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Home My WebLink About05-4529McNEES WALLACE & NURICK BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Telephone: 717 237-5297 NANCY B. POTTEIGER, Plaintiff V. GARY POTTEIGER, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Os - (/UIF CIVIL ACTION - LAW IN DIVORCE NOTICE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for 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 Dauphin County Courthouse, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anuiamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en York County Court of Common Pleas, 28 East Market Street, York, Pennsylvania. SI LISTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, LISTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. LISTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO. VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 -2- McNEES WALLACE & NURICK BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Telephone: 717 237-5297 Attorneys for Plaintiff NANCY B. POTTEIGER, Plaintiff V. GARY POTTEIGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE AMENDED COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE 1. Plaintiff is Nancy B. Potteiger, an adult individual who currently resides at 508 South Broad Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Gary Potteiger, an adult individual who currently resides at 12 York Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 21, 1969, in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are no minor children of this marriage. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 11. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate Notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. COUNTI EQUITABLE DISTRIBUTION 12. Paragraphs one (1) through eleven (11) of this Complaint are incorporated herein by reference. 13. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 14. The parties have acquired marital debt during their marriage. 15. Plaintiff and Defendant may be unable to resolve amicably the property issues in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. COUNT II ALIMONY ALIMONY PENDENTE LITE ATTORNEY'S FEES AND COSTS 20. Plaintiff lacks sufficient property to provide for her reasonable needs. 21. Plaintiff is unable to sufficiently support herself on the income obtained from her employment. 22. Defendant has sufficient income and assets to provide continuing support for the Plaintiff. 23. By reason of this action, Plaintiff will be put to considerable expense in the preparation of this case in the employment of counsel and the payment of costs. 24. The Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 25. Plaintiffs income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 26. Defendant has adequate earnings to provide for the Plaintiffs support and to pay her counsel fees, costs and expenses. Mc EES WALLA:,E & NURICK LLC By D D. C or Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5297 Attorneys for Nancy B. Potteiger Dated: August, 2005 VERIFICATION I, Nancy B. Potteiger, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Nancy otteiger 41 Date: ?7/d s s ° o c n N tq 1 v r ?1J McNEES WALLACE & NURICK BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Telephone: 717 237-5297 Attorneys for Plaintiff NANCY B. POTTEIGER, Plaintiff V. GARY POTTEIGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-4529 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I hereby accept service of the Amended Complaint in the above matter. GARY TTEIGER Dated: September 3d , 2005 (`l -? ` ) t _ -} i ?? ?? ...?.? i +..:., . r. > ANCY B. POTTEIGER, Plaintiff V. GARY POTTEIGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4529 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE THE PROTHONOTARY: Please enter the appearance of Keith O. Brenneman, Esquire and Snelbaker & P. C. as attorneys for Defendant Gary Potteiger in the above-captioned action. SNELBAKER & BRENNEMAN, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Gary Potteiger October 24, 2005 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ti CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, used a true and correct copy of the foregoing Praecipe to be served upon the person and in the indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Debra Denison Cantor, Esquire McNees, Wallace & Nurick 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 SNELBAKER & BRENNEMAN, P.C. I? By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Gary Potteiger October 24, 2005 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. f7) McNEES WALLACE & NURICK LLC BY: Debra Denison Cantor Attorney I.D. No. 66378 Cheryl B. Krentzman Attorney I.D. No. 203463 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 233-8000 (717) 237-5300 facsimile dcantor(@-mwn.com ckrentzmanCcD-mwn.com Attorneys for Petitioner/Plaintiff NANCY B. POTTEIGER, Petitioner/Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. GARY POTTEIGER, Respondent/Defendant NO. 05-4529 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S PETITION FOR ADVANCE ON EQUITABLE DISTRIBUTION AND NOW comes the Petitioner, Nancy B. Potteiger, by and through her attorneys, McNees Wallace & Nurick LLC, and petitions the court as follows: 1. Plaintiff (hereinafter "Wife") and Defendant (hereinafter "Husband") are Husband and Wife, having been married on June 21, 1969 in Mechanicsburg, Cumberland County, Pennsylvania. 2. The parties separated in March 2003. 3. The divorce action was filed on September 1, 2005. 4. The parties have attempted to negotiate a resolution to the equitable distribution counts. 5. Wife is desirous of purchasing a home to live in, but is financially unable to do so unless she receives an early distribution of $55,000 to use as a downpayment. 6. Husband has resided in the marital home, which is not encumbered by a mortgage, since the parties separated in 2003 and desires to retain the home as park of his distribution. The home is appraised at $345,000. 7. Husband has not yet paid rent to live in the marital home. As a result Husband has benefited by avoiding a housing expense of approximately $87,000 over the past four and one-half years. 8. Wife has lived in an apartment since the parties separated and has incurred monthly rental fees to do so. 9. Since the parties separated, Husband has retained all the assets, with the exception of Wife's retirement benefits, in his sole name or control. 10. The parties' total marital assets are nearly $3 million dollars. An early distribution of $55,000 still leaves substantial assets for later distribution including Husbands $535,000 pension and the approximately $345,000 equity in the marital home. 11. The parties have multiple assets that are either cash or easily liquidated to cash including: a). Marital home with approximately $345,000 in equity; b). Various checking accounts with several thousand dollars in each; c). Wachovia Securities worth $5,700; d). E*Trade Securities worth $8,000; e). PNC Investments Account worth $16,000; and f). Edward Jones account worth $31,000; ..4, 12. Granting the relief requested will not in any way impair Defendant's ability to obtain an equitable distribution of the assets considering the size of the marital estate and that Defendant owes Plaintiff her share of the approximately $87,000 fair rental value of the marital home that has accrued since the parties separated. 