~g -n ;~:0 ,,-,' C) ~-~. rn <..-) .... , L. :3J =2 ~ -1" -< ;~i\;',"'Mt"tg\;1 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Phone: (717) 240-6225 DOMESrlc RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Defendant Name: PAUL L. ADAMS Member ID Number: 3504101007 Fax: (717) 240-6248 Please note: AD correspondence must include the Member ID Number. MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS Plaintiff Name AMY E, ADAMS AMY E. ADAMS Financial Break Down of Muitinle Cases on Attachment PACSES Dock.l Case Number Numbelt 002104714 02-3403 CIVIL 457104658 00601 S 2002 $ I $ $ I $ AttaChment Amount/Freauencv 160,00 /MONTlI 417,00 fMONTH / / f. I / / TOTAL AlTACHMENT AMOUNT: $ 577.00 Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $133.15 per week, or 50. 0 %, of the Unemployment Compensation benefits othenvise payable to the Defendant, PAUL L. ADAMS Social Securil:Y Nwnber 172-58-4367. Member ID Nwnber 3504101007 , BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW), DPW shall forward the amount receiVed from BUCBA to the Domestic Relations Section of this Court for sUpport and/or support arrearages, If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached undf,r this Order so that the total amount attached does not exceed the maximwn amount subject to garnishment pursuant to 15 U,S,C, ~ l673(b)(2) and 23 Pa, C,S, ~ 4348(g), This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benelits, under the Application for Benefits dated JUNE 22, 2003 is exhausted, expired or deferred, BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court, All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court, BY THE COURT ,- JUDGE Date of Order: JUN - 8 200+ Edtul4Kll ['. Service Type M Fonn EN-034 Worker ID $IATT 0 ....., = 0 c; = -., ...- <- ..... c::: ..,.. --......1 rnp I -OITl c.) ;"9 ~() -a -r' -r, -,"'" (',.5 ~L: I i -" ',/\..J ~:, (., 1) m ~c'~_. ." :::;1 ~ ~iJ - ...- - sc,a,nn@.d Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 AMYE. ADAMS, Plaintiff IN THE comu OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 2002 3403 PAUL ADAMS, Defendant CIVIL ACTION - LAW IN DIVORCE/CUSTODY NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter- affidavit within TWENTY (20) DAYS after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 (D) OF THE DIVORCE CODl~ I. The parties to this action separated on July II, 2002, and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning Spousal support, alimony, division of marital property, attorneys' fees or expenses ifI do not claim them before a divorce is granted. I VERI..J?y THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S.A. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATED: t)u/~ 3D ,2004 ~~f~ AMY E,ADAMS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v, : NO: 2002 - 3403 PAUL ADAMS, Defendant CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d], OF THE DIVORCE CODE I. Check either (a) or (b): _ (a) I do not oppose the entry of a divorce decree. - (b) I oppose the entry of a divorce decree because (Check (1) (ii) or both): - (1) The parties to this action have not lived separate and apart for a period of at least two years, _ (ii) The marriage is not irretrievably broken, 2, Check either (a) or (b): - (a) I do not wish to make any claims for economic relief, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted, - (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights, I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party, If! fail to do so before the date set forth on the Notice of!ntention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims, I verifY that the statements made in this counter-affidavit 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, Dated: PAUL L. ADAMS, Defendant NOTICE: Uyou do not wish to oppose the entry of a divorc,e decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. C) c- '3);~ " ' (/> ~" ~-- ;;'_,:"1 ~~ -,~;; ~ --~ -< '" = = X- V> rq '""0 I ~ --l I_ nl-C-! .- -orn t;l'? ._,n ~r:-Ti (.~ "1 ',,<c"; c::srn ."~I <'"" _A" -< '""0 ::r <:-? w Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 AMY E. ADAMS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COlThITY, PENNSYLVANIA v. : NO: 2002 - 3403 PAUL ADAMS, Defendant : CIVIL ACTION - LAW : IN DNORCE PETITION RAISING MARITAL CLAIMS UNDER THE DIVORCE COnE OF 1980 AND NOW, this 3/ day Of~004' comes Plaintiff, Amy E. Adams (hereinafter referred to as "PETITIONER"), by and through her attorney, Barbara Sumple-Sullivan, Esquire and files this Petition Raising Marital Claims Under the Divorce Code of 1980 and in support thereof states as follows: 1. A Complaint in Divorce was filed on July 18,2002. 2. Petitioner is the Plaintiff in the above action. 3. Petitioner requests your Honorable Court to equitably divide, distribute or assign the marital property between the parties in such proportions as the Court deems just pursuant to Section 3323, Section 3501, Section 3502, and Section 3503 of the Divorce Code of 1980, together with any 1 amendments thereto, 4, Plaintiff lacks sufficient assets to provide for her reasonable needs and is unable to support herself fully through appropriate employment, 5, Defendant has sufficient assets to provide continuing support for Plaintiff, 6, Defendant has sufficient assets to provide alimony for Plaintiff, WHEREFORE, Plaintiff requests your Honorable Court equitably divide all martial property as the Court deems appropriate and enter an Order awarding Plaintiff alimony pursuant to 23 Pa, C,S,A,3701. DATE: AUgUStJ(,2004 arbara ump e-Sullivan, Esquire 549 Bridge Street " New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court 1.D, 32317 Attorney for Plaintiff 2 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 AMY E. ADAMS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v, : NO: 2002 - 3403 PAUL ADAMS, Defendant : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I, AMY E. ADAMS, hereby certify that the facts set forth in the foregoing PETITION RAISING MARITAL CLAIMS are true and correct to the best of my knowledge, information and belief, I understand that any false statements made herein are subject to penalties of 18 Pa, C.S,A. 94904 relating to unsworn falsification to authorities, DATED: J/2b loti ()~r~ AMY E. ADAMS Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 AMYE. ADAMS, Plaintiff v. PAUL ADAMS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 2002 - 3403 : CIVIL ACTION -LAW : IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIV AN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the foregoing PLAINTIFF'S PETITION RAISING MARITAL CLAIMS, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: DATED: AugUst.2L, 2004 Carol 1. Lindsay, Esquire Saidis, Shuff, Flower & Lin(~ 26 West High Street Carlisle, P A 170 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 Supreme Court J.D. No. 32317 (717) 774-1445 Attorney for Plaintiff p ~ ~ ~ "- - ~ ~ ..0 f'" ......:) -tq,. t g I )-; :t:> ~ r' f# () ~~ ~:fD ~!:' ~~:F,; )-; ,0_ . "-.