HomeMy WebLinkAbout01-6839JENNIFER L. GRIMES,
Plaintiff
JOSEPH D. GRIMES,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF
PENNSYLVANIA
NO. 2001-6839
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, John C. Porter, counsel for Defendant hereby certify ~hat a copy of Defendant's
Response To The September 9, 2004, Pule To Show Cause, was served upon Plaintiff's
Attorney at his Office at 17 West South Street, Carlisle, Pa. 17013, this ___24th__ day of
September, 2004, by facsimile and first-class mail, postage prepaid.
John C. Porter, Esq.
Pa Sup. Ct. ID# 90152
Stephanie E. Chertok, R.N., Esq.
61 West Louther Street
Carlisle, Pennsylvania 17013
717-249-1177
JENNIFER L. GRIMES,
Plaintiff
V.
JOSEPH D. GRIMES,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-/,,o3~ CIVIL TERM
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 divome 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 Court House, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY 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 YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
JENNIFER L. GRIMES,
Plaintiff
V.
JOSEPH D. GRIMES,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001- ~ CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
COMPLAINT UNDER SECTIONS 3301(C) AND
3301(D) OF THE DIVORCE CODE
1. Plaintiff is Jennifer L. Grimes, an adult individual who currently resides at 285
Shed Road, Newville, Cumberland County, Pennsylvania.
2. Defendant is Joseph D. Grimes, an adult individual who currently resides at 45
East Main Street, Plainfield, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of
Pennsylvania for at least six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on May 7, 1994, in Cumberland
County, Pennsylvania.
COUNT I - DIVORCE
5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above.
6. There have been no prior actions of divorce or for annulment between the parties
as to their current marriage.
7. Neither Plaintiff nor Defendant is in the Ai-J~xed Forces of the United States.
8. Plaintiff avers that the marriage between the parties is irretrievably broken.
9. The Plaintiff has been advised of the availability of counseling and that she may
have the right to request that the court require the parties to participate in counseling.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in
divorce.
COUNT II - EQUITABLE DISTRIBUTION
10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above.
11. The parties have acquired automobiles, bank accounts, home furnishings and
other items of miscellaneous property during the course of their marriage, some of which is
marital property.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree
which effects an equitable distribution of marital property.
Respectfully submitted,
~J~O'BRIEN' BARIC & SCHERF,~,/~//~ ~la.~
David A. Baric, Esquire
I.D. # 44853
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
dab.dir/domestic/grimes/complaint, pld
VERIFICATION
I verify that the statements made in the foregoing Complaint 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.
Jennifer L. Grimes
JENNIFER L. GRIMES,
Plaintiff
V.
JOSEPH D. GRIMES,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6839 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE/CUSTODY
AND NOW, this [ ~. day of_~[.~, 2002, the attached Stipulation and
Agreement is hereby made an Order of Court ~~atter are hereby vacated.
JENNIFER L. GRIMES,
Plaintiff
JOSEPH D. GRIMES,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6839 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE/CUSTODY
CUSTODY STIPULATION AND AGREEMENi.
THIS AGREEMENT AND STIPULATION, entered into the day and year hereinafter set
forth, by and between Jennifer L. Grimes, (hereinafter referred to as "Mother") and Joseph D.
Grimes, (hereinafter referred to as "Father").
WHEREAS, the parties are the natural parents of Tiffany Marie Grimes, born August 20,
1996 and Hunter Daniel Grimes, born September 7, 1998, (hereinafter referred to as "children"); and,
WHEREAS, the parties are presently separated and living in separate residences; and,
WHEREAS, the parties wish to enter into an Agreement relative to the custody and partial
custody of the children; and,
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements
as hereinafter set forth, the parties agree as follows:
1. The parties will have shared legal custody of the children.
2. The Mother will have primary physical custody of the children.
3. The Father will have partial physical custody of the children as follows:
a. Every other weekend from Friday night until Sunday
at 5:00 p.m.
b. At such other times as the parties may agree.
c. Father shall be responsible for transportation of the children necessary to
exercise his partial physical custody including returning the children to
Mother.
4. The parties will keep each other advised immediately in the event of serious illness
or medical emergency concerning the children and shall further take any necessary steps to ensure
that the health and well being of the children is protected. During such illness or medical
emergency, both parties shall have the right to visit the child as often as he or she desires consistent
with the proper medical care of the children.
5. Neither parent shall do anything which may estrange the child from the other party,
or injure the opinion of the children as to the other party, or which may hamper the free and natural
development of the children's love or affection for the other party.
6. Any modification or waiver of any of the provisions of this Agreement shall be
effective only if made in writing and only if executed with the same formality as this Stipulation and
Agreement.
7. The parties desire that this Stipulation and Agreement be made an Order of Court to
the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of
Common Pleas of Cumberland County does, in fact have jurisdiction over the issue of custody of
the parties' minor children and shall retain such jurisdiction should circumstances change and either
party desire or require modification of said Order.
8. The parties agree that in making this Agreement, there has been no fraud,
concealment, overreaching, coercion, or other unfair dealing on the part of the other.
9. The parties acknowledge that they have read and understand the provisions of this
Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the
result of any duress or undue influence.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms
hereof, set forth their hands and seals the day and year herein mentioned.
WITNESS:
DATE:_ O(o -c~/-- 0,=52./
DATE:
JENNIFER L. GRIMES,
Plaintiff
JOSEPH D. GRIMES,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6839 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF
SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODY;
I. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
December 3,2001.
2. Defendant acknowledges receipt and accepts service of the Complaint on
December 12, 2001.
3. The marriage of the Plaintiff and Defendant is in:etrievably broken and ninety
days have elapsed from the date of the filing of the Complaint.
4. I consent to the entry of a final decree in divorce without notice.
5. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses ifI do not claim them before a divorce is granted.
6. 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.
7. I have been advised of the availability of marriage counseling and understand that
I may request that the court require counseling. I do not request that the court require counseling.
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.
Date: .. ~,..~/G_~ cJ~ / JosephD. Grimes .... ~ ·
JENNIFER L. GRIMES, :
Plaintiff :
V. :
.-
JOSEPH D. ORIMES, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6839 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
THIS
AGREEMENT,
made
this
day of ,20 by and
between Jennifer L. Grimes, hereinafter referred to as "Wife", and Joseph D. Grimes, hereinafter
referred to as "Husband."
WlTNESSETH:
WHEREAS, the parties are Husband and Wife who were married on May 7, 1994; and,
WHEREAS, Wife has instituted divorce proceedings in the Court of Common Pleas of
Cumberland County to No. 2001-6839 Civil Term by complainI filed on December 3, 2001; and,
WHEREAS, differences have arisen between the parties. The parties are therefore
desirous of settling fully and finally their respective financial and property rights and obligations
as between each other, including without limitation: the ownership and equitable distribution of
all property owned by the parties; spousal support, alimony and alimony pendente lite; and in
general the settling of any and all claims or possible claims of tine against the other or against
their respective estates; and,
WHEREAS, each party is fully familiar with all of the property owned by the parties
and each party acknowledges having sufficient opportunity to investigate and evaluate the
property owned by the parties, and both parties now desire to settle and determine his and her
property rights and claims under the Divorce Code.
NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth and
for other good and valuable consideration, receipt of which is hereby acknowledged by each of
the parties hereto, the parties, intending to be legally bound hereby, do covenant and agree as
follows:
1. DIVORCE. The parties agree to the entry of a Decree in Divorce pursuant to
Section 3301(c) of the Divorce Code. Both parties shall execute and file the requisite Consents
and Waivers with the Court upon the written request of either party. Wife's attorney shall file the
Pmecipe to Transmit the record and obtain a Decree in Divome without delay. Should either
party do anything to delay or deny the entry of such a Decree, or fail to do anything required to
obtain the Divorce Decree in breach of this Agreement, the other party may, at his or her option,
declare this Agreement null and void.
