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HomeMy WebLinkAbout07-030161 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LESLEY D. IHNAT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. 07-301 L JONATHAN A. IHNAT, CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. 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, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LESLEY D. IHNAT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. JONATHAN A. IHNAT, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Lesley D. Ihnat, an adult individual residing at 309 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Jonathan A. Ihnat, an adult individual residing at 309 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on September 14,1996, in Mechanicsburg, Cumberland County, Pennsylvania. 5. There are two (2) minor children born of this marriage: Zachary D. Ihnat, born February 17, 2001; and Max D. Ihnat, born August 3, 2003. 6. The parties separated on December 17, 2006. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiffrequests entry of a divorce decree in her favor in accordance with 3 3301 of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, Lesley D. Ihnat, prays this Honorable Court to enter judgment: 2 A. Awarding Plaintiff a decree in divorce; and B. Awarding other relief as the Court deems just and reasonable. Dated: Januar 0 , 2007 Barbara inple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 3 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LESLEY D. IHNAT, : IN THE COURT OF COMMON PLEAS Plaintiff V. JONATHAN A. IHNAT, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA 7- .t C1( `?- :NO. CIVIL ACTION -LAW : IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: V "-- LESLEY D. IHN Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LESLEY D. IHNAT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JONATHAN A. IHNAT, Defendant . NO. CIVIL ACTION -LAW IN DIVORCE VERIFICATION I, LESLEY D. IHNAT, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: 2007 SLEY D. I A Cz? ;o n if? 4, V '4rj Q c N V -n Tlt:', R L r f fI7 Tl r.' A ?` c n Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LESLEY D. IHNAT, : IN THE COURT OF COMMON PLEAS Plaintiff V. JONATHAN A. IHNAT, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07 - 301 CIVIL ACTION -LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Joseph L. Hitchings, Esquire, hereby accept service and acknowledge receipt of the above- captioned Complaint in Divorce on behalf of my client, Jonathan A. Ihnat, having received said _-W Complaint on the day of rin ?cl 2007. I hereby indicate I am authorized by my client to accept service on his behalf. -2 Al? L. Hitchings, s v for Defendant McShane & Hitchings Law Office 4807 Jonestown Road, Suite 148 Harrisburg, PA 17109 (717) 657-3900 Supreme Court I.D. No. E,,SS? ??? ?-- s-,? s.- _,..a YT; ' ' n -? e. . Y C "a' ?J -1 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LESLEY D. IHNAT, Plaintiff V. JONATHAN A. IHNAT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 07 - 301 : CIVIL ACTION -LAW : CUSTODY / DIVORCE STIPULATION REGARDING CUSTODY THIS AGREEMENT is made this day of M ? , 2007, by and between Lesley D. Ihnat, (hereinafter referred to as "Mother") an adult individual residing at 309 Allenview Drive, Mechanicsburg, Pennsylvania 17055, and Jonathan A. Ihnat, (hereinafter referred to as "Father") an adult individual residing at 572 Lester Court Harrisburg, Pennsylvania 17113. WITNESSETH: WHEREAS, Mother and Father are the natural parents of two (2) minor children, being Zachary D. Ihnat, born February 17, 2001 and Max D. Ihnat, born August 3, 2003; WHEREAS, Mother and Father desire to set forth their agreement concerning the parenting plan established for their children; a NOW THEREFORE, the parties intending to be legally bound, do agree as follows: A. Legal Custody: The parties shall share legal custody of their children. The parties agree that major decisions concerning the children's health, welfare, education, religious training and upbringing shall be made by the parents jointly, after discussion and-consultatiion with each other, with a view towards obtaining and following a harmonious policy to arrive at a decision that is in the children's best interest. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each party agrees not to impair the other parties' right to share legal custody of the children. Further, each party agrees to give support to one another in the role as parents and to take into account the consensus of the other parent for the physical and emotional well being of the children. The parties agree not to either attempt or alienate the affections of the children for the other parent. Each party shall notify the other of any activity that could reasonably be expected to be of significant concern to the other. The parties agree that the children will be encouraged to contact the other parent by telephone and e-mail at all reasonable times. B. Physical Custody: 1. Mother shall enjoy primary physical custody of the parties' minor children; and 2. Father shall enjoy periods of partial physical custody as follows: a. Alternating weekends from Friday at 6:00 p.m. from daycare to Sunday at 4:00 p.m. b. Alternating Sundays from 12:00 noon on Sunday until 8:00 p.m. However, Mother shall the right to have seven (7) uninterrupted weekends annually. Mother shall give Father seven (7) days notice ofher intention to maintain custody of the children during those Sundays. c. Such other times as the parties shall mutually agree upon. C. Holidays: The parties shall share the major holidays in accordance with the