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HomeMy WebLinkAbout07-2757JENNIFER WINTERGRASS, Plaintiff V. JARED WINTERGRASS, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.. _ 19 7 a7s7 CIVIL ACTION -LAW 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. A list of marriage counselors is available in the Office of the Prothonotary, at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FOREXIAlf & FJOY(EM^ P.C. HI). CA ACIOLO, ESQUIRE n2arket Street, Sixth Floor Harrisburg, Pennsylvania 17101 PH: (717) 236-9391 ID: 90919 JENNIFER WINTERGRASS, Plaintiff V. JARED WINTERGRASS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 6 7- d 7Y9' Cam/ 7-ce- CIVIL ACTION -LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Jennifer Wintergrass, by and through her attorneys, Joseph D. Caraciolo, Esquire and Foreman & Foreman, P.C., and makes the following Complaint in Divorce and, in support thereof, avers as follows: 1. The Plaintiff, Jennifer Wintergrass, is an adult individual who currently resides at 206 Edenderry Way, Enola, Cumberland County, Pennsylvania, 17025. 2. The Defendant, Jared Wintergrass, is an adult individual who currently resides at 206 Edenderry Way, Enola, Cumberland County, Pennsylvania, 17025. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married by formal ceremony on August 24, 2002 in New Cumberland, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. At the appropriate time, Plaintiff will submit an affidavit alleging that the parties have been living separate and apart for a period of at least two years. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. This action is not collusive. WHEREFORE, the Plaintiff, Jennifer Wintergrass, respectfully requests this Honorable Court to enter a decree of divorce in this matter. COUNT I - EQUITABLE DISTRIBUTION 10. Paragraphs one (1) through nine (9) are incorporated herein by reference. 11. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, the Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to § 3502(a) of the Divorce Code. COUNT II - REQUEST FOR ALIMONY PENDENTE LITE AND ALIMONY UNDER SECTIONS 3701(A) AND 3702 OF THE DIVORCE CODE 12. The prior paragraphs, one (1) through eleven (11) of this Answer and Counterclaim are incorporated herein by reference thereto. 13. Defendant is unable to sustain herself during the course of litigation. 14. Defendant lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 15. Defendant requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. WHEREFORE, Defendant respectfully requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. COUNT III - REQUEST FOR COUNSEL FEES 16. The prior paragraphs, one (1) through fifteen (15) of this Answer and Counterclaim are incorporated herein by reference thereto. 17. By reason of this action, Defendant will be put to considerable expense in the preparation of her case, the employment of counsel and the payment of costs. 18. Defendant's income is not sufficient to provide for her reasonable needs and to pay her attorney's fees and the cost of this litigation. 19. Plaintiff has adequate earnings and income to pay Defendant's counsel fees. WHEREFORE, Defendant requests this Honorable Court to enter an Order for counsel fees. /r FOREMA & FO MAN C. i Date: C7/ U 3 /G 7/ ?/7 JOSEPH D. CARAMLO, ESQUIRE 2 Market Street, Sixth Floor Harrisburg, PA 17101 (717) 236-9391, I.D. #90919 JENNIFER WINTERGRASS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.. JARED WINTERGRASS, CIVIL ACTION -LAW Defendant IN DIVORCE VERIFICATION I verify that the statements made in this Complaint 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. § 4904, relating to unsworn falsification to authorities. Dated: 5/:4Y- Signature: a LA k A JeA CA Je nifer Wi grass, Plaintiff w 4 ? r (i,:? co T JENNIFER WINTERGRASS, Plaintiff V. JARED WINTERGRASS, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 07-2757 Civil CIVIL ACTION -LAW IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE HEARING AND NOW comes the Plaintiff, Jennifer Wintergrass, by and through her attorneys, Joseph D. Caraciolo, Esquire, and Foreman & Foreman, P.C., and respectfully files this petition for relief avering as follows: 1. At all times relevant to this action, Plaintiff and Defendant have resided together in the marital residence at 206 Edenberry Way, Enola, Cumberland County, Pennsylvania, 17025. 2. Plaintiff, Jennifer Wintergrass, filed a divorce complaint on May 4, 2007 in the Prothonotary's Office of the Cumberland County Court of Common Pleas. 3. Count II of Plaintiff's Divorce Complaint requested Alimony Pendanted Lite and Alimony under the Divorce Code. 4. Plaintiff does not have the appropriate means to sustain herself or relocate from the marital residence. 5. Plaintiff filed for Spousal Support and Alimony Pendante Lite on May 7, 2007 at the Domestic Relations Section of the Court of Common Pleas of Cumberland County. 6. A conference was scheduled for May 29, 2007 at 10:30 a.m. before a conference officer of the Domestic Relations Section. 7. Defendant's attorney entered his appearance on May 17, 2007. N 8. As of the date of filing of this Petition, Defendant has not filed a response to Plaintiff's Divorce Complaint. 