2. EFFECT. This Agreement and all warranties and representations contained
herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with
its terms. No Court may change the terms of this Agreement, ~nd it shall be binding and
inclusive upon the parties. An action may be brought at law or equity to enforce this Agreement
by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other
cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain in
full force and effect in the absence ora written agreement signed by the parties expressly stating
that this Agreement has been revoked or modified.
3. ADVICE OF COUNSEL. Husband is represented by Stephanie Chertok,
Esquire and he has been advised of his respective rights, privileges, duties and obligations
relative to the parties' property rights and interests under the Divorce Code and regarding
alimony and spousal support. Wife is represented by David A. Baric, Esquire, and she has been
advised of her respective rights, privileges, duties and obligations relative to the parties' property
rights and interests under the Divorce Code and regarding alimony and spousal support.
Husband and Wife acknowledge that each of them has read this Agreement and understands his
and her rights and responsibilities under this Agreement, that he and she have executed this
Agreement under no compulsion to do so but as a voluntary act, being apprised of its
consequences.
4. TANGIBLE PERSONAL PROPERTY. Husband and Wife jointly own the
following vehicles: 1995 Chevrolet pickup truck and a 1989 Chevrolet Blazer. Immediately
upon the execution of this Agreement, the parties shall divide ail vehicles by agreement and
retitle the vehicles into individual names. Aside from the foregoing, the parties will divide
between them to their mutual satisfaction all items of tangible personal property which had
heretofore been used by them in common. Each party will execute any and all documents
necessary to effectuate the transfer of ownership of any items of personal property titled in both
names as set forth above. Each party shall hereafter be solely liable for debts secured by any new
or replacement vehicles and shall indemnify the other from any and all claims associated with
said debt.
3
5. OTHER PROPERTY DISTRIBUTION PRO,VISIONS
A. REAL ESTATE: The marital residence is located at 45 East Main Street,
Plainfield, Cumberland County, Pennsylvania. Husband will use his best efforts to refinance the
marital residence before June 1, 2003 in his name alone. At thc; time of refinancing, Wife shall
tender to Husband a special warranty deed granting and conveying all of her interest in 45 East
Main Street, Plainfield, and upon the date of such refinancing, Wife shall relinquish full and
exclusive possession of the property. Until the refinancing ha.,; been accomplished, Husband
shall pay any mortgage payments, accrued taxes, insurance or maintenance expenses.
Contemporaneously with the refinancing, Husband and Wife shall convey a portion of the land at
45 East Main Street to Glenn and Marcella Young in accordance with a separate Agreement
executed by the parties hereto and Glenn and Marcella Young. In the event Husband has not
accomplished the refinancing by June 1, 2003, the parties shall list the property for sale with a
licensed realtor at a sales price agreed to by the parties. The usual and customary costs
associated with the sale shall be paid from the sale proceeds, the existing mortgage liens of M&T
Bank will be paid from the proceeds and any other joint debt of the parties which at the time of
the sale is a lien (excepting any of the debts referenced on Exhibit "A") against the property shall
be paid from the sale and any remaining proceeds or losses shall be paid equally by the parties~
If Husband is successful in refinancing the property before June 1, 2003, Husband shall
use his best efforts to remain owner and in possession of the property for a period of five (5)
years from the date of refinancing. In the event Husband sells the property within said five (5)
year period, and contemporaneously or within two (2) years from the date of sale purchases
4
another propen'y, or transfers a beneficial ownership interest in the property to any person (other
than a subsequent spouse of Husband), Wife shall be entitled to one-half of the net proceeds from
the sale of the property.
B. RETIREMENT BENEFITS: Husband has earned and established a
401(k) Plan. Husband shall pay Wife the sm of seven thousand nine hundred forty-one dollars
and seventy-five cents ($7,941.75) from his retirement plan. Wife shall be responsible for any
taxes or penalties applicable to the payment of this sum to Wife.
In no event shall either party be entitled to claim any an~ounts or property other than as
set forth herein.
6. DEBTS AND OBLIGATIONS. Each party shall be solely responsible for the
debts listed on Exhibit "A" after the execution of this Agreement.
7. LIFE INSURANCE. Each party agrees that the other party shall have sole
ownership of any insurance policies owned by the other party. Each party shall have the right to
borrow, cash in policies, change beneficiaries, and exercise any other incidents of ownership of
their respective policies free of any right or claim by the other party. Each party agrees to sign
any documents necessary to transfer ownership in such policies to the respective party who
presently owns such policies.
8. TAX EXEMPTIONS. Husband shall have the right to claim as dependents, for a
period of three (3) years beginning with tax year 2002, the two children of the parties as
dependents provided, however, that in the event Wife's annual income exceeds that of Husband
during any of these tax years, then the right to claim the children as dependents shall be Wife's.
The right to claim the dependent exemption shall be reviewed armually with the parties
exchanging W-2 information prior to March 1 of each year during the three year period. Wife
will execute a Form 8332 each year that Husband will be claiming the exemption. For each year
Husband claims the exemption, Wife shall be paid by Husband by May 15th of each year the
amount of tax she would have save as a single tax payer based upon her W-2 information times
the applicable tax rate. If Husband fails to pay, Husband shall no longer be permitted to claim
the children and Wife may pursue collection of the debt owed with Husband paying the
reasonable attorney fees and costs of Wife in recovering the debt owed.
9. INDEMNIFICATION. Both parties covenant, warrant, represent and agree that
each will now and at all times hereafter save and keep each other indemnified against all debts,
charges, or liabilities incurred by the other after the execution of this Agreement, except as may
be otherwise specifically provided for by the terms of this Agreement and neither of them shall
hereafter incur any liability whatsoever for which the Estate of the other may be liable. Each
party further agrees to indemnify and save and hold harmless the other from any and all liabilities
he or she may incur upon the obligations of or assumed by the other, which indemnification as to
all provisions of this Agreement shall include the right to recover out of pocket expenses and
reasonable attorney's fees actually incurred.
10. EQUITABLE AGREEMENT. Both parties agree that the herein above set forth
Agreement constitutes an equitable distribution of their marital property and equitable resolution
of all other economic claims pursuant to the provisions of the Divorce Code and each party
irrevocably waives, releases, and remises any claim to ownerslfip of or interest in any property
designated as the property of the other by virtue of the provisions of this Agreement except as
otherwise may be provided pursuant to the provisions of this Agreement.
11. MUTUAL RELEASES. Husband and Wife do hereby mutually release, remise,
quitclaim and forever discharge the other and the estate of the other from any and all claims
either party has now, ever may have or can at any time have against the other or the other party's
estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of
the other party, arising by way of widower's right or under the Intestate Law, arising by any right
to take against the Will of the other party, arising out of the Divome Code, Act No. 26 of 1980,
as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a
right to spousal support or arising from anything of any nature whatsoever, excepting only those
rights accorded to the parties under this Agreement.
12. BREACH. If either party to this Agreement resorts to a lawsuit or other legal
action pursuant to the provisions of the Divorce Code or otherwise to enforce the provisions of
this Agreement, the successful party shall be entitled to recover his or her reasonable attorney
fees, actually incurred, from the other as part of the judgment entered in such legal action,
whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the
same shall be determined by the Court.
13. COMPLETE DISCLOSURE. The parties dc, hereby warrant, represent and
declare and do acknowledge and agree that each is and has been fully and completely informed of
and is familiar with and is cognizant of the wealth, real and/or personal property, estate and
assets, earnings and income of the other and that each has made a full and complete disclosure to
the other of his or her entire assets and liabilities and any further enumeration or statement
thereof in this Agreement is specifically waived.
7
14. ENTIRE AGREEMENT. This Agreement cortstitutes the entire understanding
of the parties. There are no covenants, conditions, representations or agreements, written or oral,
of any nature whatsoever, other than those herein contained.
15. MODIFICATION. This Agreement is subject to modification only by a
subsequent legal writing signed by both parties. It shall be construed according to the laws of the
Commonwealth of Pennsylvania.
