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HomeMy WebLinkAbout03-5120Jeffrey R. Vincett, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03- ?/ao CIVIL TERM Patricia A. Vincett, : CIVIL ACTION - LAW 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 will proceed without you and a decree in divorce or annulment may 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 First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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, PA 17013 (717) 249-3166 Jeffrey R. Vincett, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03- 3 1° CIVIL TERM Patricia A. Vincett, : CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Jeffrey R. Vincett, an adult individual, currently residing at 300 Juniper Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Patricia A. Vincett, an adult individual, currently residing at 300, Juniper Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on September 21, 1990 in Carlisle, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. Respectfully Submitted TURO LAW OFFICES Date Robert J uldeng, Es e 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. ZS?(-,-5 Date 7 J fret' . nc tt 4 Cpl rr,(i f i 1 II .I7 ? l ?' r J ? o G Jeffrey R. Vincett, Plaintiff V. Patricia A. Vincett, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 6/.Z., CIVIL TERM CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Jeffrey R. Vincett, an adult individual whose residence is at 300 Juniper Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Patricia A. Vincett, an adult individual whose residence is at 300 Juniper Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of his child Joseph R. Vincett, born February 19, 1991 currently residing at 300 Juniper Street, Carlisle, Pennsylvania. 4. The child is presently in the custody of Plaintiff. 5. Since the child's birth, the child has resided at the following addresses: Name Address Dates Joseph R. Vincett 300 Juniper Street, Carlisle, PA 17013 Birth to Present 6. The relationship of the Plaintiff to the child is that of natural father. 7. The relationship of the Defendant to the child is that of natural mother. 8. The Plaintiff has not participated as a party or in any other capacity, in other litigation concerning the custody of the child in this or any other Court. 9. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is the primary care giver with respect to the child. 11. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. WHEREFORE, Plaintiff requests your Honorable Court Respectfully Submitted TURO LAW OFFICES C??dC140 Date R ?uldeng, re 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION 1 verify that the statements made in the foregoing Custody Complaint are true and correct. 1 understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. q 2S c-z-,,? Date r .7ncett V U ?n J q v U no IN THE COURT OF COMMON PLEAS OF JEFFREY J. VINCETT PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V 03-5120 CIVIL ACTION LAW PATRICIA A. VINCETT IN CUSTODY DEFENDANT ORDER OF COURT upon consideration of the attached complaint, AND NOW, Wednesday, October v01, e 2003 their respective counsel appear before _ Hubert X Gilroy Esq. ,the conciliator, it is hereby directed that parties and Thursday, October 23, 2003 at 10:30 AM at 4th Floor, Cumberland Count Courthouse, Carlisle on resolve the issues in dispute; Or for a Pre-Hearing Custody Conference. At such conference, an effort will be made to and to enter into a temporary if this cannot be accomplished, to define and narrow the issues to be heard by the court, order. All children age five or older may also be present e at the conference. Failure to appear at the conference may Permanent provide grounds for entry of a temporary The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By. /s/ H:?b r X ail Custody Conciliator equired by law The Court of Common Pleas of Cumberland County is r to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTO1NEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE u Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 e Ea I-o/ xp W ejwI4 4w,' P-P nrNUn ?:,svrv?d IOU ED a0 11IJ Co. / - ??,- Jeffrey R. Vincett, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-5120 CIVIL TERM Patricia A. Vincett, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Divorce Complaint and Custody Complaint filed in the above captioned case upon Patricia A. Vincett, by certified mail, return receipt requested on September 26, 2003 addressed to: Patricia A. Vincett 300 Juniper Street Carlisle, PA 17013 and did thereafter receive same as evidenced by the attached Post Office receipt card dated September 30, 2003. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFI OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. TURO LAW OFFICES at Robe . Mulderi9, Es e 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Cr T- 1„ rlJ GM67`/5 Postage $ f 165 Postage $ ru ru C3 O (EndorReturn Race sement Ra,uired) O C3 Restdaed Delivery Fee (Endorsement Required) O .-7 Total Postage 6 Fees In rlf r9 O O h- 3 Postmark Here c Or"C C®cYl ?? a SENDER: 'm N ? Complete items tand/or 2 for additional services. Complete items 3, 4a, end 4b. I also wish to receive the follow. Ing SQNlces (for an extra fee P ? rint your name and address on the reverse of this form ao th card to you. ): at we can return this a ? Attach this form to the front of the mailpiece, or on the back if Permit. space does not 1 Addressee's Address 9 t„ = . ? Write 'Return Receipt Requested' on the mailpiece be 2?'estricted Delivery louv the articlenumber . o The Return Receipt will show to whom the article was deli d ? d N o ver delivered . e and the date . , `a «' d 3. Article Addressed to: 4a. Article Number a E $ t ( V J ?f L ? L L b Ser i a = 5 , : . v ce Type n ?y . , JC?b 7,j n I pe r 3tceL 0 Registered /6enified cc r I ?1 Q P A 1? 013 ? Express Mail ? Insured Return Receipt for Merchandise ? COD 7. Date of Delivery 5. a J nt ame) 9- 3? W F R. Addressee's Address (Only i/requested and lee is paid) Y _ e re(Add 6. 'see or Agent) TN -_ \ aI PS Form 3811, December 1994 ~??? 102595-9e-e-0223 Domestic Return Receipt n c C:+ ry C.:S r". rout r " ? ? `-+ z? <??y, . U?.?, f t._. _ ?' , <? ? J "'?> ?, i; j .- ?.• ? a7 -C NOV 0 3 2003 JEFFREY J. VINCETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW PATRICIA A. VINCETT, NO. 2003 - 5120 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this I; day of October, 2003, the conciliator being advised the parties have reached an agreement, the conciliator relinquishes jurisdiction. BY THE COURT, I Hubert X. Custody C w f +r' w:: i-11 -T-? c ern JEFFREY R. VINCETT, vs. PATRICIA A. VINCETT, Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. 