9. Plaintiff desires that the conference to be held on May 29, 2007 at 10:30 a.m. before a conference officer of the Domestic Relations Section relate to both Spousal Support and Alimony Pendante Lite. WHEREFORE Plaintiff respectfully requests that this Honorable Court grant her the requested relief and order a Domestic Relations Conference to be held on the 29"' day of May, 2007, at 10:30 a.m. relating to the Plaintiff's claim for Alimony Pendante Lite. J Date: 015-/o-3 ,Tb PH D. CARAMLO, ESQUIRE 1 2 Market Street, Sixth Floor arrisburg, PA 17101 (717) 236-9391, I.D. #90919 JENNIFER WINTERGRASS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.: 07-2757 Civil JARED WINTERGRASS, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Petition upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, through first class U.S. Mail, prepaid, and addressed as follows: James Nealon, Esquire 101 S. Duke Street York, PA 17403 (Attorney for Defendant) Date:C"'r '?_ 3/4 iq PH D. CARACT L , X Market Street, Sixt Flog arrisburg, PA 17101 (717) 236-9391, I.D. 490919 ?? r-1 r-? ?:. (-- _._a C;3 -n ? ?_ ?? '?,- ,- "'t'! _,- _.. ._ r . w? ? ?? I t JENNIFER WINTERGRASS PLAINTIFF VS JARED WINTERGRASS DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND CO. PENNSYLVANIA DOCKET NO: 07-2757 Civil PRAECIPE OF ENTRY OF APPEARANCE To The Prothonotary: Please enter the appearance of the undersigned counsel with respect to Defendant, Jared Wintergrass. Respectfully submitted, NEALON, GOVER & PERRY Date: S l 7 /p -7 James G. Nealon, III, Esg4e Atty. I.D. #46457 101 South Duke Street York, PA 17403 (717) 852-7888 CERTIFICATE OF SERVICE AND NOW, this I7-?h day of May, 2007, 1 hereby certify that I have served the foregoing Entry of Appearance on the following by U.S. Mail: Joseph D. Caraciolo, Esquire FOREMAN & FOREMAN, P.C. 112 Market Street Harrisburg, Pennsylvania 17101 (e1?.?,u JAMES G. NEALON, III, ESQU E ?? ?' ?::? :? ..a f..? ? ?, 1? - ?, ?? .. -t 1 . i `-{ ?? JENNIFER WINTERGRASS, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-2757 CIVIL TERM JARED WINTERGRASS, IN DIVORCE Defendant/Respondent , PACSES CASE NO: 961109198 ORDER OF COURT AND NOW, this 6th day of August, 2007, 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 R.J. Shadday on August 28, 2007 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 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 W2'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 1910.110 (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, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Joseph D. Caraciolo, Esq. James Nealon, III, Esq. Date of Order: August 6, 2007 . Sh? day, nference Officer _ ?f 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 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 ,-s Q ? ? , ? ° . ? ? r ? c? ?? ? V ?w?i ?`-?1 !ij ? ?%. i ^ __ ? ?? r ? ? .+ V JENNIFER WINTERGRASS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-2757 CIVIL TERM JARED WINTERGRASS, IN DIVORCE Defendant/Respondent , PACSES Case Number: 961109198 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 10th day of August 2007, 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 R.J. Shaddav on September 12, 2007 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. This date replaces the prior conference date of August 28, 2007. 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© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you (6) 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, Edgar B. Bayley, President Judge Date of Order: August 10, 2007 Copies mailed to: Petitioner Respondent Joseph Caraciolo, Esq. James Nealon, III, Esq. R. J hadd , 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 ?7 , }{LL` 4 CIO JENNIFER WINTERGRASS, Plaintiff/Petitioner VS. JARED WINTERGRASS, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-2757 CIVIL TERM IN DIVORCE PACSES Case No: 961109198 ORDER OF COURT AND NOW to wit, this 12th day of September 2007, it is hereby Ordered that the Petition for Alimony Pendente Lite order is dismissed, without prejudice, pursuant to the parties incomes and that the Defendant is maintaining the mortgage on the marital home. BY THE COURT: Kevin'A. Hess, J. DRO: R.J. Shadday xc: Petitioner Respondent Joseph D. Caraciolo, Esq. James Nealon, III, Esq. Form OE-001 Service Type: M Worker: 21005 va -' N F' JENNIFER WINTERGRASS PLAINTIFF VS JARED WINTERGRASS DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO. PENNSYLVANIA DOCKET NO: 07-2757 Civil AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on May 4, 2007. 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. 1 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. § 4904 relating to unsworn falsification to authorities. Date 41 JARED WINT GRASS, Defendant t7 0 ?? rQ JENNIFER WINTERGRASS PLAINTIFF VS JARED WINTERGRASS DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO. PENNSYLVANIA : DOCKET NO: 07-2757 Civil WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 6 3301(c) AND 4 3301(d) OF THE DIVORCE CODE 1 consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 understand that 1 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. § 4904 relating to unswom falsification to authorities. s-2-- 07 Date JARED WINTE RASS, Defendant C? ''°' ca O `? -? ,.: ? ? ?r .??