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HomeMy WebLinkAbout07-1184IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOSEPH R. WENGER, No. u,,C, Plaintiff VS. JAYME B. WENGER, Defendant ACTION IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Andrea West High Street Gettysburg, PA 17325 (717) 334-4515 I.D. #91278 Carlisle, Pennsyvlania 17013 M. gley, Esq_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOSEPH R. WENGER, No. Plaintiff VS. JAYME B. WENGER, Defendant ACTION IN DIVORCE COMPLAINT AND NOW, this day of '2007, comes the Plaintiff, Joseph R. 11 1 Wenger, by his attorney, Andrea M. Singley, Esquire, of 63 West High Street, Gettysburg, Pennsylvania 17325, and states the following Complaint: 1. Plaintiff is Joseph R. Wenger, a sui juris male, with a residence of 926 Williams Grove Road, Mechanicsburg, PA 17055. 2. Defendant is Jayme B. Wenger, a sui juris female, with a residence of 8010 Lewis Road, Harbor Creek, PA 16421. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The parties were married on December 1", 2006 in Erie, Pennsylvania. 5. There have been no prior actions for the divorce or annulment of this marriage in this or any other jurisdiction. 6. Plaintiff has been advised of the availability of marriage counseling, and that he may have the right to request that the Court require the parties to participate in counseling. 7. Neither party is an active member of the armed forces of the United States of America.. 8. The marriage is irretrievably broken. WHEREFORE, Plaintiff prays your Honorable Court to enter a decree divorcing Plaintiff from the bonds of matrimony with Defendant. Respectfully Submitted, BEAUCHAT & BEAUCHAT 63 West High Street Gettysburg, PA 17325 (717) 334-4515 I.D. #91278 Attorney for Plaintiff VERIFICATION I, the undersigned, hereby verify that the foregoing Divorce Complaint is 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. § 4904 relating to unworn falsifications to authorities. oseph R. Wenger, Plaintiff Q C„?1 d 0 'r 7,l f'1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOSEPH R. WENGER, Plaintiff No. 07-1184 VS. JAIYME B. WENGER, ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 1", 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of service of the Complaint on March 14`x, 2007. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. (a) I consent to the entry of a final decree of divorce without notice. (b) I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. (c) 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 by the Prothonotary after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsifications to authorities. Daite: "C VW? u???,,? E B. WE ER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOSEPH R. WENGER, Plaintiff No. 07-1184 VS. JAYME B. WENGER, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 1St, 2007 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of service of the Complaint on March 14th, 2007. 3. I consent to the entry of a final decree of divorce after service of notice of indention to request entry of the decree. (a) I consent to the entry of a final decree of divorce without notice. (b) I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. (c) 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 by the Prothonotary after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to insworn falsifications to authorities. Date: Qk Z AOSE H R. WENGElf" a r- M r , Z *,T a? c=l 07 -/lf?el , MARITAL SETTLEMENT AGREEMENT 1. Introductory Provisions THIS AGREEMENT is made by and between Joseph R. Wenger, with a mailing address of 926 Williams Grove Road, Mechanicsburg, PA 17055, hereinafter "Husband», and Jayme . t n B-4, 4 ---? . Wenger of hereinafter "Wife." 2. Recitals WHEREAS, the parties hereto are Husband and Wife, having been married on December 15t, 2006 in, Erie County, Pennsylvania. WHEREAS, certain differences exist between the parties and they have decided to permanently live separate and apart from each other and they intend by this Agreement to fully and finally settle all of their respective rights and obligations as between each other, including, but not necessarily limited to the settling of all interests,, rights and/or obligations between them or their estates, whether arising out of their marriage, including, but not limited to: the ownership of all assets of whatever nature, including assets acquired by either party prior to or subsequent to the date of execution of this Agreement. 3. Consideration NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties, Wife and Husband, intending to be legally bound hereby, covenant and agree as follows: 4. Advice of Counsel The provisions of this Agreement and their legal effect have been fully explained to Joseph R. Wenger, by his counsel, Andrea M. Singley, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Jayine B. Wenger, by her counsel, Donald T. Kissinger, Esquire The parties acknowledge that each has no objection whatsoever to the other party's use of said counsel. Each party represents that he/she understands that, in the absence of this Agreement: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated spouse, he or she might be entitled to greater support, maintenance, alimony pendente lite, counsel fees, costs, alimony, distribution of property, or other financial benefit arising from the marital relationship than is provided for in this Agreement. Notwithstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties further acknowledges and agrees that this Agreement is fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, and improper or illegal agreement. 