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HomeMy WebLinkAbout09-4494PATTI JO WAGNER, Plaintiff V. JEFFREY ALAN WAGNER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 09 - -q Wy- CIVIL TERM : IN DIVORCE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. 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. PATTI JO WAGNER, Plaintiff V. JEFFREY ALAN WAGNER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 09- q ? 9 y CIVIL TERM : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Patti Jo Wagner, an adult individual, who resides at 2 West Penn Street, Apt 212, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Jeffrey Alan Wagner, an adult individual, who resides at 56 Dowling Drive, Kingsland, Georgia 31548. 3. Plaintiff has been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on March 19, 1990, in Shippensburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. COUNT II ALIMONY, ALIMONY PENDENTE LITE 9. Paragraphs 1 through 8 are incorporated herein by reference as if set forth in their full text. 10. Plaintiff is without sufficient property and otherwise unable to financially support herself. 11. Defendant is presently employed and receiving substantial income and benefits and is able to pay for alimony, and alimony pendente lite for Plaintiff. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order requiring Defendant to provide for payment of an appropriate alimony and alimony pendente lite for Plaintiff. Respectfully submitted, Rominger & Associates Date: J Karl E ominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff VERIFICATION 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. §4904, relating to unsworn falsification to authorities. -?L- In Date: Patti Jo Vagner, P 'nti F., LED- 2 0 9 9 ,1U --G PM 4? ?? z ? i i . i y i r4. J 33.sV,oe/ - 4 ?G -OD `. Y / A" '? I7&y-? c PATTI JO WAGNER, Plaintiff V. JEFFREY ALAN WAGNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09 - 4494 CIVIL TERM IN DIVORCE DEFENDANTS PETITON FOR ALIMONY PENDENTE LITE AND NOW, comes Patti Jo Wagner, by and through her privately retained counsel, Karl E. Rominger, Esquire and in support of her Petition, avers as follows: 1. Plaintiff filed a Divorce Complaint on July 6, 2009. 2. Plaintiff is without sufficient property and otherwise unable to financially support herself. 3. Defendant is presently employed and receiving substantial income and benefits and is able to pay for alimony, and alimony pendente lite for Plaintiff WHEREFORE, your Petitioner prays this Honorable Court to award Alimony Pendente Lite in an amount equal to the Pennsylvania State support guidelines. Respectfully submitted, Rominger & Associates Date: August 26, 2009 K Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff PATTI JO WAGNER, Plaintiff V. JEFFREY ALAN WAGNER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 09 - 4494 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of Defendants Petition for Alimony Pendente Light and Attorney's Fees upon the following by depositing same in the United States mail, First Class Mail, Certified, Restricted and Return Receipt Requested, postage paid, at Carlisle, Pennsylvania, addressed as follows: Jeffrey Alan Wagner 56 Dowling Drive Kingsland, Georgia 31548 Date: August 26, 2009 Respectfully submitted, Rominger & Associates Ka . Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff 7009 AUG 26 'Flil 4- 8 Litav"-"? i``4 r,r PATTI JO WAGNER, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 09-4494 CIVIL TERM JEFFREY ALAN WAGNER, IN DIVORCE Defendant/Respondent : PACSES NO: 952111117 ORDER OF COURT AND NOW, this 28th day of August, 2009, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on Seytember 17.2009 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Karl Rominger, Esq. Date of Order: August 28, 2009 BY THE COURT, 1?-- Edward E. Guido, Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 OF THE 2009 AUG 31 M 11: 1 PATTI JO WAGNER, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 09-4494 CIVIL TERM JEFFREY ALAN WAGNER, IN DIVORCE Defendant PACSES CASE NO: 952111117 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 14th day of September, 2009, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. . Shaddav on October 12, 2009 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. This date replaces the prior conference date of September 17, 2009. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you (6) IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Date of Order: September 14, 2009 Copies mailed to: Petitioner Respondent Karl E. Rominger, Esq. Hubert X. Gilroy, Esq. 5 ; Edward E. iuido, Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 .21 OF " PrFACE `tiQT3Y 2004 SEP 14 PM 2: 21 PATTI JO WAGNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JEFFREY ALAN WAGNER, : NO. 09 - 4494 CIVIL TERM Defendant : IN DIVORCE PRAECIPE TO WITHDRAW ALIMONY PENDENTE LITE TO THE PROTHONOTARY: Please mark the Alimony Pendente Lite as withdrawn for the above captioned docket. Respectfully submitted, Rominger & Associates Date: November 3, 2009 ?