following plan: a. Thanksgiving. In even numbered years, Mother shall have custody of the children from Wednesday prior to Thanksgiving at 5:00 p.m. until 2:00 p.m. on Thanksgiving Day. Father shall have the children from 2 2:00 p.m. on Thanksgiving Day until Friday at 5:00 p.m. This will reverse in odd numbered years and Father shall have custody of the children from Wednesday prior to Thanksgiving at 5:00 p.m. until 2:00 p.m. on Thanksgiving Day. Mother shall have the children from 2:00 p.m. on Thanksgiving Day until Friday at 5:00 p.m. b. Christmas and Christmas Eve: In odd numbered years, Mother shall have custody of the minor children from 9:00 a.m. December 20 until 11:00 a.m. December 25`h and Father shall have custody of the minor children from 11:00 a.m. December 25 h until 5:00 p.m. December 26th. In even numbered years, Father shall have custody of the minor children from 9:00 a.m. December 24th until 11:00 a.m. December 25th and Mother shall have custody of the minor children from 11:00 a.m. December 25th until 5:00 p.m. December 26th. c. Easter: In odd numbered years, Mother shall have custody of the minor children from 5:00 p.m. the day before Easter through 3:00 p.m. Easter Day and Father shall have custody of the minor children from 3:00 p.m. Easter Day until his next regularly scheduled full period of custody ends. In even numbered years, Father shall have the minor children from 5:00 p.m. the day before Easter Day through 3:00 p.m. Easter Day and Mother shall have custody of the minor children from 3:00 p.m. Easter Day until her next regularly scheduled full period of custody ends. d. Mother's Day and Father's Day: Mother shall always have Mother's Day and Father shall always have Father's Day. These holidays shall be from 9:00 a.m. until 8:00 p.m. the day of that holiday. e. New Years' Day, Memorial Day, Fourth of July and Labor Day. The parties shall alternate all major holidays of New Year's Day, Memorial Day, Fourth of July, and Labor Day. Father shall have New Year's Day and Fourth of July in even years and Mother shall have Memorial Day and Labor Day in even years. In odd years, this schedule shall reverse and Mother shall have New Year's Day and Fourth of July and Father shall have Memorial Day and Labor Day. D. Vacation: Mother and Father shall each have the right to have two (2) nonconsecutive weeks of vacation. Notice of this period of custody must be given to the other parent at least thirty (30) days before the requested period. 3 IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall be entered as a court order with the same force and effect as if a full hearing on this matter has been held. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Esquire Jokeph L. Lesley J, 4 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LESLEY D. IHNAT, Plaintiff v. JONATHAN A. IHNAT, Defendant I 4k MAR 15 A4.41 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 07-301 CIVIL ACTION -LAW DIVORCE/CUSTODY ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, thi4 AN day of 2007, upon consideration of the attached Stipulation for Custody and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Lesley D. Ihnat and Joseph L. Hitchings, Esquire, counsel for Defendant, Jonathan A. Ihnat, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the attached Stipulation for Custody dated March 6, 2007 are adopted as an Order of Court. COURT, J. 3 ! :C Wd 03 8vw LOOZ 1t8111w?3"lU Mar. zU"II 1!:U'2AV MARITAL SETTLEMENT AGREEMENT Nan. /adU P. L THIS AGREEMENT, made this OT of , 2007, by and between Jonathan A. Ihnat, hereinafter referred to as "HUSBAND", and Lesley D. lhnat, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on September 14, 1996, in Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, two (2) children were born of this marriage being Zachary D. Ilinat, born February 17, 2001 and Max D. Ihnat, born August 3, 2003; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, 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 andlor maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable 3/2/2007 consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND has been independently represented by Joseph L. Hitchings, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, including their assets, liabilities and income. Each of the parties acknowledge and agree that, after having received such information and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal Agreement. 3/2/2007 2 2. PERSONAL RIGHTS HUSBAND and WIFE 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 if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. 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. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. It is specifically agreed that HU AND hereby agrees to fore cease all actions of harassment, threats and/or slanderousega ' ns against WIFE and any er persons with f!? whoms?ie associates at Pinnacle: HUSBAND co s that he has no a any report, to Pinnacle, a4 licensing board, or other peer or potenti emplo of WIFE as t what he has alleged is unethical or inappropriate behavior by WIFE r y third party f Pinna e. HUSBAND agr?eesat he will not make any reps to Pinnacl an icensing board, r other peer or pot ``tial emplo of WIFE or an&d party at Pinnac?. %HBAND make such a report, or any third p at Pinnacle shall have the absolute bring suit again HUSBAND and HUSBAND shall, in addition to reimbursing WIFE or the third party any / 3/2/2007 3 ?? actions, including come, to empllTent benefits, etc., shall pay all counsdi(ees incurred ipAleMensle of these actions-,-m-"4udin-a the collection\ \ of all costs for breach of thiNAgreement and enfor?qmenf of this indemnification. 