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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
.
PENNA.
STATE OF
.
HEATHER A. WINERITER
.
No.
01-2501
.
PlAintiff
.
VERSUS
.
. RANDALL S. WINERITER
.
.
Defendant
.
.
.
DECREE IN
DIVORCE
.
J- (( rtftM.
,2001
.
~L
, IT is ORDERED AND
AND NOW,
DECREED THAT
HEATHER A. WINERlTER
, PLAINTiFF,
AND
RANDALL S. WINERITER
, 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;
.
.
.
.
None. The attached Marital Agreement between the parties dated August 13,
2001, shall be incorporated but not merged into this Decree in Divorce
pursuant to the said Agreement.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COuNTY, PENNSYLVANIA
HEATHER A. WINERITER
Plaintiff,
CIVIL ACTION -LAW
vs.
NO. c)/- ::<. S"ct G-()~( '-J.;f;.
RANDALL S. WINERITER
Defendant.
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
judgement 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 grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may
request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary
at Cumberland County Courthouse, Carlisle, P A 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S
FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE
THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257~1397
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
HEATHER A. WINERITER
Plaintiff,
CIVIL ACTION - LAW
vs.
NO. 01- ;).5'01
~
--
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RANDALL S. WINERITER
Defendant.
IN DIVORCE
COMPLAINT IN DIVORCE UNDER
SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE
COUNT I - IRRETRIEVABLE BREAKDOWN
AND NOW, comes the above named Plaintiff, Heather A. Wineriter, by and through her
attorneys, Weigle, Perkins and Associates, and David P. Perkins, Esquire, and seeks to obtain a Decree
in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth:
1. Plaintiff, Heather A. Wineriter, is an adult individual presently residing at 8013 Scenic Drive,
Shippensburg, Franklin County, Pennsylvania 17257, since April 2001.
2. Defendant, Randall S. Wineriter, is an adult individual presently residing at 577 South Mountain
Estate Road, Shippensburg, Cumberland County, Pennsylvania 17257, since April 2000.
3. The Plaintiff and Defendant are nationals and citizens of the United States of America, and both
have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months
immediately previous to the filing ofthe Complaint in Divorce.
4. The Plaintiff and Defendant were married on November 13, 1996, in Bradford, McKean County,
Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties.
6. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to
request that the court require the parties to participate in counseling.
7. The marriage is irretrievably broken.
8. The parties have lived separate and apart since March 6, 2001.
9. The Plaintiff requests the court to enter a decree of divorce.
WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the
bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled.
WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257~1397
"
COUNT II - EOUlTABLE DISTRIBUTION
10. Paragraphs 1 through 9 of Plaintiffs Complaint are incorporated herein by reference as though
set forth in full.
11. Plaintiff and Defendant have legally and beneficially acquired property, during their marriage
from November 13, 1996, until March 6, 2001, date of separation, all of which property is
"marital property".
12. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-
marital property" which has increased in value since the date of the marriage and or subsequent
to its acquisition during the marriage, which increase in value is a marital property.
13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to
the date of the filing of this Complaint and substantial portions of said property are in the
exclusive control of Defendant.
14. Plaintiff requests the Court to equitably divide all marital property.
WHEREFORE, Plaintiff requests the Court to equitably divide all marital property and to enjoin
Plaintiff and Defendant from the removal, disposition, alienation, or encumbering of all property of the
parties.
WEIGLE, PERKINS & ASSOCIATES
Q~ (7. ~
By:
David P. Perkins, Esquire
Attorney for Plaintiff
Attorney ID #34342
126 East King Street
Shippensburg, PAl 7257
Telephone 717-532-7388
WEIGLE, PERKINS & ASSOCIATES - ATTORNEVS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257~1397
II
. .
VERIFICATION
I verifY that the statements made in the foregoing Complaint in Divorce are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa C.S. g 4904, relating to
unsworn falsification to authorities.
Dated: if - ~5 -0 I
('lJeAfAeA A )1~:OArh,{
Heather A. Wiileriter, Plaintiff
WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
HEATHER A. WINERITER
Plaintiff,
CIVIL ACTION - LAW
vs.