- z ::< ....., g ~ .s.- ~ ~:n I :g~ 89, -0 ::T:-rl ::J:: 90 w C5m :t~ ~n w -< In the Court of Common Pleas of CUMBERLANI) County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Defendant Name: PAUL L. ADAMS Member ID Number: 3504101007 Please note: AU correspondence must include the Ml~mber ID Number. ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS Financial Break Down of Multiole Cases on Attachment Plaintiff Name AMY E. ADAMS AMY E. ADAMS PACSES Case Number 002104714 457104658 Docket Number 02-3403 C:[VIL 00601 S 2002 Attachment Amount/FreQuency $ ! $ $ ! $ 160.00 IMONTH 417. 00 ~MONTH I I % '/ I I TOTAL AITACHMENT AMOUNT: $ 577.00 Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $133.15 per week, or 55 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, PAUL L. ADAMS Social Security Number 172 - 5 8 - 4 3 6 7 , Member ID Number 3504101007 . BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support andlor support arrearages, DPW may reduce the amount attached UIllder this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U .S.C. ~ 1673 (b)(2) and 23 Pa. C.S.A. ~ 4348 (g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated OCTOBER 31, 2004 is exhausted, expired or deferred. BUCBA shall comply with this Order, unless it is amended or vacatl~ by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT ......, Date of Order: N0U ~Jv 8 2004 ~~ ~1f/t!.Jj eGo" A () ( JUDGE Service Type M Form EN-530 Worker ID $IATT ~.:"1 C', "::1 r"!, r-; f:;>. f':~ q r--.:l 0 c:::> c::......-:, -n ..r:- "::'\" .-1 ""- Xl] C; nl-' "'r<.~: r:: -"'J l ~ I I :iJy \.0 S~~O ~- -'.- f~ -0 ..'- " " :iC ~f~~ , ,. .J:.- $:;~ ::3 ~ ~, W :...--..: ,. Barbara Sumple-Sullivan, Esquire Supreme Court #323 17 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 AMY E. ADAMS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA v. : NO: 2002-3403 PAUL L. ADAMS, Defendant CIVIL ACTION - LA W CUSTODY STIPULATION REGARDING CUSTODY THIS AGREEMENT is made ~ my Of/JeL4JJ Ll~04, by and between Amy E. Adams, (hereinafter referred to as "Mother") an adult individual residing at 5 Northview Drive, Carlisle, Cumberland County, Pennsylvania 17013, and Paul L. Adams, (hereinafter referred to as "Father") an adult individual residing at 2251 Pine Road, Newville, Cumberland County, Pennsylvania 17241. WITNESSETH WHEREAS, Mother and Father are the natural parents of one (1) minor child, Nicholas E. Adams, born September 1,2000. WHEREAS, a custody action was filled on July 18,2002 and following a conciliation, an order was entered on September 9,2002 awarding Mother primary physical custody and Father periods of partial physical custody; 1 ,. WHEREAS, the parties have mutually agreed upon the modification of this agreement and desire to incorporate same into a revised order of court. NOW THEREFORE, the parties intending to be legally bound, do agree as follows: A. Legal Custody: It is in the best interest of the minor child for the continuation of shared legal custody of the minor child. The parties agree that major decisions concerning the child's health, welfare, education, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view towards obtaining and following a harmonious policy to arrive at a decision that is in the child's best interest. Each party agrees to keep the other informed of the progress ofthe child's education and social adjustments. Each party agrees not to impair the other parties' right to share legal custody of the child. Further, each party agrees to give support to one another in the role as parents and to take into account the consensus of the other parent for the physical and emotional well being of the child. The parties agree not to either attempt or alienate the affections of the child for the other parent. Each party shall notify the other of any activity that could reasonably be expected to be of significant concern to the other. The parties agree that the child will be encouraged to contact the other parent by telephone and e-mail at all reasonable times. B. Physical Custody: 1. Mother shall enjoy primary physical custody of the parties' minor child; and 2. Father shall enjoy periods of partial physical custody as follows: a. On alternating weekends beginning on Saturday morning at 9:50 a.m. until Monday at 2:50 p.m.; b. On Tuesday and Thursday from 9:50 a.m. until 2:50 p.m.; and c. Such other times as the parties shall mutually agree upon. 2 ~ C. Holidavs: The parties shall follow the custody schedule for the holidays as set forth in the September 9,2002 Order in paragraphs 4-8. D. Ratification of Terms: All other terms ofthe Order dated September 9,2002 as contained in paragraphs 9-10 are hereby ratified and confirmed. IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall be entered as a court order with the same force and effect as if a full hearing on this matter has been held. SIGNED, SEALED AND DELIVERED IN THEr EyeEOF: ./ l 1 . k! -' a~c.~ Amy :E. Adams g ;c---...." Paul L. Adams 3 .. 1"''''''.) c..:_) ( ~ ) , ~ -" ..L- ; . C:-I '" ! :-l j r' , co') i 1'1 r-,) ~11 '. ", r<:, 1 i , _... 1 - . ~ , l" r<1 .-' AMY E. ADAMS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 2002 - 3403 PAUL ADAMS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSEN1: 1. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on July 18, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: fl-{Jcj pf g L c--- PAUL L. ADAMS () l"..) c = 0 = ~;f ,.,. <:;.n 'Tl .~-; i::':: '- :;:1 ~..I .~ r ;0... .- :;c mil . '':,''''.1 I r- - .~. i3Z r-> .&:- .:.--'.. 0 -..... - -I .J ;:;:r,. -,- .' }:~~ ...,.. r5~i ....... -::-0 / (-3m ~~-! -J ..,.' -< ~> ~D 1..0 -< AMY E. ADAMS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 2002 - 3403 PAUL ADAMS, Defendant : CIVIL ACTION - LA Vv' : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE: UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division 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 statement herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. DATE: n43tJf"f /9 /.