03-5120 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW/ENTER APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Turo Law Offices of behalf of the Plaintiff, Jeffrey R. Vincett. Dated: Turo Law Offices 28 South Pitt "Sire Carlisle/P)Y 170) RONALD TURO Kindly enter my appearance on behalf of the Defendant, Jeffrey R. Vincett. Respectfully Submitted IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 Dated: ??rl l 4 io?0©? B1LC- J7 U? IRA H. WEINSTOCK Attorney I. D. No. 01602 CERTIFICATE OF SERVICE AND NOW, this day of April, 2006, I, Ira H. Weinstock, Esquire, attorney for Plaintiff, Jeffrey R. Vincett, hereby certify that I served the within PRAECIPE TO WITHDRAW/ENTER APPEARANCE this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: Harold S. Irwin, Esquire Irwin Law Office 64 South Pitt Street Carlisle, PA 17013 By: aA- (T IRA H. WEINSTOCK r_,. ?, _{ t =`i _'T i 4.`,. .? f_-` r7 IN THE COURT OF COMfSON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jeffrey R. Vincett Plaintiff VS. Patricia A. Vincett NO. 03-5120 XX MOTION FOR APPOI*1= T OF ;CASTER Jeffrey R. Vincett (Plaintiff) btX moves the court to appoint a master with respect to the following claims: ( x) Divorce (x ) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. his (2) The defendant (has) QGMXdJO appeared in the action Q }F%?$ (by KM attorney, Harold S. Irwin, III Esquire). (3) The staturory ground(s) for divorce (is) (xxx)c 52201(c) of the Divorce Code (4) Delete the inapplicable paragraph(s): MXXMVGXX i$T0WXXXK*X$ fS?X (?67jXXd???.f#XC)58i??1€XSMiILX?XdbF?6X?$C?X3i9b?C XKX X XdaXXM C (c) The action is contested with respect to the following claims: Equitable Distribution (5) The action IU990x (does not involve) complex issues of law or fact. (6) The hearing is expected to take one-day MtK44)1 (days). (7) Additional information, if any. relevant to the motion: Date May 23, 2006 is r Attorney for (Plaintiff) Ira H. Weinstock (cglt?? ORDER APPOINTING `ASTER AND NO ,19_, Esquire, appointed master with respect to the following claims: By the Court: J ? C P m , p. I " r All T r C'n -'•. to IN THE COURT OF COMMON PLEAS OF CL,0ERLAND COUNTY, ?L NSYLVANIA Jeffrey R. Vincett Plaintiff VS. Patricia A. Vincett go. 03-5120 71h MOTION FOR APPOIN=%MT OF PLASTER Jeffrey R. Vincett (Plaintiff) X3=X moves the court to appoint a master with respect to the following claims: ( x) Divorce (x ) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendants Lite C ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. his (2) The defendant (has) ObUXdbX3 appeared in the action O WX'% $ (by MEW, attorney, Harold S. Irwin, III Esquire). (3) The staturory ground(s) for divorce (is) (=0 (J?xxp4?axx3f3C4'o'bxxxx3?Fxx?de?€x?x (?ixx?dcx??t?xe6?asxx+xx?xxca?xx?x,3sxacx?5x: ?al?€?xdm?x?a?tx (c) The action is contested with respect to the following claims: Equitable Distribution or fact. does not 0 (6) The hearing is expected to take one-day 9 g$ (days). (7) Additional information, if any. relevant to the motion: Date: May 23, 2006 d1?0 (1. Lll_0_.vi.,.o'/t»f( Attorney for (Plaintiff) Ira H. Weinstock (jclt**UkM* AND N067 aiS ,lRjAGYXo, ?. (?u2t?? Esquire, is appointed mast r with respect to the following claims: A a rlJ? orb n Q C3 ? -T11 ITt '? 7V blNVAIAS IN3d 9Z :£ lid SZ IN 9002 311-U JO D: 1 , !% -Ci_ 11.! JEFFREY R. VINCETT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff, vs. No. 03-5120 Civil Term PATRICIA A. VINCETT, CIVIL ACTION - LAW Defendant. IN DIVORCE PETITION FOR EQUITABLE DISTRIBUTION AND NOW COMES, Jeffrey R. Vincett, Plaintiff, in the above-captioned matter, by and through his attorney, Ira H. Weinstock, Esquire, who petitions this Court for equitable distribution and, in support thereof, avers the following: COUNT ONE - EQUITABLE DISTRIBUTION 1. Plaintiff states that the Plaintiff and Defendant has acquired during the course of the marriage property, real and/or personal, which they own jointly or which were otherwise purchases so as to constitute marital property, which is subject to equitable distribution by the Court. WHEREFORE, Plaintiff requests that this Court to: (a) Order equitable distribution all property, personal and real, owned by the parties; and (b) Order such other relief as the Court may deem equitable and just. Respectfully Submitted IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 B y: d. L IRA H. WEINSTOCK Attorney I.D. No. 01602 COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF DAUPHIN ) I verify that the statements made in the attached PETITION FOR EQUITABLE DISTRIBUTION are true and correct. I understand that false statements herein are made subject to the penalties set forth in 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATED: k2-171 - d?0 R. VINCETT CERTIFICATE OF SERVICE AND NOW, this 27th day of December, 2006, I, Ira H. Weinstock, Esquire, attorney for Plaintiff, Jeffrey R. Vincett, hereby certify that I served the within PETITION FOR EQUITABLE DISTRIBUTION this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: Howard S. Irwin, III, Esquire Irwin & Bayley 64 South Pitt Street Carlisle, PA 17013 E. Robert Elicker, II, Divorce Master Cumberland County Courthouse Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 BY• t4 IRA H. WEINSTOCK ? Q V CA Sly D p 6 73 DEC 2 9 2006 JEFFREY R. VINCETT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff, vs. No. 03-5120 Civil Term PATRICIA A. VINCETT, CIVIL ACTION - LAW Defendant. IN DIVORCE ORDER 400 044660V AND NOW, this 400 day of 007, upon consideration of the 19 2 Petition for Equitable Distribution, it is hereby directed that a hoofing is'~wAy s?''°'•?°? fit *?he -.W-- day ef UL m. in o d Coijatg CMIt'fbQijSP nnP Crnirt 0, neP rllQ4 4 ? mii i® BY THE C J. ;"Ai :110 ?jf; '; ?