16. AGREEMENT BINDING ON HEIRS. This Agreement shall bind and inure to
the benefit of the parties hereto and their respective heirs, execntors, administrators, successors
and assigns.
17. CONTRACT INTERPRETATION. For purposes of contract interpretation and
for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement
was reviewed jointly by their respective counsel.
18. SEVERABILITY AND INDEPENDENT COVENANTS. The parties agree
that each separate obligation contained in this Agreement shall be deemed to be a separate and
independent covenant and agreement. If any term, condition, clause or provision of this
Agreement shall be determined or declared to be void or invalid in law or otherwise, then only
that term, condition, clause or provision shall be stricken from this Agreement, and in all other
respects this Agreement shall be valid and continue in full force and effect.
19. COSTS AND ATTORNEYS' FEES. Neither party shall reimburse the other for
any court costs or filing fees associated with this ease, and each party shall be responsible to pay
his or her own attorneys' fees.
8
20. LAW AND JURISDICTION APPLICABLE. This Agreemem shall be
construed in accordance with the laws of the Commonwealth of Pennsylvania.
21. OTHER DOCUMENTATION. The parties agxee that they shall, upon written
request from either party execute any and all written instruments or documents required to
effectuate the terms of this Agreement.
22. RELEASE OF SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY.
The parties do hereby waive, release and give up any rights they may respectively have against
the other for alimony, alimony pendentc lite, spousal support or maintenance. Each shall
maintain their own respective policies of health insurance as each deems appropriate.
WHEREFORE, thc parties intending to be legally bound hereby, execute this Agreement
the date first written above.
/, ,/
nnifer~. Grimes
///~/joS~ph D. CmI~ - ' ~.
dab.dir/domestic/grimes/settlement3.agr
JENNIFER L. GRIMES
Debt:
EXHIBIT "A"
Dedicated
Capital One
State Farm Insurance (car and renters)
AT&T
daycare
life insurance
JOSEPH D. GRIMES
Debt:
day care
State Farm Insurance (car and homeowners)
M & TBank
JOSEPH D. GRIMES
Debt:
MBNA America
Sears
Bank of America
Citi Bank
Monthly Payment:
$305.00
$ 82.00
$ 45.58
$ 32.OO
$300.00
$ 19.63
Monthly Payment:
$300.O0
$ 87.58
$260.64
Balance:
$7,943.05
$ 809.59
$6,847.56
$1,000.00
JENNIFER L. GRIMES,
Plaintiff
V.
JOSEPH D. GRIMES,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6839 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, David A. Baric, Esquire, attorney for the Plaintiff in the above-captioned divorce
action, do hereby certify that I served a certified copy o£the Complaint in Divorce to the
Defendant, as per the attached U.S. Postal Service Certified Mail, return receipt c~
q~BRIEN, BARIC & SCHERI
David A. Baric, Esquira
DATE: July 17, 2003
~SENDER:
r3 Compi®te items 1 and/or 2 for additionar semice$.
delivered.
3. Article .~Gi~ed to:
6. Signature (Addre. s,qeegtr Agen~t - '
-- PS form 3~11, December 19'~
I .also wish to receive the follow-
i~,g services (for an extra fee):
1 ,~j Addressee's Address
2. ~l[Restricted Delivery
4a. Article Number
fOs~oh i). GrimE-$ ?Oqq 3400 bOIg4qqta .5044 ~
4b. Service Type
EaSt Fltfin St'rgezt' []Registered ~Certlfied
I F'I Express Mail '~] Insured 'i
JENNIFER L. GRIMES,
Plaintiff
JOSEPH D. GRIMES,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6839 CIVIL TERM
CIVIL ACTION-LAW
1N DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on
December 3, 2001.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety
days have elapsed from the date of the filing of the Complaint.
3. I consent to the entry of a final decree in divorce without notice.
4. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses ifI do not claim them before a divorce is granted.
5. 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.
6. I have been advised of the availability of marriage counseling and understand that
I may request that the court require counseling. I do not request that the court require
counseling.
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.
Jennifer L. Grimes
JENNIFER L. GRIMES,
Plaintiff
JOSEPH D. GRIMES,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6839 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:
code.
2. Date and manner of service of the complaint:
certified mail-restricted delivery on December 12, 2001.
Ground for divorce: irretrievable breakdown under Section 3301 (c) of the divorce
Service upon the Defendant via
3. (Complete either paragraph (a) or (b).)
(a) Date of execution of the affidavit of consent required under Section 3301 (c) of the
divorce code: by the plaintiff July 17, 2003
by the defendant June 29, 2003
Date of execution of the plaintiffs affidavit required by Section 3301 (d) of
N/A
(b) (1)
the divorce code
Date of service of the plaintiffs affidavit upon the defendant
N/A
(2)
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 in Section 3301 (c) divorce was filed with the
Prothonotary: July 17, 2003
Date defendant's waiver of notice in Section 3301(c) divorce was filed with
the Prothonotary: July 11, 2003 ~F-~ ~ AT/~ ~ ~ /~
David A. Baric, Esquire
Attorney for Plaintiff, Jennifer L. Grimes
IN THE COURT OF COMIMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
JENNIFER L. GRIMES
Plaintiff
VERSUS
JOSEPH D. GRIMES
Defendant
N O. 2001-6839 CIVIL
AND NOW,
DECREED THAT
AND
DECREE IN
DIVORCE
JENNIFER L. GRIMES
JOSEPH D. GRIMES
, IT IS ORDERED AND
, PLAINTIFF,
, 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; ~UII~I~
THE PARTIES MARITAL SETTLEMENT AGREEMENT DATED MARCH 5, 2003
IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT.
PROTHONOTARY
JENNIFER L. GRIMES,
Plaintiff
V.
JOSEPH D. GRIMES,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO 2001 - 6839 CIVIL TERM
: CIVIL ACTION - LAW
: IN CUSTODY
PETITION TO MODIFY CUSTODY
1. Plaintiff is Jennifer L. Grimes, who currently resides at 285 Shed Road, Newville,
Cumberland County~ Pennsylvania, 17241.
2. Defendant is Joseph D. Grimes, who currently resides at 45 E. Main Street, Plainfield,
Cumberland County, Pennsylvania, 17081.
3. A custody istipulation and agreement was previously filed under this docket number.
Defendant seeks a modification and additional periods of custody with the following children:
~ DOB
Tiffany Marie Grimes 8/20/96
Hunter Daniel Grimes 9/7/98
285 Shed Road, Newville, Pa.
285 Shed Road, Newville, Pa.
The children Were bom in wedlock.
Father and mother currently share legal custody of the children and Mother has primary
physical custody of the children.
During the past five years, the child has resided with the following persons and at the
following addresses:
NAME
Jennifer L. Grimes
Joseph D. Grimes
Jennifer L. Grimes
Christian Ickes
ADDRESSES
285 Shed Road
Newville, Pa.
285 Shed Road
Newville, Pa.
DATES
birth - 6/8/01
approx. 6/8/01 - present
The mother of the child is: Jennifer L. Grimes, currently living at 285 Shed Road,
Newville, Pa.
She is divorced.
The father of the children is: Joseph D. Grimes, currently residing at: 45 E. Main Street,
Plainfield, Pa.
He is married to: Traci Grimes.
4. The relationship of plaintiff to the children is that of MOTHER. The persons that the
Plaintiff currently resides with are: Christian Ickes.
5. The relationship of defendant to the children is that of FATHER. The defendant
currently resides are: Traci Grimes and Shawn Struber, Traci Grimes' son.
6. Petitioner has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court.
Petitioner has no information of a custody proceeding concerning the child pending in a
court of this Commonwealth.
Petitioner does not know of a party to the proceedings who has physical custody of the
child or anyone who claims to have custody or visitation rights with respect to the child.
7. The best interest and permanent welfare of the child will be served by granting the
relief requested because: It would benefit the children to have additional times with father
because currently his visits are limited to every other weekend
8. 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.