NO. 01-2501 Civil Term
RANDALL S. WINERITER
Defendant.
IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
Rhonda R Wolford, being duly sworn according to law, deposes and says that on May 3, 2001,
true and attested copies of Notice to Defend and Complaint in Divorce were served upon the
Defendant, Randall S. Wineriter. Manner of service: by mailing the same postage paid, certified mail,
addressee only, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows:
Randall S. Wineriter
577 South Mountain Estate Road
Shippensburg, PAl 7257
l~ Y1.~d
RHONDA R. WOLFORD
Sworn to and subscribed before
me this 1'" day of May, 2001.
JM~"~'I/)L ~. t;;m (I
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
HEATHER A. WINERITER
Plaintiff,
CIVIL ACTION - LAW
vs.
NO. 01-2501 Civil Term
RANDALL S. WINERITER
Defendant.
IN DIVORCE
PROOF OF SERVICE
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
HEATHER A. WINERITER
Plaintiff,
CIVIL ACTION -LAW
vs.
NO. 01-2501 Civil Term
RANDALL S. vnNERITER
Defendant.
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under S 3301(c) of the Divorce Code was filed on April 27, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to request
entry of the decree.
I 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. S 4904 relating to unsworn
falsification to authorities.
Dated: AU(\ \8, 20DI
~WN~
REA TRER. ERITER, Plaintiff
WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
HEATHER A. WINERITER
Plaintiff,
CIVIL ACTION - LAW
vs.
NO. 01-2501 Civil Term
RANDALL S. WINERITER
Defendant.
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A
DIVORCE DECREE UNDER 113301(c) AND 113301(d) OF THE DIVORCE CODE
I. I consent to the entry of a [mal 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.
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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. S 4904 relating to unsworn
falsification to authorities.
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Dated: AIAG Jg, 200 I
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HlfA THER A. WINERITER, Plaintiff
WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET ~ SHIPPENSBURG, PA 17257~1397
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
HEATHER A. WINERlTER
Plaintiff,
CIVIL ACTION - LAW
vs.
NO. 01-2501 Civil Term
RANDALL S. WINERlTER
Defendant.
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under S 3301(c) of the Divorce Code was filed on April 27, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of filing and service of the Complaint
3. I consent to the entry of a final decree of divorce after service of notice of intention to request
entry of the decree.
I 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. S 4904 relating to unsworn
falsification to authorities.
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Dated: A uc'\ I & I aoo I
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RANDALL S. WINERITER, Defendant
WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
HEATHER A. WlNERITER
Plaintiff,
CIVIL ACTION - LAW
vs.
NO. 01-2501 Civil Term
RANDALL S. WINERITER
Defendant.
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A
DIVORCE DECREE UNDER 113301(c) AND 113301(d) OF THE DIVORCE CODE
I. I consent to the entry of a fmal 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
statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn
falsification to authorities.
Dated:.iJ~(;, 11., aOOI
~
DALL S. RITER, etendant
WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257~1397
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
HEATHER A. WINERITER .
Plaintiff,
CIVIL ACTION - LAW
vs.
NO. 01-2501 Civil Term
RANDALL S. WINERITER
Defendant.
IN DIVORCE
NOTICE OF ELECTION TO RETAKE FORMER NAME
Notice is hereby given that the Plaintiff in the above matter, having received a Final Decree in
divorce from the bonds of matrimony on the 1st day of October 2001, hereby elects to retake and
hereafter use her previous name of Gimmi.
i~~~wbA
REA THER A. RITER
To Be Known As:
~,J,~~
HEATHER A. GIMMI
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
On this, the Q5 "-1'\ day of (]}l'kbtA..- , 200I, before me a
Notary Public in and for said County and State, the undersigned officer, personally appeared Heather A.
Wineriter, to be known as Heather A. Gimmi, known to me (of satisfactorily proven) to be the person
whose name is subscribed to the within instrument, and acknowledged that she executed the same for
the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
HEATHER A. WlNERlTER
Plaintiff,
CIVIL ACTION - LAW
vs.
NO. 01-2501 Civil Term
RANDALL S. WINERlTER
Defendant.