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JEFFREY R. VINCETT, NO. 03-5120 Plaintiff, vs. PATRICIA A. VINCETT, CIVIL ACTION - LAW Defendant. IN DIVORCE INCOME AND EXPENSE STATEMENT Submitted by: Ira H. Weinstock, Esquire Attorney for: Plaintiff, Jeffrey R. Vincett Full Name of Client: Jeffrey R. Vincett Age: 43 Present Address of Client: 128 S. Hanover St., Apt. 1, Carlisle, PA, 17013 Home Telephone: 717-440-1990 Social Security No.: 179-60-5207 INCOME (a) Wages/Salary: Name of Employer: Roadway Express Employer's Address: 100 Roadway Drive, Carlisle, PA 17013 Job Title/Description: Dock Checker Length of Service with this Employer: 11 years Pay period (weekly, bi-weekly, monthly): weekly Gross Pay per Pay Period: $868.80 Payroll Deductions (per pay period): Federal Withholding $ 157.91 Social Security 53.87 Local Wage Tax State Income Tax State Unemployment Tax Savings Bond Pension/Profit Sharing Credit Union Life Insurance & Health Other FED MED Child/Spousal Support Total Payroll Deductions Per Pay Period: 8.69 26.67 .78 12.60 190.42 $ 450.94 Net Pay Per Pay Period $ 417.86 (b) OTHER INCOME (Fill in the appropriate column) Weekly Monthly Yearly Interest Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Comp. Workmen's Comp. Public Assistance Other Total Other Income TOTAL INCOME: (Net Pay + Other) $ 417.86 EXPENSES (Fill in appropriate column) Home: Rent Maintenance/association fee Utilities: Electric Gas Oil Water Sewer Trash Telephone Employment: Public Trans. Lunch Taxes: Real Estate Personal Prop. Income Insurance: Homeowners Automobile Life Accident Other Fuel Repairs Medical: Doctor Dentist Orthodontist Hospital Medicine Special needs (glasses, braces, etc.) WEEKLY 75.00 30.00 MONTHLY $ 300.00 78.51 65.97 63.65 286.21 YEARLY 88.00 453.00 200.00 Education: Private school Parochial school College Religious Personal: Clothing 370.00 Food 120.00 Barber/Hairdresser 90.00 Credit payments Credit Cards Charge account Memberships 35.00 Loans: Personal Loan 159.64 Student Loan Miscellaneous: Household help Home: Child care Papers/books/magazines Entertainment Pay TV/Cable/Internet 62.00 Vacation 600.00 Gifts Legal fees 1,675.00 Charitable contributions 75.00 Other child support Alimony payments Other: TOTAL EXPENSES $ 225.00 $ 1,050.98 $ 3,551.00 PROPERTY OWNED Description Value Ownership* (H W J) Checking Accounts: (Bank & Acct. No.) Sovereign (1691021768) $ 100.00 H Members' First (Unknown) Unknown W Savings Accounts: (Bank & Acct. No.) $ Credit Union Accoun ts: (Name & Acct. No.) $ Stocks/Bonds: (Type & Acct. No.) $ Real Estate: $ Other: 1998 Honda Civic $Unknown H Acura Integra $Unknown W Volkswagen Jetta $Unknown W Acura Type R $Unknown W Total Property: $ INSURANCE Company Policy No. Ownership* (HWC) Hospital Blue Cross Other Teamsters Health & H Welfare Fund Medical Blue Shield Other Health/Accident Disability Dental Other/Vision (*H = Husband; W = Wife; J = Joint; C = Child) CERTIFICATE OF SERVICE AND NOW this 8th day of February, 2007, I, Ira H. Weinstock, Esquire, attorney for the Plaintiff, Jeffrey R. Vincett, hereby certify that I served the within INCOME AND EXPENSE STATEMENT this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013 E. Robert Elicker, II, Divorce Master Office of the Divorce Master Cumberland County 9 North Hanover Street Carlisle, PA 17013 By: Ju, • C ZTY '? IRA H. WEINSTOCK r- :.3 ?„? -:r ?l .., `;?a ?..? ? _ , ,?,? r S .. ••°'j ?. -?? i, ?`;t ` s ..s;, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY R. VINCETT, Plaintiff, No. 03-5120 vs. Civil Action - Law PATRICIA A. VINCETT, In Divorce Defendant. PLAINTIFF'S PRETRIAL STATEMENT 1. ASSETS A. Marital: See Plaintiff's Inventory and Appraisement. B. Non-Marital: See Plaintiff's Inventory and Appraisement. II. EXPERT WITNESSES No expert witnesses are expected to be called at this time. III. NON-EXPERT WITNESSES Plaintiff. IV. EXHIBITS 1. Valuation of Plaintiff's Pension Fund. 2. Valuation of Defendant's Retirement, Pension and/or 401(k) Plan. This exhibit will be submitted as soon as it is obtained. 3. Plaintiff's Inventory and Appraisement. 4. Plaintiff's Income and Expense Statement. 5. Defendant's Inventory and Appraisement. 6. Defendant's Income and Expense Statement. Plaintiff reserves the right to submit additional exhibits for his case-in-chief and in rebuttal to Defendant's case. V. INCOME See Plaintiff's Income and Expense Statement. VI. EXPENSES See Plaintiff's Income and Expense Statement. VII. VALUE OF PENSION Documentation from the Central Pennsylvania Teamsters Pension Fund will be submitted. VIII. COUNSEL FEES Plaintiff submits that Defendant is not entitled to any counsel fees. IX. TANGIBLE PERSONAL PROPERTY See Plaintiff's Inventory and Appraisement Statement. X. MARITAL DEBTS See Plaintiff's Inventory and Appraisement Statement. XI. PROPOSED RESOLUTION OF ECONOMIC ISSUES In considering (a) the length of the marriage; (b) each party's age, health, station in life, amount and source of income, vocational skills, employability, estate, liabilities and needs; (c) the opportunity for either party to acquire assets or income in the future; (d) each party's sources of income, including medical, retirement, insurance or other benefits; (e) either party's contribution to the acquisition, preservation, appreciation of the property, either party's dissipation or activity in depreciation of an asset; (f) the 2 standard of living during the marriage; (g) each party's separate property; and (h) the economic circumstances of each party at the time of distribution, Plaintiff proposes as follows: (1) Each party shall retain their own pension accounts. Respectfully Submitted, IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: (717) 238-1657 Dated: a ' - VAC?- IRA H. WEINSTOCK CERTIFICATE OF SERVICE AND NOW this 8th day of February, 2007, I, Ira H. Weinstock, Esquire, attorney for the Plaintiff, Jeffrey R. Vincett, hereby certify that I served the within PLAINTIFF'S PRE-TRIAL STATEMENT this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013 E. Robert Elicker, II, Divorce Master Office of the Divorce Master Cumberland County 9 North Hanover Street Carlisle, PA 17013 By: YL? ? . UL, s .' J -U IRA H. WEINSTOCK c r° 1 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JEFFREY R. VINCETT, NO. 03-5120 Plaintiff, vs. PATRICIA A. VINCETT, CIVIL ACTION - LAW Defendant. IN DIVORCE INVENTORY AND APPRAISEMENT Plaintiff, Jeffrey R. Vincett, files the following Inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff, Jeffrey R. Vincett, verifies that the statements made in this Inventory are true and correct. Plaintiff, Jeffrey R. Vincett, understands that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: o? ASSETS OF THE PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. ( ) 1. Real property ( X) 2. Motor vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit ( X) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( ) 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits-severance pay, workman claim award ( ) 17. Profit-sharing plans ( X) 18. Pension plans (indicate employee contribution