5. Effect of Divorce Decree This Agreement shall continue in full force and effect after a final decree in divorce is entered in any jurisdiction, it shall survive and not merge into any such divorce, and its provisions shall not be affected by the entry of such a decree, surviving any such decree and. remaining independent of any such decree. The terms of this Agreement shall be incorporated for enforcement purposes only, but not merged into the divorce decree. 6. Effect on Divorce 6.1 Action: The parties intend to seek promptly a divorce pursuant to Section 3301(c) of the Domestic Relations Code. Upon the expiration of the statutory period, each party shall promptly execute and file the affidavits required to obtain a divorce pursuant to Section 3301(c) of the Domestic Relations Code. As defined in the Domestic Relations Code, the parties' marriage is irretrievably broken and they do not desire marital counseling. 6.2 Responsibility for Proceeding With Divorce: Divorce Action No. 07-1184 has been filed in the Cumberland County Court of Common Pleas. Husband shall be responsible for the prompt filing of the Praecipe to Transmit the Record and the related required documents and costs necessary to obtain the divorce decree. 6.3 Penalty for Delay: Notwithstanding the foregoing, if after the execution of this Agreement, either party unreasonably delays or contests the obtaining of a final, unappealed divorce decree, that party shall exonerate and indemnify the other party against and hold the other party harmless from any liability and/or expense, including reasonable counsel fees, incurred as a result of such delay or contest in obtaining the decree. 2 If the delay in the entry of a final divorce decree is due to the action or inaction of one of the parties and as a result of such action or inaction, a final divorce decree is not entered within four (4) months of the date of execution of this Agreement, then the distribution date or payment of alimony shall be at the sole discretion of the party who did not breach this agreement. 6.4 Effective Date of Agreement: This Agreement shall become effective and binding upon both parties on the execution date of this Agreement. 6.5 Effect of No Divorce: Except as Agreement, this Agreement shall remain in full divorce decree in divorce is entered. 7. Personal Rights otherwise provided for in this force and effect even if no final Each party shall be free from any direct or indirect interference with the other in his or her personal and business activities as of the date of execution of this Agreement. Except as otherwise set forth in this Agreement, each party may reside wherever and with whomever he or she desires. The parties shall not interfere with, harass, or malign each other or the respective families, friends, colleagues, employers or employees of each other. Neither party shall enter the residence of.the other party without the express permission of the other. 8. Warranty of Disclosure Husband and Wife represent and warrant that they have disclosed to each other their respective assets, liabilities and income. The parties both acknowledge that: (a) the formal appraisal on the residence ordered by Husband is accepted by the parties; (b) no formal appraisals have been conducted on vehicles and personal property and that the values assigned to the assets merely are good faith estimates of current fair market value/book value; (c) the parties may assign different values to some assets; and (d) they are aware that, but for this Agreement, they might be entitled to formal discovery, including by review of documents, inspections, interrogatories, depositions or otherwise. Both parties agree to waive the right to further disclosure regarding the value of marital assets. Furthermore, both parties waive the right to challenge the validity of this agreement on the grounds that further disclosure regarding marital assets was not given. 9. Equitable' Distribution of Assets 9.1 Distribution of Assets: Each party shall keep and retain sole ownership, control and enjoyment of all assets retained by him or her prior to the marriage and acquired by him or her individually during the duration of the marriage, unless stated otherwise in this Agreement. Except as otherwise provided in this Agreement, the party having ownership or possession of an asset pursuant to the terms of this Agreement shall keep the other party indemnified against and held harmless from any liability or expense, including reasonable counsel fees, which is incurred in connection with such asset. 9.2 Tax Treatment: Neither party shall claim any deduction, or assert any position that would attempt to create liability for the other party for the payment of any income tax thereon relating to the distribution of marital property. It is the intention of the parties that this election shall be effective only as to all payments from Husband to Wife under this provision. 