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a divorce
decree:
1. Grounds for divorce: irretrievable breakdown under S 3301(c) ofthe Divorce Code.
2. Date and manner of service of the complaint: May 3, 2001, by mailing postage paid, certified
mail, addressee only, and return receipt requested at Shippensburg, Pennsylvania.
3. Date of execution of the affidavit of consent required by S 3301(c) of the Divorce Code: by
Plaintiff, August 13,2001; by Defendant, August 16, 2001.
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4. Related claims pending: None. The attached Marital Agreement between the parties dated
August 13,2001, shall be incorporated but not merged into this Decree in Divorce pursuant to
the said Agreement.
5. Date Plaintiffs Waiver in S 3301(c) Divorce was filed with the prothonotary: August 14,2001.
Date Defendant's Waiver of Notice in S 3301(c) Divorce was filed with the prothonotary:
August 22, 200 I.
WEIGLE, PERKINS & ASSOCIATES
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David P. Perkins, Esquire
Attorney for Plaintiff
Attorney ID #34342
126 East King Street
Shippensburg, P A 17257
Telephone (717)532-7388
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MARITAL AGREEMENT
THIS AGREEMENT, made this /3Tf'I day of AU. @ U~T ,2001, by and between
Randall S. Wineriter, hereinafter referred to as Husband, of 577 South Mountain Estate Road,
Shippensburg, Cumberland County, Pennsylyania 17257, and Heather A. Wineriter, hereinafter referred
to as Wife, of 8013 Scenic Drive, Shippensburg, Franklin County, Pennsylvania, 17257.
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been married on November 13,
1996, in Bradford, McKean County, Pennsylvania, with two (2) children having been born of the
marriage: Jordan M. Wineriter, born June 15, 1998, and Madison 1. Wineriter, born June 15, 1998; and
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the
parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are
desirous of settling some of their respective financial and property rights and obligations as between
each other including, without limitation by specification, the equitable division of marital property.
AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS
This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited
or absolute divorce on lawful grounds, if such grounds exist or shall hereafter exist or to such defense as
may be available to either party. This Agreement is not intended to condone and shall not be deemed to
be a condonation, on the part of either party hereto, of any act or acts on the part of the other party which
have occasioned the disputes or unhappy differences which have occurred prior to or which may occur
subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant
to the terms of Section 3301(c) of the Pennsylvania Divorce Code of 1980, as amended.
EFFECT OF DIVORCE DECREE
The parties agree that unless otherwise specifically provided herein, this Agreement shall
continue in full force and effect after such time as a final decree in divorce may be entered with respect
to the parties.
AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE
The parties agree that the terms of this Agreement may be incorporated into any divorce decree,
which may be entered with respect to them.
DATE OF EXECUTION
The "date of execution" or "execution date" of the Agreement shall be defmed as the date upon
which it is executed by the parties if they have each executed the Agreement on the same date.
Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of
execution by the party last executing this Agreement.
WEIGLE, PERKINS & ASSOCIATES ~ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
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Page 2 of7
ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained to wife, by
David P. Perkins, Esquire, who is attorney for wife and who prepared this marital agreement. Husband
acknowledges that he has been advised of his right to seek independent legal counsel. Both parties
acknowledge that they fully understand the facts and have been fully informed as to their legal rights
and obligations and understand the same. The parties hereto further acknowledge and accept that this
Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and
voluntarily after having received such advice and with such knowledge, and that execution of this
Agreement is not the result of any duress or undue influence and that it is not the result of any collusion
or improper or illegal agreement or agreements.
PERSONAL RIGHTS
Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be
free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as
fully as if they were unmarried. They may reside at such place as they may select. Each may, for his or
her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or
employment, which to him or her may seem advisable. Wife and Husband shall not molest, harass,
disturb or malign each other or the respective families of each other nor compel or attempt to compel the
other to cohabit or dwell by any means or in any manner whatsoever with him or her.