and date plan vests) ( ) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held ( ) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced. ITEM NO. DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS 2. Vehicles: (a) 1998 Honda Civic Jeffrey Vincett (b) Acura Integra Patricia Vincett (c) Volkswagen Jetta Patricia Vincett (d) Acrua Type R Patricia Vincett 5. Checking Accounts: (a) Sovereign Bank Jeffrey Vincett (b) Members' First Patricia Vincett 18. Pension Plans: (a) Central Penna. Teamsters Penna. Fund Jeffrey Vincett (b) Pension Fund with Giant Foods Patricia Vincett NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: ITEM NO. DESCRIPTION OF PROPERTY REASON FOR EXCLUSION Checking Account - Sovereign Bank Husband's Personal Account Checking Account - Members' First Wife's Personal Account LIABILITIES ITEM DESCRIPTION NAMES OF NAMES OF NUMBER OF PROPERTY ALL CREDITORS ALL DEBTORS 2. Vehicle - 1998 Sovereign Bank Jeffrey Vincett Honda Civic Master Card HSBC Bank Jeffrey Vincett (in collection) Personal Loan Sovereign Bank Jeffrey Vincett CERTIFICATE OF SERVICE AND NOW this 8th day of February, 2007, I, Ira H. Weinstock, Esquire, attorney for the Plaintiff, Jeffrey R. Vincett, hereby certify that I served the within INVENTORY AND APPRAISMENT this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013 E. Robert Elicker, II, Divorce Master Office of the Divorce Master Cumberland County 9 North Hanover Street Carlisle, PA 17013 By: ad. -" V-0 460e IRA H. WEINSTO K ? C) ?;. .-:a -? -,? -; _., pia _?. {?, ; :Y i l HAROLD S. IRU11N, III, ESQUIRE ATTORNEY ID NO. 20M 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 24344 ATTORNEY FOR DEFENDANT JEFFREY R. VINCETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2003 - 5120 CIVIL TERM PATRICIA A. VINCEIT, : Defendant : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you most take prompt action. You are warned that if you fail to do so, the case may proceed #thout you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief reg4ested 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 divprce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE 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 Carlisle, Pennsylvania 17013 717-249-3166 JEFFREY R. VINCETT, : IN THE COURT OF COMMON PLEAS OF Plalntw : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2003 - 5120 CIVIL TERM PATRICIA A. VINCETT, Defendant : IN DIVORCE COUNTERCLAIM IN DIVORCE PURSUANT TO SECTION 3301(!!) OF THE DIVORCE CODE NOW, comes the defendant, by her attorney, Harold S. Irwin, III, Esquire, and files this counterclaim in divorce against the plaintiff, representing as follows: 1. The plaintiff is JEFFREY R. VINCETT, an adult individual whose address is P.O. Box 987, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is PATRICIA A. VINCETT, an adult individual residing at 107 Sycamore Drive, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on September 22, 1990 in Mt. Holly Springs, Pennsylvania. COUNTI Divorce 5. Pursuant to the Divorce Code, Section 3301(d), the defendant avers as the grounds upon which this counterclaim is based that the marriage between the parties is irretrievably broken and that the parties hereto have lived separate and apart for a period of at least two years. The parties have lived separate and apart since September 22, 2003. WHEREFORE, the defendant demands judgment dissolving the marriage between the parties and for such further relief as your Honorable Court may deem equitable and just. COUNT 11 Alimony 7. Defendant hereby incorporates by reference the averments of her counterclaim, paragraphs one through six, inclusive, as if fully set forth herein at length. 8. Defendant does not have sufficient income or other resources to provide for her reasonable needs in accordance with the lifestyle established by the parties during their marriage. WHEREFORE, the defendant demands that the Court enter an award of alimony to her and from the plaintiff and such further relief as your Honorable Court may deem equitable and just. I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unswom falsification to authorities. March/k_, 2007 f )4fz!x f /V Pyl PATRICI& A. V NCETT, Defendant HAROLD S. IRWIN, II Attorney for plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 JEFFREY R. VINCETT, Plalntllff v. PATRICIA A. VINCETT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ZOOS - 5120 CIVIL TERM : IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter- affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. DEFENDANTS AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated about September 22, 2003, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that 1 may lose rights concerning alimony, division of property, lawyer'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. of 4904 relating to unsworn falsification to authorities. A 14114 March 4, 2007 P RICIA A. VINCETT, Defendant JEFFREY R. VINCETT, Plaintiff V. PATRICIA A. VINCETT, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 - 5720 CIVIL TERM : IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or (both): W The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (b) l wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. In understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If l fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. 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. Section 4904 relating to unsworn falsification to authorities. , 2007 JEFFREY R. VINCETT, Plaintiff NOTICIb If you do not wish to oppose the entry of a divorce decree and you do not wish to make a claim for economic relief, you need not file this counteraflidavlt. ? a ? ?°? ?. -? c ? ? ?.' `"''v ?s v ? ?, '?;- ? ?.?. `?` ;:? ?' R' ? ?` ?c JEFFREY R. VINCETT, Plaintiff, vs. PATRICIA A. VINCETT, Defendant. No. 2003 - 5120 Civil Term CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S COUNTERCLAIM IN DIVORCE PURSUANT TO SECTION 3301(d) OF THE DIVORCE CODE AND NOW COMES, Plaintiff, Jeffrey R. Vincett, by and through his attorneys, Ira H. Weinstock, Esquire, files this Answer to Defendant's Counterclaim in Divorce Pursuant to Section 3301(d) of the Divorce Code, and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. COUNTI Divorce 5. Admitted. 