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions promptly upon the expiration of the ninety (90) day period provided for in section 3301(c) of the Divorce Code or on or about April 19, 2007. Upon execution of the Affidavit of Consent and Waivers of Notice, WIFE shall immediately praecipe to finalize the divorce. HUSBAND agrees to cooperate fully in concluding this matter in a timely manner. 3/2/2007 4 5. SUBSEQUENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement shall be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, 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. 3/2/2007 5 IVar. a 1J? ! 1 1 ''J1AW N 0 - / ? H N. S 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each parry hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties, whether now existing or hereafter arising. This shall include causes of action by way of dower, curtesy, widow'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 Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. 8. SU'CCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to 3/2/2007 6 the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE 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. 11. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or 3/2/2007 7 provision of this Agreement. 12. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of the party found to have made the error in filing if the error is the result of an intentional, negligent or reckless act by that party. The party responsible for the error shall suffer the consequences of that action solely and hereby agrees to hold the opposite party harmless from any penalty, interest or liability for such 3/2/2007 reason arising out of the filing or failure to file any past tax return. However, if the liability is the result of a computation error or an error not attributable to the intentional, negligent or reckless conduct of either parry, the parties shall share equally in all future tax liability or tax assessment, penalties and interest. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation, jewelry, clothes, furniture, and other assets. HUSBAND agrees that all assets in the present possession of WIFE shall be the sole and separate property of WIFE and, WIFE agrees that all assets in the present possession of HUSBAND shall be the sole and separate property of HUSBAND. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. 3/2/2007 9 B. REAL ESTATE The parties jointly own property at 309 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania. Said house is encumbered by a mortgage held by National City Mortgage in the approximate amount of ONE HUNDRED FIFTY-EIGHT THOUSAND DOLLARS ($158,000.00). WIFE desires to maintain said home and reside therein. HUSBAND agrees to convey his interest in the real estate to WIFE upon the condition that WIFE refinances the existing mortgage debt and pays to HUSBAND the sum of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00). WIFE has been approved for the refinance and same is scheduled to occur on March 5, 2007. WIFE shall be fully responsible for any past, present and future principal, interest, penalties and costs as well as any taxes, insurance and/or any debts associated with the real estate. HUSBAND agrees to execute a deed simultaneously with the execution of this Agreement wherein he assigns, conveys and transfers to WIFE all of his interest, rights and title in the marital residence. This deed shall be held in escrow by the settlement agent for WIFE and recorded upon the event of WIFE's successful completion of the refinancing of the mortgage debt and the cash payment to HUSBAND of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00). C. MOTOR VEHICLES The parties acquired two (2) vehicles during the marriage being a 2000 Honda Odyssey driven by WIFE and a 1997 Dodge Caravan driven by HUSBAND. The parties agree that each party shall maintain as his or her sole or separate property the vehicle which he or she drives. Each party hereby waives, relinquishes and releases any claim in the vehicle which shall be the 3/2/2007 10 sole and separate property of the other. Neither of these vehicles are presently encumbered by any loan or lien. Each party agrees to promptly coordinate and cooperate in the transfer of titles to the vehicles. D. FINANCIAL ASSETS: The parties acknowledge that the marital financial accounts which existed during the marriage have been divided to the satisfaction of the parties. All jointly titled accounts have been closed. Each party hereby waives, relinquishes and releases any claims to the financial accounts in the possession of the other. E. PENSION AND RETHMENT ACCOUNTS: During the marriage, WIFE accumulated certain retirement benefits through her employment. These benefits consisted of a Pinnacle 401(K) of FIVE THOUSAND NINE HUNDRED SIXTY-FOUR DOLLARS ($5,964.00) and Wellness Resource Center 401(x) Plan of FIFTY-THREE THOUSAND SEVEN HUNDRED FIFTY-THREE and 53/100 DOLLARS ($53,753.53) for a stipulated total benefit of FIFTY-NINE THOUSAND SEVEN HUNDRED SEVENTEEN and 531100 DOLLAS ($59,717.53). The parties agree that this sum shall be divided equally between them and each party shall be entitled to receive the sum of TWENTY- NINE THOUSAND EIGHT HUNDRED FIFTY-EIGHT and 76/100 DOLLARS ($29,858.76). It is further agreed that HUSBAND's half shall be adjusted to deduct his one-half (1/2) share of the marital debt as set forth in SECTION H of this Agreement. Therefore, from HUSBAND'S share of these retirement assets, a deduction shall be made of FOUR THOUSAND NINE 3/2/2007 11 HUNDRED FIFTY DOLLARS ($4,950.00) for his contribution