- E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff PATTI JO WAGNER, Plaintiff V. JEFFREY ALAN WAGNER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 09 - 4494 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of Praecipe to Withdraw Alimony Pendente Light upon the following by depositing same in the United States mail, First Class Mail, Certified, Restricted and Return Receipt Requested, postage paid, at Carlisle, Pennsylvania, addressed as follows: Hubert X. Gilroy, Esquire MARTSON LAW OFFICES 10 East High Street Carlisle, Pennsylvania 17013 Date: November 3, 2009 Respectfully submitted, Rominger & Associates Karl . Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff 9 -ors kp E OTARY 2009 NOV -3 PM 3* 39 1 i IN, ?V" ? j PATTI JO WAGNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JEFFREY ALAN WAGNER, : NO. 09 - 4494 CIVIL TERM Defendant IN DIVORCE P-3 (D zr "' -urn AFFIDAVIT OF CONSENT - ca `=' o° c© - ?° _C ?, / ?+?.? ;r- c-z 1. A Complaint in Divorce under Section 3301(c) of the Divorce CoA*as-- lecom "0 xu on July 6, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date: Alan Wa er, Defendant PATTI JO WAGNER, Plaintiff v. JEFFREY ALAN WAGNER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 09 - 4494 : IN DIVORCE n CIVIL TERM 3 zrn xp ?,r r .< cr WAIVER OF NOTICE OF INTENTION Cl) TO REQUEST ENTRY OF A DIVORCE DECREE 5c: UNDER § 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. s a• c.? s w 0 n --s rnr- -Om ::ofC) , a-n ozi ?rn 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. §4904, relating to unswom falsification to authorities. Date: J Alan Wagn , Defendant PATTI JO WAGNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JEFFREY ALAN WAGNER, : NO. 09 - 4494 CIVIL TERM .,03 = ? Defendant IN DIVORCE m rn :.n ? .43a 4 o AFFIDAVIT OF CONSENT x© ?'• t.0 ` o 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 6, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: Q, Patti Jo gner, P intiff PATTI JO WAGNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW C-) N r -n JEFFREY ALAN WAGNER, : NO. 09 - 4494 CIVIL TERM © -{ Defendant : IN DIVORCE =M -0 r rte--.. - z? ? urn WAIVER OF NOTICE OF INTENTION D cZF5 C TO REQUEST ENTRY OF A DIVORCE DECREE " W ) y,?' UNDER § 3301(c) 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. 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. §4904, relating to unsworn falsification to authorities. Date: LIM,( Pa i Jo Wag r Plaintiff PATTI JO WAGNER, Plaintiff V. JEFFREY ALAN WAGNER, Defendant IN THE COURT OF COMMON PLEAS 012 C-:5 -11 CUMBERLAND COUNTY, PENNSYLV ? a? a•• ? r- M CIVIL ACTION - LAW r ? -cc) NO. 09 - 4494 CIVIL TERM A -: IN DIVORCE v _ ---t MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this t0k` day of , 2011, between Patti Jo Wagner onn (hereinafter called "Wife") and Jeffrey Alan Wagner (hereinafter called "Husband"). WITNESSETH: The parties hereto are Wife and Husband, having been married on March 17, 1990, in Shippensburg, Cumberland County. There were no children born of this marriage. Diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other, including without limitation: (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and of Husband by Wife; (3) the implementation of custody arrangements for the minor children of the parties for the immediate future; and (4) in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. 1 Wife and Husband are living separate and apart. The purposes of this Agreement are to provide and limit the amount of Husband's payments for support and maintenance of Wife and to meet certain other tax and property problems. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT PREDICATED UPON DIVORCE It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for the institution, prosecution, defense or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds, nor to prevent either party from defending any such action which may, has been, or shall be instituted by the other party, or from making any just or proper defense thereto. The parties further agree that they will each sign the Affidavit of Consent and Waiver of Notice after the required ninety (90) day time period has elapsed when such a divorce procedure is instituted. 2 2. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Karl E. Rominger, Esquire, for Wife, and Hubert X. Gilroy, Esquire, for Husband. Each party acknowledges that she or he has received independent legal advice from counsel of her or his selection and that each fully understands the facts and has been fully informed as to her or his legal rights and obligations and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 3. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 3 4. PERSONAL PROPERTY Husband agrees that he will assume the complete responsibility of transferring the property, currently in the storage unit in Georgia, to Wife in Carlisle, Pennsylvania no later then January 31, 2011. Wife and Husband agree that Wife shall receive all the property, currently in the storage unit in Georgia with the exception of the washer, dryer, sofa, refrigerator, box spring and mattress, which Husband agrees that he will retain. Husband further agrees to make arrangements to dispose of the box spring, mattress and sofa no later then January 31, 2011, that it will be Husband's responsibility to sell the washer, dryer and refrigerator, asking not less the $100.00 for each item, and agrees that Wife will receive one-half (1/2) the proceeds for each item sold, with