PERSONAL PROPERTY
Husband and Wife do hereby acknowledge that they have previously divided their tangible
personal property, including but not limited to jewelry, clothes, furniture, furnishings, rugs, carpets,
household equipment and appliances, vehicles, pictures, books, works of art and other personal property
and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and
separate property of Husband and Husband agrees that all of the property in the possession of Wife shall
be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce
and forever abandon whatever claims, if any, he or she may have with respect to the above items, which
shall become the sole and separate property of the other.
MOTOR VEHICLES
A. The parties agree that Wife shall become the sole and exclusive owner of the parties'
1999 Honda Accord motor vehicle. Husband hereby specifically waives, releases, renounces and
forever abandons whatever claims, if any, he may have with respect to the Honda motor vehicle. Wife
shall be solely responsible for all payments of the debt secured by said motor vehicle owed to American
Honda Finance in the approximate amount of Fourteen Thousand Five Hundred Ninety-seven Dollars
($14,597.00). Wife shall indemnify and hold Husband harmless with respect to the loan obligation
owed to American Honda Finance.
WEIGLE, PERKINS & ASSOCIATES - ATTORNEVS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
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B. The parties agree that Husband shall become the sole and exclusive owner of the
parties'1998 Dodge Caravan motor vehicle. Wife hereby specifically waives, releases, renounces and
forever abandons whatever claims, if any, she may have with respect to the Dodge motor vehicle.
Husband shall be solely responsible for all payments of the debt secured by said motor vehicle owed to
PSECU in the approximate amount of Twelve Thousand Six Hundred Sixty-two Dollars ($12,662.00).
Husband shall indemnify and hold Wife harmless with respect to the loan obligation owed to PSECU.
MOBILE HOME
Parties hereto acknowledge and agree that they are the owners of a certain mobile home
presently located in the state of Texas. The parties agree that the mobile home shall become the sole and
separate property of Husband. Wife shall execute the necessary documents to transfer ownership of the
mobile home to Husband upon Husband's request. Husband shall assume responsibility for payment of
the debt secured by the mobile home owed to Chase Manhattan in the approximate amount of Forty
Thousand Dollars ($40,000.00). Husband shall indemnify and hold Wife harmless with respect to the
loan obligation to Chase Manhattan. Husband shall be solely responsible for all costs and expenses
associated with the mobile home including, but not limited to, taxes, utilities, and insurance.
AFTER-ACOUlRED PERSONAL PROPERTY
Each of the parties shall hereafter own and enjoy, independently of any claim or right of the
other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full
power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes,
as though he or she were not married.
MARITAL DEBTS
A. Wife shall assume responsibility for payment of the following debts, and Wife shall
indemnify and hold Husband harmless with respect to these debts:
I. Fleet credit card in the approximate amount of Seven Thousand Dollars
($7,000.00); and
2. Discover credit card in the approximate amount of Four Thousand Dollars
($4,000.00).
B. Husband shall assume responsibility for payment of the following debts, and Husband
shall indemnify and hold Wife harmless with respect to these debts:
1. Jointly titled Amway credit card through US Bank in the approximate amount of
Three Thousand Dollars ($3,000.00).
2. Jointly titled Visa credit card through PSECU in the approximate amount of Five
Thousand Dollars ($5,000.00).
3. Joint personal loan through PSECU in the approximate amount of Four Thousand
One Hundred Dollars ($4,100.00).
4. Loan in Husband's name through USAA credit card in the approximate amount of
Ten Thousand Dollars ($ I 0,000.00).
WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
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Page 4 of7
5. First USA credit card in Husband's name in the approximate amount of Ten
Thousand Dollars ($10,000.00).
6. US Bank credit card in Husband's name in the approximate amount of Three
Thousand Five Hundred Dollars ($3,500.00).
7. Citibank credit card in Husband's name in the approximate amount of One
Thousand Dollars ($1,000.00).
WARRANTY AS TO EXISTING OBLIGATIONS
Each party represents that he or she has not heretofore incurred or contracted for any debt or
liability or obligation for which the estate of the other party may be responsible or liable except as may
be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless
from and against any and all such debts, liabilities or obligations of every kind which may have
heretofore been incurred by them, including those for necessities, except for the obligations arising out
of this Agreement.