to the marital debt. HUSBAND shall receive the sum of TWENTY-FOUR THOUSAND NINE HUNDRED EIGHT and 76/100 DOLLARS ($24,908.76). This sum shall be transferred to HUSBAND pursuant to a Qualified Domestic Relations Order or similar authorized method to effectuate a tax free rollover so that said transfer shall not result in the imposition of any tax liability to either parry. HUSBAND agrees to indemnify and hold WIFE harmless from any such tax penalty or liability. Counsel for HUSBAND shall be responsible for preparing the documents necessary for the transfer of the sum of TWENTY-FOUR THOUSAND NINE HUNDRED EIGHT and 76/100 DOLLARS ($24,908.76) from the Wellness Resource Center 401(K) Plan. After this transfer, all monies in the Pinnacle Plan as well as all remaining monies in the Wellness Center Resource Plan accounts shall be the sole and separate property of WIFE. HUSBAND warrants that he has earned no retirement or other deferred employment benefits during the marriage. F. INSURANCE Each parry shall retain ownership of any life insurance policy in his or her name. However, each party further agrees to name each child as beneficiary of a life insurance with a minimum benefit value of FIFTY THOUSAND DOLLARS ($50,000.00) per child. Each policy shall be carried at the sole cost of the owner and shall remain in full force and effect by each parent until the child reaches the age of twenty-one (21) years, at which time this obligation for that child shall terminate. It is agreed that while the child is less than twenty-one (21) years of 3/2/2007 12 age, the other parry shall be named as trustee for the benefits of the child up to designated minimum sum of FIFTY THOUSAND DOLLARS ($50,000.00) so that said parent can utilize this sum for the support and needs of the children upon the death of the other parent. 2. DEBTS Each parry represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. The parties confirm that no joint credit cards or obligation exist. Each parry shall hereafter be responsible for any credit cards or loans titled in his or her individual name. WIFE shall be liable and responsible for all debt included on her individually titled Bank of America. Credit Card and HUSBAND shall be responsible for all debt included on his individually titled MBNA Card. Each party agrees to indemnify and hold the other harmless against the assumed debt. The parties acknowledge that they have divided the total marital debt due at the time of separation equally between them and that the adjustment to compensate WIFE for the additional debt due and owing on her credit card is reflected in the reduction of the retirement rollover to HUSBAND pursuant to Section (11)(1)(E.) above. 3/2/2007 13 To the best of the parties' knowledge, the parties affirm no other joint debts exist and all joint credit cards are terminated. SECTION III 1. ALIMONY, ALIMONY PENDENTE LITE, SUPPORT, MAINTENANCE AND COUNSEL FEES Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony, alimony pendente lite or counsel fees. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony, alimony pendente lite, maintenance or counsel fees. SECTION IV CHILD SUPPORT AND CUSTODY 1. CHILD SUPPRT The parties agree to enter into a Stipulation in the form attached hereto as Exhibit "A" which shall provide for the entry of an order at Domestic Relations for support of the children in the amount of ONE THOUSAND THREE HUNDRED SIX and 551100 DOLLARS ($1,306.55). This Order shall be subject to periodic review by Domestic Relations upon petition by either party. 3/2/2007 14 2. CHILD CUSTODY The parties agree to enter into a Stipulation in the form attached hero as Exhibit "B" which shall proceed of the entry of a stipulated order of custody. SECTION V 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. 3/2/2007 15 COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Jonathan A. Ihnat, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. My commission expires: Affirmed and subscribed to before me this 9 day of L, 2007. s Public (SEAL) Commission e1 R., 2Pi?n Cow Pies Dec. n, 20M COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF CUMBERLAND ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Lesley D. Ihnat, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. an ' ubscribed to before me this ? day o$?GrG 2007. OTAR UBLIC (SEAL) No%RL&L SEAL N BARBARA SUMPLE-SU7RG Notary PUbUC N?CUMBERLAND CCOH MY Commission ExpireS N5.2007 3/2/20 07 16 EXHIBIT "A" Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LESLEY D. IHNAT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : DOMESTIC RELATIONS SECTION : CIVIL ACTION -SUPPORT JONATHAN A. IHNAT, : Docket Number Defendant : PACSES Case Number ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this day of . , 2007, upon consideration of the attached Stipulation and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Lesley D. Ihnat and Joseph L. Hitchings, Esquire, counsel for Defendant, Jonathan A. Ihnat, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the attached Stipulation are adopted as an Order of Court. BY THE COURT, J. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 LESLEY D. IHNAT, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : DOMESTIC RELATIONS SECTION : CIVIL ACTION -SUPPORT JONATHAN A. IHNAT, : Docket Number Defendant : PACSES Case Number STIPULATION FOR ENTRY OF ORDER This Agreement is made this day of March, 2007, by and between Lesley D. Ihnat (hereinafter referred to as "Mother") and Jonathan A. Ihnat (hereinafter referred to as "Father"). WITNESSETH: WHEREAS, the parties are the natural parents of two (2) minor children, being Zachary D. Ihnat, born February 17, 2001 and Max D. Ihnat, born August 3, 2003; WHEREAS, the parties have reached an agreement regarding child support for the children and desires that said agreement be entered as an Order of Court; NOW THEREFORE, the parties do set forth the terms of their agreement as follows: 1. Effective February 1, 2007, Father shall pay to Mother the sum of ONE THOUSAND THREE HUNDRED SIX and 551100 DOLLARS ($1,306.55) as monthly support for the minor children. This sum shall be paid in weekly payments of THREE HUNDRED ONE and 51/100 DOLLARS ($301.51). The payments shall be made by wage attachment through Father's employment at USF Holland, Inc., which company has its corporate office of 750 East 40"' Street, Holland Michigan 49423. Until the wage attachment is in effect, Father shall pay said sums directly to Domestic Relations. Mother authorizes a credit against the arrearage of EIGHT HUNDRED TWENTY-FIVE DOLLARS ($825.00) for prior payments. If the account becomes in arrears, the order amount shall increase by $20.00 per pay until the arrears are in fact fully satisfied. 2. Mother shall continue to carry medical insurance on the children. 3. Mother shall be responsible for payment of all child care costs for the children. 4. After Mother has paid the first $250.00 per year in unreimbursed medical expenses, the parties shall share the remainder of the expenses with Mother paying 55% of those costs and Father paying 45% of those costs. 5. The parties acknowledge and agree that the terms of this Order shall be entered as a final Order of Court. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Date: , 2007 Barbara Sumple-Sullivan, Esquire Lesley D. Ihnat Attorney for Plaintiff Date: , 2007 Joseph L. Hitchings, Esquire Jonathan A. Ihnat Attorney for Defendant EXHIBIT "B" Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LESLEY D. IHNAT, Plaintiff v. JONATHAN A. IHNAT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: CIVIL ACTION -LAW CUSTODY ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this day of , 2007, upon consideration of the attached Stipulation for Custody and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Lesley D. Ihnat and Joseph L. Hitchings, Esquire, counsel for Defendant, Jonathan A. Ihnat, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the attached Stipulation for Custody dated , 2007 are adopted as an Order of Court. BY THE COURT, J. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LESLEY D. IHNAT, Plaintiff v. JONATHAN A. IHNAT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: CIVIL ACTION -LAW CUSTODY STIPULATION REGARDING CUSTODY THISAGREEMENT is made this day of , 20071, by and between Lesley D. Ihnat, (hereinafter referred to as "Mother") an adult individual residing at 309 Allenview Drive, Mechanicsburg, Pennsylvania 17055, and Jonathan A. Ihnat, (hereinafter referred to as "Father") an adult individual residing at 572 Lester Court Harrisburg, Pennsylvania 17113. WITNESSETH: WHEREAS, Mother and Father are the natural parents of two (2) minor children, being Zachary D. Ihnat, born February 17, 2001 and Max D. Ihnat, born August 3, 2003; WHEREAS, Mother and Father desire to set forth their agreement concerning the parenting plan established for their children; 1 NOW THEREFORE, the parties intending to be legally bound, do agree as follows: A. Legal Custody: The parties shall share legal custody of their children. The parties agree that major decisions concerning the children's health, welfare, education, religious training and upbringing shall be made by the parents j ointly, after discussion and consultation with each other, with a view towards obtaining and following a harmonious policy to arrive at a decision that is in the children's best interest. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each party agrees not to impair the other parties' right to share legal custody of the children. Further, each party agrees to give support to one another in the role as parents and to take into account the consensus of the other parent for the physical and emotional well being of the children. The parties agree not to either attempt or alienate the affections of the children for the other parent. Each party shall notify the other of any activity that could reasonably be expected to be of significant concern to the other. The parties agree that the children will be encouraged to contact the other parent by telephone and e-mail at all reasonable times. B. Physical Custody: 1. Mother shall enjoy primary physical custody of the parties' minor children; and 2. Father shall enjoy periods of partial physical custody as follows: a. Alternating weekends from Friday at 6:00 p.m. from daycare to Sunday at 4:00 p.m. b. Alternating Sundays from 12:00 noon on Sunday until 8:00 p.m. However, Mother shall the right to have seven (7) uninterrupted weekends annually. Mother shall give Father seven (7) days notice ofher intention to maintain custody of the children during those Sundays. c. Such other times as the parties shall mutually agree upon. C. Holidays: The parties shall share the major holidays in accordance with the following plan: a. Thanksgiving. In even numbered years, Mother shall have custody of the children from Wednesday prior to Thanksgiving at 5:00 p.m. until 2:00 p.m. on Thanksgiving Day. Father shall have the children from 2 2:00 p.m. on Thanksgiving Day until Friday at 5:00 p.m. This will reverse in odd numbered years and Father shall have custody of the children from Wednesday prior to Thanksgiving at 5:00 p.m. until 2:00 p.m. on Thanksgiving Day. Mother shall have the children from 2:00 p.m. on Thanksgiving Day until Friday