13. During the pendency of this action, Wife executed a deed upon his request for the sale of property held with his family. Said funds remain in escrow. 14. Closing on Petitioner's home should occur at the end of November, 2007. 15. Counsel for Respondent does not concur with this Petition. 16. No Judge has ruled on any matter related to the divorce action. WHEREFORE, Petitioner requests this Honorable Court to grant her request for an advance on Equitable Distribution in the amount of $55,000. Respectfully submitted, McNEES WALL,ACE & NURICK LLC By. Ue a D. Cantor, quire A rney I.D. No. 6378 Cheryl B. Krentzman Attorney I.D. No. 203463 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 232-8000 (717) 237-5300 (fax) Dated: November 7, 2007 Attorneys for Petitioner/Plaintiff A VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. W'6W ae J& x Nancy B. P eiger Dated: 41o 6l2r7) lb-e r ', o O'7 -.. CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Praecipe to Transmit was served by first-class mail upon the following: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 renda Williams, Legal Secretary Dated: 11 13 / )w - c= O i^ - CO F ? fla ,y NANCY B. POTTEIGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-4529 CIVIL GARY POTTEIGER, Defendant : IN DIVORCE ORDER OF COURT AND NOW, this 13th day of November, 2007, upon consideration of the Plaintiff's Petition for Advance on Equitable Distribution, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer to this petition on or before November 27, 2007; 3. A copy of said answer will be filed with this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. By the Court, M. L. Ebert, Jr., Debra D. Cantor, Esquire Attorney for Plaintiff Keith O. Brenneman, Esquire Attorney for Defendant bas VIN'vA'IA &'gN3d 9 0 t£ Nd C 1 AON LODZ A8ViQ\JQHiObd 3U JO 30U40NIMU B. POTTEIGER, Plaintiff V. GARY POTTEIGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4529 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE NOTICE TO PLEAD TO: Nancy B. Potteiger, Plaintiff and Debra D. Cantor, Esquire McNees, Wallace & Nurick, LLC P. O. Box 1166 Harrisburg, PA 17108-1166 You are hereby notified that you have twenty (20) days in which to plead to the enclosed New Matter or a Default Judgment may be entered against you. SNELBAKER & BRENNEMAN, P. C. Date: November 26, 2007 1` By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Gary Potteiger LAW OFFICES SNELBAKER & BRENNEMAN. P.C. NANCY B. POTTEIGER, Plaintiff V. GARY POTTEIGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-4529 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S RESPONSE TO PETITION FOR ADVANCE ON EQUITABLE DISTRIBUTION Defendant Gary Potteiger by his attorneys, Snelbaker & Brenneman, P. C., submits this Response to Plaintiffs Petition For Advance On Equitable Distribution (the "Petition") as follows: ANSWER 1. Admitted. 2. Admitted with the qualification that the separation of the parties occurred when Plaintiff voluntarily left the marital home in March 2003. From the time of the parties' separation, Plaintiff has remained in full time employment with her income being supplemented by monthly support from Defendant. 3. Admitted, with the qualification that the divorce action was initiated by Plaintiff. 4. Denied. It is denied that the parties have attempted to negotiate a resolution to the LAW OFFICES SNELBAKER Ef BRENNEMAN, P.C. equitable distribution counts in this case. On the contrary, before Plaintiff filed the Petition that is presently before this Court, on October 12; 2007 Plaintiffs attorney transmitted to Defendant's attorney a letter indicating there were various missing values with respect to marital property and further indicating that once they are able to finalize the missing values, they would propose a certain division of the marital assets. Up to that time, Plaintiff has refused to negotiate a settlement even after Defendant attempted to do so as late as March 2006. In response to the foregoing letter, Defendant's attorney indicated the need for more information before the proposal could be evaluated. Accordingly, Plaintiffs characterization that the parties have attempted to "negotiate a resolution" to the equitable distribution issue is patently false. 5. Denied. It is denied that Plaintiff is desirous of purchasing a home and is financially unable to do so unless she receives a distribution of $55,000.00. In the October 12, 2007 letter, Plaintiffs attorney proposed that Plaintiff be given a cash advance of $203,750.00 not $55,000.00. In any event, Plaintiff has been, even without the support she has required Defendant to pay, able to live and has in fact lived comfortably outside of the marital residence since the time she voluntarily left in March of 2003. 6. Admitted in part; denied in part. It is admitted that Defendant has resided in the marital home and has solely cared for and maintained it at his own expense without any assistance whatsoever from Plaintiff since the time of their separation. It is further admitted that Defendant desires to maintain the marital home as part of equitable distribution. It is denied that the home is either appraised at or has a fair market value of $345,000.00. 7. Admitted in part; denied in part. It is admitted that Defendant has not paid any rent in his own home. It is denied, to the extent it is implied, that Defendant has any obligation to pay rent to live in his own home. By way of further response, Defendant has single-handedly paid of all expenses and has meticulously maintained the marital home without any assistance from Plaintiff whatsoever. Accordingly, it is denied that Defendant has benefited by avoiding any housing expense. It is further denied that Defendant has avoided a housing expense of approximately $87,000.00 since the time of the parties' separation. By way of further response, LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 2 it is denied as a matter of fact or law that Defendant has any obligation to pay rent or to have rent factored into the parties' resolution of their equitable distribution issues. 8. Admitted upon information and belief with the qualification that Plaintiff voluntarily left the marital home and in spite of her income from full-time employment as a teacher supplemented by support from Defendant, has chosen to live in an apartment when, during the past four years, she could have purchased her own home or moved forward with the divorce, neither of which she has done. 9. Denied. It is denied that since the parties' separation Defendant has retained all of the assets in his sole name and control. On the contrary, when Plaintiff voluntarily quit the marriage and left the marital home, she took with her numerous assets which have remained in her possession and control. 