_ ;? ?a ??.a JENNIFER WINTERGRASS, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.: 07-2757 Civil Term JARED WINTERGRASS, CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on May 4, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in 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, attorney's fees or expenses if I do not claim them before a divorce is granted. 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 unsworn falsification to authorities. Date: 3 S- lo I R?? t' er Wintergrass, Plaintiff' Q .a a M rrt?_: ? ' LD a 1 c-n JENNIFER WINTERGRASS, Plaintiff V. JARED WINTERGRASS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-2757 Civil Term : CIVIL ACTION -LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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 statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: 3110o l AMA? Jennifer ?ntergrass, Plaintiff C 0 C= 'rt t' w r-tj Cn.. 6 0 j - -Ti . ? 5 m JENNIFER WINTERGRASS PLAINTIFF VS JARED WINTERGRASS DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO. PENNSYLVANIA : DOCKET NO: 07-2757 Civil MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of Ocfuscr , 2008, by and between JENNIFER WINTERGRASS (hereinafter called "Wife") and JARED WINTERGRASS (hereinafter called "Husband"). WITNESSETH: WHEREAS, Husband and Wife were married on August 24, 2002; and WHEREAS, the parties hereto desire to fix and determine by this Marital Settlement Agreement the rights and claims that have accrued to each of them in the estate and real and personal property of the other by reason of the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, support, maintenance, alimony payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims. NOW THEREFORE, in consideration of the premises and of the marriage, and in further consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally bound hereby, the parties agree as follows: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. 3. WIFES DEBTS. Wife represents and warrants to Husband that as of the date of separation she has not incurred, and in the future she will not contract or incur, any debts or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Any and all loans, and/or debts and charge accounts presently in Wife's name alone, shall be Wife's sole and separate responsibility for payment thereof, and Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by wife. 4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that as of the date of separation he has not incurred, and in the future he will not contract or incur, any debts or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Any and all loans, and/or debts and charge accounts presently in Husband's name alone shall be Husband's sole and separate responsibility for payment thereof, and Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 5. DIVISION OF PROPERTY. Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. Husband's Property The following property shall become the sole and exclusive property of the Husband: All right, title and interest in any of Husband's checking and savings accounts in his name. 2. All right, title and interest to the Smith Barney Roth IRA, account xxxx-8364; and 3. The balance of the Husband's Thrift Plan of Peirce-Phelps, Inc., after the transfer to Wife of $31,763.35, as required in Paragraph 5.B. below. B. Wife's Property The following property shall become the sole and exclusive property of Wife: 1. All right, title and interest in the 2005 Chevrolet Equinox. Wife shall be solely responsible for all loan payments, repairs, maintenance, insurance and registration fees for the vehicle. 2. All right, title and interest in any of Wife's checking, savings, pension, 401(k), IRA, retirement or other accounts in her name. 3. The sum of $1,690.00 to be paid directly from Husband. This payment represents one-half of the marital portion of the Smith Barney Roth IRA, account xxxx-8364. 4. The sum of $31,763.35 from Husband's Thrift Plan of Peirce- Phelps, Inc. The transfer shall be accomplished pursuant to a Qualified Domestic Relations Order ("QDRO") to be prepared by counsel for Wife. Wife shall be solely responsible for any taxes, penalties or costs associated with the transfer. C. Marital Home 1. During the marriage, Husband and Wife obtained the property known as 206 Edenberry Way, Enola, PA 17025. 2. The property is currently encumbered by two mortgages. 3. Within sixty (60) days of the execution of this Agreement, Husband shall refinance the two mortgages so as to remove Wife from the obligation. At the time of refinancing, Husband shall pay to Wife the sum of $29,437.35. 4. At the time of refinancing, Wife shall execute a deed conveying the property to Husband. The property shall then become the sole and separate property of Husband. D. Other property. The parties agree that they have divided all other separate and marital property to their mutual satisfaction. As of the date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from one to the other. Each party hereby waives any and all claims to the property of the other that is either titled in the name of the other party or in the other party's possession. 6. INCOME TAX. The parties have previously filed joint federal and state tax returns. Both parties agree that in the event of any deficiency in federal, state or local income tax is proposed or any assessment of any such taxes made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment or any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the foresaid joint return. 