-.L PAUL L. ADAMS ~~~i: r::':J :-:--. -....... ~:~ ~:~\.. ~;f:', Pc: z, o c;; -~ ; -... ,...." = = c.n <.:.- :J:- z o " -l ::I:'l"'" nr= -0 m~ ::0 .I qc :r: =H Qo Om -I :; =< I .:;:- ;:p.. :I: \.0 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this '3d day ~~, 2004, by and between PAUL L. ADAMS, hereinafter referred to as "HUSBAND", and AMY E. ADAMS, hereinafter referred to as "WIFE", WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on September 26, 1998, in Carlisle, Cumberland County, Pennsylvania; WHEREAS, One (I) child was born of this marriage being Nicholas E. Adams, born September 1,2000; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the s,~ttling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support arld/or maintenance of HUSBAND and WIFE; (3) the settling of all matters between them relating to the past, present and future support and/or maintenance of their minor child, and (4) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. Final-2004 ,,' NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection, WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire, HUSBAND has been independently represented by Carol], Lindsay, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations, Each party acknowledges that this Agr,eement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion, 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times here:after, live separate and apart, Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in Final-2004 2 all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement, Each may reside at such place or places as she or he 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, This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart, HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings, Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions.. and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. Final-2004 3 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) ofthe Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement, The parties agree that the Affidavits of Consent and the Waivers of Notice shall be signed simultaneously with this Agreement. 5. SUBSEOUENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, This Agreement shall remain in full force and effect even if the parties reconcile, cohabitate as HUSBAND and WIFE, or attempt a reconciliation, This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void, Both parties hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party, Final-2004 4 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any al1d all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof, Neither party shall have any obligation to the other not expressly set forth herein, B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising, The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased sPOUSt:'s estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country, It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat thc: right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the Final-2004 5 right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C, Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other, 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit ofthe parties hereto, their respective heirs, executors, administrators, successors or assigns, 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way, 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or Final-2004 6 enforced or enforceable unless reduced to writing and signed by both ofthe parties hereto, 11. BINDING EFFECT OF AGREEMENTIWAIVER 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 the provisions of this Agreement shall not be construed as a waiver of any subsequent default ofthe same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania, Final-2004 7 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of the party found to have made the mistake, The party responsible for the mistake shall suffer the consequences solely and hold the opposite party harmless, Each party agrees to hold the other party harmless from any penalty, interest or liability for such reason arising out of the filing or failure to file any past tax return, If the liability is the result of a computation error or an error not attributable to the intentional or grossly negligent conduct of either party, the parties shall share equally in all future tax liability or tax assessment, penalties and interest. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- Final-2004 8 marital and marital personal and household property, including but without limitation, jewelry, clothes, furniture, and other assets, HUSBAND agrees that all items in WIFE'S possession shall be sole and separate property of WIFE, WIFE agrees that all items in HUSBANDS possession, with the exception ofthe items set forth on Exhibit "A," shall be sole and separate property of HUSBAND. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. B. REAL ESTATE The parties jointly own property at 2251 Pine Road, Newville, P A 17241, Cwnberland County, Pennsylvania, This property is encumbered by two separate mortgages, in which HUSBAND is obligated to make payments on both as a result of him remaining in the marital residence. The first of said mortgages is held by Waypoint bank, in the approximate amount of Fifty Eight Thousand Dollars ($58,000.00), The second mortgage is held by Waypoint Bank, in the approximate amount of Three Thousand Dollars ($3,000.00). HUSBAND desires to take sole ownership of the house, WIFE has permanently removed herself, her son, and her personal property from the marital home and agrees to convey all her rights, title and interest in this real estate to HUSBAND upon the condition that HUSBAND refinances the existing mortgage debts and makes a cash payment to her in the amount calculated in accordance with this agreement. WIFE shall receive 55% of the difference between the appraised value of Eighty-three Thousand Final-2004 9 Dollars ($83,000,00), less the actual payoff of the first and second mortgage amounts set forth above, HUSBAND warrants that these mortgage or credit loans have not been extended since separation. HUSBAND shall be fully responsible for any past, present and future