10. Denied. It is denied that the parties' total marital assets are nearly $3,000,000.00. As of October 12, 2007 Plaintiff, through her counsel, indicated that "at this juncture, the marital estate value totals $1,991,622.00." It is further denied that the marital estate value totals. even $1,991,622.00. By way of further response, Plaintiff has a pension valued in excess of $497,000.00, bonds and other marital assets that she took when she voluntarily left the marital home. Plaintiff has set forth no reasonable justification why an interim distribution of assets should be made, what the tax consequences of such a distribution would be and why, if she moved forward with this case, this matter could not be resolved promptly without the need of an interim order of equitable distribution. 11. Denied. The specific values of the assets that Plaintiff sets forth in the subparagraphs LAW OFFICES SNELBAKER & BRENNEMAN, P.C. of Paragraph 11 are specifically denied. It is further denied that the home as a marital asset is easily liquidated to cash. It is also further denied that the investment assets as identified are 3 easily liquidated to cash without significant tax ramifications to Defendant. 12. Denied. It is denied that granting Plaintiffs relief will not impair Defendant's ability to obtain equitable distribution of the assets. It is further denied that Defendant owes Plaintiff any amount in the form of fair rental value of the marital home since the time that Plaintiff voluntarily left the marital home. 13. Denied. It is denied that during the pendency of this action Plaintiff executed a deed upon the request of Plaintiff for the sale of property held with his family. On the contrary, Plaintiff executed the deed only upon her attorney unilaterally placing Defendant's share of the proceeds, which were substantially non-marital assets, in an escrow account. Plaintiff has obstinately refused to release those escrow funds although they are substantially non-marital. Just as telling, Plaintiff has not even offered to release those funds in exchange for Plaintiffs consenting to a partial distribution in this case. 14. Denied. It is denied that closing on the home that Plaintiff desires to purchase should occur at the end of November 2007. Plaintiff has never produced or offered to produce to Defendant or Defendant's counsel any contract indicating that she has in fact agreed to purchase the property or the terms of the purchase, sale and closing. 15. Admitted. It is admitted that counsel for Defendant does not concur with the Petition. By way of further response, when Defendant's counsel was contacted by Plaintiffs counsel as to whether he would consent to the Petition, the Petition was not given to Defendant's counsel and it was never represented that the amount Plaintiff would be requesting was $55,000.00 or any other amount. 16. Admitted. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. WHEREFORE, Defendant requests this Court to deny Plaintiffs Petition. 4 NEW MATTER 17. Plaintiff has neither provided nor offered to provide a copy of any contract under ich she has obligated herself to purchase any property. 18. Plaintiff has sufficient income from full-time employment and support paid by Defendant, who is now retired, to adequately provide for her needs pending conclusion of this divorce proceeding which she initiated. In addition to the support paid by Defendant to Plaintiff, Defendant has paid for insurance on Plaintiff s motor vehicle. 19. Plaintiff has failed to consider or state the tax ramifications from any proposal that I she has that she receive an interim equitable distribution. 20. The first time Defendant was made aware of Plaintiffs desire to purchase a home or to obtain an advance of equitable distribution since the time Plaintiff voluntarily left the home in 2003 was on October 12, 2007. 21. On October 12, 2007 it was requested on Plaintiff s behalf that Defendant agree to pay Plaintiff $203,750, because Plaintiff "will be required to purchase a new home, Nancy requires substantial amounts of money." 22. Plaintiff is employed full-time. 23. Plaintiff has set forth no reasonable justification for an interim distribution of assets and simply wants funds now because she has decided to purchase a home. WHEREFORE, Defendant requests this Court to deny Plaintiff s Petition. SNELBAKER & BRENNEMAN, P. C. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Date: November 21, 2007 I ` BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Gary Potteiger 5 VERIFICATION I verify that the statements made in the foregoing Response to Petition For Advance On Equitable Distribution 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 unworn falsification to authorities. Gary y eiger , Date: November 21, 2007 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Response to Petition For Advance On Equitable Distribution served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID ADDRESSED AS FOLLOWS: Debra D. Cantor, Esquire McNees, Wallace & Nurick, LLC P. O. Box 11667 Harrisburg, PA 171087-1166 SNELBAKER & BRENNEMAN, P.C. By. I /I Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Gary Potteiger Date: November 26, 2007 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. n t-j ? 1 cI NANCY B. POTTEIGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-4529 CIVIL GARY POTTEIGER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 26th day of November, 2007, upon consideration of the Plaintiff's Petition for Advance on Equitable Distribution, the Defendant's Response which included New Matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff to show cause why the relief requested in the New Matter should not be granted; 2. The Plaintiff will file an answer on or before December 17, 2007; 3. A copy of said answer will be filed with this Court; 4. A hearing on this matter will be held on Thursday, January 17, 2008, at 1:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, * 1, ?a V M. L. Ebert, Jr., J. ?ra D. Cantor, Esquire Cheryl Krentzman, Esquire Attorney for Plaintiff ,,?eith O. Brenneman, Esquire Attorney for Defendant bas S :C a 97, Ate LOOZ 3HI JO MCNEES WALLACE & NURICK LLC BY: DEBRA D. CANTOR, ESQUIRE Attorney I.D. No. 66378 100 Pine Street Harrisburg, PA 1717108-1166 Telephone: (717) 237-5297 Facsimile: (717) 260-1667 dcantort&mwn.com Attorneys for Plaintiff NANCY B. POTTEIGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-4529 CIVIL TERM GARY POTTEIGER, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE Please withdraw Plaintiffs Petition for Advance on Equitable Distribution without prejudice. MCNEES WALLACE & NURICK LLC By bra D. Q'atbr, Esquire Attorney I.D. No. 66378 Cheryl B. Krentzman Attorney I.D. No. 203463 