7. ALIMONY/SPOUSAL SUPPORT. Both parties agree to make no claim for alimony, alimony pendente lite, spousal support or any claim for separate maintenance now or at any future time, or in connection with the pending divorce action between the parties 8. COUNSEL FEES. Husband and Wife agree to be solely responsible for payment of his or her attorney fees in connection with this Agreement and the pending divorce action between the parties. 9. FINANCIAL DISCLOSURE. The parties have fully disclosed to each other and they are aware of the extent of each other's income, assets, liabilities, holdings and estates. Husband and Wife confirm that by executing this Agreement each forever waives any future right to set aside said Agreement, or to defend against its enforcement or any portion thereof based upon the absence of such a disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or doe not make a reasonable provision for one or the other of them. 10. NO-FAULT DIVORCE. Both parties agree to execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree to facilitate entry of a divorce decree pursuant to Section 3301(c) of the Divorce Code. 11. BREACH. If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages, including attorney fees, for such breach, or seek such remedies or relief as may be available to him or her respectively. 12. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, pension documents, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 13. VOLUNTARY EXECUTION. The provisions of this Agreement have been read by the Parties. Each party acknowledges that the Agreement is fair and equitable, that full disclosure has been made by each respective part to the other, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Wife and Husband acknowledge that they have been furnished with all information relating to the financial affairs of the other, which has been requested by the respectively. Both parties acknowledge that they have had the advice and benefit of counsel in entering into this Agreement. 14. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the martial relationship, including, without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take property against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. 15. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives and assigns. This Agreement shall survive a decree of divorce between the parties in any jurisdiction and any other Order, which may be entered in accordance with this Agreement. In the event that a Decree of Divorce is entered in the Court of Common Pleas of Cumberland County, Pennsylvania or in the event that a Decree of Divorce is entered in any other jurisdiction, the parties agree to incorporate this Agreement in the Divorce Decree for purposes of enforcement. It is the specific intent of the parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, equitable relief or property settlement or with regard to any other provisions hereof. In the event that any final order of court is entered in any jurisdiction with respect to the parties hereto which is contrary to the provision hereof, then the rights and responsibilities of each of the parties hereto shall be relieved or adjusted to the extent necessary to conform to this Agreement. 16. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertaking other than those expressly set forth herein. 17. MODIFICATIONS AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement, shall not be construed as a waiver or any subsequent default of the same or similar nature. 18. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligation of the parties. 19. IRREVOCABILITY. It is understood and agreed to by and between the respective parties hereto that the property division-distribution effected by the herein Agreement is IRREVOCABLE and that such division- distribution shall not be affected by any future change in circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current or future laws or case decisions. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. JE IFER WI TERGRASS ., t Witn s ED WINTE RASS ZI APR - I PR 0 59 CLWBIE LAP4D COLWTY MO 7%.5 Dri . (a n `fie .--- 1\ it JENNIFER WINTERGRASS, Plaintiff V. JARED WINTERGRASS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-2757 Civil Term 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 Section X 3301(c) or 3301(d)(1) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified return receipt requested, restricted delivery (copy of the Domestic Return Receipt attached). 