principle, interest, penalties and costs as well as any taxes, insurance and/or any debts associated with the real estate, HUSBAND hereby agrees to indemnifY and hold WIFE harmless from any and all liability as a result of non-payment ofthe mortgage or any other obligations as enumerated above associated with the real estate, WIFE agrees to execute a deed simultaneously with the execution of this Agreement wherein she assigns, conveys and transfers to HUSBAND all of her interest, rights and title in the marital residence. This deed shall be held in escrow by WIFE'S counsel and recorded only upon the event of HUSBAND'S successful completion of the refinancing of the mortgage and equity loan debts and tender of the cash payment to WIFE, HUSBAND shall have forty-five (45) days from the date of this agreement to effectuate the refinance, In the event HUSBAND does not secure refinance ofthe mortgage in that time period, the house shall be listed for sale and the net proceeds divided 55% to WIFE and 45% to HUSBAND, C. MOTOR VEHICLES There are two vehicles purchased during the marriage, which shall be declared HUSBAND'S vehicles. A 1984 Chevy S-10 pickup truck and a motorcycle, WIFE waives any and all interest in both vehicles, WIFE further acknowledges and waives any claim to HUSBAND'S pre-marital vehicles, of a 1969 Chevy Nova, a 1957 Chevy and a 1977 Chevy pickup truck. The parties acknowledge that WIFE shall continue possession of a vehicle which Final-2004 10 she is allowed to use by her parents, WIFE represents that this is titled in her parents' names. D. FINANCIAL ASSETS At the time of separation, the parties had interest in joint bank accounts, The parties acknowledge that all joint accounts have been mutually divided as of the date of separation and terminated, E. RETIREMENT During the marriage HUSBAND has acquired a 401(k) from his employer, Lear Corporation. As of March 31, 2002, HUSBAND'S retirement account plans (RSP) had a value of Five Thousand Six Hundred Eighty Dollars and 06/100 ($5,680.06). This entire account is marital and HUSBAND confirms no withdrawal since separation, HUSBAND confirms that he has no other annuity or retirement benefit earned during the marriage, WIFE shall receive 50% ofthe marital value of said account as of the date of separation, July 11,2002, plus interest or loss, WIFE shall create an account within thirty (30) days of this agreement to allow for a tax free rollover into WIFE'S account. The parties shall cooperate to execute whatever stipulations and Orders are required to effectuate the transfer. Said Order shall be drafted by counsel for HUSBAND, F. LIFE INSURANCE Each party shall retain any life insurance in his or her name, HUSBAND shall maintain his Final-2004 II present life insurance policy of at least One Hundred Thousand Dollars ($100,000,00) for the benefit of the parties' child, as long as he has employment with the company. However, HUSBAND can name a third party as trustee for the benefit of their minor son, This obligation to carry life insurance shall cease upon the child's graduation from college. WIFE represents she has no life insurance, DEBTS HUSBAND and WIFE had contracted several joint debts over the course of their marriage, HUSBAND shall be held liable and responsible for the following debts and will indemnify and hold WIFE harmless from the same: 1. Lowe's Credit Card, Account Number 100096510 ($299.15 as of 7/1 0/02); 2, Sears Credit Card, Account Number 0363582211936 ($223,11 as of? /24/02); and 3, Members 1st Visa Credit Card Account Number 4121449991606539 ($398.11 as of 7/24/02), HUSBAND agrees to indemnify and hold WIFE harmless from each of the aforementioned debts and agrees to be responsible for all attomeys' fees incurred by WIFE in defense of any claim or suit brought against her arising from !my debt incurred during the marriage, Final-2004 12 WIFE shall be liable for the following debts: 1. Dentist bill ($148,80 as of 9/18/02); 2, Old Navy Account Number 6018596094557505 (Approximately $160.00); 3, Victoria's Secret Account Number 2878] 9379 (Approximately $40,00) 4, Carlisle Hospital Bill (Approximately $160,00). WIFE shall reimburse HUSBAND Three Hundred Eighty-One Dollars and 56/100 ($381,56) at the time of her receipt of all of her marital proceeds for repayment of one-half (1/2) of the debt HUSBAND previously paid, To the best ofthe parties' knowledge, the parties affirm no other joint debts exist and all joint credit cards are terminated, SECTION III CHILD SUPPORT, ALIMONY PENDENTE LITE, ALIMONY 1. SUPPORT Child support amounts were determined and set forth in an Order on October 10, 2002, The Order is attached hereto as Exhibit "B" and shall be amended upon petition of either party to Domestic Relations, Both parties acknowledge and agree that the previsions of this Agreement providing for Final-2004 13 equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of iillY claims or demands that either may now or hereafter have against the other for support, mainte:nance, alimony or alimony pendente lite, HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony, alimony pendente lite and maintenance. 2. CUSTODY A custody schedule was set forth in the Custody Stipulation and Order Adopting the Stipulation, Said Order is attached as "Exhibit C," A scheduk for the holidays was also set out in the Order referenced above, The parties agree to continue with the arrangement as subsequently modified by verbal agreement of the parties. SECTION IV 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed ~~-<L-. PAUL L. ADAMS (LA C t2b-r-- ~ ADAMS Final-2004 14 COMMONWEALTH OF PENNSYLVANIA COUNTYOF ~bvJ2Rwl ) ) SS, ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared PAUL L. ADAMS, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this\3C){)." day of o.<L- ,2004, My commission expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOTARIAL SEAL MERlENE J MARHEVKA. NOTARY PUBLIC CAHUSLE CiJMBERLAND COUNTY. PA ;/:1: '{i~;~:" '-. JUIIJ[ 8 2D06 ,'C"""",,"'"_''_'~''"'.''' (SEAL) ) ) SS, ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared AMY E. ADAMS, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. day JrJlJW/?, 2004, NOT PUBLIC 1M" , Y commiSSIOn expires: Final-2004 15 (SE L) WlfAASUMPlE~AN ...u- HoIary PutJlIc .-.....UMlEIlLAND IIOIlOUGH CUMlEllIAND COUNIY CommIulOn Nov HI, 2007 I) Two (2) hardwood cherry dressers (One with a mirror and one tall drawer chest) 2) Grandmother's Freezer EXHIBIT "A" EXHIBIT "B" In the Court of Com... ~ Pl~s, of " " ; CUMBERLAi"lD ,; .' - ~n.