all items to be sold not later then January 31, 2011. Husband and Wife agree that Husband shall assume the responsibility of transferring the property of Wife, currently located at her daughter's house located at Cumberland Oaks, St. Marys, Georgia, to Wife in Carlisle, Pennsylvania no later then January 31, 2011. Wife and Husband agree that Wife shall receive the following items located at 56 Dowling Drive, Kingsland, Georgia; angel statue in the front yard, Franklin Mint Monopoly game, scale replica of 80'' anniversary Queen's Coach and Husband's wedding ring. Husband agrees to provide all of the above items to Wife no later then January 31, 2011, and shall contact Wife to make arrangements to have the items delivered to Wife in Carlisle, Pennsylvania. Husband further agrees that the items listed above shall be in the same condition upon delivery to Wife as they were when placed in storage. If any item transported by Husband is broken or damaged during transportation to Wife, Husband agrees to reimburse wife a reasonable amount of money for said item(s). 4 Wife and Husband agree that it shall be Husbands responsibility to sale the 1986 Pontiac GrandAm by January 31, 2011, for not less then $500.00 and Husband further agrees that Wife shall receive one-half (1/2) of the monies received from the sale of said vehicle. Husband agrees to provide payment of the items sold above to Wife not later then January 31, 2011, via cash only. 5. SUPPORT Commencing the first day of the first month after the divorce is final, Husband agrees to pay to Wife $150.00 per month, for five (5) years with the condition that if either party shall die the support would terminate. 6. TAX RETURNS Husband and Wife agree to sign joint returns for each calendar year that they are joined in marriage; and if the parties are entitled to any refund; Wife and Husband shall split the proceeds thereof 50150. Husband and Wife further agree that once a divorce decree is entered each party shall file their own individual tax return. 7. MEDICAL INSURANCE Husband and Wife agree to waive claim to either's medical insurance. 8. LIFE INSURANCE Husband and Wife agree to waive claim to either's life insurance. 9. LIABILITIES Wife and Husband each covenant, warrant and represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and 5 liabilities incurred by the other prior to or after the effective date of this Agreement, except as may be otherwise provided by the terms of this Agreement. 10. LEGAL FEES Wife hereby agrees to waive any right to alimony pendente lite and each party agrees to be responsible for her or his own legal fees and expenses. 11. NO BAR TO FURTHER PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available. It is agreed that this Agreement shall not be impaired by any divorce decree which may be granted but shall continue in full force and effect notwithstanding the granting of any such decree. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 12. MUTUAL RELEASE Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the 6 nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Wife and Husband to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 13. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectually the terms of this Agreement. 7 14. SUCCESSORS' RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 15. ENTIRE AGREEMENT Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other term, condition, clause or provision of this Agreement. 16. BINDING EFFECT OF AGREEMENT This Agreement shall remain in full force and effect unless and until terminated pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 17. SEVARABILITY 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, effect and operation. Likewise, the failure of any party to meet her or his obligations 8 under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 18. BREACH / ENFORCEMENT Any party breaching this agreement is liable to the other party for all costs and counsel fees reasonably incurred by the non-breaching party to enforce his or her rights under the Martial Settlement Agreement subsequent to the date of the signing of this Agreement. The aggrieved party may file in either law or equity, in any court of competent jurisdiction, including, but not limited to the county in which they or the opposing party reside. Should either party fail in the due performance of the terms under this Agreement, the other party shall be able at his or her discretion to sue for performance or for damages for a breach of the Agreement. The party who is deemed to have failed in the due performance of the terms hereunder shall be liable for all reasonable costs and expenses incurred by the other in suing for performance or for damages for breach of the Agreement, including counsel fees. 19. NOTICE PROVISIONS Notice to Wife shall be sent by certified mail, return receipt requested to Karl E. Rominger, Esquire, 155 South Hanover Street, Carlisle, Pennsylvania 17013, or such other address as Husband from time to time may designate in writing. Notice to Husband shall be sent by certified mail, return receipt requested, to Hubert X. Gilroy, Esquire, 10 East High Street, Carlisle, Pennsylvania 17013, or such other address as Wife from time to time may designate in writing. 