WHEREFORE, Father requests the court to grant custody of the child and enter their
agreement as an Order of Court.
Respectfully submitted,
sthdams, s~'~quire
· 79465
Pitt Street
, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
VERIFICATION
I veri~y that the statements made in this Complaint are true and correct. I understand that
false statements herei~ are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
JENNIFER L. GRIMES :
PLAINTIFF :
V.
~OSEPH D. GRI/vIE$
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUN'I~(, PENNSYLVANIA
01-6839
CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Friday, November 14, 2003 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before _Jaequeline M. Verney, Esq. , the conciliator,
at 4thFloor, Cumberland County Courthouse, Carlisle on Wednesday, Deeemberl0,2003 at 1:30 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in disputel or
if this cannot be accomplished, to def'me and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and ali 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/
facqueline M. Verney. Esq,
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law 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 befbre the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE TItlS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE q[TIE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
JENNIFER L. GRIMES,
Plaintiff
V.
JOSEPH D. GRIMES,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY', PENNSYLVANIA
:
: NO 2001 - 6839 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN CUSTODY
AFFIDAVIT OF SERVICE
AND NOW, this November 26, 2003, I, Jane Adams, Esquire, hereby certify that
on or about November 21, 2003, a certified true copy of the ORDER SETTING A CUSTODY
CONCILIATION was served, via certified mail, return receipt requested, addressed to:
Jennifer Grimes
285 Shed Road
Newville, Pa. 17241
DEFENDANT
Respectfully ' :
// J~,fle AdanSs, Esquire
( ~.D. No. 79465
·-J 36 South Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
· Cor~lplete items 1, 2, and 3. Aisc complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so t.hat we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
B. Receiyed by ( Printed Name)
[] Agent
[] Addressee
· Date of Delivery
D. Is delivery address different from item 17
If YES, enter delivery address below: [] No
3. Service Type
~ Cerlified Mail I-] Express Mail
[] Registered -- E] Return Receipt for Merchandise
i--I Insured Mail [] C.O.D.
4, Restricted Delivery? (,Extra Fee) [] Yes
PS Form 3811, August 2001 Domestic Return Receipt
102595-02-M-1035
UNITED STATES POSTAL SERVICE
First-Class Mail
Postage & Fees.Paid
USPS
PermitNo. G-10
· Sender: Please print your name, ac~dress, and ZIP+4 in this box ®
~, c. h,,lli,,,llh,,,,,Ih,lh,,Ih,,hh,hh h hhh,hh,h,hl
JENNIFER L. GRIMES,
Plaintiff
V.
JOSEPH D. GRIMES,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6839 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this _b_'~ day of ~,~ ,2003, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The prior Order of Court dated July 16, 2002 is hereby vacated.
2. The Father, Joseph D. Grimes, and the Mother, Jennifer L. Grimes, shall
have shared legal custody of Tiffany Marie Grimes, born August 20, 1996 and Hunter
Daniel Grimes, bom September 7, 1998. Each parent shall have an equal right, to be
exemised jointly with the other parent, to make all major non-emergency decisions
affecting the Children's general well-being including, but not limited to, all decisions
regarding their health, education and religion.
3. Mother shall have primary physical custody of the children.
4. Father shall have periods of partial physical custody as follows:
A. Alternating weekends from Friday at 5:00 p.m. to Stmday at 6:00 p.m.
B. Every Tuesday evening from 5:00 p.m. to 8:00 p.m.
C. Such other times as the parties agree.
5. During the summer, Father shall be entitled to one full week in June, July
and August, subject however that Father provides notice to Mother of exercising his
weeks by May 15 of every year. In the event that the children do not react well to the
first week in June, Mother may retum to Conciliation. In no event will Mother
unilaterally deny the successive weeks unless the Conciliation Conference has occurred.
6. Mother shall have physical custody of the Children on Mother's Day from
9:00 a.m. to 8:00 p.m. Father shall have physical custody of the Children on Father's
Day from 9:00 a.m. to 8:00 p.m.
7. On Thanksgiving Day, Father shall always have physical custody of the
Children from 9:00 a.m. to 4:00 p.m.
8. On Easter Sunday, Father shall always have physical custody of the
Children from 2:00 p.m. to 8:00 p.m.
9. In even numbered years, Father shall have physical custody of the
Children from 8:00 p.m. Christmas Eve to 1:00 p.m. Christmas Day. In odd numbered
years, Father shall have physical custody of the Children from 11:00 a.m. to 4:00 p.m.
Except that for 2003, Father shall have the Children from 11:00 p.m. to 5:00 p.m. and if
Father is not working on December 26, he shall be entitled to physical custody from 9:00
a.m. to 5:00 p.m.
10. The Holiday schedules shall supercede the alternating weekend and
weekly schedule.
11. Father shall provide all transportation.
12. This Order is entered pursuant to an agreement of the parties at a Custody
Conciliation Conference. The parties may modify the provisions of this Order by mutual
consent. In the absence of mutual consent, the terms of this Order shall control.
Edgar B. Bayley,'~
cc: Jane Adams, Esquire, Counsel for Father
Ruby D. Weeks, Esquire, Counsel for Mother
,cC,
JENNIFER L. GRIMES,
Plaintiff
V.
JOSEPH D. GRIMES,
Defendant
DEC
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: 2001-6839 CIVIL TERM
:
: CIVIL ACTION - LAW
:
: IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley, J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Children who are the subject of
this litigation is as follows:
NAME
Tiffany Marie Grimes
Hunter Daniel Grimes
DATE OF BIRTH
August 20, 1996
September 7, 1998
CURRENTLY 1N CUSTODY OF
Mother
Mother
2. A Conciliation Conference was held in this matter on December 10, 2003,
with the following individuals in attendance: The Father, Joseph D. Grimes, with his
counsel, Jane Adams, Esquire and the Mother, Jennifer L. Grimes, with her counsel,
Rudy D. Weeks, Esquire.
3. The Honorable Edgar B. Bayley entered an Order of Court dated July 16,
2002 by stipulation of the parties. The Order provided for shared legal and primary
physical custody in Mother.
4. The parties agreed to the entry of an Order in the form as attached.
Date
~cqu .~ M...V. emey, Esquire
~usto yd Conciliator
JENNIFER L. GRIMES,
Plaintiff
JOSEPH D. GRIMES,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6839 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
MOTION TO ENFORCE MARITAL SETTLEMENT AGREEMENi'
AND NOW, comes the Plaintiff, Jennifer L. Grimes, by and through her attorneys,
O'Brien, Baric & Scherer and respectfully represents as follows:
1. The parties in this matter entered into a Marital Settlement Agreement dated
March 5, 2003.
2. On or about January 8, 2004, undersigned counsel forwarded to counsel for the
Defendant correspondence and a draft Qualified Domestic Relations Order As Stipulated By The
Parties. A copy of said correspondence and draft Qualified Domestic Relations Order As
Stipulated By The Parties is incorporated herein as Exhibit "A."
3. No response was received from counsel for the Defendant.
4. On or about May 4, 2004, undersigned counsel sent a facsimile to the attorney for
the Defendant requesting that she provide him with comments regarding the draft Qualified
Domestic Relations Order As Stipulated By the Parties.
5. To date, no response has been received by undersigned counsel.
6. The March 5, 2003 Marital Settlement Agreement contained a Breach provisions
whereby the Plaintiff is entitled to recover her attorney fees if legal action must be undertaken to
enforce provisions of the Marital Settlement Agreement. A copy of said Marital Settlement
Agreement is attached hereto and incorporated herein as Exhibit "B."
WHEREFORE, undersigned counsel respectfully requests that this Honorable Court find
the Defendant in violation of the March 5, 2003 Marital Settlement Agreement and:
cause the Defendant to approve the Qualified Domestic Relations Order
As Stipulated By The Parties; and,
b. force the Defendant to pay attorney fees incurred by the Plaintiff.