9.3 Liens: Each of the parties represents and warrants that, except as specifically identified otherwise in this Agreement, he or she has not placed, nor caused to be placed, nor is aware of, any liens, encumbrances, easements or any other restrictions of record relating to the assets which shall be the property of the other party. 9.4 Indemnification: From the date of his Agreement forward, the party who has title to an asset shall be solely responsible for all present and future expenses or liabilities attributable to or resulting from said asset. This shall include any tax consequences, mortgages, liens, real estate taxes, water and sewer rents, utility services, "homeowner" insurance, repairs and routine maintenance. Each party shall keep the other party exonerated, indemnified, and held harmless from any liability or expense, including reasonable counsel fees, which are incurred in connection with such asset or resulting from the other party's prior ownership interest in that asset. 9.5 Vehicles: The parties warrant that they own no jointly-titled vehicles. Each party will keep any and all vehicles titled in his or her name, and will be solely responsible for any and all future expenses associated with said vehicles. Husband agrees to sign any and all necessary paperwork to sign over title to the Honda four wheeler to Wife. 4 9.6 Real Estate: The marital residence located at 926 Williams Grove Road, Mechanicsburg, PA 17055 is titled in Husband's name alone and was owned by Husband prior to the parties' marriage. The mortgage on said residence is also in Husband's name alone. From the date of execution of this agreement, Wife agrees to relinquish any and all claim she may have to the marital residence. 9.7 Responsibility for Expenses: Husband shall be solely responsible for all expenses on the marital residence including all mortgage payments, taxes, utilities and repair costs associated with the marital residence from the date of execution of this agreement. 9.8 Vacating Residence: Wife has already vacated the marital residence located at 926 Williams Grove Road; Mechanicsburg, PA 17055. 9.9 Lump Sum Payment: Husband agrees to pay to Wife the sum of four thousand dollars ($4,000.00) within twenty (20) days of the execution of this agreement. This lump sum payment shall represent payment for Wife's health insurance since she has left Husband's employ. 9.10 Personal Property: Following the execution of this agreement, Wife shall remove from the marital residence, the personal property listed on Exhibit "A." Furthermore, the parties agree that Wife may examine the marital residence at a time to be agreed upon by the parties. At the time of Wife's examination, Husband agrees that Stephanie Miller, Steve Wenger, and Cindy Wenger will not be present. Wife agrees, that J.R. Meyers will not be present. Husband reserves the right to have a constable, his attorney, or another third party present during Wife's examination. The parties agree that Don Young, an acquaintance of the couple, may retrieve the fan, the pull-behind wagon, and the aluminum ramps belonging to him that are presently being stored at the marital residence. 10. Spousal Support Both parties represent that they will not seek any type of spousal support from the other party. 11. Credit Card.and Similar Accounts Wife and Husband represent that they will take all steps necessary to make sure that no credit cards or similar accounts exist as of the date of the execution of this Agreement which provide for joint liability. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable. No party shall take any action financially obligating the other party on any such future debts. 12. Bank Accounts Husband shall retain any bank accounts titled in his name alone. Wife shall release any and all claims to-such accounts. Wife shall retain any bank accounts titled in her name alone. Husband shall release any all claims to such accounts. The parties will take all necessary steps to close any and all existing jointly-held bank accounts. 13. Income Tax 13.1 Future Returns: It is anticipated that the parties will be divorced before December 31St, 2008. Only upon agreement of the parties, a joint income tax return for the tax year 2008 may be filed. If the parties file separate tax returns for the calendar year during which the date of execution of this Agreement occurs, each party shall be solely responsible for reporting all taxable income received and shall be solely entitled to receive all deductions available for periods prior to the date of execution of this Agreement on all assets titled in his or her name. 13.2 Past Returns: Husband and Wife each represent that, to the best of his or her knowledge, all income tax returns and other documents required to be filed with the Internal Revenue Service and any other taxing authority for past calendar years have been filed and that no notices have been received from the Internal Revenue Service or any other taxing authority which remain unresolved. The parties further represent that all information set forth in any such returns is accurate to the best of their knowledge information or belief. 14. Retirement, Pension, and Investment Accounts The parties each agree to waive any and all interest in any pension, retirement account, or investment account owned by the other party. 