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HomeMy WebLinkAbout02-4866LAWRENCE M. BLOTZER, Plaintiff, V. ANGELA BLOTZER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: O:Z -J/XL CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for another claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, 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 (717) 249-3166 LAWRENCE M. BLOTZER, Plaintiff, V. ANGELA BLOTZER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: t7.Z ''?/la l: t U l.?£21? 1 CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Lawrence M. Blotzer, by and through his attorneys, Mancke, Wagner & Tully, and files the following Complaint in Divorce: 1. The Plaintiff, Lawrence M. Blotzer, is an adult individual currently residing at 3827 Pamay Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant, Angela Blotzer, is an adult individual currently residing at 3827 Pamay Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have both been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months prior to the filing of this Complaint. 4. Plaintiff and Defendant are husband and wife having been married May 21, 1978, in Seoul, Korea. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. Neither Plaintiff nor Defendant are members of the Armed Forces of the United States or any of its Allies. 7. Plaintiff has been advised of the availability of counseling and that he has the right to request that the Court require both parties to participate in counseling. 8. Plaintiff avers as grounds on which this action is based are: A. That the marriage is irretrievably broken pursuant to §3301(c) of the Divorce Code; B. As of April 4, 2003, the parties will have been living separate and apart for a period of at least two (2) continuous years. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree in Divorce. -2- COUNTI EQUITABLE DISTRIBUTION 9. Paragraphs 1 through 7 above are incorporated herein by reference and made a part hereof. 10. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Section 401 of the Divorce Code of 1980. Respectfully submitted, Mancke, Wagner & Tully By i 1?: card agner, Esquire H'##`23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Plaintiff Date: 01 y?6 -3- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE : U se-pt oZ O O Z vl r P'J 7 c- ? 1 - r, v LAWRENCE M. BLOTZER Plaintiff V. ANGELA BLOTZER Defendant : IN THE COURT OF COMMON PLEAS : CUMBEF:LAND COUNTY, PENNA. NO. 02 - 4866 CIVIL TERM CIVIL ACTION - LAW DIVORCE DFFENDANTIS ANSWER AND COUNTERCLAIM AND NOW, comes Defendant, Angela Blotzer, by and through her attorney, James W. Abraham, Esquire,. Abraham Law Offices, Harrisburg, Pennsylvania, and files the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. A. Admitted. B. Admitted and Denied. It is admitted that Defendant and Plaintiff have been living separate and apart, however, it is denied that they will have done so for two (2) consecutive years as of April 4, 2003. 9. Pararaph 9 of the Complaint: is an incorporation paragraph to which no response is required. 10. Admitted. COUNTERCLAIM ALIMONY ALIMONY PENDENT LITE COUNSEL FEES 11. Defendant's answers to paragraphs 1 through 10 are incorporated herein by reference. 12. Defendant has insufficient funds to support herself in accordance with the standard of living the parties established during the marriage through appropriate employment. 13. Plaintiff has had steady employment and substantial income, and/or earning capacity for substantial income, well in excess of Defendant, from which he is able to contribute to the support and maintenance of Defendant and to pay alimony 4k to Defendant in accordance with the Divorce Code of Pennsylvania. 14. Defendant is without sufficient funds to support herself and is unable to appropriately maintain herself during the course of this litigation and the pendency of this action, and Plaintiff's substantial income enables Plaintiff to pay alimony pendente lite to Defendant in accordance with the Divorce Code of Pennsylvania. 15. Defendant is without sufficient funds to retain and/or continue to retain counsel to represent her in this matter; and without competent counsel, Defendant cannot adequately prosecute her claims against Plaintiff and adequately litigate her rights in this matter. 