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 232-8000 (717) 237-5300 (fax) Attorneys for Plaintiff Dated: December a, 2007 CERTIFICATE OF SERVICE The undersigned hereby certifies that on the k?7day of De embe-r, 2007, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 D C for NANCY B. POTTEIGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-4529 CIVIL GARY POTTEIGER, Defendant : IN DIVORCE ORDER OF COURT AND NOW, this 26"' day of November, 2007, upon consideration of the Plaintiff's Petition for Advance on Equitable Distribution, the Defendant's Response which included New Matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff to show cause why the relief requested in the New Matter should not be granted; 2. The Plaintiff will file an answer on or before December 17, 2007; 3. A copy of said answer will be filed with this Court; 4. A hearing on this matter will be held on Thursday, January 17, 2008, at 1:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, "+ ` -1, M. L. Ebert, Jr., J. Debra D. Cantor, Esquire Cheryl Krentzman, Esquire Attorney for Plaintiff Keith O. Brenneman, Esquire Attorney for Defendant bas 4"`? f'1 ?_? ?7 ' r... ?-rx °t 1 _..,..t .-.,1 f ..+> __ ? ? ?,_? .... ?.)?'i? - ., .-. ..tom ?r"'v?? A MCNEES WALLACE & NURICK LLC BY: DEBRA D. CANTOR, ESQUIRE Attorney I.D. No. 66378 100 Pine Street Harrisburg, PA 1717108-1166 Telephone: (717) 237-5297 Facsimile: (717) 260-1667 dcantor &-mwn.com Attorneys for Plaintiff NANCY B. POTTEIGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-4529 CIVIL TERM GARY POTTEIGER, : CIVIL ACTION - LAW Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Nancy B. Potteiger, Plaintiff, moves the court to appoint a master with respect to the following claims: (x) Divorce ( ) Annulment (x) Alimony (x ) Alimony Pendente Lite (x) Distribution of Property () Support (x) Counsel Fees (x) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a master is requested. (2) The defendant has appeared in the action (personally and by his attorney, Keith O. Brenneman, Esquire). (3) The statutory grounds for divorce are 3301(c) and (d). (4) Delete the inapplicable paragraph(s): (c) The action is contested with respect to the following claims: all claims. (5) The action involves complex issues of law or fact. (6) The hearing is expected to take 2 days. (7) Additional information, if any, relevant to the motion: None. Date: on Cantor 7io?rmneyy for Plaintiff ORDER APPOINTING MASTER And now 2008, appointed master with respect to the following claims: BY THE COURT: , Esquire, is J. MOVING PARTY NAME: Nancy B. Potteiger ATTORNEY'S NAME: Debra D. Cantor ATTORNEY'S ADDRESS: 100 Pine Street Harrisburg, PA 17101 ATTORNEY'S TELEPHONE NO.: 717-237-5297 ATTORNEY'S E-MAIL: dcantor D-mwn.com NON-MOVING PARTY NAME: Gary Potteiger ATTORNEY'S NAME: Keith O. Brenneman ATTORNEY'S ADDRESS: 44 West Main Street Mechanicsburg, PA 17055 ATTORNEY'S TELEPHONE NO.: 717-697-8528 ATTORNEY'S E-MAIL: CERTIFICATE OF SERVICE The undersigned hereby certifies that on the C day of '2008, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 0?_dkw_ J fifer L. Kee o, Paral al • ` " _?. a I a J?7_ (-/ INCOME AND EXPENSE STATEMENT OF Nancy B. Potteiger SSN: 205-36-7540 PACSES#: DATE: THIS STATEMENT MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or in part, you must also fill out the Supplemental Income Statement which appears on the last page of this Income and Expense Statement.) INCOME (a) Wages/Salary Employer & Address Cumberland Valley School District, 6746 Carlisle Pike, Mech., PA 17050 Job Title/Description Teacher Pay Period (weekly, bi-weekly, monthly) bi-weekly Gross Pay per Pay Period ....................... ................... ...... ................ .......... $ 2516.50 Payroll Deductions: Federal Withholding ......................... $ 387.15 Social Security ................................. $ 153.74 Local Wage Tax .............. .......... $ 39.68 State Income Tax ............................. $ 76.13 Retirement ....................................... $ 188.74 Health Insurance .............................. $ 13.67 Other (specify) .................................. $ 35.96 Unemployment .............................. $ 1.51 OPT .............................. $ 2.00 AMED .............................. $ 100.00 125M .............................. $ 23.08 Net Pay per Pay Period ............................... ....... ................... ...... ................ .......... $ 1494.84 (b) Other Income Week Month Year Interest/Dividends $ $ 4.00 $ Pension/Annuity $ $ $ Social Security $ $ $ Rents/Royalties $ $ $ Expense Account $ $ $ Gifts $ $ $ Unemployment Compensation . $ $ $ Workmen's Compensation $ $ $ Spousal Support $ $ 382.00 $ Total, Other Income $ $ 386.00 $ INCOME AND EXPENSE STATEMENT OF Nancy B. Potteiger I verify that the statements made in this Income and Expense Statement 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: ???aAA Q6, {A823632: } if w Household Child Household Child Week Week Month Month EXPENSES Home Mortgage/Rent ................................. $ $ $1200.00 $ Maintenance .................................... $ $ $ 20.00 $ Utilities (telephone, heating electric, etc.) .................................. $ $ $ 240.00 $ Employment (transportation, lunches) ........................................ $ $ $ 50.00 $ Taxes Real Estate ...................................... $ $ $ 250.00 $ Personal Property ............................ $ $ $ $ Income ............................................. $ $ $ 503.00 $ Insurance Homeowners .................................... $ $ $ 27.00 $ Automobile ....................................... $ $ $ $ Life/Accident/Health ......................... $ $ $ $ Other ................................................ $ $ $ 125.00 $ Automobile (payments, fuel, repairs)...... $ $ $ 100.00 $ Medical Doctor, Dentist, Orthodontist ............ $ $ $ 20.00 $ Hospital ............................................ $ $ $ $ Special (glasses, braces, etc.) .............$ $ $ 20.00 $ Education Private, Parochial School ................. $ $ $ $ College ............................................ $ $ $ $ Personal Clothing ............................................ $ $ $ 50.00 $ Food ................................................ $ $ $ 250.00 $ Other (household supplies, barber, etc) ................................... $ $ $ 50.00 $ Credit payments and loans .............. $ $ $ $ Miscellaneous Household help/child care ...................... $ $ $ $ Entertainment (inc. papers, books, vacation, pay TV, etc.)....... $ $ $ 50.00 $ Gifts/Charitable contributions ........... $ $ $ 900.00 $ Legal Fees ....................................... $ $ $ 400.00 $ Other child support/alimony payments ...................................... $ $ $ $ Other (specify) ......... $ $ $ $ Total Expenses ...................................... $ $ $ 4255.00 $ {A823632:} -2- / - Ownership* PROPERTY OWNED Description Value H W J Checking Accounts ......... _ varies greatly $ 200-500 ? ® ? $ ? ? ? Savings Accounts ........... PNC $ 8400.00 ? ® ? ? Credit Union .................... $ ? ? ? $ ? ? ? Stocks/Bonds .................. Savings bonds $ 5000.00 ? ? ? $ 1-1 Real Estate ..................... Home-iust purchased, fully $ 205,000 ? ® ? financed $ ? ? ? Other .............................. $ ? ? ? $ ? ? ? Total, Property ................ $ ? ? ? Coverage INSURANCE Company Policy No. H W C Hospital ........................ Capital Blue Cross 80076383900 ? ® ? Medical ......................... Capital Blue Cross 80076383900 ? ® ? Health/Accident ............. ? ? ? Disability Income........... ? ? ? Other (dental, etc)......... United Concordia 845146000 ? ® ? (*H - Husband, W - Wife, J - Joint, C - Child) {A823632:} -3- ? ?? . _ ?- s ..:mot ? ?w? s ? ?, --+ _;;' ? w _ -?; ?,, ORIGINAL MCNEES WALLACE & NURICK LLC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 100 Pine Street Harrisburg, PA 1717108-1166 Telephone: (717) 232-8000 Facsimile: (717) 260-1667 Attorneys for Plaintiff NANCY B. POTTEIGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-4529 CIVIL TERM GARY POTTEIGER, : CIVIL ACTION - LAW Defendant : IN DIVORCE INVENTORY OF PLAINTIFF PURSUANT TO Pa_ R_C_P 1920.33(a) ® Plaintiff files the following Inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. ® Plaintiff verifies that the statements made in this inventory are true and correct. ® Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. ancy . Potteiger, Plainti Date M Qvtk 20 , 2008 Z Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. ® 1. Real property ® 2. Motor vehicles ® 3. Stocks, bonds, securities and options ® 4. Certificates of deposit ® 5. Checking accounts, cash ® 6. Savings accounts, money market and savings certificates ? 7. Contents of safe deposit boxes ? 8. Trusts ? 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ® 10. Annuities ? 11. Gifts ® 12. inheritances ? 13. Patents, copyrights, inventions, royalties ? 14. Personal property outside the home ? 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ? 16. Employment termination benefits-severance pay, workman compensation claim/award ? 17. Profit-sharing plans ® 18. Pension plans (indicate employee contribution and date plan vests) ® 19. Retirement plans, Individual Retirement Accounts ? 20. Disability payments ? 21. Litigation claims (matured and unmatured) ? 22. MilitaryN.A. benefits ? 23. Education benefits ? 24. Debts due, including loans, mortgages held ® 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ? 26. Other 2 Z Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number Description of Property Names of all Owners 1 12 York Circle, Mechanicsburg, Pa (marital home Joint 2 6-acre lot behind 10 & 12 York Circle, Mechanicsbur PA Husband & Wife-50 % owner 3 Bedford Count (Hunting land Husband - 1/6 owner Refiremant 1 Primerica Acct 210149114 Husband 2 Primerica Acct 214585055 IRA Husband 3 PSERS Husband 4 PSERS Wife 5 403(b) account Husband 6 Primerica SEP IRA 212771188 Husband Invastmant Accounts 1 Brethren in Christ Foundation 2760-12823 Husband 2 Wachovia Securities 6785-8450 Joint 3 Etrade 5723-8159 Husband 4 PNC Investments 73657327 Joint 5 Met Life Annuity 0486166 Husband 6 Edward Jones 270-092091-7 Joint 7 Edward Jones 270-09461-1-0 Husband 8 Ameri rise Large Ca 0010124665976002 Husband Rank Accounts 1 Fulton Bank, checking 3620-14629, checking 8892309306 2 M&T, checking 8892309306 checking 950743430 Husband 3 Citizens acct. #610063-245-8 Husband 4 Sovereign, checking 1681709945 Husband 5 Wachovia, savings 300012173757 crown classic 101420880807 CD 247412051141648 Joint 6 PNC, checking 50-0360-5956 savings 50-0353-4801 Checking 439-0141 Wife Wife Husband 7 Savings Bonds 3 1 Toyota Truck Husband 2 Four Wheeler Husband 3 2001 Honda Accord Joint 4 Household furnishings Husband and Wife 5 Toyota Cam 2006 Husband ® Plaintiff lists all property in which a spouse had a legal or equitable interest which is claimed to be excluded from marital property: Item Number Description of Property of all Owners 1 802 West Keller Street, Mechanicsburg, Pa W - purchased post- separation 2 Husband claims mobile home park and accompanying properties are non-marital pursuant to a partnership agreement signed by Wife 4 Person To Item Date of Whom Number Description of Property Consideration Transferred None Item Names of All Names of All Number Description of Liabilities Creditors Debtors None t'-J 4'r 7 ?? ^4? .. ?? t Y (5) (6) (7) Date: (4) Delete the inapplicable paragraph(s): (c) The action is contested with respect to the following claims: all claims. The action involves complex issues of law or fadt. The hearing is expected to take 2 days. Additional information, if any, relevant to the motion: None. y-z And now on Cantor orney for P,laintiff ORDER APPOINTING MASTER 2008, Esquire, is appointed master with respect to the following claims: A,&- A?kne? BY COIF XC J. N?c s ?a\\o?c e % ???e1( MOVING PARTY NAME: Nancy B. Potteiger ATTORNEY'S NAME: Debra D. Cantor ATTORNEY'S ADDRESS: 100 Pine Street Harrisburg, PA 17101 ATTORNEY'S TELEPHONE NO.: 717-237-5297 ATTORNEY'S E-MAIL: dcantor _mm.com J t? NON-MOVIN PARTY NAME: Gary otteiger TORNEY'S; NAME: Keith O. Brenneman ATTORNEY'S ADDRESS: 44 West Main 'Street Mechanicsburg, PA 17055 ATTORNEY'S, TELEPHONE NO.: 717-697-8528; ATTORNEY'S. E-MAIL: 0 t" cr% ?tU ? 7 j Cy. ?° U a c -s NANCY B. POTTEIGER, Plaintiff V. GARY POTTEIGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4529 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I, Keith O. Brenneman, Esquire, counsel for Defendant herein, do hereby swear and affirm that have I accepted service of a true and correct copy of the 3301(d) Affidavit in the above-captioned action on Flu a, '200b and am authorized to do so. Keith O. Brenneman, Esquire n c t NANCY B. POTTEIGER, Plaintiff VS. GARY POTTEIGER, Defendant AND NOW, this THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 4529 CIVIL IN DIVORCE ORDER OF COURT 6-ti day of IAA4A - , 2009, the economic claims raised in the proceedings having been resolved in accordance with an addendum dated February 26, 2009, to the marital settlement agreement dated February 18, 2009, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. cc: ZDebra A. Denison Cantor Attorney for Plaintiff ?Keith 0. Brenneman Attorney for Defendant L ¢S J/14 `04 BY THE COURT, Edgar B. Bayley, P.J. .?' ....- G? `: ADDENDUM TO MARITAL SETTLEMENT AGREEMENT This Addendum, made this ?