15. Life Insurance Both parties shall be responsible for obtaining his or her own life insurance and the payment of any such premiums on insurance that he or she wishes to maintain. The parties each agree to waive any right or interest he or she may have in the life insurance benefits of the other party. 16. Health Insurance i Both parties shall be responsible for obtaining his or her own health insurance and the payment of any such premiums on insurance that he or she wishes to maintain. 17. Disability Insurance From the date of the final Divorce Decree forward, both parties shall be responsible for obtaining his or her own disability insurance and the payment of any such premiums on insurance that he or she wishes to maintain. 18. Counsel Fee The parties agree that both Husband and Wife shall be responsible for their own individual counsel fees. 19. Representations Regarding Bankruptcy The parties represent that at this time, to the best of their knowledge, there are no bankruptcy proceedings pending involving either of the parties. 20. Warranty as to Existing and Future Obligations Each party represents, covenants and warrants that, to the best of his or her knowledge and except as specifically otherwise provided for by the terms of this Agreement, as of the date of execution of this Agreement: (a) no unpaid liabilities, which were incurred by him or her or on his or her behalf for which the other party may be deemed liable, (b) there are no actions, suits or proceedings pending or threatened against Husband and/or Wife or affecting any jointly held properties or rights, nor is Wife or Husband aware of any facts which to his or her knowledge might result in any such action, suit or proceeding; (c) if any such liabilities, actions, suits or proceedings should be determined to have existed as of the date of execution of this Agreement or thereafter, the party who incurred that debt shall exonerate and indemnify the other party against and hold the other party harmless from any liability or expense, including counsel fees incurred as 'result of those liabilities; and (d) he or she shall not incur any liability whatsoever in the future for which the other parry or the estate of the party may be liable, and shall exonerate and indemnify the other party against and hold the other party 7 harmless from any such damages resulting form such liability, including reasonable counsel fees, incurred by the other party. 21. Estate Planning by Wife and Husband and Release of Claims On the date of execution of this Agreement, Wife and Husband shall: (a) be free to execute estate planning documents disposing of his or her assets as he or she shall see fit. (b) each party releases his or her interest in the estate of the other. (c) each party waives the right to act as a fiduciary with regard to the estate of the other; (d) neither Husband nor Wife shall claim against or contest the Will and/or the estate of the other; and (e) each of the parties waives the right to enforce testamentary claims against the estate of the other. 22. Retaking Prior Name As of the date of the execution of this Agreement, Wife may, at her option, cease using the last name Wenger and Wife may file, at her expense, the appropriate petition to retake her prior name, Edwards. 23. Mutual Waivers and Release 23.1 i Except as specifically provided for in this Agreement, this Agreement constitutes a full and final resolution of any and all claims which each of the parties ever had, now have or may have held in the future against the other party and/or the estate of the other party, including, but not necessarily resulting from, their status as Husband and Wife. Therefore, except for all rights and obligations specifically arising under this Agreement, the parties each do, for themselves and for their heirs, executors, administrators, successors and agents, hereby mutually waive, remise, release, quitclaim and forever discharge the other party and agents of the other party, for all time to come and for all purposes whatsoever, including, but not limited to, the following: (a) out of any former acts, contracts, engagements or liabilities of such other; (b) pursuant to inheritance, elective and/or intestate rights to the other party's estate; (c) the right to share in any retirement benefits for the other spouse, except social security; and (d) for present, or future support or maintenance, alimony, or alimony pendente cite (unless otherwise stated in this agreement), property division (including, but not necessarily limited to, equitable distribution), counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise. 23.2 Neither party may apply to any court for a modification of this Agreement, unless it is discovered that the opposing party has failed to disclose material information or has misrepresented material information. In the event that either of the parties shall nevertheless seek such modification of this Agreement, that party shall indemnify the other party against and hold the other party harmless from any loss resulting therefrom, including reasonable counsel's fees and costs. 23.3 The releases and waivers contained in this Agreement are effective only as to those assets disclosed to the other party prior to the date and execution of this agreement. 