Respectfully submitted,
EN, BAR~ & SCI~I~ER
David A. Baric, Esquire
I.D. 4485:3
19 West :South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
dab.dir/domestic/grimes/enforcement, mot
Robert L. O'Brien
David A. Baric
Michael A. Scherer
raw Offces
O'BRIEN, BARIC & $CItERER
! ? West South Street
Carlisle, Penrr~ylvania 1 ?015- $452
January 8, 2004
(717) 249-6873
Fax (717) 2494755
direct., dbaric~obsla~:com
Stephanie Chertok, Esquire
61 West Louther Street
Carlisle, Pennsylvania 17013
RE: ~Cn'imes v. Grimes
Dear Ms. Chertok:
Enclosed for your review find the Order of Court and Qualified Domestic Relations Order
As Stipulated By The Parties that I have drafted in this matter. Please let me know if the QDRO
is acceptable at your earliest convenience.
DAB/jl
Enc.
cc: ,~lemfife~Gfimes w/Enc.
dab'dir/domestic/grimes/chertokl 6.1tr
Very truly yours,
~O'BRIEN, BARIC & ,~dER
David A. Baric, Esquire
EXHIBIT "A"
JENNIFER L. GRIMES,
Plaintiff
JOSEPH D. GRIMES,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6839 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
ORDER OF COURT
AND NOW, this _ day of _, 2004, the attached Qualified
Domestic Relations Order As Stipulated By The Parties is hereby approved as a Qualified
Domestic Relations Order.
BY THE COURT,
David A. Baric, Esquire,
O'Brien, Bade & Scherer
17 West South Street
Carlisle, Pennsylvania 17013
Stephanie Chertok, Esquire
61 West Louther Street
Carlisle, pennsylvania 17013
JENNIFER L. GRIMES,
Plaintiff
JOSEPH D. GRIMES,
Defendant
IN THE COUP, T OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6839 CIVIL TERM
CIVIL ACTION~LAW
IN DIVORCE
QUALIFIED DOMESTIC RELATI[ONS ORDER
--AS STIPULATED BY THE PARTIES
THIS MATTER having come before the court on
, upon Motion
of David A. Baric, Esquire, Attorney for the Plaintiff, Jennifi~r L. Grimes, and the court having
considered the pleadings filed and the court having directed in an Order entered by the Court on
July 29, 2003, that a Qualified Domestic Relations.Order be entered distributing to Plaintiff, her
share of Defendant's Wilson Paving Retirement Plan (# 29) ~md for good cause shown:
IT IS on this. day of ., 2004:
ORDERED that:
1. This Order is intended to be a "Qualified Domestic Relations Order" as defined in
Section 414 (p) of the Internal Revenue Code of 1986, relating to the provision of child support,
alimony payment so marital property rights. This Order is intended to recognize and create the
right of Jennifer L. Grimes (the "Alternate P " ·
ayee ) to receive a portion of the vested benefits
payable with respect to Joseph D. Grimes (the "Participant") trader the Wilson Paving
Retirement Plan (# 29) (the "Plan").
2. The full name, last known mailing address a~ad social security number of the
Participant are as follows:
Joseph D. Grimes
Address:
S.S.#:
45 East Main Street, Plainfield, Pennsylvania 17078
177-62-3215
Date of Birth: June 18, 1973
3. The full name, last known mailing address, social security number and date of
birth of the Alternate Payee are as follows:
Name;
Jenni~rL. Gfimes
Address:
S.S. #:
285 Shed Road, Newville, Pennsylvania 17241
192-68-2333
Date of Birth: April 6, 1974
4. The name of the Plan to which this Order applies, and the Sponsoring Employer
and Plan Administrator of the Plan are as follows:
Name of Plan: Wilson Paving Retirement Plan (#29)
Sponsoring Employer: Wilson Paving, Inc.
Plan Administrator: Invesmart Participant Account Management System
5. The amount of the Participant's benefits to be paid by the Plan to the Alternate
Payee, the manner in which such benefits are to be paid, and the number of payments or period to
which this Order applies are as follows:
An amount equal to $7,941.75 of the Participant's vested benefits under the Plan,
segregated from the Participant's account as of the date of the Order attached this Qualified
Domestic Relations Order As Stipulated By The Parties, shall be distributed in one lump sum
payment to the Alternate Payee as soon as practicable following the date of this Order, such
payment to represent the provision of child support, alimony payments or marital property rights
of Alternate Payee. Such payment shall reflect the account's earning experience until the date of
distribution. All subaccounts will be apportioned on a pro rata basis.
Alternate Pa ee's Death. To the extent permitted by the Plan, Section 414(p)
of the Code and Section 206 (d) of ERISA, the Alternate Payee may designate a beneficiary to
receive payment of the Alternate Payee's remaining interest in the plan, if any upon the Alternate
Payee's death, provided, however, that once the Alternate Payee's interest has commenced to be
paid to the Alternate Payee, the form of benefit elected by the Alternate Payee shall determine
whether any amounts are owed upon the Alternate Payee's death. Any such beneficiary
designation shall be made without regard to any designation by the Participant of a beneficiary
with respect to the Participant's interest. If the Alternate Payee fails to designate a beneficiary to
receive payment of the Alternate Payee's remaining interest in the Plan, if any, upon the
Alternate Payee's death, such amount shall be paid to the Alternate Payee's estate.
~ The assignment of benefits to the Alternate Payee pursuant
to the domestic relations order shall not be reduced, abated or terminated as a result of the death
of the Participant. Upon the Participant's death, the Alternate Payee will not be entitled to any
survivor benefits attributable to the Participant's benefits under the Plan unless the Participant
designates the Alternate Payee as a beneficiary in accordance with the terms of the Plan.
6. Nothing in this Order shall be construed to require (i) the Plan to provide any type
or form of benefit, or any option, not otherwise provided trader the Plan; (ii) the Plan to provide
increased benefits, or (iii) the payment of benefits to the Alternate Payee which are required to be
paid to any other Alternate Payee under any other order determined to be a qualified domestic
relations order.
7. A certified copy of this Order shall be promptly submitted by the Participant or his
counsel to the Plan Administrator of the Plan.
Stephanie E. Chertok, Esquire
61 West Louther Street
Carlisle, Pennsylvania 17013
(717) 249-1177
David A. Baric, Esquire
O'Brien, Baric & Scherer
17 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Defendant,
Joseph D. Grimes
.Attorney for Plaintiff,
Jennifer L. Grimes
dab.dir/domestic/grimes/qd ro. mot
Robert L. O'Brien
David/1. Baric
Michael ~t. Scherer
Law Offices
O'BRIEN, B/iRIC & SCHERER
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Fax (717} 249-5755
E-mail: obs~obslaw, com
DATE: May 4, 2004
FAX COVER SHEET
TO: Stephanie Chertok, Esquire
FAX NUMBER: (717) 249-4514
FROM: David Baric, Esquire
RE: Jennifer Grimes v. Joseph Grimes
PAGES FOLLOWING THIS SHEET: 6
MESSAGE:
Attached find a copy of the letter dated January 8, 2004 along with a copy
of the Order of Court and Qualified Domestic Relations Order I previously
forwarded to you for your review. Please review the QDRO and let me
know if yeu have any questions or changes as soon as possible.
IF YOU DO NOT RECEIVE ALL PAGES CLEARLY, PLEASE CALL (717) 249-6873.
The information contained in this facsimile is transmitted by an attorney. It is privileged and confidential,
intended only for the use of the individual or entity named above. If the reader of this message is not the
intended recipient, you are hereby notified that any dissemination, distribution or copying of the
communication is strictly prohibited. If this communication has been received in error, please immediately
notify us by telephone, collect if necessary, and return the original message to us at the above address via
the United States Postal Service (we will reimburse postage). Thank you.
dab.dirldomesticlgrimeslchertok3.fax
JENNIFER L. GRIMES,
Plaintiff
JOSEPH D. GRIMES,
Defendant
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6839 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
MARITAL SETTLEMENT AGiREEMENT
~' ~r~' ~C~/ ,2001, by and
THIS AGREEMENT, made this _ day of
between Jennifer L. Grimes, hereinafter referred to as "Wife", and Joseph D. Grimes, hereinafter
referred to as "Husband."