_ day of , 2009, by and between Gary Potteiger of Mechanicsburg, Pennsylvania ("Husband"), and Nancy B. Potteiger of Mechanicsburg, Pennsylvania ("Wife"), WITNESSETH: WHEREAS, the parties executed a Marital Settlement Agreement dated 2009. WHEREAS, the parties wish to amend portions of the Marital Settlement Agreement and incorporate them by reference; THEREFORE, inconsideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound hereby, the parties agree as follows: 1. Husband had an ownership interest in View Mountain Park at 122 Woods Drive, Mechanicsburg in partnership with other family members and an ownership interest in property owned with other family members at 6625 Carlisle Pike, Both properties have been sold and Husband's proceeds from the 6625 Carlisle Pike property were escrowed pending settlement of this matter. Such proceeds were held by Husband's attorney, Keith Brenneman. Wife hereby waives any right, title and interest to the proceeds from the sale of 6625 Carlisle Pike. Further, Wife waives any right, title and interest which she may have to the partnership and property associated with View Mountain Park, including any proceeds or income. Husband agrees to be solely t.: responsible for all costs and expenses associated with View Mountain Park and shall indemnify and hold Wife harmless from such. 2. Paragraph 7.2 shall be amended as follows: Husband shall roll over $60,131 from the Met Life Annuity plus or minus any increases or loss on that portion of the account from 12/31/08 within 60 days of the execution of this Agreement. 3. Paragraph 7.3 shall be amended as follows: Husband shall pay to Wife $5,411 in cash for the remaining balance owed. Wife acknowledges receipt of $817 in cash. Therefore, Husband shall pay Wife $4,540 upon execution of this Addendum. WHEREFORE, the parties intending to be legally bound thereby, hereby set their hand and seals and on the date first written above. 1 WITNE i /V?1? G z,/ Nancy B otteiger WITNESS MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ?? day of , 2009, by and between GARY POTTEIGER, of Mechanicsburg, Pennsylvania, (hereinafter "HU BAND") and NANCY B. POTTEIGER of Mechanicsburg, Pennsylvania, (hereinafter "WIFE"). WITNESSETH: WHEREAS, the parties hereto were married on June 21, 1969, in Mechanicsburg, Cumberland County, Pennsylvania; and WHEREAS, WIFE filed a divorce action in the Cumberland County Court of Common Pleas, on September 1, 2005, docketed to No. 05-4529 Civil Term; and WHEREAS, there are, no minor children of the marriage. WHEREAS, difficulties have arisen between the parties and it is therefore Wife's intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including but not limited to: the equitable distribution of the marital property; past, present, and future spousal support; alimony, alimony pendente lite, and in general, any and all other claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and for other good and valuable consideration, the parties, intending to be legally bound hereby, the parties do hereby agree as follows: _1- 1. ADVICE OF COUNSEL. The provisions of this agreement and their legal effect have been fully explained to the parties by their respective counsel. HUSBAND is represented by Keith O. Brenneman, Esquire of Snelbaker & Brenneman, P.C. WIFE is represented by Debra Denison Cantor, Esquire of McNees Wallace & Nurick. Each party acknowledges that he or she has had the opportunity to discuss with counsel of their choosing, the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations or expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. Wife is proceeding with a no fault divorce pursuant to §3301(d) of the Divorce Code and has filed all necessary affidavits. Husband agrees to do nothing to interfere with Wife's finalization of the divorce in this manner. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. This Agreement shall not merge with the Divorce Decree, but shall continue to have independent contractual significance and shall be enforceable as provided in 23 Pa. C. S. § 3502(e). -2- 3. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon •-.e which it is executed by the parties if they have each executed.the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the last party executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally releases the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments excepts as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a life time 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 Pennsylvania, any state, Commonwealth, or territory of the United States or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL DISCLOSURE. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under -3- Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the court of this Commonwealth or any other court of competent jurisdiction. HUSBAND and WIFE represent and warrant that each has disclosed to the other in full his or her respective assets, liabilities and income and that this Agreement was negotiated and entered into on the basis of those disclosures. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable and is satisfactory to them. The remedies available to either party for breach or violation of this provision shall be those remedies available pursuant to law and equity. Each party retains the right to assert a claim against the other for failure to fully and fairly disclose his or her income, assets and liabilities, if it is later determined that there has been a failure to disclose, including but not limited to a claim of constructive trust. 6. SEPARATION-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as if fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb or malign each other or the respective families of each other. 7. EQUITABLE DISTRIBUTION. 7.1 Marital Residence, 10 Railroad Circle, Bedford County Hunting Land: The parties are the joint owners of residential real estate located at 12 York Circle, Mechanicsburg, Pennsylvania, which is unencumbered. The parties are owners of residential real estate located at 10 Railroad York Circle, Mechanicsburg, Pennsylvania. This property is jointly owned with HUSBAND's parents. HUSBAND shall retain these properties subject to the terms of the following provisions. HUSBAND has an interest in real estate located in Bedford County, Pennsylvania. In exchange for the waiver of her interests in the above-mentioned properties, WIFE shall be paid $210,000 within 60 days of the date of execution of this agreement. HUSBAND shall prepare and WIFE shall execute the deeds necessary to transfer her interest in the properties to HUSBAND. Said deeds shall be held in escrow by WIFE's attorney and shall be released to HUSBAND upon the -4- completion of all payments under this Marital Settlement agreement. Pending the release of the deeds, HUSBAND shall remain solely responsible for all costs and obligations associated with this property, including but not limited to the mortgage, insurance, taxes, and utilities. HUSBAND shall indemnify and hold WIFE harmless from such. In the event that HUSBAND does not pay the monies owed to WIFE in this paragraph within 60 days of the date of this agreement, the marital home located at 12 York Circle, Mechanicsburg, Pa shall immediately be listed for sale. HUSBAND shall cooperate with the listing and showing of the home. The parties shall agree to a listing price and shall modify this listing price based on the recommendation of the