24. Waiver or Modification to be in Writing No modification or waiver of any of the terms of this Agreement shall be valid unless in writing and signed by both parties. 25. No Waiver of Default This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. No waiver of any breach or default of this Agreement shall be deemed a waiver of any subsequent default of the same or similar nature or a waiver of strict performance of any other obligation pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the terms of this Agreement shall in no way affect the right of such party to enforce those terms in the future. 26. Remedies' in the Event of a Breach In the event of a breach of any of the provisions of this Agreement by one of the parties, the remedies available to the non-breaching party are cumulative and include all remedies at law and in equity, including those for breach of contract and under theories of equity, as if this Agreement had been an Order of Court, and shall not be limited to those remedies specifically referred to in this Agreement. 9 In the event either party breaches any provision of this Agreement, the breaching party shall exonerate and indemnify the non-breaching party and hold the non-breaching party harmless for all losses resulting from such breach, including, but not limited to, counsel fees, and costs relating to such breach, whether or not litigation is instituted. 27. Miscellaneous (a) Integration: Except as otherwise set forth in this Agreement, this Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no other express or implied, oral or written representations, terms, covenants, conditions, agreements or warranties, of any nature whatsoever, other than those expressly set forth in this Agreement. (b) Waiver of Illegality, Severability and Invalidity: The parties believe that all of the provisions of this Agreement are lawful and enforceable. However, Husband and Wife each knowingly and understandingly waive any and all possible claims that this Agreement is, for any reason, illegal or unenforceable in whole or in part. If any provision of this Agreement shall be finally determined to be invalid, then only that provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and shall continue in full force and effect. If all of this Agreement is determined to be invalid, this Agreement shall be null and void. (d) Agreement not Assignable but Binding Upon and Benefiting Heirs: Except as specifically provided for in this Agreement, this Agreement, including provisions regarding the payment of money, shall not be assignable by either party without the prior written consent of the other party. This Agreement shall be binding upon and shall inure to the benefit of the parties to this Agreement and their respective heirs, executors, administrators, successors and agents. (e) Mutual Cooperation: Each party shall promptly take all reasonable steps for the purpose of giving full force and effect to the provisions of this Agreement, including executing any documents that the other party may reasonably request. Such request shall be fulfilled within ten (10) days after receipt of written demand pursuant to this Agreement. (f) Effect of Reconciliation of Attempt to Reconcile: This Agreement shall remain in full force and effect, even if the parties cohabit or attempt to reconcile. (g) Headings Not Part of Agreement: Any headings preceding the text of any of the paragraphs or subparagraphs of this Agreement are inserted for convenience of reference, shall not constitute a part of this Agreement and, therefore, shall not affect its interpretation. 10 (h) Contract Interpretation: For purposes of contract interpretation and for the purpose of resolving any ambiguity in this Agreement, Husband and Wife agree that this Agreement was jointly prepared. (i) Counterparts: This Agreement may be executed in counterparts, each of which shall be an original and which together shall constitute one and the same instrument. 0) Applicable Law and Jurisdiction: This agreement shall be govern by the laws of the Commonwealth of Pennsylvania. Subject matter jurisdiction and venue shall be proper in the Court of Common Pleas of Adams County, Pennsylvania for any action arising out of this Agreement, including resolving any disputes between the parties. Such court shall have personal jurisdiction over the parties with respect to any such action. 28. Notice Provisions: (a) Notice to Joseph R. Wenger, Husband, provided for in this Agreement shall be sent by certified mail, return receipt requested or by hand delivery, to Husband at: Joseph R. Wenger 926, Williams Grove Road Mechanicsburg, PA 17055 with copy to: Andrea Singley, Esq. Beauchat & Beauchat, LLC 63 W. High Street Gettysburg, PA 17325 (b) Notice to Jayme B. Wenger, Wife, provided for in this Agreement shall be sent by certified mail, return receipt requested or by hand delivery, to Wife at: Jayme B. Wenger Ii with copy to: Donald Kissinger, Esq. Howett, Kissinger & Hoist, P.C. 130 Walnut Street P.O. Box 810 - Harrisburg, PA 17108 Date: -7 0"y- (c) Notice may be sent by regular mail only if an attempt to first notify by certified mail or.by hand delivery, is unsuccessful, due to no fault of the party who by this Agreement is attempting to serve such notice. (d) Each party shall promptly notify the other party, in writing, as to any change in mailing address, so long as either party has any obligations remaining pursuant'to the terms of this Agreement. 