WITNESSETH:
WHEREAS, the parties are Husband and Wife who were married on May 7, 1994; and,
WHEREAS, Wife has instituted divorce proceedings., in the Court of Common Pleas of
Cumberland County to No. 2001-6839 Civil Term by complaint filed on December 3,2001; and,
WHEREAS, differences have arisen between the panSes. The parties are therefore
desirous of settling fully and finally their respective financial and property rights and obligations
as between each other, including without limitation: the ownership and equitable distribution of
all property owned by the parties; spousal support, alimony az~d alimony pendente lite; and in
general the settling of any and all claims or possible claims of one against the other or against
their respective estates; and,
1
EXHIBIT "B"
WHEREAS, each party is fully familiar with all of the property owned by the parties
and each party acknowledges having sufficient opportunity to investigate and evaluate the
property owned by the parties, and both parties now desire to settle and determine his and her
property rights and claims under the Divorce Code.
NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth and
for other good and valuable consideration, receipt of which i:5 hereby acknowledged by each of
the parties hereto, the parties, intending to be legally bound hereby, do covenant and agree as
follows:
1. DIVORCE. The parties agree to the entry of a Decree in Divome pursuant to
Section 3301(c) of the Divorce Code. Both parties shall execute and file the requisite Consents
and Waivers with the Court upon the written request of either party. Wife's attorney shall file the
Praecipe to Transmit the record and obtain a Decree in Divorce without delay. Should either
party do anything to delay or deny the entry of such a Decree, or fail to do anything required to
obtain the Divorce Decree in breach of this Agreement, the other party may, at his or her option,
declare this Agreement null and void.
2. EFFECT. This Agreement and all warranties .and representations contained
herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with
its terms. No Court may change the terms of this Agreement, and it shall be binding and
inclusive upon the parties. An action may be brought at law or equity to enforce this Agreement
by either Husband or Wife. In the event ora reconciliation, attempted reconciliation or other
cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain in
2
full force and effect in the absence of a written agreement signed by the parties expressly stating
that this Agreement has been revoked or modified.
3. ADVICE OF COUNSEL. Husband is represented by Stephanie Chertok,
Esquire and he has been advised of his respective rights, privileges, duties and obligations
relative to the parties' property, rights and interests under the Divome Code and regarding
alimony and spousal support. Wife is represented by David A. Baric, Esquire, and she has been
advised of her respective rights, privileges, duties and obligations relative to the parties' property
rights and interests under the Divorce Code and regarding alimony and spousal support.
Husband and Wife acknowledge that each of them has read this Agreement and understands his
and her rights and responsibilities under this Agreement, that he and she have executed this
Agreement under no compulsion to do so but as a voluntary act, being apprised of its
consequences.
4. TANGIBLE PERSONAL PROPERTY. Husband and Wife jointly own the
following vehicles: 1995 Chevrolet pickup truck and a 1989 Chevmlet Blazer. Immediately
upon the execution of this Agreement, the parties shall divide all vehicles by agreement and
retitle the vehicles into individual names. Aside from the foregoing, the parties will divide
between them to their mutual satisfaction all items of tangible personal property which had
heretofore been used by them in common. Each party will exe. cute any and all documents
necessary to effectuate the transfer of ownership of any items of personal property titled in both
names as set forth above. Each party shall hereafter be solely liable for debts secured by any new
or replacement vehicles and shall indemnify the other from an), and all claims associated with
said d.ebt.
3
5. OTHER PROPERTY DISTRIBUTION PROVISIONS
A. REAL ESTATE: The marital residence is located at 45 East Main Street,
Plainfield, Cumberland County, Pennsylvania. Husband will use his best efforts to refinance the
marital residence before June 1, 2003 in his name alone. Al: the time of refinancing, Wife shall
tender to Husband a special warranty deed granting and conveying all of her interest in 45 East
Main Street, Plainfield, and upon the date of such refinancing, Wife shall relinquish full and
exclusive possession of the property. Until the refinancing has been accomplished, Husband
shall pay any mortgage payments, accrued taxes, insurance or maintenance expenses.
Contemporaneously with the refinancing, Husband and Wife: shall convey a portion of the land at
45 East Main Street to Glenn and Mamella Young in accordance with a separate Agreement
executed by the parties hereto and Glenn and Mam~lla Young. In the event Husband has not
accomplished the refinancing by June 1, 2003, the parties shail list the property for sale with a
licensed realtor at a sales price agreed to by the parties. The Iasual and customary costs
associated with the sale shall be paid from the sale proceeds, 'the existing mortgage liens of M&T
Bank will be paid from the proceeds and any other joint debt of the parties which at the time of
the sale is a lien (excepting any of the debts referenced on Exhibit "A') against the property shall
be paid from the sale and any remaining proceeds or losses shall be paid equally by the parties;
If Husband is successful in refinancing the property before June 1, 2003, Husband shall
use his best efforts to remain owner and in possession of the property for a period of five (5)
years from the date of refinancing. In the event Husband sells the property within said five (5)
year period, and contemporaneously or within two (2) years from the date of sale purchases
4
another property, or lxansfers a beneficial ownership interest in the property to any person (other
than a sul~sequent spouse of Husband), Wife shall be entitled to one-half of the net proceeds from
the sale of the property.
B. RETIREMENT BENEFITS: Husband has earned and established a
401(k) Plan. Husband shall pay Wife the sum of seven thousand nine hundred forty-one dollars
and seventy-five cents ($7,941.75) from his retirement plan. Wife shall be responsible for any
taxes or penalties applicable to the payment of this sum to Wife.
In no event shall either party be entitled to claim any amounts or property other than as
set forth herein.
6. DEBTS AND OBLIGATIONS. Each party shall be solely responsible for the
debts listed on Exhibit "A" after the execution of this Agreement.
7. LIFE INSURANCE. Each party agrees that the other party shall have sole
ownership of any insurance policies owned by the other pretty. Each party shall have the right to
borrow, cash in policies, change beneficiaries, and exercise any other incidents of ownership of
their respective policies free of any right or claim by the other party. Each party agrees to sign
any documents necessary to transfer ownership in such policies to the respective party who
presently owns such policies.
8. TAX EXEMPTIONS. Husband shall have the right to claim as dependents, for a
period of three (3) years beginning with tax year 2002, the l~vo children of the parties as
dependents provided, however, that in the event Wife's annual income exceeds that of Husband
during any of these tax years, then the right to claim the children as dependents shall be Wife's.
The right to claim the dependent exemption shall be reviewed annually with the parties
exchanging W-2 information prior to March I of each year during the three year period. Wife
will execute a Form 8332 eachyear that Husband willbe claiming the exemption. For eachyear
Husband claims the exemption, Wife shall be paid by Husband by May 15th of each year the
amount of tax she would have save as a single tax payer based upon her W-2 information times
the applicable tax rate. If Husband fails to pay, Husband shall no longer be permitted to claim
the children and Wife may pursue collection of the debt owed with Husband paying the
reasonable attorney fees and costs of Wife in recovering th,: debt owed.
9. INDEMNIFICATION. Both parties covenant, warrant, represent and agree that
each will now and at all times hereafter save and keep each other indemnified against all debts,
charges, or liabilities incurred by the other after the execution of this Agreement, except as may
be otherwise specifically provided for by the terms of this Agreement and neither nf them shall
hereafter incur any liability whatsoever for which the Estate of the other may be liable. Each
party further agrees to indemnify and save and hold harmless the other from any and ali liabilities
he or she may incur upon the obligations of or assumed by the other, which indemnification as to
all provisions of this Agreement shall include the right to recover out of pocket expenses and
reasonable attorney's fees actually incurred.