WARRANTY AS TO FUTURE OBLIGATIONS
Wife and Husband each covenant, warrant, represent and agree that each will now and at all
times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities
incurred by the other after the execution date of this Agreement, except as may be otherwise specifically
provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability
whatsoever for which the estate of the other may be liable.
MUTUAL RELEASES
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Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the
other and the estate of each other, for all time to come, and for all purposes whatsoever, of and from any
and all rights, title and interest, or claims in or against the property (including income and gain from
property hereafter accruing) of the other or against the estate of such other, of whatsoever nature and
wheresoever situate, which he or she now has or at any time hereafter may have against such other, the
estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements
or liabilities of such other or by way of dower, courtesy, or claims in the nature of dower or courtesy or
widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the
right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate,
whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the
United States, or (c) any other country, except, and only except, all rights and agreements and
obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of
any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of
this Agreement a full, complete and general release with respect to any and all property of any kind or
nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only
except all rights and agreements and obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any provision thereof.
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WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257~1397
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Page 5 of7
WAIVER OR MODIFICATION TO BE IN WRITING
No modification or waiver of any of the terms hereof shall be valid unless in writing and signed
by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any
subsequent default of the same or similar nature.
DIVORCE
The parties hereto agree to enter into a mutual consent divorce under Section 3301(c) of the
Pennsylvania Divorce Code of 1980, as amended. Wife agrees to pursue the present divorce action filed
to No. 01-2501 Civil, 2001, in the Court of Common Pleas of Cumberland County, Pennsylvania, and to
be the Plaintiff therein. Husband agrees to sign the necessary documents, including the Affidavit of
Consent, at such time after the ninety (90) days of filing of the Complaint and further instruments that
may be reasonably required to give full force and effect to the provisions of this Agreement.
MUTUAL COOPERATION
Each party shall, at any time and from time to time hereafter, take any and all steps and execute,
acknowledge and deliver to the other party any and all future instruments and/or documents that the
other party may reasonably require for the purpose of giving full force and effect to the provisions of
this Agreement.
LAW OF PENNSYLVANIA APPLICABLE
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
AGREEMENT BINDING ON HEIRS
This Agreement shall be binding and shall insure to the benefit of the parties hereto and their
respective heirs, executors, administrators, successors and assigns.
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 legal
fees and costs incurred by the other in enforcing their rights under this Agreement.
FINANCIAL DISCLOSURE
The parties confirm that they have relied on the substantial accuracy of the financial disclosure
of the other as an inducement to the execution of this Agreement.
WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
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ENTIRE AGREEMENT
This Agreement constitutes the entire understanding of the parties and supersedes any and all
prior agreements and negotiations between them. There are no representations or warranties other than
those expressly set forth herein.
NO WAIVER OF DEFAULT
This Agreement shall remain in full force and effect unless and until terminated under and
pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of
any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce
the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any
subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict
performance of any other obligations herein.
SEVERABILITY
If any term, condition, clause or provision of this Agreement shall be determined or declared to
be void or invalid in law or otherwise, then only that term, condition, clause or provisions shall be
stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full
force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any
one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent,
shall in no way void or alter the remaining obligations of the parties.
HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted
solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect
its meaning, construction or effect.
VOLUNTARY EXECUTION
The provisions of this Agreement and their legal effect have been fully explained to the parties
by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it
is being entered into voluntarily, and that it is not the result of any duress or undue influence.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written.
WITNESS:
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ATHER A. WINERITER
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COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF CUMBERLAND
On this, the /3 #.. day of GYt(~ ,2001, before me a Notary Public,
the undersigned officer, personally appeared ather A. Wineriter, 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 seaL
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Notarial Seal
Patricia L. Tome, Notary Public
Shippansburg Boro, Cumbel'landCounly
My Commission Expires June 7, 2004
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On this, the 1(0 day of A()~. ,2001, before me a Notary Public,
the undersigned officer, personally appeared dall S. Wmeriter, 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 seal.
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NOTARIAL SEAL
PAMELA A SWITALSKI Notary Public
Shlppensburg, Cumberland County
My Commission Expires Feb. 9, 2004
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