3. Complete either Paragraph A. or B. A.1 Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code by Plaintiff: March 15, 2009 by Defendant: March 2, 2009 A.2 Date of filing of Plaintiff's and Defendant's Waiver of Notice of Intent: by Plaintiff: March 19, 2009 by Defendant: March 9, 2009 4. Related claims pending. Please, incorporate without merging the attached Marital Settlement Agreement of the parties into the Divorce Decree. B.1 Date of execution of the Plaintiff's Affidavit required under Section 3301(d) of the Divorce Code: B.2 Date of service of Plaintiff's Affidavit upon Defendant: Date of service of Notice to Intention to Enter: Date: 0 ? ? ? -4? Jo h D. C 112 Market Warrisburg, Pennsylvafda 17101 ID# 90919 Tel. (717) 236-9391 P.C. b.4 . __ • Exhibit "A" a'1. a15'1 ice . OF A%WVM 20 APR -1 M 59 a%- A', 4*0 Jennifer Wintergrass IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Jared Wintergrass NO 07-2757 DIVORCE DECREE AND NOW, 047 5 , it is ordered and decreed that Jennifer Wintergrass plaintiff, and Jared Wintergrass , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The attached Marital Settlement Agreement signed by the parties is incorporated but not merged with this Divorce Decree B e Court, Attest: J. Prothonotary oq e" lur- O- A , OCT 0 z 2009 STIPULATED QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, this Court has jurisdiction over Petitioner and Respondent and the subject matter of this Order pursuant to the Pennsylvania Divorce Code, 23 Pa.C.S.A. §§3101 et seq.,; and WHEREAS, Petitioner, Respondent and the Court intend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as a "QDRO") as defined in Section 206(d)(3) of the Employee Retirement Income security Act of 1974 ("ERISA"; and WHEREAS, Petitioner and Respondent have stipulated that the Court enter this order. NOW, THEREFORE, IT IS HEREBY ORDERED 'BY THE COURT as follows: JENNIFER WMERGRASS, : IN THE COURT OF COMMON PLEAS OF Plaintiff ettitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 07-2757 CIVIL TERM JARED WINTERGRASS, : CIVIL ACTION - AT LAW Defendant/Respondent : IN DIVORCE 1. 2. 3 As used in this Order, the following terms shall apply: (a) Participant shall mean Jared Paul Wintergrass, whose current address is 206 Eden Derry Way, Enola, Cumberland County, Pennsylvania 17025,, who was born on August 1, 1974, and whose social security number is xxx-xx-6494. (b) Alternate Payee shall mean Jennifer Wintergrass, whose current address is 259 Trash Drive, Hummelstown, Dauphin County, Pennsylvania 17036, who was born December 5, 1974, and whose social security number is xxx-xx-6718. (c) Plan shall mean Thrift Plan of Peirce-Phelps, Inc. - 090602. (d) Plan Administrator shall mean Peirce-Phelps, Inc. (e) Valuation Date shall mean April 7, 2009. The Alternate Payee is the Former Spouse of the Participant. With respect to marital property, alimony or spousal support awards, the Participant and. Alternate Payee are considered married for federal income tax purposes. 4. Participant and Alternate Payee were married on August 4, 2002, and were legally divorced on April 7, 2009. 5. The Alternate Payee's interest in the Plan shall be $31,763.35 as of the Valuation Date. 6. The Alternate Payee's interest in the Plan shall be payable to the Alternate Payee in a lump sum as soon as administratively feasible following the date that the Order is determined to be a QDRO. The Alternate Payee shall initiate the distribution in accordance with the terms of the Plan and the administrative procedures that have been established by the Plan Administrator. The amount distributed to the Alternate Payee will be the value of the Alternate Payee's account on the date the distribution is processed. 7. All beneficiary designations will be made after qualification of the Order and segregation of a separate account for the Alternate Payee pursuant to the administrative procedures established for the Plan. 8. The Alternate Payee IS NOT entitled to earnings (dividends, interest, gain and losses) on his/her award from the Valuation Date to the date that the award is segregated from the Participant's Plan account. 9. The Parties shall cause an original court certified or true copy of this Order to be served on the Plan Administrator's agent, Peirce-Phelps, Inc., Human Resources Manager, forthwith. This Order shall remain in effect until further order of this Court. 10. Nothing contained in the Order shall be construed to require any Plan or Plan Administrator: (a) to provide to the Alternate Payee any type or form of benefit or option not otherwise available to the Participant under the Plan; (b) to provide the Alternate Payee increased benefits (determined on the basis of actuarial value) not available to the Participant; or (c) to pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another Order, which has been determined to be a QDRO, before this Order is determined to be a QDRO. 11. Neither Party shall accept any benefits from the Plan which are the prrperty of the other Party. In the event that the Plan Administrator inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall forthwith return such benefits to the Plan. In the event that the Plan Administrator inadvertently pays to the Alternate Payee any benefits that are not assigned to the Alternate Payee pursuant to the terms of this Order, the Alternate Payee shall forthwith return such benefits to the Plan. 12. The Plan and its sponsor and fiduciaries shall not be responsible for any attorney's fees incurred by the Participant or the Alternate Payee in connection with obtaining and enforcing this Domestic Relations Order. Attorney for Petitioner: Attorney for R Joseph D. ,ara iolo James G. Nealo T 112 M et eet, 6t loo 2411 North Harr ur A l 1 Harrisb , P.? 7-236-930 v ( / 717-232-9900 Date: ?Ib BY THE COURT: OF THE PP rARY 2009 OCT -9 PM 1: 53 1Jki;M L :p of :LJ?) i'lUNFN ?`[ Hof glo4 ' ?a ?'€.s "na ? L 04,? J . toy 9..? j