29. Acknowledgement of Receipt Each party acknowledges having received a fully executed original of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals. Witne Ja Wenger Wife a Date: I itness Joseph R. Wenger, and 12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ADAMS ss. On this, the 4-f4 day of 2008, before me, a Notary Public for the Commonwealth of Penn ylvania, personally appeared Jayme B. Wenger, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Public ,N0#111FER L ev Notary PuGO M01110 110M)WK AWMS COUtmr My CMMMon ftkft AW Za, 2 MY COMMONWEALTH OF PENNSYLVANIA COUNTY OF ADAMS ss: 1? I L. up Public :N. ALUMCOMM 011 AV 215,21W On this, the AAA day of 2008, before me, a Notary Public for the Commonwealth of Pennsylvania, personally appeared Joseph R. Wenger, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. . '?- 4 , ?ot? Public MNOMARIAL SM Notary Public GElW=W0lG BOROUGH. ADAMS G M My Caaf"M &PMM Aug 23.2NM NDWAL SEAL JE WER L. KULP N06 MV Public WMRIJRfi BOROUGH, ADAMS COUNiy NM Commilla n ExPires Aug 25.2W9 EXHIBIT A 1. Honda four wheeler. 2. Punching Bag 3. Kitchen utensils and serving platters (serving spoons, meat forks, spatulas, whisks, large salad tongs, ice cream scoops, peelers, cheese grate, egg dicer, pasta utensil, rolling pin, cutting board, strainers, steamers) 4. Cowboy themed d6cor items 5. Dining room set 6. Corner hutch 7. Refrigerator (fridge on top, freezer in bottom) 8. Robot vacuum cleaner 9. Leather ottoman 10. Throw rugs (tan and brown cowboy carpet, white and blue area rug, red and white bandana bathroom rugs) 11. Cowboy d6cor throw blankets 12. Living room carpet (cowboy motif) 13. Distressed sofa table - ' 14. Navy and tan runners (2) 15. Brown and tan runner 16. Antique cherry sofa table 17. Buckle stand (coffee table with glass top) 18. Wooden bench with cut-out hearts 19. Wooden corner TV stand 20. 25 gallon fish tank 21. Distressed fish stand 22. Fire place screen 23. 6 disk DVD player 24. 3 disk CD player 25. Longaberger baskets and wrought iron stands 26. Tanning bed 27. All home d6cor decorations (including candle sticks, picture frames, mirrors, crosses, wooden shelves, statues, clocks, potpourri burners, candles, fireplace screens, lamps, holly berry garland, etc.) 28. Wall hangings (including those in horse trailer) 29. Artificial plants 30. Video 'camera 31. Wedding gifts 32. Craftsman tool box and tools 14 33. Shop vacs (2) 34. Window Air Conditioning Units (2 - size small) 35. Wrapping paper, gift boxes, gift wrap materials 36. Craft items (beads, suede, rhinestones) 37. Baby furniture belonging to Sue Moreno 38. Jayme's remaining clothing 39. Holiday decorations (including fake Christmas tree) "The parties will split linens and towels, along with the DVD collection. ' ' 11? ! Wt ll true, e _ ? - rs 15 co f . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOSEPH R. WENGER, Plaintiff No. 07-1184 VS. . JAYME B. WENGER, ACTION IN DIVORCE Defendant CERTIFICATE OF SERVICE I, Andrea M. Singley, Esq., of the law firm of Beauchat & Beauchat, do hereby certify that I served a true and correct copy of the Divorce Complaint upon the following by depositing same in the United States Mail, Certified Mail, Restricted Delivery, Postage Prepaid, and United States Mail, First Class Postage, Postage Prepaid, addressed as follows (see attached proof of service): Jayme B. Wenger 8010 Lewis Road Harbor Creek, PA 16421 Date: 414 zca Andrea>-singleY, Fib ? j1A, N M rj 73. ...? -rz r ?C) ko r IN THE COURT OF COMMON PLEAS Joseph R. Wenger CUMBERLAND COUNTY, PENNSYLVANIA Vs. . CIVIL DIVISION Jayme B. Wenger :NO. 07-1184 CIVILTERM PRAECIPE TO TRANSMIT RECORD To the Pm&onotsry: Transmit the record, together with fire following mfmation to the court for entry of a divorce decree: 1. Ground for divorce TrretrkmdAe b=bJown under 3301(c) (Straw out inapplicable section) 2. Date and mamer of service of the complaint march 14th. 2QQ7_bv certif i ed mail, rACtri ct ed 1 i very _ 3. Complete either paragraph (a) or (b). a. Date of awcation of the affidavit of consent regained by 3301(c) of the Divorce code: by P - 4,L4/08 ; by defendmt 4x/0B b. (1) Date of ewaution of the affidavit required by 3301(d) of the Divorce Code: (2) Date of filing and service of flw plamtiffis affidavit upon the respondent: 4. Relatedclaimepe iag: iyorre mt,P = artj P? ?i qnP? a mari to 1 ?Pttlement to be incorporated but not merged per paragraph 5, page 2. 5. Complete either (a) or (b) a. Date and nsanner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: b. Date of plaintiffs Waiver of Notice in 3301 (c) Divorce was filed with the Pr+o:ho?ry: April 10th, 2008 Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the 19 C3 -C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Joseph R. Wender No. 07-1184 VERSUS DECREE IN DIVORCE AND NOW, 1 \QY ?? ??CJ IT IS ORDERED AND DECREED THAT Joseph R_ WP_ngPr , PLAINTIFF, AND Jayme B. Wenger DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BY THE COURT: PROTHONOTARY oov o,,?9j, f', ?O. 0( S ?f -