realtor. WIFE shall receive the first $210,000 of the sale proceeds and HUSBAND shall retain the balance. The fair rental value on the marital home is $1,600 per month for a total of $114,400 through February 15, 2009. HUSBAND is entitled to a credit against this fair rental asset for the payment of taxes and insurance on the property through December 15, 2008. He is also entitled to repayment for the costs of WIFE'S car insurance. These credits total $25,111 through December 15, 2008. At the time of execution of this agreement, HUSBAND owes WIFE cash of $44,650.00 for the fair rental value. If HUSBAND pays WIFE the balance owed under this agreement related to the real estate within 60 days, and the deeds are timely transferred, she shall waive her entitlement to future fair rental value. If, however, the balance owed to WIFE under the real estate provisions of the agreement is not paid within 60 days, fair rental value will continue to accrue at $1,600 per month with the only offsets being the future payments of taxes and insurance. HUSBAND shall owe to WIFE one half of the difference between the rental value and the tax and insurance offset until all payments owed under this agreement have been made. 7.2 Retirement The parties are the owners of various retirement funds. HUSBAND is the owner of a PSERS account in pay status. HUSBAND shall retain his PSERS account and WIFE waives any right, title and interest in said account. WIFE is the owner of a PSERS account and shall retain her PSERS account. HUSBAND waives any right title and interest to this account. -5- HUSBAND is the owner of Primerica Roth IRA acct # 5055 with a 12/31/08 balance of $102,565.49. HUSBAND is also the owner of an annuity with Met Life with a 12/31/08 value of $65,753.59. HUSBAND shall transfer to WIFE the entire Primerica Roth IRA plus or minus any increases or loss on the account since 12/31/08. Husband shall roll over $47,239 plus or minus any increases or loss on that portion of the account account from 12/31/08 within 60 days of the execution of this agreement. HUSBAND shall obtain all documentation necessary to roll over the IRA and annuity to WIFE and WIFE shall cooperate in executing any documentation necessary to effect this distribution. If Husband fails to complete all actions needed by him to affect such transfer within 60 days of the execution of this agreement, interest shall begin to accrue at 10% per annum from the date of execution of this agreement until the rollover occurs. After the transfer of the above outlined accounts and amounts to WIFE, she hereby waives any right, title and interest to the balance of said accounts. HUSBAND is also the owner of a Primerica Roth IRA, account number 9114, which is non-marital. WIFE waives any right, title or interest she may have in this account. 7.3 Investments: The parties are the owners of a number of investment accounts. HUSBAND is the owner of Brethren in Christ account #12823 with a value of $35,617, an E-Trade account #8159 with a value as of 12/31/08 of $3,176.94, and an Edward Jones account #946110 with a balance as of 12/31/08 of $3743. The parties jointly owned a Wachovia Securities account # 8450 with a balance as of 12/31/08 of $4,289.35; a PNC investment account #7327 with a balance as of 12/31/08 of $12,382.74; and an Edward Jones account #678010 with a balance as of 12/31/08 of $23,355.02. WIFE shall retain all Joint investment accounts, plus or minus any increases or loss from 12/31108 and HUSBAND waives his right title and interest to such accounts. HUSBAND shall pay to Wife $817 in cash for the remaining balance owed. Said transfer shall occur within 60 days of the execution of this agreement. After such transfer, WIFE waivers any right, title and, interest to said accounts. Should HUSBAND fail to complete all actions necessary by him to transfer said amounts in sixty (60) days, interest shall accrue at 10% per annum from the date of this agreement. -6- 7.4 Bank Accounts and Cash Accounts: At the time of separation, HUSBAND was the owner of the following bank accounts: Fulton 14629: $11, 066 M&T 9306: $787 M&T 3430 $ 10,332 Citizens2458 $6,500 Sovereign 9945 $1,587. At the time of separation, the parties had two joint accounts as follows: Wachovia 3757 $ 101 Wachovia 8701 $4,981 At the time of separation, WIFE had bonds and bank accounts as follows: PNC Bank 5956 $2159 PNC Bank 4801 $559 Savings Bonds $8,000 Concurrently with the execution of this agreement, HUSBAND shall give to WIFE cash in the amount of $14,622. Thereafter, WIFE waives any right title and interest in HUSBAND's accounts as well as the joint accounts. The joint accounts shall be closed within 30 days of the execution of this agreement. HUSBAND waives any right, title and interest he may have in WIFE's bank accounts and savings bonds. 7.5 Vehicles: WIFE shall retain her vehicle, a 2001 Honda Accord. HUSBAND shall waive any right title or interest he may have in the vehicle. HUSBAND shall execute the title to WIFE immediately upon execution of this agreement and prior to the entry of the divorce decree. HUSBAND waives any right, title and interest he may have in this vehicle. HUSBAND is the owner of a 2001 Toyota Tacoma and an untitled four-wheeler. WIFE waives any right title and interest she may have in this vehicle. -7- 7.6 Personal Property: The parties have divided the personal property by private agreement. •N 8. DEBTS. HUSBAND represents and warrants to WIFE that since separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims and demands made against her by reason of such debts or obligations incurred by him since March 27, 2003. WIFE represents and warrants to HUSBAND that since separation she has not, and in the future will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from any and all claims and demands made against him by reason of such debts or obligations incurred by her since March 27, 2003. 9. EFFECT OF RECONCILIATION. The parties agree that the terms of this Agreement shall not be affected by their subsequent reconciliation, cohabitation with each other or resumption of marital relations, unless the parties otherwise specifically agree in a witnessed, notarized writing executed with the same formality as this Agreement. 10. WAIVER OF SPOUSAL SUPPORT AND ALIMONY. HUSBAND and WIFE do hereby waive, release and give up any rights arising from the continuing existence of their marital relationship which either may have against the other for spousal support, alimony, or other maintenance of any kind, except as otherwise specifically provided herein. From the execution date of this agreement, it shall be the sole responsibility of each of the respective parties to sustain himself or herself without seeking support from the other party. -8- 11. MODIFICATION/ WAIVER. No modification or waiver of any of the provisions of this Agreement shall be valid or effective unless it is specifically documented in a witnessed, notarized writing executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 12. TAXES. The parties have heretofore filed joint Federal and state tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or any assessment of any such tax is made against them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns 13. COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of the Agreement, including but not limited to the signing of deeds, titles, and/or documents. Contemporaneously with the execution of this Agreement, the parties will sign Affidavits of Consent and Waivers of Notice of Intent to Request Entry of a Divorce Decree. 