10. EQUITABLE AGREEMENT. Both parties agree that the herein above set forth
Agreement constitutes an equitable distribution of their marital property and equitable resolution
of all other economic claims pursuant to the provisions of the Divorce Code and each party
irrevocably waives, releases, and remises any claim to ownership of or interest in any property
designated as the property of the other by virtue of the provisions of this Agreement except as
otherwise may be provided pursuant to the provisions of this Agreement.
6
11. MUTUAL RELEASES. Husband and Wif~ do hereby mutually release, remise,
quitclaim and forever discharge the other and the estate of the other from any and all claims
either party has now, ever may have or can at any time haw.· against the other or the other party's
estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of
the other party, arising by way of widower's right or under 'the Intestate Law, arising by any right
to take against the Will of the other party, arising out of the Divorce Code, Act No. 26 of 1980,
as amended, including, alimony~ alimony pendente lite, counsel fees and expenses, arising as a
right to spousal support or arising from anything of any nature whatsoever, excepting only those
rights accorded to the parties under this Agreement.
12. BREACH. If either party to this Agreement resorts to a lawsuit or other legal
action pursuant to the provisions of the Divorce Code or otherwise to enforce the provisions of
this Agreement, the successful party shall be entitled to recover his or her reasonable attorney
fees, actually incurred, from the other as part of the judgment entered in such legal action,
whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the
same shall be determined by the Court.
13. COMPLETE DISCLOSURE. The parties do hereby warrant, represent and
declare and do acknowledge and agree that each is and has been fully and completely informed of
and is familiar with and is cognizant of the wealth, real ani[/or personal property, estate and
assets, earnings and income of the other and that each has made a full and complete disclosure to
the other of his or her entire assets and liabilities and any fiarther enumeration or statement
thereof in this Agreement is specifically waived.
7
14. ENTIRE AGREEMENT. This Agreement: constitutes the entire understanding
of the parties. There are no covenants, conditions, representations or agreements, written or oral,
of any nature whatsoever, other than those herein contained.
15. MODIFICATION. This Agreement is subject to modification only by a
subsequent legal writing signed by both parties. It shall be construed according to the laws of the
Commonwealth of Pennsylvania.
16. AGREEMENT BINDING ON HEIRS. Tihis Agreement shall bind and inure to
the benefit of the parties hereto and their respective heirs, executors, administrators, successors
and assigns.
17. CONTRACT INTERPRETATION. For purposes of contract interpretation and
for the purpose of resolving any ambiguity herein, Husbandi and Wife agree that this Agreement
was reviewed jointly by their respective counsel.
18. SEVERABILITY AND INDEPENDENT COVENANTS. The parties agree
that each separate obligation contained in this Agreement shall be deemed to be a separate and
independent covenant and agreement. If any term, condition, clause or provision of this
Agreement shall be determined or declared to be void or invalid in law or otherwise, then only
that term, condition, clause or provision shall be stricken from this Agreement, and in all other
respects this Agreement shall be valid and continue in full furce and effect.
19. COSTS AND ATTORNEYS' FEES. Neither party shall reimburse the other for
any court costs or filing fees associated with this case, and each party shall be responsible to pay
his or her own attorneys' fees.
20. LAW AND JURISDICTION APPLICABLE. This Agreement shall be
construed in accordance w/th the laws of the Commonwealth of Pennsylvania.
21. OTHER DOCUMENTATION. The parties agree that they shall, upon written
request from either party execute any and all written instrmnents or documents required to
effectuate the terms of this A~eement.
22. RELEASE OF SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY.
The parties do hereby waive, release and give up any rights they may respectively have against
the other for alimony, alimony pendente lite, spousal support or maintenance. Each shall
maintain their own respective policies of health insurance ~ each deems appropriate.
WHEREFORE, the parties intending to be legally bound hereby, execute this Agreement
the date first written above.
/' /
da b.dir/domestic/grimes/settlem ent3.agr
JENNIFER L. GRIMES
Debt:
EXHIBIT "A"
Dedicated
Capital One
State Farm Insurance (car and renters)
AT&T
daycare
life insurance
JOSEPH D. GRIMES
Debt:
day care
State Farm Insurance (car and homeowners)
M &TBank
JOSEPH D. GRIMES'
Debt:
MBNA America
Sears
Bank of America
Citi Bank
Monthly Payment:
$305.00
$ 82.00
$ 45.58
$ 32.00
$300.00
$ 19.63
Monthly Payment:
$300.00
$ 87.58
$260.64
Balance:
$7,943 .O5
$ 809.59
$6,847.56
$1,000.00
CERTIFICATE OF SERVICE
I hereby certify that on September ~-~ , 2004, I, David A. Baric, Esquire of O'Brien, Baric
& Scherer, did serve a copy of the Motion To Enforce Marital Settlement Agreement, by first class
U.S. mail, postage prepaid, to the party listed below, as follows:
Stephanie Chertok, Esquiire
61 West Louther Street
Carlisle, Pennsylvania 17013
David A. Baric, Esquire
JENNIFER L. GRIMES,
Plaintiff
JOSEPH D. GRIMES,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF
PENNSYLVANIA
NO. 2001-6839
CIVIL ACTION - LAW
IN DIVORCE
DEFENDANT'S RESPONSE TO THE SEPTEMBER 9, 2004, RULE TO SHOW
CAUSE
Plaintiff's requested relief should not be granted because:
1. Defendant's Counsel has recently contacted Defendant's employer in order to
ascertain if Plaintiff's proposed QDRO is acceptable to Defendant's employer's 401 k
administrator.
2. Defendant's employer's administrator (Invesmart) at first conveyed the message that
PlaintifFs proposed QDRO would be acceptable.
3. Invesmart later conveyed the message that Plaintiff's proposed QDRO would not be
acceptable, however provided to Defendant an acceptable sample QDRO.
4. Defendant attaches a copy of that sample hereto, and thereby shares the sample with
Plaintiff.
Defendant believes this matter can be resolved within a week, thereby making this
Court's further participation unnecessary.
Respectfully submitted:
John C. Porter, Esq.
Stephanie E. Chertok, R.N., Esq.
John ~. Porter
I.D. 90152
61 West Louther Street
Carlisle, PA 17013
(717) 249-11;77
QUALIFIED DOMESTIC RELATIONS ORDER
AS S 1 If ULA] El) BY TIlE 1 ARTIES
..,JENNIFER L. GRIMES,
Plaintiff
JOSEPH D. GRIMES,
Defendant
IT IS on this __ da}' of
IN T}IE COURT OF COMMON
PLEAS (iF CUMBERLAND COUNTY,
COMMONWEALTH OF
PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO 6839--2001
........... 200 ., ORDERED that:
I. This Order is intended to be a "Qualified Domestic Relation Order" as
defined in Section 414¢) of the Internal Revenue Code of 1986, relating to the provision
o£ child snpport, alimony payments, or marital property rights. This Order is intended to
recog~fize and creme the right of Plaintiff, lenni£er L. Orimes (the "Alternate Payee") to
:receive a portiort of the vested benefits payable with respect to Defendant, Joseph D.
Grimes (the "Participant") under his 40I (k) retirement plan: (the "Plan"). This Order is
entered pursuant to the authority granted under the domestic relations laws of the
Commonwealth cf Pennsylvania.