~, P~rmsyh;ania ".' , J.;, '. ';+,~;".:;;\-1"f~:t';';'~~!,;;.~:;;4\i:;>;j.>?~~"'~~~~J!i~"")":~'P:4F~1'~;:ooldE'SilC"'RELATIONS'SE;CTION:";"~:'''''';'';':''l~,;:';:<,;'ip"t'f:f.;i:~';':"'--';':'''-'-'~::''''',-~;~:''"'''':::'~~',7"""~':."~"'':''~:'":-"''~::,~~':''''"''''''':'+:-'''' AMY E. ADl'.MS ) Order N lilliber 00601 S 2002 Plaintiff ) VS, ) PACSES Case Number 457104658).3/ fL,,,- PAUL L. ADk'!S ) Docket Number 00601 S 2002 Defendant ) Other Stat'; ID Number ORDER OF COURT o Final ~ Interim 0 Modified AND NOW, 10TH DAY OF OCTOBER, 2002 ,based upon the Court's determination that the Payee's monthly net income is $ 1067,71 and the Payor's monthly net income is $ 2,071. 58 , it is hereby ordered that the Payor pay to the Pennsylvania State Collection and Disbursement Unit FOUR HUNDRED FIFTY FOUR AND XX/l00 Dollars ($ 454.00 ) a month payable WEEKLY as follows: first payment due NEXT PAY DATE The effective date of the order is 07/10/02. Arrears set at $ 1698.00 as of OCTOBER 10, 2002 are due in full IMMEDIATELY, All terms of this Order are subject to collection and!or enforcement by contempt proceedings, credit bureau reporting, tax refund offset certification, driver's license revocation, and the freeze and seize of financial assets, The~e enforcement! collection mechanisms will not be initiated as long as obligor does not owe overdue support. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all the means listed above. For the Support of: Name NICHOLAS EDWARD ADAMS Birt.h Date 09/01/00 Service Type M Form OE-5l8 Worker 1D 21005 P.DAMS V, ADAMS PACSES Case Number: 457104658 per month payable The defendant owes a total of $ 4 S4 . 00 for arrears, The defendant must $417.00 WEEKLY for current support and $ 37 , 00 also pay fees/costs as indicated below, This order is allocated and monies are to be applied as follows: Frequency Codes: Payment Amountl Frequency $417.00 $ 0,00 $ 0,00 $.0.00 $ 0,00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0,00 $ 0,00 1 =One Time B =BiWeekly 2 =Bi~Month1y 5 =Semi.Annually S =Semi-Monthly A =Annually M =Monthly W =Weekly Q = Quarterly np.ht Type Desr.riptinn I\P-nf~fid:n:y 1M CHILD SPT ALLOC NICHOLl'.5 EDWARD JIDAMS I I I I I I I I I I I I I I I I I I I Said money to be turned over by the Pa SCDU to: . PajJ.llents inust be made by check or Ai..r"i ELIZABETrl ADAiwiS money order. All checks and money orders must be made payable to Pa SCDU and mailed to: Pa SCDU P.O. Box 69110 Harrisburg, Pa 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by maiL Service Type M Page 2 of4 Form OE-5l8 Worker ID 21005 ADAMS V. ADAMS PACSES Case Number: 457104658 Unreimbursed medical expenses that exceed $250,00 annually per child and/or spouse are to be paid as follows: 66 % by defendant and 34 % by plaintiff, The plaintiff is responsible to pay the first $250,00 annually (per child. a..l"J.d/or spouse) in unreimbursed medical expenses, @ Defendant 0 Plaintiff 0 Neither party to provide medical insurance coverage, Within thirty (30) days after the entry of this order, the OPlaintiff @ Defendant shall submit to the person having custody of the child(ren) written proof that medical insurance coverage has been obtained or that application for coverage hasbeen made. Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms, Other Conditions: PLAINTIFF IS TO EXECUTE A WAIVER OF THE FEDEF.AL TAX DEPENDENCY EXEMPTION FOR . THE P.ARTIES' CHILD, NICHOLAS, IN ORDER THAT DEFENDANT Ol.N CLAIM THE CHILD AS A DEPENDENT. PLAINTIFF IS TO EXECUTE THE Wl'..IVER ON OR BEFORE THE 3 ~ST DAY OF DECEMBER, COMMENCING DECEMBER 3~, 2002 UNTIL FURTHER ORDER OF COURT. DEFENDANT IS TO PAY THE COURT COSTS OF $30.00 WITHIN FIVE DAYS UPON RECEIPT OF THIS ORDER AND IS TO BE MADE PAYABLE TO CUMBERLAND COUNTY DOMESTIC RELATIONS SECTION, P.O, BOX 320, CARLISLE, PA ~7013. Defendant shall pay the following fees: Fee Total $ 5 ,00 $25.00 $ 0.00 $ 0.00 $ 0.00 Fee Description furJUDICIAL COMPUTER FEE furcOURT COSTS for for for Payment Freql~ Payable at $ 5.00 Payable at $ 25 ,00 Payable at $ 0, 00 Payable at $ 0.00 Payable at $ 0, 0 0 per ONE TIME per ONE TIME per per per Service Type M Page 3 of 4 Form OE-5l8 Worker ill 2~005 Number: .457~O~658, . . ,-;..,.,.~".:,.,..." ,.....,.,:..,."'..>,,':",_~::-.;,:-,;(:~":'!.;,."'O\;,""'"4-^".'"''''1..;;,'r' -':.i':.:F-:, -', IMPORTANT LEGAL NOTICE PARTIES MUST W1THIN SEVEN DAYS INFORM THE DOMESTIC REiA TIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARlY WHO WIlLFUllY FAlLS TO REPORT A MATERIAL CHANGE IN ClRCUN!STANCES MAY BE ADJUDGED IN CONTEAIPT OF COURT, AND MAY BE FINED OR Il'JPRISONED, PENNSYL VANIA LAW PROVIDES TIlAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED .BY ONE OF THE PARTIES, IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY, AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION, ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEL'Ii AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT, UNPAID ARREARAGE BALANCES MAYBE REPORTED TO CREDIT AGENCIES, ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAJNST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED that, upon payor's faiiure to comply with this order, payor may be arrested and brought before the Court for a Contempt, hearing; payor's wages, salary, commissions, and/or income may be attached in accordance with law; this Order will be increased without further hearing by 0 % a month until all an:earages are paid in full. Payor is responsible for court c~.~. ..... ~'En. S.1fi~_u. Copies delivered to parties Iv -1(.0) Date Consented: Plaintiff Plaintiff s Attorney Defendant Defendant's Attorney DRO: RJ Shadday xc: plaintiff defendant Rebecca Hughes, Esquire Carol Lindsay, Esquire BY THE COl.!RT-I---~.~, () .....----.,.~~-''f.:''",\'''-,,:'''') ~~.'=Z ~~:J...' 'l Edward E. Guido ~~~~='; Judge Service Type M Page 4 of 4 Fonn OE-5lB Worker 1D 2~OOS EXHIBIT "e" Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 AMY E, ADAMS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND, PENNSYL VANIA v, : NO: 2002-3403 PAUL L. ADAMS, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this _ day of , 2004, upon consideration of the foregoing Stipulation for Custody and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Amy E, Adams, and Carol J, Lindsay, Esquire, counsel for Defendant, Paul L. Adams, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the foregoing Stipulation for Custody dated , 2004 are adopted as an Order of Court, BY THE COURT, J. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 AMY E, ADAMS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO: 2002-3403 PAUL 1. ADAMS, Defendant CIVIL ACTION - LAW CUSTODY STIPULATION REGARDING CUSTODY THIS AGREEMENT is made this_day of ,2004, by and between Amy E, Adams, (hereinafter referred to as "Mother") an adult individual residing at 5 Northview Drive, Carlisle, Cumberland County, Pennsylvania 17013, and Paul L. Adams, (hereinafter referred to as "Father") an adult individual residing at 2251 Pine Road, Newville, Cumberland County, Pennsylvania 17241. WITNESSETH WHEREAS, Mother and Father are the natural parents of one (1) minor child, Nicholas E. Adams, born September I, 2000, WHEREAS, a custody action was filled on July 18,2002 and following a conciliation, an order was entered on September 9,2002 awarding Mother primary physical custody and F ather periods of partial physical custody; 1 WHEREAS, the parties have mutually agreed upon the modification of this agreement and desire to incorporate same into a revised order of court NOW THEREFORE, the parties intending to be legally bound, do agree as follows: A. Lel!:al Custody: It is in the best interest of the minor child for the continuation of shared legal custody of the minor child, The parties agree that major decisions concerning the child's health, welfare, education, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view towards obtaining and following a harmonious policy to arrive at a decision that is in the child's best interest. Each party agrees to keep the other informed of the progress of the child's education and social adjustments, Each party agrees not to impair the other parties' right to share legal custody of the child, Further, each party agrees to give support to one another in the role as parents and to take into account the consensus of the other parent for the physical and emotional well being of the child, The parties agree not to either attempt or alienate the affections of the child for the other parent. Each party shall notify the other of any activity that could reasonably be expected to be of significant concern to the other. The parties agree that the child will be encouraged to contact the other parent by telephone and e-mail at all reasonable times. B. Phvsical Custody: I, Mother shall eJ\joy primary physical custody of the parties' minor child; and 2, Father shall enjoy periods of partial physical custody as follows: a, On alternating weekends beginning on Saturday morning at 9:50 a,m, until Monday at 2:50 p,m,; b, On Tuesday and Thursday from 9:50 a,m, until 2:50 p.m.; and c, Such other times as the parties shall mutually agree upon. 2 C. Holidavs: The parties shall follow the custody schedule for the holidays as set forth in the September 9, 2002 Order in paragraphs 4-8. D. Ratification of Terms: All other terms of the Order dated September 9,2002 as contained in paragraphs 9-10 are hereby ratified and confirmed, IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall be entered as a court order with the same force and effect as if a full hearing on this matter has been held, SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: WITNESSED: Barbara Sump Ie-Sullivan, Esquire Amy E. Adams Carol J. Lindsay, Esquire Paul L. Adams 3 f' ., 1 il :LJ Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 AMY E. ADAMS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-3403 PAUL L ADAMS, Defendant CIVIL ACTION - LAW IN DNORCE AFFIDA VIr OF SERVICE The Complaint In Divorce in the above-captioned was served by Plaintiffs prior counsel, Rebecca R. Hughes, Esquire by United States Mail, Restricted Delivery, Certified No. 7001 2510 0009 2828 4852, Return Receipt Requested, on the above-named Defendant, Mr. Paul L Adams, on July 23,2002 at Defendant's last known address: 2251 ]'ine Road, Newville, PA 17241. A copy of the service letter of prior counsel dated June 25,2002 and original receipt and return receipt card are attached hereto as Exhibit" A". Dated: January 20, 2005 ~ / / ( Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff '---- )',.. c.:. ;- ',~' LA W OFFfCES IRWIN McKNIGHT & HUGHES ROGER B. JRff/{.V /I1ARCL'5.4. JkKWGHT, /l! J,1;HES D. HeIGHES REBECCA R. Hr.JGHE'S DOUCLAS G. .'vf{LLER WEST POMFRET PROFESSIONAL BCIWIVC 60 WEST POMFRET STREEr CARLiSLE, PE,VNSYLVA..\'lA /70/J-J1]2 (71:-') 249-2353 FAX (717) ]41)-6354 E-;\4AIL: IMHLAW('i!S[;'PER,VET.COM HAROLD S. IRWI.V 11925-/')77} HAROLD S. IRWIV. JR. (f1)5.J-19f1,(j) fRIV/,V, JRWfN & fRWl.V (l951i-/9?1,1)) IRWllv'. IRW!.V & !vIcK\'IGfiT (f9M-1994) IRWIN. McK;VfCHT & fl(,/GHES (N94- ) June 25, 2002 VIA CERTIFIED M4.IL 70012510000928284852 RESTRICTED DELIVERY PAUL L. ADAMS 2251 PINE ROAD NEWVILLE, PA 17241 f\LE CUPl RE: ADAMS v. ADAMS 2002-3403 CIVIL TERc'l IN DIVORCE Dear Mr. Adams: Please be advised that I represent your wife, Amy E, Adams, in the above-referenced action. Enclosed is a time-stamped copy of the Complaint in Divorce filed on behalf ofMs, Adams with the Court of Common Pleas of Cumberland County, Pennsylvania. If you have any questions, you should contact your own attorney or you may call me to discuss this case, Very truly yours, IRWIN, McKNIGHT & HUGHES !i:~ RRH:clc Enc losure cc: Ms. Amy E, Adams EXHIBIT "A" . ,Postal Service CERTIFIED MAIL RECEiPt (Domestic Mall Only; No Insurance Coverage Provided) ru Ul .., =r ".. Cl Cl Cl Postage $ A1 Certified Fee XX Postmark Return Receipt Fee Here (Endorsement Required) Restricted De ryFee (Endorsement ,d) Total Postage & Fees $ .., ru .., ru Cl ,..,. LO SantTo ru PAUL L ADAMS r-=I -St~i:'Ai:;t:-N-;.:.--___un----___- _____._____.m.__ Cl o~S'f' 'TINE ROAD o -Cit;,.siii.iii,.zip;;r---------------- r'- NEWVILLE PA 17241 Complete items 1. 2, and 3. Also complete Itwrn 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece. or on the front if space permits. 1. Article Addressed to: D. Is delivery addl'9lJS different from item 1? If YES, enter delivery address below: o Agent o Add...... Dyes o No PAUL L ADAMS 2251 PINE ROAD NEWVILLE PA 17241 efft'4tr to addteSSet 00\1 " 3. Service Type .Il Certified Mall 0 Express Mail o Insured Mail 0 C.O.D. 4. Restricted DelivoIY? (Extra Fee) Merchandise III Yes 2. Article Number (T",nsferfromservicoIBbel) 7001 2510 0009 2828 4852 PS Form 3811 , March 2001 Domestic Return Receipt ~ 102595-ot-M-1424 EXHIBIT "A" n ,..." f::-~' ~;.