6. No number 6 exists in Counterclaim. COUNT II Alimony 7. Plaintiff hereby incorporates by reference his answers to Paragraphs 1 through 6 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. above. Denied. It is denied that Defendant does not have sufficient income or other resources to provide for her reasonable needs in accordance with the lifestyle established by the parties during their marriage. Respectfully Submitted IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 By:_JI-Ot'a w W-C?Jla IRA H. WEINSTOCK Attorney I.D. No. 01602 CERTIFICATE OF SERVICE AND NOW, this 28th day of March, 2007, I, Ira H. Weinstock, Esquire, attorney for Plaintiff, Jeffrey R. Vincett, hereby certify that I served the within ANSWER TO DEFENDANT'S COUNTERCLAIM IN DIVORCE PURSUANT TO SECTION 3301(d) OF THE DIVORCE CODE this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013 U By:_ 0'4'a-tt . IRA H. WEINSTOCK rrr? -T I -1 .. ..y l? ? 7 i`°i9 CY W JEFFREY R. VINCETT, Plaintiff VS. . PATRICIA A. VINCETT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 5120 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of? 2007, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on May 22, 2007, the date set for a pre-hearing conference, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, vI o Edgar B. Bayley, P. J. cc: ?Ira H. Weinstock Attorney for Plaintiff a ?flarold S. Irwin, III r Attorney for Defendant 1 ??` \' y. ?-. ?-?; U?= _ c? _- , ? Gt ? ? _r ... ? ' 4.-?- '; t i ?4.? - u° ' ?? £ ?i CN i ..? c -a JEFFREY R. VINCETT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03 - 5120 CIVIL PATRICIA A. VINCETT, Defendant IN DIVORCE THE MASTER: Today is Tuesday, May 22, 2007. This is the date set for a pre- hearing conference with counsel; however, counsel have chosen to bring the parties in today for the conference and the Master has been advised that the matter has been resolved by agreement of the parties which is going to be placed on the record. The action was commenced by the filing of a complaint in divorce on September 26, 2003. The complaint raised grounds for divorce of irretrievable breakdown of the marriage. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree signed by the parties today and will be filed by the Master's office with the Prothonotary. Therefore, the divorce can conclude under Section 3301(c) of the Domestic Relations Code. A petition was filed raising a claim for equitable distribution December 27, 2006. A counterclaim was filed on March 16, 2007, raising a claim by wife for alimony. No claims have been raised by either party for counsel fees and expenses. 1 r The parties were married on September 22, 1990, and separated September 26, 2003. There are two children of the marriage. The older child is emancipated; the younger child is residing with the wife. The Master has been advised, as previously noted, that the parties have reached an agreement with respect to the alimony and equitable distribution claims raised in the action. An agreement is going to be placed on record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Therefore, when the parties leave the hearing room today, they are bound by the terms of the agreement even though there is no signing of the agreement affirming the terms of settlement. However, the parties have indicated that they are going to return later this morning to review the draft of the agreement for typographical errors, make corrections as necessary, and affix their signatures affirming the terms of settlement as placed on the record. The agreement will be transmitted to the Court with a motion by the Master to vacate his appointment. Upon receipt of the order by the Court vacating the Master's appointment, counsel can file a praecipe transmitting the 2 record to the Court requesting a final decree in divorce. Mr. Irwin. MR. IRWIN: 1. Husband has a Teamster's pension which will be divided 55% to wife and 45% to husband. This division shall be represented by a QDRO to be prepared by wife's attorney and then entered as an order of Court. The QDRO will be prepared within sixty (60) days and divided as the date of separation of September 26, 2003. 2. The husband releases to wife any interest he may have in her pension. 3. Wife withdraws her counterclaim in divorce as well as her claim for alimony. 4. All other issues of property, real and personal, have been resolved and each party releases to the other any property now in their possession. 5. The parties understand that upon entry of the divorce decree all spousal support shall terminate and wife's attorney shall notify the Domestic Relations Office to terminate the order effective on the date of divorce. 6. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. 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. THE MASTER: Mr. Vincett, you heard the agreement as stated on the record? MR. VINCETT: Correct. 3 t THE MASTER: Do you have any questions about it? MR. VINCETT: No, sir. THE MASTER: Are you satisfied that this agreement can be entered into as a final disposition of all economic claims in the divorce action? MR. VINCETT: As long as we get it done in two weeks. THE heard the agreement MS. THE MS. THE entered as a final divorce action? MASTER: Okay. Ms. Vincett, you have as stated on the record? VINCETT: Yes. MASTER: Do you understand it? VINCETT: Yes. MASTER: Are you satisfied to have it agreement in resolving all issues in your MS. VINCETT: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to 4 the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: Ira H. Weinstock Attorney for Plaintiff DATE: s- 2i Harold Irwin, II Attorne for Defe dant Yatrici 5 JEFFREY R. VINCETT, Plaintiff V. PATRICIA A. VINCETT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2003 - 5120 CIVIL TERM : IN DIVORCE AFFDAVIT OF CONSENT G 9 c,, A complaint in divorce under Section 3301(dyof the Divorce Code was filed in this matter on or about September 26, 2003. Service of the complaint was made upon defendant on September 30, 2003 (see affidavit of service previously filed). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. May ZZ, 2007 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(0) OF THE DIVORCE CODE ? w 1. 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 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. Section 4904 relating to unsworn falsification to authorities. - I May ZZ 2007 ri? y C, (P JEFFREY R. VINCETT, Plaintiff V. PATRICIA A. VINCETT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2003 - 5120 CIVIL TERM : IN DIVORCE AFFDAVIT OF CONSENT 10 A complaint in divorce under Section 3301(4) of the Divorce Code was filed in this matter on or about September 26, 2003. Service of the complaint was made upon defendant on September 30, 2003 (see affidavit of service previously filed). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. May 2Z- , 2007 Y WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301( OF THE DIVORCE CODE 1. 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. 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. Section 4904 relating to unsworn falsification to authorities. r. MayZZ , 2007 r"4, I L 7} 4J 1 c'n ^? HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR DEFENDANT JEFFREY R. VINCETT, Plaintiff V. PATRICIA A. VINCETT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO 2003 - 5120 CIVIL TERM : 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 3301(c) of the Divorce Code. 2. Date and manner of service of the complain On or about September 30, 2003 defendant was served with a copy of the divorce complaint by U.S. Certified Mail (see Affidavit of Service previously filed). 3. Complete either paragraph (a) or (b): (a) Date of execution of consent requiredby Section 3301(c) of the Divorce Code: By the plaintiff: May 22, 200 By the defendant: May 22, 2001 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: N/A. 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A. (b) Date plaintiff's Waiver of Notice Fn Section 3301(c) divorce was filed with the Prothonotary: May 22, 2007 Date defendant's Waiver of Notice! in Section 3301(c) Divorce was filed with the Prothonotary: May 22, 2007' May 30, 2007 _ HAROLD S. IRWIN, III Attor ev for Defendant ca ca r', sr A-n -'c Ql Lt3 .-„( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY left STATE OF PENNA. JEFFREY R. VINCETT Plaintiff VERSUS PATRICIA A. VINCETT Defendant N0.2003 - 5120 CIVIL TERM DECREE IN DIVORCE off" ? ?? AND NOW, IT IS ORDERED AND DECREED THAT JEFFREY R. VINCETT PLAINTIFF, AND PATRICIA A. VINCETT 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 A J. r PROTHdNWrARY "'?"? ? y ?'d?lti Co ? - °l ? ? ? ? ,? .? ?O S ? HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 2434090 ATTORNEY FOR DEFENDANT JEFFREY R. VINCETT, : IN THE COURT OF COMMON PLEAS 0 !. ; _ Plaintiff :CUMBERLAND COUNTY, PENNSYLVN I/ _ c,? 5 if W V. : CIVIL ACTION - LAW : NO. 2003 - 5120 CIVIL TERM PATRICIA A. VINCETT Defendant : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER In accordance with the agreement of the parties, this order disposes of all or a portion of the Participant's benefit in the Central Pennsylvania Teamsters Retirement Income Plan 1987 (the "Plan"). 1. Participant Information Name: JEFFREY R. VINCETT Address: P.O. BOX 987 CARLISLE, PA 17013 Date of Birth: OCTOBER 3, 1963 * Social Security No.: 179 - 60 - 5207 2. Alternate Payee Information: Name: PATRICIA A. VINCETT Address: 107 SYCAMORE DRIVE MT. HOLLY, SPRINGS PA 17065 Date of Birth: Social Security No MAY 28, 1957 202-50-7414 3 Social Security numbers do not have to be included in the court order. However, they must be provided to the Fund Office in writing. r '3. Date of Marriage and Separation/Divorce: The Participant and the Alternate Payee were married on September 22, 1990, were separated on September 26, 2003, and were divorced on June 5, 2007. 4. Assignment of Benefit to Alternate Payee: The Alternate Payee is hereby assigned to a portion of the Participant's account balance under the Plan. The fund is to make the payment of the Alternate Payee's benefits directly to the Alternate Payee. 5. Method of Dividing Participant's Benefits: The Plan shall pay to the Alternative Payee a portion of the Participant's vested accrued benefit under the Plan. When identifying the benefits to be awarded to the Alternate Payee, the parties may designate either: (a) A specific dollar amount; (b) A percentage; or (c) An amount determined using a formula If either a percentage or formula is used, the parties must indicate a date as of which the percentage or formula is determined. Check one of the following options and complete the applicable blank, or select an alternative method that the Plan Administrator can calculate based on information that it possesses. ? The Alternate Payee shall receive or dollars ($ ). The Alternate Payee shall receive a benefit equal to 55% percent of the Participant's vested account balance as of September 26, 2003. If a date other than a Plan valuation date is chosen, the Fund will calculate the Alternate Payee's benefit using the Plan valuation date closest to the date selected by the Parties. or ? The benefit payable to the Alternate Payee shall be determined by multiplying percent of the Participant's vested accrued benefit by a fraction, the numerator of which is [the number of months from the date the Participant commenced participation in the Plan or the date of the parties' marriage, to the date of the parties' separation/divorce] and the denominator of which is [the number of months the Participant participated in the Plan until the date of the Participant's retirement or the date the Alternate Payee receives her benefit, if earlier] The fund shall separately account for the benefits awarded in this Section as soon as administratively possible after the Order is determined to be a qualified domestic relations order. If section 1.13 is elected, the Alternate Payee shall be credited with net income, loss or expense from the date set forth above until the date the Alternate Payee receives the awarded benefits. If either section 1.A or 1.C is elected, check one of the following options and complete the applicable blank. c, ? The Alternate Payee shall be credited with net income, loss or expense from the date this Order is determined to be a QDRO until the date the Alternate Payee receives the awarded benefits. or The Alternate Payee shall be credited with net income, loss or expense from September 26, 2003 until the date the Alternate Payee receives the awarded benefits. 6. Form of Payment: The Alternate Payee may elect to receive payment from the Plan in any form in which benefits may be paid under the Plan to the Participant (other than in the form of a joint and survivor annuity). 7. Beneficiary: The Alternate Payee may select a beneficiary to receive her benefits by filing a beneficiary designation form with the Fund Office. In the event the Alternate Payee should die prior to receiving all of the assigned benefits, the Plan shall pay the benefits to the beneficiary selected by the Alternate Payee on a beneficiary form provided by the Fund Office, or if no beneficiary is selected, to the Alternate Payee's estate. 