2. The full mmic. last known mailing address. ~ocial security number, and
.d..~te of b_ir.~.~ of the Participant are as follows:
Address:
SSN:
Dine of Birth;
Joseph D. Grimes
45 E. Main St. Plainfield Pennsy vania, 17081
t 77..62-32 ! $
June 18, 1973
3. The full g~ame, last known mailing address, social security number and
d_a_te of b. jg_h of the Alternate Payee are as fo lows:
Nanle:
Address;
SSN:
Date of Birth:
Jem~ifer L. Grimes
285 Shed Road, Nexwille, Pennsylvania, 17241
192-68-2333
April 6, 1974
4. The name of the Plan m which this Order applies, and the Sponsoring
Employer and Plan Admh~istrator o~;'the Plan are as follows:
Name of Plan:
Sponsoring Employer:
Plan Administrator:
Wilso~ Paving Reth'ement Plan
'~¥/Ison Pavin~
Wilson Pavin8
5. The amount of the Participm~t's benefits to be paid by the Plan to the
Attemate Payee, the manner in which such beneiits ate to be paid, and the number of
~,ayments or period to which this Order applies, are as follows:
An amount equal to Seven Thousand Nine blmadred Forty One Dollars and
Seventy Five Cents ($7,941,75) of the Particip~t's vested benefits under the Plan.
shall be distributed in one lump-sum payment to the Alternate Payee as soon as
practicable fbtlowing tlm date of this Order, such payment to' represent tile
provision o£ child support, alimony payments or marital property rights to the
Alternate Payee, All sub-accounts Mil be apportioned on a pro rata basis.
6. After payment of the amount required by this QDRO, the Alternate Payee
sha!l have no fhrther claim against the PartJcipanfs interest in the Pla~.
A!ternateP-12~'.e-.e?,~Death. To the extent permitted by the Plan, Section 414(p) of
the (;ode and Section 206(d) of ERISA, the Alternate Payee may designate a beneficiary
to receive payment of the Alternate Payee's remaining interest in the Pin_n, if any, upon
the Alternate Payee's death; provided? however, that once the Alternate Payee's interest
has commenced to be paid to the Altemme Payee, tile form of benefit elected by the
~\lternate Payee shall determine wh.ether any arnou~ts are owed upon the Attemate
Payee's death. Any such beneficiary designation shall be made Without regard to any
des!gnation by the Participant ora beneficiary with respect to t}l:e Participea~t's interest, if
the Alternate Payee f~ts to designate a beneficial5- to receive payment of the Alternate
Pa?ce's remaining interest in the Plan, il:' any, upon the Alternate Payee's death, such
mnount shall be paid to the Alternate Payee's estate.
7. The Akernate Payee assumes sole responsibility for the tax consequences
of the distribution under this QI)RO.
~artieip~!~'~Jieath~, The assig~m~em o£ benefits to the Alternate Payee pursuant
to thc domestic relations order shaI~ not be reduced, abated or terminated as a result of 0~e
death of the Participant. Upon the Participant's dea~h, the Alternate Payee will not
entitled to any s~vivor benefits at~ibutable to the Panic,pratt's benefits under the Plan
ut~less the Parricip~t designates the Alteri~ate Payee as
~h~:z ternls of the Plan.
8, Nothing in the Order shall be construed to requke (i) the Plan to provide
any type or form of benefit, or any option, not otherwise provided under the PI~; (ii) the
Plan to provide increased'benefits, or (iii) the payment of benefits to the Alternate Payee
whtcj~ ~e required to be paid to any other altema~ payee ~der ~), other order
cie~.emfined to be a qualified domestic relations order.
9. A ce~itied ct~py of the Order shall be promptly submitted by the
P~r~icipant or his counsel to the Plm~ Administrator of the
BY THE COURT:
QUALIFIED DOMESTIC RELATIONS ORDER
AS STIPULATED BY THE PARTIES
JENNIFER L. GRIMES,
Plaintiff
JOSEPH D. GRIMES,
Defendant
IN TE[E COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF
PENNSYLVANIA
CIVIL ACTION. LAW
IN DIVORCE
NO. 6839-2001
ITIS on this_~ day offs_, 200~'
ORDERED that:
1. Th/s Order is intended to be a "Qualified Domestic Relation Order" as
de£med in Section 414(p) &the Internal Revenue Code of 1986, relating to the provision
of child support, alimony payments, or marital property fights. This Order is intended to
recognize and create the fight of Plaintiff, Jennifer L. Grimes (the "Alternate Payee") to
receive a portion of the vested benefits payable with respect to Defendant, Joseph D.
Grimes (the "Participant,,) under h/s 401 (k) retirement plan (the "Plan"). This Order is
entered pursuant to the authority granted under the domestic relations laws of the
Commonwealth of Pennsylvan/a.
2. The full ~ last known mailing ad.4rg.~ ~&L~/ll~lal~lb~ and
~ of the Participant are as follows:
Name:
Address:
SSN:
Date of Birth:
Joseph D. Grimes
45 E. Ma/n St., Plainfield. Pennsylvania, 17081
177-62-3215
June 18, 1973
I S ;6 ~ 9- 130
~,b¥1CJhOHlO~d ~Hi !O
3. The full aam_~ last known mailing a~lr~s~ ~ and
~ of the Alternate Payee are as follows:
Nalile:
Address:
SSN:
Date of Birth:
Jennifer L. Grimes
285 Shed Road, Newville, Pennsylvania, 1724~
192-68-2333
April 6, 1974
Sponsoring Employer:
Plan Administrator:
4. The name of the Plan to which this Order applies, and the Sponsoring
Employer and Plan Administrator of the Plan, are as follows:
Name of Plan:
Wilson Paving Retirement Plan
Wilson Paving
Wilson Paving
5. The amount of the Participant's benefits to be paid by the Plan to the
Alternate Payee, the manner in which such benefits are to be paid, and the number of
payments or period to which this Order applies, are as follows:
An amount equal to Seven Thousand Nine H:undred Forty One Dollars and
Seventy Five Cents ($7,941.75) of the Participant's vested benefits under the Plan
shall be distributed in one lump-sum payment to the Alternate Payee as soon as
practicable following the date of this Order, such payment to represent the
provision of child support, alimony payments or marital property rights to the
Alternate Payee. All sub-accounts will be apportioned[ on a pro rata basis.
6. After payment of the amount required by this QDRO, the Alternate Payee
shall have no further claim against the Participant's interest in 'the Plan.
~dternat-~_e_P_R~ee~D_e,i!l~ To the extent permitted by the Plan, Section 414(p) of
the Code and Section 206(d) of ERISA, the Alternate Payee may designate a beneficiary
to receive payment of the Alternate p ,
ayee s rema/ning interesl: in the Plan, if any, upon
the Alternate Payee's death; provided, however, that once the Alternate Payee's interest
has commenced to be paid to the Alternate Payee, the form ,of benefit elected by the
2
Alternate Payee shall determine whether any amounts are owed upon the Alternate
Payee's death. Any such beneficiary designation shaJ[1 be made without regard to any
designation by the Participant ora beneficiary with respect to the Participant's interest. If
the Alternate Payee fails to designate a beneficiary to receive payment of the Alternate
Payee's remaining interest in the Plan, if any, upon the Alternate Payee's death, such
mount shall be paid to the Alternate Payee's estate.
7. The Alternate Payee assumes sole responsibility for the tax consequences
of the distribution under this QDRO.
P_g_r~io~ The assignment of benefits to the Alternate Payee pursuant
to the domestic relations order shall not be reduced, abated or terminated as a result of the
death of the Participant. Upon the Participant's death, the Alternate Payee will not be
entitled to any survivor benefits attributable to the Participant's benefits under the Plan
unless the Participant designates the Alternate Payee as a beneficiary in accordance with
the terms of the Plan.
8. Nothing in the Order shall be construed to require (i) the Plan to provide
any type or form of benefit, or any option, not otherwise provided under the Plan; (ii) the
Plan to provide increased benefits, or (iii) the payment of benefits to the Alternate Payee
which are required to be paid to any other alternate payee under any other order
determined to be a qualified domestic relations order.
3
9. A certified copy of the Order shall be promptly submitted by the
participant or his counsel to the Plan Administrator of the Plan.
· es~ Alternat
nmfet L. Grim _
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
~//~avid A. Baric, Esqmre
o'Brien, Baric &Scherer
17 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Participant
Attorney for Alternate Payee
4