16. Plaintiff enjoys a substantial income and is well able to pay Defendant's attorney fees and the costs and expenses of the litigation hereto. WHEREFORE, Defendant requests Your Honorable Court to award Defendant alimony and alimony pendente lite, in an amount which is reasonable and adequate to support. and maintain Defendant in the station of life to which she has become accustomed during the marriage and during the litigation of this action; and award Defendant attorney fees and expenses hereto. Respectfully submitted: "4?4? James W. Abraham, Esq. Abraham. Law Offices 2157 Market St. Camp )Jill, PA 17011 (717) 763-1700 Attoi}Py for Defendant Ange a Blotzer DATE: 12/6/02 VERIFICATION If 774W6 the undersigned, hereby verify and confirm that I have reviewed the foregoing document and the statements therein are true and correct to the best of my knowledge, information and belief. I further understand that any false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE : CERTIFICATE OF SERVICE I, James W. Abraham, Esquire, the undersigned, hereby certify that I have served a true and correct copy of the foregoing document upon the following person at the following address on the date indicated below: P. Richard Wagner, Esq. Mancke Wagner 2233 North Front St. Harrisburg, PA 17110 DATE: 12/6/02 James W. Abraham, Esquire C O3 ww ?i , ?s 7 -T-1 I f1 M1l17 CTi t ' C-7 ?? CU '..7FY1 ?, : IN THE COURT OF COMMON PLEAS LAWRENCE M. BLOTZER :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, :NO. 02-4866 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE ANGELA BLOTZER Defendant. INVENTORY OF LAWRENCE-M. BLOTZER Plaintiff/Defendant 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 (3) years. Plaintiff/Defendant 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. Date: 1 'Z.l 6 2 ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (X) 1. Real Property (X) 2. Motor vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of Deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market ( ) 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 a company) ( ) 16. Employment termination benefits - severance pay, workman's compensation claim/award ( ) 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) 19. Retirement plans, Individual. Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. Military/V.A. benefits ( ) 23. Education benefits 24. 25 Debts due, including loans, mortgages held . Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any person as of the date of separation: ITEM NO. DESCRIPTION: Home, 3827 Pamay Dr., Mechbg. PA VALUE:$275,900 DATE OF VALUATION JUne 5, 2001 NON-MARITAL PORTION: AMOUNT/NATURE OF LIEN(S): $188,552/Mortgage (as of 11/02 ITEM NO. DESCRIPTION:2000 Toyota Camry CE VALUE: $11,550 DATE OF VALUATION Nov. 24, 2002 NON-MARITAL PORTION: AMOUNT/NATURE OF LIEN(S): ITEM NO. DESCRIPTION: 1996 Mercury Villager, GS VALUE: $6,375 DATE OF VALUATION Nov. 24, 2002 NON-MARITAL PORTION: AMOUNT/NATURE OF LIEN(S): ITEM NO. DESCRIPTION: Checking Acct. VALUE: $1,400.10 DATE OF VALUATION NON-MARITAL PORTION: Dec. 4, 2002 AMOUNT/NATURE OF LIEN(S): ITEM NO. DESCRIPTION: Savings Accounts VALUE: $2,780 DATE OF VALUATION Nov. 24, 2002 NON-MARITAL PORTION: AMOUNT/NATURE OF LIEN(S): ITEM NO. DESCRIPTION: Money Market Account VALUE: $3,044.28 DATE OF VALUATION Nov. 25, 2002 NON-MARITAL PORTION: AMOUNT/NATURE OF LIEN(S): ITEM NO. DESCRIPTION: Household Furnishings VALUE: $25,000 DATE OF VALUATION Nov. 24, 2002 NON-MARITAL PORTION: AMOUNT/NATURE OF LIEN(S): ITEM NO. DESCRIPTION: IRA's VALUE: $49,329 DATE OF VALUATION Sept. 30, 2002 NON-MARITAL PORTION: AMOUNT/NATURE OF LIEN(S): ITEM NO. DESCRIPTION: Thrift Savings Plan - Retirement VALUE: 86,348 DATE OF VALUATION 10/31/02 NON-MARITAL PORTION: AMOUNT/NATURE OF LIEN(S): $3,027/College Loan o n Tp -I i rn f j C-3 -z 1 va ` ?i Yes LAWRENCE M. BLOTZER, Plaintiff VS. ANGELA BLOTZER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4866 CIVIL ACTION-LAW IN DIVORCE PRAECIPE FOR WITHDRAWALIENTRY OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel of record on behalf of Plaintiff Lawrence M. Blotzer Respectfully submitted, DATE: . R' agner, Esquire ttomey ID No.: 23103 2233 North Front Street Harrisburg, PA 1',110 (717) 234-7051 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance to represent Plaintiff Lawrence M. Blotzer, in the above- captioned action. DATE: Respectfully submitted, REAGER & ADLER, PC D emsonX( antor, Esquire Attorn ID 166378 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Y 6 [a _ r:ry?,-', r ]C+ MF= v, C7 c }}? Sl: -0 i W ry LAWRENCE M. BLOTZER, Plaintiff VS. ANGELA BLOTZER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 4866 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of 2004, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on December 21, 2004,* the date set for a Master's hearing, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, Geo g e P. cc: bra A. Denison Cantor Attorney for Plaintiff ,games W. Abraham Attorney for Defendant * The agreement leaves open for future adjudication, if necessary, the tangible personal property issues. Therefore, the Master reserves jurisdiction over the tangible personal i t • ? 