9 20. HEADINGS Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meanings, construction or effect. 21. EFFECTIVE DATE The effective date of this Agreement shall be the date upon which it is executed; however, the transfer of the property provided for herein shall only take place upon the entry of a final decree in divorce, unless otherwise indicated. The support provisions of this Agreement shall take effect as indicated. Notwithstanding the foregoing, if a final decree in divorce shall not have been obtained within four (4) months from the date of execution of this Agreement, this Agreement shall be null and void. 22. DISCONTINUANCE OF ACTIONS Upon the implementation of the obligations which are to be performed by Husband as more particularly hereinabove set forth, Wife will authorize her attorney, Karl E. Rominger, Esquire, to deliver to Husband's attorney, Hubert X. Gilroy, Esquire, such orders and documents as may be necessary to mark settled, discontinued and ended the pending proceedings as set forth hereinbefore to which shall be affixed Wife's consent thereto. Wife warrants and covenants that she has instituted no other legal action in Pennsylvania or other jurisdiction and covenants and agrees that she will not institute any legal proceeding in the future against Husband excepting for the purpose of enforcing any rights accruing to her under the terms of this Agreement. 10 23. CONTROLLING LAW This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. This Agreement is executed in duplicate, and in counterparts, and Wife and Husband, as parties hereto, acknowledge the receipt of a duly executed copy hereof. Karl E ominger, Esquire ubert X. GiVoy, Esquire (? w Patti Jo Wa r, Plaint r z J y Alan Wa er 11 I FILED-OFFICE OF THE PROTHONOTARY 2011 APR -5 PM 1, 32 PATTI JO WAGNER, CUMBERLAND COUWTHE COURT OF COMMON PLEAS OF PlaintiffPENNSYLVANIACUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JEFFREY ALAN WAGNER, : NO. 09 - 4494 CIVIL TERM Defendant : IN DIVORCE RETURN OF SERVICE On July 17, 2009, at 10:30 a.m., Samuel Tostensen, personally served upon Jeffrey Alan Wagner, at 56 Dowling Drive, Kingsland, GA 31548, the Complaint in Divorce Under Section 3301 (c) of the Divorce Code. An Affidavit of Service signed by Samuel Tostensen is attached hereto. Date: Respectfully Submitted, Rominger & Associates Karl- Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 1701.3 (717) 241-6070 Supreme Court ID# 81924 Attorney for Plaintiff A AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania Case Number: 09-4494 Plaintiff: Patti Jo Wagner VS. Defendant: Jeffrey Alan Wagner For: Karl Rominger Rominger & Associates County of Cumberland Common Pleas Court SIP .00% Received by Pennsylvania Professional Process Svc. Jobe serve q Wagner, us-ild4l, 146_q , 1 31548. I, V f-MWt? l? iCg . being duly sworn, depose and say that on the 7 day of 20_QYat X m., executed service by delivering a true copy of the Notice - Divorce, Complaint under /section 3301 (c) of the Divorce Code in accordance with state statutes in th manner marked below: INDIVIDUAL SERVICE: Served the within-named person. () SUBSTITUTE SERVICE: By serving as () NON-SERVICE: For the reason detailed in the () OTHER Comments below. COMMENTS: - AK- S h jsb bwq.e. Q d4!?'S5. I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this service was made. Subscribed and Sworn to before me on the ao of A; , ;tool by the affiant who is \ nall known to me. NOT Y PUBLIC day Notary Public, Glynn County, Georgia My Comnlission Expires Aug, 20, 2012 Pennsylvania Professional Process Svc. 48 W. High St. P.O. Box 1148 Carlisle, PA 17013 (800) 863-2341 Our Job Serial Number: 2009000347 Copyright ®1992-2005 Database Services, Inc. - Process Server's Toolbox V5.5i PROCESS SERVER # Appointed in accordance with State Statutes PATTI JO WAGNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA c CD rnw =M -v rn - V. : CIVIL ACTION - LAW =:0 (nr, te =0 1 -v --0 rn JEFFREY ALAN WAGNER, : NO. 09 - 4494 CIVIL TERM r - ?rD Defendant : IN DIVORCE _ a c -- c) PRAECIPE TO TRANSMIT RECORD w TO TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: July 6, 2009, was served on Defendant by Private Process Service, on July 17, 2009, a return of service with the Affidavit of Service is being filed simultaneously with this Praecipe. 3. Date of execution of the affidavit of consent required by § 3301(c) or The Divorce Code: by the Plaintiff April 4, 2011; by the Defendant March 24, 2011. 4. Related claims pending: None 5. (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on April 4, 2011; Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on March 31, 2011. Respectfully Submitted, Ro Associates Date: April 5, 2011 K Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff Patti Jo Wagner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Jeffrey Alan Wagner NO. 09-4494 DIVORCE DECREE ail oX II-10A A . AND NOW, , it is ordered and decreed that Patti Jo Wagner Jeffrey Alan Wagner bonds of matrimony. , plaintiff, and , defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") A Marital Settlement Agreement is attached hereto and incorporated into but is not merged with this Decree. By ourt, Attest: J. off t??ir - d5rt Ccpy mailed * zdq atM'r,,:jer- No ce t copy tnai lad to 4Aq Gt troy