8. Date of Payment: The Alternate Payee may elect to receive payment from the Plan at the Participant's earliest retirement age, or, if earlier, at the earliest date permitted under the Plan. For purposes of this paragraph, the Participant's earliest retirement age means the earlier of: (a) the date on which the Participant is entitled to a distribution under the plan; or (b) the later of either (i) the date the Participant attains age 50; or (ii) the earliest date on which the Participant could begin receiving benefits under the Plan if the Participant separated from service. Generally, the Participant's earliest retirement age is 57. However, a Participant with 20 Years of Service may separate from service and receive benefits at age 55. A Participant with 30 Years of Service may separate from service and retire at any age. 9. Construction: This Order is not intended, and shall not be construed in such a manner as, to require the Plan Administrator: (a) to provide any form of benefit option not otherwise provided under the terms of the plan; (b) to require the Plan to provide increased benefits determined on the basis of actuarial value; or (c) to require the payment of any benefits to the Alternate Payee under another order which previously was deemed to be a Qualified Domestic Relations Order. 10. Federal Tax Reporting: For federal income tax purposes, the Alternate Payee and not the Participant shall be treated as the distributee of all benefits made by the Plan to the Alternate Payee pursuant to this order. The Fund will issue a Form 1099-R to the Alternate Payee with respect to each calendar year in which the Alternate Payee receives benefits and will report such income to the IRS under the Alternate Payee's name and Social Security Number. 11. Continued Jurisdiction: The Court shall retain jurisdiction over this matter to amend the order if necessary to establish or maintain it qualification as a Qualified Domestic Relations Order under applicable law. 12. Qualification: The Order is intended to constitute a qualified domestic relations order within the meaning of section 414(p) of the Internal Revenue Code of 1986 as amended, and section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. So ORDERED, this day of _m/f KGB)/ Judge _ A. AA OtA Participant - Jeffrey R. Vincett ,? Attorney for Participant Ira H. Weinstock, Esq. 800 North Second Street, Ste 100 Harr'sburg, PA 17102 n_ Mr? V'??i ?SI110 Harold S. Irwin, III, Esq. 64 South Pitt Street Carlisle, PA 17013 ?N HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR DEFENDANT JEFFREY R. VINCETT, Plaintiff V. PATRICIA A. VINCETT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2003 - 5120 CIVIL TERM : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER In accordance with the agreement of the parties, this order disposes of the Participant's pension benefit in the Central Pennsylvania Teamsters Defined Benefit Plan. 1 2 Participant Information Name: JEFFREY R. VINCETT Address: P. O. BOX 987 CARLISLE, PA 17013 Date of Birth: OCTOBER 3, 1963 * Social Security No.: 179 - 60 - 5207 The Participant is not currently receiving a monthly pension from the Central Pennsylvania Teamsters defined Benefit Plan (the "Plan°). Alternate Payee Information: Name: PATRICIA A. VINCETT Date of Birth: MAY 28,1957_ Social Security No.: 202 -50- 7414 Address: 107 SYCAMORE DRIVE MT. HOLLY SPRINGS, PA 17065 Social Security numbers do not have to be included in the court order. However, they must be provided to the Fund Office in writing. +3. Date of Marriage and Divorce (if applicable): The Participant and the Alternate Payee were married on September 21, 1990 and were granted a divorce on June 5, 2007. 4. Assignment of Benefit to Alternate Payee: The Alternate Payee is hereby assigned to a portion of the Participant's vested accrued benefit. The fund is to make the payment of the Alternate Payee's benefits directly to the Alternate Payee. 5. Form of Benefit: Check Box A or Box B. ? The Alternate Payee is entitled to a separate interest. This means that she will be entitled to an annuity for life, with a guarantee that three years of payments will be made to her (or her beneficiary, if she dies prior to receiving 36 months monthly payments). The Death of the Participant will not have an effect on the Alternate Payee's receipt of benefits. ? The Alternate Payee is entitled to a shared interest. This means that she will receive a portion of each monthly payment to which the Participant is entitled. Generally, the Alternate Payee only will be entitled to receive her benefits as, if, and when the Participant elects to receive his benefits. However, the Alternate Payee will be entitled to receive her benefits at the Participant's "earliest retirement age" if the parties elect the form of benefit in this order. In a shared interest, the Alternate Payee's benefits stop on the death of the Participant. However, under this order, unless the parties select Box 1 below, the Alternate Payee will be treated as the Participant's surviving spouse so that, even though she loses the shared interest (by operation of law), on the Participant's death she will be entitled to a monthly benefit equal to a percentage (see Box 2 below) of the Participant's accrued vested monthly benefit. The parties must select one of the following options if they selected a shared interest. ? The Alternate Payee's benefits will commence (if at all) as, if, and when the Participants' benefits commence. or ? The Alternate Payee may elect to receive her benefits at any time after the Participant's "earliest retirement age" and the Participant must elect to receive his benefits in the following form if the Alternate Payee has not predeceased him as of the date of his election. ? a. a joint and fifty percent survivor annuity or ? b. a joint and one hundred percent survivor annuity 6. Formula for Determining Alternate Payee's Benefit: Please determine the amount that is payable to the Alternate Payee. Check the Applicable Box and complete the applicable blank. ? The Alternate Payee shall be entitled to $ per month or ? The Alternate Payee shall be entitled to percent of the Participant's monthly benefit. or The Alternate Payee shall be entitled to 55 percent of the Participant's monthly benefit that accrued from the date of the marriage to September 26, 2003, the date of separation. If the Participant elects to receive the "Combined Minimum Monthly Benefit" or the "Rule of 82 to 85" Benefit, it is assumed that the Alternate Payee is entitled to the subsidized portion of the monthly benefit (if any), but not entitled to the portion of the benefit, if any, that is attributable to amounts the Participant transferred from the Central Pennsylvania Teamsters Retirement Income Plan 1987 or the Retirement Income Plan 2000. The Parties must specifically provide to the contrary in the order if that is not the parties' intentions. If the Participant is eligible for the Rule of 82 to 85 Benefit, or the CMMB, and the parties have provided for the percentage of the monthly benefit to be paid to the Alternate Payee, the Alternate Payee's monthly benefit will be increased effective as of the date of the Participant elects to receive Rule of 82-85 benefit. 