1 ? r? ?? ?? '?'? v •- ' -- --? i ; -? - property issues until a final resolution of those issues by settlement or hearing by the Master, if requested by the parties. LAWRENCE M. BLOTZER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02 - 4866 CIVIL ANGELA BLOTZER, Defendant IN DIVORCE THE MASTER: Today is Tuesday, December 21, 2004. This is the date set for a Master's hearing in the above captioned divorce proceedings. Present in the hearing room are the Plaintiff, Lawrence M. Blotzer, and his counsel Debra A. Denison Cantor, and the Defendant, Angela Blotzer, and her counsel James W. Abraham. The parties were married on May 21, 1978, and separated April 5, 2001. They are the natural parents of two children, both of whom are emancipated. The complaint in divorce was filed on October 4, 2002, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. The parties are going to sign affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301{c} of the Domestic Relations Code. The affidavits and waivers will be given to the Master's office today and the Master's office will file the affidavits and waivers with the Prothonotary office. 1 On December 6, 2002, the Defendant filed a counterclaim raising on her behalf issues of alimony, alimony pendente lite, and counsel fees. After extensive negotiations, previously and today, the Master has been advised by counsel that the parties have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Later this morning the parties and counsel will return to review the draft of the agreement for typographical errors, make any corrections as necessary, and affix their signatures affirming the terms of settlement as stated on the record. It is understood, however, that even though the parties do not subsequently sign the agreement, they are bound by the substantive terms of the agreement as stated on the record when they leave the hearing room today. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. It is further understood that the decree 2 in divorce will preserve for further adjudication, if necessary, the issue of the tangible personal property. The Master can be reappointed specifically on the personal property issues if they cannot be settled between the parties. Ms. Denison Cantor. MS. DENISON CANTOR: 1. The parties previously sold their marital home and divided the proceeds of that home by mutual agreement. 2. Wife shall receive husband's Thrift Savings Plan with a present value of $98,297.00. 3. Wife shall receive husband's Vanguard IRA, Account No. 003919037 with a current balance of $51,460.00. 4. Each party shall retain their respective vehicles. Husband shall retain the 2000 Toyota Camry with a value of $11,500.00. Wife shall retain the 1996 Villager with a value of $6,300.00. 5. Husband shall retain the Vanguard money market account with a value of $3,000.00. 6. Wife shall retain the Waypoint checking and savings accounts with a value of $4,100.00. 7. Husband is the owner of a CSRS pension plan. Wife shall be entitled to receive 190 of the pension earned as of April 4, 2001. The intent of this agreement is to effectuate a 55% division of the assets, therefore, wife shall be receiving approximately $91,000.CO of husband's pension. Husband agrees to bear responsibility for the preparation of the QDRO to effectuate said transfer. 8. Wife shall be responsible for effectuating the roll over of the Vanguard IRA. Husband shall bear responsibility for transferring the TSP to wife. 9. All claims for counsel fees and costs are waived. 10. The parties are specifically reserving the right to value and/or litigate the issue of tangible personal property. The parties agree to exchange inventories of the 3 personal property at issue within 30 days of this date. If they are unable to resolve this matter, either party may reappoint the Master in order to have this issue determined. 11. Beginning the first day of the month, following the entry of the divorce decree and continuing thereafter, husband agrees to pay the amount of $1,800.00 monthly in alimony to wife. Said amount shall be tax deductible to husband and includable to wife's income. Said amount is modifiable but shall automatically be reviewable upon husband's retirement from the federal government. Alimony is terminable upon the death of either party, the remarriage or cohabitation of wife as defined by statute and supporting case law. 12. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of -:he marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other'; estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MS. DENISON CANTOR: Larry, were you present and did you hear clearly the agreement as I dictated it? MR. BLOTZER: Yes. MS. DENISON CANTOR: And do you agree to that? MR. BLOTZER: Yes. MR. ABRAHAM: Angela, did you hear the agreement dictated today? MS. BLOTZER: Yes. 4 MR. ABRAHAM: Do you have any questions? MS. BLOTZER: No. MR. ABRAHAM: Do you understand the terms and conditions of this agreement? MS. BLOTZER: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: D eD =A.-Denison Cantor t for Plaintiff o-A James W. Abra m Attorney for Defendant AAW AX Lawrence M. Blo zer (??4 &", . - Angela otter 5 LAWRENCE M. BLOTZER, : IN THE COURT OF COMMON PLEAS Plaintiff . COUNTY, PENNSYLVANIA V. NO. 02-+BBfr 4 (&6( ANGELA BLOWER CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under section 3301(c) of the Divorce Code was filed on ctober 4, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) ays have elapsed from the date of filing and service of the Complaint. 1 I consent to the entry of a final decree of divorce after service of notice of intention td request entry of the decree. l I verify that the statements made in this affidavit are true and correct. I understand t t false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsi 'cation to authorities. Dated: id , LAWRENCE M. BLOTZER ?-? ?- .? --1 i -i ?' ._ = 7 _ ( ? !? (? tf° LAWRENCE M. BLOTZER, Plaintiff V. ANGELA BLOTZER, Defendant IN THE COURT OF COMMON PLEAS COUNTY, PENNSYLVANIA NO. 02-45796- 46th CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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. 3. I understand that I will not be divorced until a Divorce Decree is entered by Court and that a copy of the Decree will be sent to me immediately after it is tiled with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to falsification to authorities. DATE: J? pZ1-D Y ,,? AWRENCE BLOTZER { ) f ?ti ? _ r ? -r.--. _ ?r't 1t1 ' rt%' ? ,c^?G' C it { ? ?? ?J i . .,i ??? "'-Y? i _, {.3 - ,? ? _ ?? LAWRENCE M. BLOTZER : IN THE COURT OF COMMON Plaintiff : CUMBERLAND COUNTY. PEI V. : NO.02 - 4866 CIVIL TERM ANGELA BLOTZER CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on October 4, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of service and filing of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice intention to request entry of the Decree. I verify that the statements made in the Affidavit are true and correct. I undo that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to the unworn falsification to authorities. r n .. f DATE: 12/21104 ANGELA WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SETION 3301(c) OF THE DIVORCE CODE 1. 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relati to the unsworn falsification to authorities. DATE: 12/21/04 ANGELA BEOTZER ?; ?? ?? ;'? Tn U? L7?C' Q :;- ?? ', s ? "chi N X i ? ...? .-"-j G I LAWRENCE M. BLOTZER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLV, v. NO. 02-• y,F(o(o ANGELA BLOTZER, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, Debra Denison, Esquire of REAGER & ADLER, P.C. do hereby certify that a copy of the Divorce Complaint was served on the Defendant Angela Blotzer, by Certified M Restricted Delivery on the 15th day of October, 2002 as is evidenced by the signature of the Defendant on the Return Receipt card attached hereto as Exhibit "A." Said Complaint in Divorce was mailed to Defendant by depositing a true and exact copy thereof in the United States mail, first class, Certified Mail, Restricted Delivery, Return Receipt Requested postag prepaid, addressed as follows: Ms. Angela Blotzer 3827 Pamay Drive Mechanicsburg, PA 17055 Date: 6--Wa Denisop Canto , Esquire Attorney ID # . 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorney for Plaintiff Beth N. Scully ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 1 Print Clearly) I P. Date of C. SJUAture ? Agent '(-?? 'dressee D. Is de'v ddress differeitem 17 13 ???-y yes If YES, enter delivery address below: IM, 3. Service Type 44 Certified Mail 11 Express mail CJ Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number (Transfer from service label) ifQL'L1 ' ??