14. ATTORNEY FEES. COURT COSTS. Each party hereby agrees to be solely responsible for the balance of his or her own counsel fees, costs and expenses. Neither shall seek contribution thereto from the other party except as otherwise expressly provided herein. -9- 15. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that the either party breaches any provisions of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. However, the alleged breaching party shall not be required to pay the other party's attorney's fees, costs and expenses of the other party in the absence of a written demand provided to the counsel of record or to the party alleged to be in breach at their last known address. Demand shall be adequate if it is sent via certified mail to the alleged breaching party, or by regular U. S. mail to counsel of record, and provides at least fourteen (14) calendar days for compliance. For purposes of this provision, and in absence of notice to HUSBAND to the contrary, the presumptive correct address for notice to the WIFE shall be: NANCY B. POTTEIGER 802 B West Keller Street Mechanicsburg, Pennsylvania 17055 For purposes of this provision, and in absence of notice to the WIFE to the contrary, the presumptive correct address for notice to the HUSBAND shall be: GARY POTTEIGER 12 York Circle Mechanicsburg, Pennsylvania 17050 In absence of a notice to the other party of change of address, a breaching or alleged breaching party shall not be relieved of obligation for attorney's fees, costs and expenses under this paragraph for failure to receive written demand. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. -10- 16. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a) The right to obtain an inventory and the appraisement of all marital and non- marital property; (b) The right to obtain an income and expense statement of either party; (c) The right to have all property identified and appraised; (d) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure and the Pennsylvania Divorce Code, including but not limited to, written interrogatories, motions for production of documents, the taking of oral deposition, any all other means of discovery permitted under the law; (e) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses; and 17. VOID CLAUSES. 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. 18. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. - 11 - 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set for herein. 20. CONTRACT INTERPRETATION. For purposes of contact interpretation and for the purpose of resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first written above. ifi ate., Witness Witness ?u GARY TTEIGE NANCY B. POTTEIGER -12- 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set for herein. 20. CONTRACT INTERPRETATION. For purposes of contact interpretation and for the purpose of resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first written above. Witness Witnes GARY POTTEIGER 4N NCY . P TTEI ER -12- COMMONWEALTH OF PENNSYLVANIA: ss. COUNTY OF ?410 6ert14V2 On the day of _ 6110c #"Y , 2009, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the underrrsigned officer, personally appeared GARY POTTEIGER, known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand a notarial seal the day and year first above written. CONUV4ONVVEAi_ rH OF PENNSYLVANIA Notarial Seat Swan L. Matrazi, Notary Public M•-ct?arucsburg Boro, Cwbedand County My ^ mmission Expires Nov. 24, 2091 •t„,_• - I,, '-/ TAA0 ?4-- Notary P blic COMMONWEALTH OF PENNSYLVANIA: ss. COUNTY OF :Dftf9j J On the 18t day of 2009, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared NANCY B. POTTEIGER, known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand a notarial seal the day and year first above written. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jeanne M. Barnhart, Notary Pubkc City Ot Hanisburg, Dauphin County -13- MY Canmission Expires June 7, 2011 Pennsylvania AsS.ociation of NotarieF • McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5478 (717) 260-1667 facsimile dcantor _mwn.com Attorneys for Defendant NANCY B. POTTEIGER, Plaintiff V. GARY POTTEIGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4529 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE The parties to this action separated on March 27, 2003 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. i 3. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I 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: _ ? - CJ&' ??fl Nancy 13 otteiger, Plain R t ECG- ; 0E OF THE P?` "'10TARY 2009 APR -8 Phi 12: 54 CUPJ PZE N N "'r`LVA IA McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5478 (717) 260-1667 facsimile dcantor(a-)mwn.com Attorneys for Plaintiff NANCY B. POTTEIGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-4529 CIVIL TERM GARY POTTEIGER, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under §3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Regular and certified mail, return receipt/restricted delivery upon Defendant on September 9, 2005. An Affidavit of Acceptance of Service was signed by Defendant on September 30, 2005 and filed with the Court on October 20, 2005. 3. (b) (1) Date of execution of the Affidavit required by §3301(d) of the Divorce Code: August 6, 2008; (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: Defendant accepted service of Plaintiffs Affidavit on August 8, 2008. Plaintiffs Affidavit is being filed contemporaneously with this Praecipe. 4. Related claims pending: None 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: December 3, 2008 by regular mail to Attorney for Defendant. Respectfully submitted, McNEES VlL CE & N RI K II By Debra D. Cantor I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (fax) dcantorOD-mwn.com Attorneys for Plaintiff, Nancy B. Potteiger Dated: April 7, 2009 2 CERTIFICATE OF SERVICE AND NOW, this day of April 2009, 1 hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 4?_Pm? ?/ kqxv-? J n" er L. Keen, aralegal 3 FILET) i"I"k OF Rw Vic` _! - 2009 APR -3 Phi 12: 55 CiJa? J`#+` pE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Nancy B. Pofteiger V. Gary Pofteiger DIVORCE DECREE AND NOW, ty it is ordered and decreed that 11 Nancy B. Pofteiger , plaintiff, and Gary Potteiger , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None By the Court, NO. 2005-4529 Attest. J. Prothonotary oq eQ. ;? 4 ("