at 5:00 p.m. b. Christmas and Christmas Eve: In odd numbered years, Mother shall have custody of the minor children from 9:00 a.m. December 24,' until 11:00 a.m. December 25 h and Father shall have custody of the minor children from 11:00 a.m. December 25 h until 5:00 p.m. December 26th. In even numbered years, Father shall have custody of the minor children from 9:00 a.m. December 24th until 11:00 a.m. December 25 h and Mother shall have custody of the minor children from 11:00 a.m. December 25th until 5:00 p.m. December 26th. c. Easter: In odd numbered years, Mother shall have custody of the minor children from 5:00 p.m. the day before Easter through 3:00 p.m. Easter Day and Father shall have custody of the minor children from 3:00 p.m. Easter Day until his next regularly scheduled full period of custody ends. In even numbered years, Father shall have the minor children from 5:00 p.m. the day before Easter Day through 3:00 p.m. Easter Day and Mother shall have custody of the minor children from 3:00 p.m. Easter Day until her next regularly scheduled full period of custody ends. d. Mother's Day and Father's Day: Mother shall always have Mother's Day and Father shall always have Father's Day. These holidays shall be from 9:00 a.m. until 8:00 p.m. the day of that holiday. e. New Years' Day, Memorial Day, Fourth of July and Labor Day. The parties shall alternate all major holidays of New Year's Day, Memorial Day, Fourth of July, and Labor Day. Father shall have New Year's Day and Fourth of July in even years and Mother shall have Memorial Day and Labor Day in even years. In odd years, this schedule shall reverse and Mother shall have New Year's Day and Fourth of July and Father shall have Memorial Day and Labor Day. D. Vacation: Mother and Father shall each have the right to have two (2) nonconsecutive weeks of vacation. Notice of this period of custody must be given to the other parent at least thirty (30) days before the requested period. 3 IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall be entered as a court order with the same force and effect as if a full hearing on this matter has been held. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: WITNESSED: Barbara Sumple-Sullivan, Esquire Lesley D. Ihnat Joseph L. Hitchings, Esquire Jonathan A. Ihnat 4 r-3 j.. W Ly IN Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Petitioner LESLEY D. IHNAT, Plaintiff V. JONATHAN A. IHNAT, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 301 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service dated January 19, 2007. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: April 20, 2007; by Defendant: April 20, 2007. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated March 2, 2007 and incorporated, but not merged, into the Decree. See paragraph 5, page 5 of the Agreement. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with Prothonotary: April 20, 2007. Date Defendant's Waiver of Notice in §3? Divorce was filed with Prothonotary: April 20, 2007. Dated: April 20, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LESLEY D. IHNAT, IN THE COURT OF COMMON PLEAS Plaintiff V. JONATHAN A. IHNAT, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 301 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 17, 2007. 2. The marriage of the Plaintiff' and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: April 20, 2007 [Auj"to o LESLEY D. IHN C? a O ?J -n 7C LV- 2? ? ;;o w O r1a Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LESLEY D. IHNAT, IN THE COURT OF COMMON PLEAS Plaintiff V. JONATHAN A. IHNAT, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 301 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authorities. DATE: April 20, 2007 y aj LESLEY D. 1H "A ? o r y ,r -1 y 0 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LESLEY D. IHNAT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JONATHAN A. IHNAT, Defendant NO. 07 - 301 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 17, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C. S.A. Section 4904 relating to unsworn falsification to authorities. 4- DATE: April 20, 2007 ONATHAN A. NAT r? go Q ;=,, c ? -tea f`? ?? N ..c Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LESLEY D. IHNAT, IN THE COURT OF COMMON PLEAS Plaintiff V. JONATHAN A. IHNAT, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 301 : CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authorities. DATE: April-, 20, 200 JO ATHAN A. IHNA -CPO z ? j Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Petitioner LESLEY D. IHNAT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07 - 301 JONATHAN A. IHNAT, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Joseph L. Hitchings, Esquire McShane & Hitchings Law Office 4807 Jonestown Road, Suite 148 Harrisburg, PA 17109 DATED: April 20, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff n r-?3 a N iV ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. LESLEY D. IHNAT, Plaintiff No. 07 - 301 VERSUS JONATHAN A. IHNAT, Defendant DECREE IN DIVORCE AND NOW, 2007 DECREED THAT LESLEY D. IHNAT AND JONATHAN A. IHNAT 00-V;1.00. , IT IS ORDERED AND , PLAINTIFF, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 7 DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated March 2, 2007 and incorporated, but not merged, into the Decree. PROTHONOTARY b - ,,.` G :rlvZ????`' ,_. _ _ ^? f j??}f ...may"} ?y? I ?7 l as t+L h.. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LESLEY D. IHNAT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JONATHAN A. IHNAT, Defendant NO. 07 - 301 CIVIL ACTION -LAW IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAME NOTICE is hereby given that Plaintiff in the above-captioned matter, having been granted a final decree in divorce on the 25`h day of April, 2007, hereby intends to resume and hereafter use the previous name of Lesley P. Davis and gives this written notice avowing her intention in accordance with the provisions of the Act of 54 Pa. C.S. §704. TO BE KNOWN AS: COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF CUMBERLAND On this, the day of ::J-UN , 2007 before me, a Notary Public, the undersigned officer, personally appeared Lesley D. Ihnat, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the foregoing Notice of Intention to Resume Prior Name for the purposes contained therein. SS WHEREOF, I hereunto set my hand and official seal. My Commission (SEAL) ? Q -- --?`. 4Q? i : -Ell ..: co V "? . - >. Howard B. Krug, Esquire ID #16826 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 hkruge-pkh.com LESLEY D. IHNAT, now known as LESLEY P. IHNAT, Plaintiff V. JONATHAN A. IHNAT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-301 CIVIL ACTION - LAW IN DIVORCE MOTION FOR ENTRY OF A QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, comes Movant, Jonathan A. Ihnat, by and through his counsel, Purcell, Krug & Haller, and avers the following: 1. Movant is Jonathan A. Ihnat, Defendant in the above captioned divorce action. 2. Respondent is Lesley P. Ihnat, Plaintiff in the above captioned divorce action. 3. Pursuant to a Marital Settlement Agreement signed by the parties, Mr. Ihnat is to receive a portion of Respondent's Pinnacle Health System 403(b) Tax Sheltered Savings Plan. 4. The parties have agreed to the terms of a Qualified Domestic Relations Order distributing this asset, as evidenced by their signatures on the proposed stipulated order attached to this Motion. 5. Counsel for Respondent concurs with this Motion. WHEREFORE, Movant, Jonathan A. Ihnat, respectfully requests this Honorable Court to enter the attached stipulation as an Order of Court. PURCELL, KRUG By Hmi fd B. K ID #1 1719 North Front Street Harrisburg, PA 17102 717 234-4178 Attorney for Jonathan A. Ihnat Date: 9/t4/by CERTIFICATE OF SERVICE I, Angela S. Shaffer, employee for the law firm of Purcell, Krug & Haller, counsel for Movant, Jonathan A. Ihnat, hereby certify that service of the foregoing Motion for Entry of Qualified Domestic Relations Order was made on the following via regular mail on September 24, 2008: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Attorney for Movant/Defendant J. &:?ff A Ang la S. Shaffer r7 ,,., C r::', _ i " ? C? ? r ?- .) ?; .,? {c,; Wit:; C4` ? :? - -._.. }tti t ? ,?? ? -Y"Jc7 .... ., ,' SFP 2 6 ZOOd LESLEY D. IHNAT, now known as LESLEY P. DAVIS, Plaintiff V. JONATHAN A. IHNAT Defendant IN THE COURT OF COMMON PEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO- 2007-301 QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this ag* day of 1v? , 2008, it is hereby ordered as follows: 1. Effect of This Order as a Qualified Domestic Relations Order: This Order creates and recognizes the existence of an Alternate Payees right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is qualified under Section 401 of the Internal Revenue Code (the "Code°) and the Employee Retirement income Security Act of 1974 ("ERISA"). It is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the Code and Section 206(d) of ERISA. 2. Participant Information:The name, last known address, birth date, and Social Security number of the plan "Participant" are: Name: Lesley P. Davis, formerly known as Lesley D. Ihnat Address: 309 Allenview Drive, Mechanicsburg, PA 17055 Social Security Number: 140-60-2613 Birth Date: March 4, 1969 3. Alternate Payee Information: The name, last known address, Social Security number, and date of birth of the "Alternate Payee" are: Name: Jonathan A. Ihnat Address: 22 W. Willow Terrace, Mechanicsburg, PA 17050 Social Security Number, 203-58-6982 Birth Date: May 12, 1964 The Alternate payee shall have the duty to notify the Plan Administrator in writing of any changes in his mailing address subsequent to the entry of this Order. 4. PlanmNae-- The name of the Plan to which this Order applies is the Pinnacle Health System 403(b) Tax Sheltered Savings Plan (hereinafter referred to as "Plan"). Further, any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred, shall also be subject to the terms of this Order. Also, any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in the Plan Administrator, Plan Sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 5. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the Commonwealth of Pennsylvania. 6. For provision of Marital Property Rights: This Order relates to the provision of marital property rights and/or spousal support to the Alternate Payee as a result of the Order of Divorce between Participant and Alternate Payee. 7. Amount of Altemate Payee's Benefit: Amount of Altemate Payee's Benefit This Order assigns to Alternate Payee a portion of Participant's Total Account Balance under the Plan in an amount equal to Twenty-Four Thousand Nine Hundred Eight Doliam and Seventy-Six Cents ($24,908.76). Establishment of New Account(s): The Alternate Payee's share of the benefits described above shall be segregated as soon as resonably practicable following the issuance of this Order (the "Assignment Date") and shall be separately maintained in Account(s) established on his behalf which shall be allocated any and all interest and investment income or losses attributable thereon from the Assignment Date until the date of total distribution to the Alternate Payee. Allocation of Benefits. The Alternate Payee's share of the benefits shall be allocated on a "pro rata° basis among all of the Participant's accounts maintained on her behalf under the Plan. Investment Eamings Once the Alternate Payee's assigned share of the benefits is determined above, he shall also be allocated any and all interest and investment earnings or losses attributable thereon for periods subsequent to the Assigment Date until the date of the total distribution. 