• ;7U - L^ e' e PS Form 3811. March 2001 / Domestic Return Receipt 102595-01-M-142 EXHIBIT A t LAWRENCE M. BLOTZER, Plaintiff V. ANGELA BLOTZER, Defendant IN THE COURT OF COMMON PLEAS COUNTY, PENNSYLVANIA NO. 02-#dRCs- q, 6? CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry divorce decree: 1. Ground for divorce: Irretrievable breakdown under § 3301(c) of the Code. 2. Service was accepted by the Defendant on the 15"' day of October, 2002, by certified mail, return receipt requested, receipt number 7000-1670-002-1135-4588. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Code: by Lawrence M. Blotzer, Plaintiff, on December 21, 2004; by Angela Blotzer, on December 21, 2004. 4. Related claims pending: All issues are resolved by the terms of the Agreement dated December 21, 2004 except the division of personal property that is a reserved. 5. Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: December 21, 2004 Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with Prothonotary: December 21, 2004 Respectfully submitted, REAGER & ADLER, PC BY: ra Deniso r, Esquire I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 DATED:) 2-/-2-3 /0 q LAWRENCE M. BLOTZER, IN THE COURT OF COMMON PLEA OF Plaintiff CUMBERLAND COUNTY, PENNSYLV NIA VS. NO. 02 - 4866 CIVIL ANGELA BLOTZER, Defendant IN DIVORCE THE MASTER: Today is Tuesday, December 1, 2004. This is the date set for a Master's hearing in t le above captioned divorce proceedings. Present in the hearing room are the Plaintiff, Lawrence M. Blotzer, and his counsel Debra A. Denison Cantor, and the Defendant, Angela Blotzer, and counsel James W. Abraham. The parties were married on May 21, 1978 and separated April 5, 2001. They are the natural parents f two children, both of whom are emancipated. The complaint in divorce was filed on 4, 2002, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. The parties are going to sign affidavits of consent and waivers of notice of intentio to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relatio s Code. The affidavits and waivers will be given to the Master's office today and the Master's office will file affidavits and waivers with the Prothonotary office. the r 1 On December 6, 2002, the Defendant filed counterclaim raising on her behalf issues of alimony, alimony pendente lite, and counsel fees. After extensive negotiations, previously k nd today, the Master has been advised by counsel that the parties have reached an agreement with respect to the outstanding economic issues. The agreement is going to placed on the record in the presence of the parties. Th agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Later this morning the parties and counsE will return to review the draft of the agreement for typographical errors, make any corrections as necessary, affix their signatures affirming the terms of settlement stated on the record. It is understood, however, that eA though the parties do not subsequently sign the agreemen 1 land has they are bound by the substantive terms of the agreement }as stated on the record when they leave the hearing room today. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. It is further understood that the dec 2 in divorce will preserve for further adjudication, if necessary, the issue of the tangible personal property Master can be reappointed specifically on the personal property issues if they cannot be settled between the parties. Ms. Denison Cantor. MS. DENISON CANTOR: 1. The parties previously sold their marital home and divided the proceeds of that home by mutual agreement. 2. Wife shall receive husband's Thrift Savings Plan wi present value of $98,297.00. 3. Wife shall receive husband's Vanguard IRA, Account 003919037 with a current balance of $51,460.00. 4. Each party shall retain their respective vehicles. Husband shall retain the 2000 Toyota Camry with a value $11,500.00. Wife shall retain the 1996 Villager with a value of $6,300.00. 5. Husband shall retain the Vanguard money market acct with a value of $3,000.00. 6. Wife shall retain the Waypoint checking and saving: accounts with a value of $4,100.00. 7. Husband is the owner of a CSRS pension plan. Wife shall be entitled to receive 19% of the pension earned z April 4, 2001. The intent of this agreement is to effectuate a 55% division of the assets, therefore, wife shall be receiving approximately $91,000.00 of husband': pension. Husband agrees to bear responsibility for the preparation of the QDRO to effectuate said transfer. 8. Wife shall be responsible for effectuating the rol' over of the Vanguard IRA. Husband shall bear responsibi for transferring the TSP to wife. 9. All claims for counsel fees and costs are waived. 