~..) "-', ~ _L_'''' >:: ;"'-.) C".:) c' f~',,,) 'Il AMY E.ADAMS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, : NO: 2002 - 3403 PAUL ADAMS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 18, 2002. 2, The marriage of the Plaintiff and Defendant is irretrievably broken, Ninety days have elapsed since the filing and service of the Complaint. 3, I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree, 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa, C,S,A. Section 4904 relating to unsworn falsification to authorities. DATE: I :20 -lJ 5- /2A~A (7 ~ ~AMS r~<' <.J'1 ( ::::1 ,./ c-, (_'0 .) (." - AMY E, ADAMS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 2002 - 3403 PAUL ADAMS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSIICNT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 18, 2002, 2, The marriage of the Plaintiff and Defendant is irretrievably broken, Ninety days have elapsed since the filing and service of the Complaint. 3, I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. 5, I verifY that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of I 8 Pa, C,S.A. Section 4904 relating to unsworn falsification to authorities. DATE:E{30fof bLL PAUL L. ADAMS ~> '5; ,- -t"".;;>. ~ \ ,~ C) 41 ,-I ~t:)J ~g~ :"~':~ ~~ (Jo ~::. ~,.\ 9:1 -':1''' - -- ...0 "~ '~D '.< AMY E,ADAMS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, : NO: 2002 - 3403 PAUL ADAMS, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(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! 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 statement herein are made subject to the penalties of 18 Pa.C,S. 94904 relating to unsworn falsification to authorities, DATE: ,- :10.65- a~c(2J.~ AMY. . ADAMS '"j' (,,- ,-<,. ,'''", " '.' c: - AMY E, ADAMS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, : NO: 2002 - 3403 PAUL ADAMS, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 statement herein are made subject to the penalties of 18 Pa,C.S. 94904 relating to unsworn falsification to authorities. DATE:1Lf3tfili /f;?/-c PAUL L. ADAMS fS,,~ <-' <:.~::J 1.~ <-" '- ",. ~ I """ (''') "f1 -\ :1=.-r1 f1\f"""'; -(lr1'l :,cCJ C~;().-"l .:r,:.~ ~f;C:< ?:5ffi. .~~\ ~ __--i :......: ~:~ --- - - o,J:J Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A ] 7070 (717) 774-1445 AMYE. ADAMS, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. . NO. 02-3403 PAULL. ADAMS, Defendant CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree. 1. Ground for divorce: Irretrievable breakdown under 3301(c) of the Divorce Code. 2. 2. Date and manner of service of the complaint: United States Mail, Certified Mail, Restricted Delivery on July 23, 2002. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by Plaintiff January 20, 2005; by Defendant December 30" 2004. 4. Related claims pending. All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated December 30, 2004 and incorporated, but not merged, into the Decree. See paragraph 5, pagl~ 4 of the Agreement. 5. Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with Prothonotary. January 20, 2005. Date Defendant's Waiver of Notice in 3301(c) 'orce was filed with Prothonotary: January 4, 2005. Dated: January 20, 2005 ~a~'a Sumple-Sullivan, Esquire ( ~9 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ill #32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (7]7) 774-1445 AMY E. ADAMS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-3403 PAULL. ADAMS, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certifY that on this date, I served a true and correct copy of the foregoing Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Carol], Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 DATED: January 20, 2005 / (Barbara Iple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court LD. #32317 Attorney for Plaintiff f.-', ^ , n C) c' + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + :f t':f';: T. i' i' 'I' +' '+' ++ :+;+:t;:f.:t::+i Of. + + + ;+::+: :f. :+: :f. ++ +.;ti:+;:f.:f.:+: 'Ii+' +. Of. + :+;:+;+:+: +.:+: 't':f +:+.:+: +:+: +.:+; +.:tCf +:+::+::+: +:+: +. + + +. +:f. ++ +.:f. + 'f.+ +. IN THE COURT OF COMMON PLEAS + + OF CUMBERLAND COUNTY . + PENNA. + + + + + + + + + STATE OF AMY E. ADAMS, 2002-3403 No. + + + + + Plaintiff VERSUS + + + + + + + + + + + PAUL L. ADAMS, Defendant DECREE IN + + + + + + + + + + + + + + + + DIVORCE c:::t ~'6 )f'~' -J'".q~5 2005 AND NOW, , IT IS ORDERED AND AMY E. ADAMS , PLAINTIFF, DECREED THAT + PAUL L. ADAMS , DEFENDANT, + + + + + + + + + + AND ARE DIVORCED FROM THE BONDS OF MATRIMON'(. 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; All matters have been resolved pursuant to the reached by the parties dated December 30, 2004 merged, into the Decree. /1arital Settlement Agreement imd incorporated, but not + + + + + + + + + + + + + + + + + + + + + + + Of", :+: + +.:+: ATTEST: eM%~ / PROTHONOTARY +++.+++.+++i'+'+++i'+++++++++'+++ ++++++i'+ ++ ++ +++ ++ + ++ + +. Of. +. + + ++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + J. .~ ~.j "11:- ~, 5"of I ~"~ .yh7' fr <I' ~ ~ r'J 5"'~! . ~.. .. " .' - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Af'V1l-( E Adams / Plaintiff : FILE NO. 2002-3403 20 VS, IN DIVORCE PiAul L AdamS Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiffi'Defendant in the above matter, having been granted a Final Decree in Divorce on the 25+1J day of ,)o..nu.o..rlj hereby elects to resume the prior surname of A my E. [} +ra ws er and gives this written notice pursuant to the provisions of 54 P.S. 704, DATE: 4 21z/os I , +-~fr.~ l Signature .lr IJl'rnl ~ f .JoU)_U~ ~ name bemg resumed COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND : '7Jn J .-r: ,_ "'~ On the .L day of rr.LYJ{lj a W-, 20~, before me, a Notary Public, personally appeared the above affiant known to Ine to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained, In Witness Whereof, I have hereunto set my hand and official seal. C!1cw..~~1 Q. all 0 uJlocJw Notary Public . NOTARIAL SEAL I CLAUDIA A. BREWBAKER. NOTARY PUBLIC I Carlisle Sora. Cumberland County . M', ',' ')f':"""> s:c,:-: ~";'Jes April 4, 2005 ,,- "' --~-'---"-"--"'- ~I~? 0~P 0' ~ --J 9-..1 & ~ ~''it 1t"':-\ '(;; \ ('.J \"': l;..)