8. Commencement Date and Form of Payment to Alternate Pavee: If the Alternate Payee so elects, he shall be paid his benefits as soon as administratively feasible following 2 the date this Order is approved as a QDRO by the Plan Administrator, or at the earliest date permitted under the Plan or Section 414(p) of the Internal Revenue Code, if later. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to participants and alternate payees under the terms of the Plan, including, but not limited to, a single lump-sum cash payment. 9. Altemate Payee's Rights and Privileges: On and after the date that this Order is deemed to be a Qualified Domestic Relations Order, but before the Alternate Payee receives his total distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the rules regarding the right to designate a beneficiary for death benefit purposes and the right to direct Plan Investment, only to the extent permitted under the provisions of the Plan. 10. Death of Alternate Payee: In the event of Alternate Payee's death prior to Alternate Payee receiving the full amount of benefits called for under this Order and under the benefit option chosen by Alternate Payee, such Alternate's Payee's beneficiary(ies), as designated on the appropriate form provided by the Plan Administrator (or in the absence of a beneficiary designation, his estate), shall receive the remainder of any unpaid benefits under the terms of this Order. 11. Death of Participant: In the event that the Participant dies before the Assignment Date, such Alternate Payee shall be treated as the surviving spouse of the Participant for any death benefits payable under the Plan to the extent of the full amount of his benefits as called for under Paragraph 7 of this Order. Should the Participant predecease the Alternate Payee after the Assignment Date, such Participants death shall in no way affect Alternate Payee's right to the portion of his benefits as stipulated herein. 12. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: (a) to provide any type of form of benefit option not otherwise provided under the terms of the Plan; (b) to require the Plan to provide increased benefits determined on the basis of actuarial value; or (c) to require the payment if any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order which was previously deemed to be a QDRO. 13. Qerdfication of Necessary Information: All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties to make the necessary calculation of the benefit amounts contained herein. 14. Tax Treatment of Distributions Made UnderThis Order: For purposes of Sections 402(a)(1) and 72 of the Internal Revenue Code, Alternate Payee, who is the 3 spouse or former spouse of the Participant, shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income taxes on such distribution. 15. Inadvertent Payment(s) to the Plan Participant: In the event that the Plan Trustee inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately return such payments to the Plan Administrator. Upon receipt of the repayment, the Plan Administrator shall issue an amended Form 1099 to the Participant so that she is not liable for any income taxes associated with the Alternative Payee's assigned share of the benefits. 16: Continued Jurisdiction: The court shall retain jurisdiction to establish and/or maintain the qualified status of this Order as a QDRO under ERISA, and to effectuate the original intent of the parties as stipulated herein. The court shall also retain jurisdiction to enter such further orders that are just, equitable and necessary to enforce, secure and sustain the benefits awarded to the Alternate Payee, in the event that the Participant and/or the Plan Administrator fail to comply with any or all of the provisions contained herein. Such further orders may also include, but not be limited to, nuns pro tune orders or orders that nrecharacterize" the benefits awarded under this Plan to apply to benefits earned by the Participant under another plan, as applicable, or orders that award spousal or child support, to the extent necessary to carry out the intentions and provisions of this Order. 17. Plan Termination: In the event of a Plan termination, the Alternate Payee shall be entitled to receive his portion of Participant's benefits as stipulated herein in accordance with the Plan's termination provisions for participants and beneficiaries. 18. Actions by Participant: The Participant shall not take any action, affirmative or otherwise, that can circumvent the terms and provisions of this Qualified Domestic Relations Order, or that could diminish or extinguish the rights and entitlements of the Alternate Payee as set forth herein. Should the Participant take any action or inaction to the detriment of the Alternate Payee, she shall be required to make sufficient payments directly to the Alternate Payee to the extent necessary to neutralize the effects of her actions or inactions and to the extent of his full entitlements hereunder. 9/2 ?T- Date K formerly know as Date 4 IT IS SO ORDERED. Judge Distribution: Howard B. Krug, Esquire 1719 N. Front Street, Harrisburg, PA 17102 v-"Barbara Sumple-Sullivan, Esquire 549 Bridge Street, New Cumberland, PA 17070 Co 4es .rsa'LL 10/i/Dg 4no 00 :S W)v Z- 130 HE