7. Commencement of Payments to the Alternate Payee: If the parties elected a separate interest for the Alternate Payee, the Alternate Payee may elect to receive her benefits at any time after the Participant's "earliest retirement age" within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended. If the parties elected a shared interest, and selected box 1 in Section 5B, then the Alternate Payee's benefits will commence (if at all) when the Participant's benefits commence. If the parties elected a shared interest, and selected Box 2 in Section 513, then the Alternate Payee may elect to receive her benefits at any time after the Participant's "earliest retirement age" within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended. 8. Death of the Alternate Payee: If the Alternate Payee dies prior to date her benefits are to commence, the portion of the benefit assigned to the alternate Payee by this order will revert to the Participant. The remainder of this page intentionally left blank. • ' 1 So ORDERED, this /99V day of /?/12C.I7 PI articipant - Jeffrey R. Vincett Attorney for Participant `l Ira H. Weinstock, Esq. 800 North Second Street, Ste 100 Hartisburq, PA 17102 Payee = Attorney for V Harold S. Irwin, III, Esq. 64 South Pitt Street Carlisle, PA 17013 Judge E;'VA.co? Z-- g%&-c..`w L/ Vincett ? iP?a? 11 C? Ib` D? TR ,} C ?r z? ? p-k HAROLD C IRt+l K 114 ESQUIRE ATTORNEY ID NO. 29020 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 2434MM ATTORNEY FOR DEFENDANT JEFFREY R. VINCETT, Plaintiilt V. PATRICIA A. VINCETT, Deftwdant 1 IN THE COURT OF COMMON PLEAD OF 1 CUMBERLAND COUNTY, PENNSYLVANIA I = CIVIL ACTION - LAW r NO. 2003 -- 0120 CIVIL TERM I IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER In accordance with the agreement of the parties, this order disposes of the Participant's pension benefit in the Central Pennsylvania Teamsters Defined Benefit Plan. 1 _ Participant Information Name: JEFFREY R. VINCETT Address: P. 0. BOX 887 CARLISLE. PA 17013 Date of Birth: OCTOBER 3, 1963 * Social Security No.: air-I& 5207 The Participant Is not currently receiving a monthly pension from the Central Pennsylvania Teamsters defined Benefit Plan (the "Plan"). 2. Alternate Payee Infonna#ion: Name: PATRICIA A. VINCETT Address: 107 SYCAMORE DRIVE. MT. HOLLY SPRINGS. PA 17065 Date of Birth: MAY 28, 1957 'Social Security No.: 202 - 50 - 7414 F F- i . Social Secwrity numbers do not have to be included in the court order. However, they must be provided to the Fund Office in writing. - 3. Date of Marriage and Divorce (if applicable): The Participant and the Alternate Payee were married on September 21, 1990 and were granted a divorce on June 5, 2007. 4. Assignment of Benefit to Alternate Payee: The Alternate Payee is hereby assigned to a portion of the Participant's vested accrued benefit. The fund is to make the payment of the Alternate Payee's benefits directly to the Alternate Payee. 5. Form of Benefit: Check Box A or Box B. The Alternate Payee Is entitled to a separate interest. This means that she will be entitled to an annuity for life, with a guarantee that three years of payments will be made to her (or her beneficiary, if she dies prior to receiving 36 months monthly payments). The Death of the Participant will not have an effect on the Alternate Payee's receipt of benettts. ? The Alternate Payee is entitled to a shared interest. This means that she*will receive a portion of each monthly payment to which the Participant is entitled. Generally, the Alternate Payee only w01 be entitled to receive her benefits as, if, and when the Participant elects to receive his benefits. However, the Alternate Payee will be entitled to receive her benefits at the Participant's "earllest retirement age" if the parties elect the form of benefit in this order. In a shared interest, the Alternate Payee's benefits stop on the death of the Participant. However, under this order, Mak" the parties select Sox 1 below, the Alternate Payee will be treated as the Participant's surviving spouse so that, even though she loses the shared interest (by operation of law), on the Participant's death she will be entitled to a monthly benefit equal to a percentage (see Box 2 below) of the Participant's accrued vested monthly benefit. The parties must select one of the following options If they selected a shared interest. ? The Alternate Payee's benefits will commence (if at all) as, if, and when the Participants' benefits commence. or ? The Alternate Payee may elect to receive her benefits at any time after the Participant's "earliest retirement age" and the Participant must elect to receive his benefits in the following form if the Alternate Payee has not predeceased him as of the date of his election. ? a. a joint and fifty percent survivor annuity or ? b. a joint and one hundred percent survivor annuity 6. Formula for Determining Alternate Payee's Benefit: Please determine the amount thet Is payable to the Alternate Payee. Check the Applicable Box and complete the applicable blank. So ORDERED, this 0G day of 201 v Is Judge v k l PI n rtici Ofint - Jeffrey R. Vincett Attorney for Participant ? Ira H. Weinstock, Esq. 800 North Second Street, Ste 100 Harrisburg, PA 17102 l E o' ?? is / ' .{ „r Alt Payee - Patricia A. Vincett Attorney for Rite ate Paye V Harold S. Irwin, III, 64 South Pitt Street Carlisle, PA 17013 r r S IRWIN LAW OFFICE 64 SOUTH PITT STREET HAROLD S. IRWIN, I I I CARLISLE, PENNSYLVANIA 17013 717-243-6090 PHONE www. irwinlawoffice. com 717-243-9200 e-mail: irwinlawoffice@gmail.com FACSIMILE January 20, 2012 PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQ CARLISLE PA 17013 RE: Vincett v. Vincett No. 2002--S2W QDRO Dear Sir or Madam: Enclosed are an original and two copies of a proposed QDRO in this matter. Please forward to the Court for entry of the Order. Thank you for your cooperation in this matter Very tyuly yours, S.