~' - In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION AMY E, STRAWSER ) Dock<~t Number 02-3403 CIVIL Plaintiff ) VS, ) PACSES Case Number 002104714 PAUL L, ADAMS ) Defendant ) Other State ID Number ORDER AND NOW, to wit, on this 11TH DAY OF FEBRUARY, 2005 IT IS HEREBY ORDERED that the support order in this case be 0 Vacated or o Suspended or <i) Terminated without prejudice or 0 Terminated and Vacated, effective JANUARY 25, 2005 ,due to: THE PARTIES' FINAL DECREE IN DIVORCE ON JANUARY 25, 2005. THERE IS A REMAINING BALANCE OF $262.56 THAT IS TO BE PAID WITH THE CURRENT WAGE ATTACHMENT, DRO: RJ Shad day xc: plaintiff defendant BY THE CO Edward JUDGE Service Type M Form OE-504 Worker ID 21005 ,', } MAR 2 lZU(LY Plaintiff IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY, PENNSYl VANIA AMY E, ADAMS, VS, CIVIL ACTION - LAW NO, 2002.3403 PAUL ADAMS, Defendant IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW this ;z y iL day of ~ ;;) c L 2005, upon cons deration of the parties Marital Settlement Agreement, and further, upon the agreement of he parties, it is hereby ordered that the provisions of this order operate as an effective as ignment of the participant's interest in the Lear Corporation Salaried Retirement lan, Lear Corporation Hourly Retirement Savings Plan, or Lear Corporation Bargair ing Hourly Umbrella Retirement Savings Plan as set forth below under both State and Federal laws, for all purposes, and constitute a Qualified Domestic Relations Order in comr liance with Section 414(p) of the Internal Revenue Code of 1986, as amended ("Code") end Section 206 (d)(3) of the Employee Retirement Income Security Act of 1974 ac amended ("ERISA"). 1. Employee has earned certain benefits under the Lear Corporat on Hourly Retirement Savings Plan during the marriage, which are the marital pro erty of the employee and the Alternate Payee. The Defined Contribution Plan is kr Dwn as the Lear 401 (k) Investment. Plan: This order shall apply to the Lear Corporation Hourly Retirement Savings Plan, (the "Plan"), subject to the limitations and restrictions on benefits s set forth under Section 415 and Section 401 (a) (17) of the Code. The Plan adrrinistrator is Lear, P,O. Box 436, Little Falls, New Jersey 07424. >. c:> '- ~. <" c .....,~., L...:;... < 1--: ~1 j UJ~ " OC) ~,,,"",, 1.J- -.~ i.~ 't...-I.- ()c ..;l' T ' 00' N UJiJ.., e<: ;;.-dUJ U-fE <<1: :=::: u.. Lf".:' ~"--- t::-'). ~_/ 0 = (.) <'" - ~ . 2, The Plan Participant is: Paul L, Adams, 2251 Pine Road, Newville, Pennsylvania 17241. Social Security Number 172-58-4367, Date of Birth February 7, 1977. 3. The Alternate Payee is: Amy E, Adams, mailing address: 5 Northview Drive, Carlisle, PA 17013 Social Security Number 175-68-5915. Date of Birth NOV211'Jc"r 16, 1978 Name of Plan: The Lear Corporation Hourly Savings Plan. The Alternate Payee is the former spouse of the Plan Participant. 4. The Alternate Payee is awarded fifty percent (50%) from the Participa 's vested account balance in the Plan to be valued as of July 11, 2002, vested for e rnings or " losses through date of distribution, determined in accordance with the pplicable terms of the Plan at the time distribution is to be made, A separate ac Dunt shall be established for the Alternate Payee, Payment of these funds shall b made to the Alternate Payee as soon as administratively feasible following rec ipt of the appropriate Plan distribution election. 5. The Alternate Payee designates her estate as beneficiary in the event th t she dies prior to receiving payment. 6, The benefits hereby assigned to the Alternate Payee shall be paid to th Alternate Payee notwithstanding the Participant's continued employment wit Lear, in accordance with the Alternate Payee's election and the terms of the Plan <, 2 7, All benefits payable under the Plan other than those payable to Amy Ad be payable to Paul L, Adams in such manner and form as Paul L. Adams in his sole and undivided discretion, subject only to Plan requirements. 8, Payment from the Plan to the Alternate Payee pursuant to this ord will be includable in Alternate Payee's taxable income, 9, While it is anticipated that the Plan Administrator will pay directly to Arny ams the benefit awarded to the Alternate Payee, Paul Adams is designat d as a constructive trustee to the extent he receives any benefit under he Lear Corporation Hourly Savings Plan that are due to Amy Adams but pai to Paul Adams. In the event of such payment, Paul Adams is ordered and direc ed to pay the benefit defined above directly to Amy Adams, 10. Nothing in this Domestic Relations Order shall be construed to require t e Plan or the Plan Administrator: a. To provide to the Alternate Payee any type or form of ben fit, or any option, not otherwise available under the Plan, or b. To pay any benefits to the Alternate Payee which are req ired to be paid to another Alternate Payee under another Domestic ReJat ons Order previously determined by the Plan Administrator to be a QDRO, 0 c. To require the Plan to provide increased benefits, 11. In the event of a conflict between the terms of this domestic relations or er and the terms of the Plan, the terms of the Plan shall prevail. 12. This QDRO shall be incorporated by reference into any final judgment nd decree of divorce as if each and every paragraph herein were specifically set f rth therein and shall be enforceable by contempt. 13. This QDRO continues to be effective with respect to any successor 0 transferee plan, including any plan into which the Plan is merged, In the event of change of 3 " Plan Administrator or amendment to the Plan, the Alternate Payee shall r eive the same written notification as other beneficiaries. I 14. The Plan Administrator may unilaterally modify any term of this QDRO to he extent necessary to comply with applicable law. However, should any portion of his Order be rendered invalid, illegal, unconstitutional, or otherwise incapable of en~ rcement, or should any of the procedural matters herein ordered need to be a justed to accomplish the objectives of this Order, the court reserves jurisdiction to ake such adjustment in this order as will effect the intent of the parties as manifeste herein. 15. A certified copy of this domestic relations order shall be served upo the Plan Administrator. THE COURT retains jurisdiction to amend_.this Order as might be ne essary to establish or maintain its status as a Qualified Domestic Relations Order. By the Court, " J. /' /:.}I /. L---_, Paul L. Adams Amy~~~ ~ ~ ~~~ " :6-0:) (')..,.0-' ()_J " 4