10. The parties are specifically reserving the right t( value and/or litigate the issue of tangible personal property. The parties agree to exchange inventories of The a )f unt s of lity the 3 w personal property at issue within 30 days of this date. If they are unable to resolve this matter, either party may reappoint the Master in order to have this issue determi ed. 11. Beginning the first day of the month, following the entry of the divorce decree and continuing thereafter, husband agrees to pay the amount of $1,800.00 monthly in alimony to wife. Said amount shall be tax deductible to husband and includable to wife's income. Said amount is modifiable but shall automatically be reviewable upon husband's retirement from the federal government. Alimo y is terminable upon the death of either party, the remarriage or cohabitation of wife as defined by statute and suppor ing case law. 12. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or s e may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property r the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right t take against the will of the other, and right to act as administrator or executor in the other's estate. Each wi 1 at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MS. DENISON CANTOR: Larry, were you pres and did you hear clearly the agreement as I dictated it? MR. BLOTZER: Yes. MS. DENISON CANTOR: And do you agree to that? MR. BLOTZER: Yes. MR. ABRAHAM: Angela, did you hear the agreement dictated today? MS. BLOTZER: Yes. 4 MR. ABRAHAM: Do you have any questions? MS. BLOTZER: No. MR. ABRAHAM: Do you understand the terms conditions of this agreement? MS. BLOTZER: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: 4o1DA e nison Cantor for Plaintiff J CVA James W. Abraham Angela lotzer r Attorney for Defendant 5 IN THE COURT OF COMMON PLEAS - 3:6 67A- AND NOW, , 'IT IS ORDERED AND LAWRENCE M. BLOTZER )v VERSUS ANGELA BLOTZER No. 02-4866 CIVIL DEGREE IN DIVORCE DECREED THAT AND OF CUMBERLAND COUNTY STATE OF PENNA. LAWRENCE M. BLOTZER ANGELA BLOTZER ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, , DEFENDA THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICF{ HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAII$ NOT YET BEEN ENTERED; All issues are resolved by the terms of the Marital Settlement dated December 21, 2004 attached hereto except the division of p property that is specifically reserved- - i LS. BY TAE CO ATTEST: /1 I J. PROTHONOTARY L 1a1aJ "'?J '`' X'ov- sa. s/ _SoS - i % LAWRENCE M. BLOTZER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 02-4866 CIVIL ANGELA BLOTZER, CIVIL ACTION - LAW Defendant IN DIVORCE STIPULATION The parties hereby stipulate to the entry of a Domestic Relations Order in the form attached hereto as Exhibit "A". Lawrence M. Blotze Plaintiff Angela o er, Defe t McNEES WALLACE & NURICK LLC By i ,bra eon Cantor I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 'i 7 i G8- i i 66 (717) 232-8000 ABRAHAM LAW OFFICES By James W. Abraham I.D. No. '-/? 2157 Market Street Camp Hill, PA 17011 (717) 763-1700 Attorneys for Lawrence M. Blotzer Attorneys for Angela Blotzer Date: April_, 2005 z - ? t_ ? s ?r+ ? _ ?:;- ;n ..,- =? i ? t'? r`.? j _ "E r t __ ?__ , _ ??, ? ?, ?M1, ?_ ? ? ? ? W p RECEIVED JUN 142005 LAWRENCE M. BLOTZER, Plaintiff V. ANGELA BLOTZER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4866 CIVIL CIVIL ACTION - LAW IN DIVORCE RETIREMENT BENEFITS COURT ORDER THIS MATTER having come before the Court on motion, and the Court, after reviewing the motion and being otherwise fully advised of the matter: ORDERED Angela Blotzer, Social Security No. 526-77-0489, current address 352 Stonehedge Lane, Mechanicsburg, PA 17055, is awarded 100% of the civilian Thrift Savings Plan account of Lawrence M. Blotzer, Social Security No. 220-52-3513, current mailing address P.O. Box 443, Enola, PA 17025, as of Tuesday, December 21, 2004. FURTHER ORDERED: Earnings will be paid on the amount of the entitlement under this ORDER until payment is made. Dated: <<0 a6OS? THE COURT: J. cl, S3 341 30 A STIPULATION The parties hereby stipulate to the entry of a Domestic Relations Order in the i • LAWRENCE M. BLOTZER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 02-4866 CIVIL ANGELA BLOTZER, CIVIL ACTION - LAW Defendant IN DIVORCE form attached hereto as Exhibit "A" AaMML tL 'P Lawrence M. Blotzei Plaintiff 'c Angela 13o er, Defer t McNEES WALLACE & NURICK LLC By ra e ' on Cantor I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108- 1 166 (717) 232-8000 Attorneys for Lawrence M. Blotzer ABRAHAM LAW OFFICES By James W. Abraham 1. D. No. (/ 3 2157 Market Street Camp Hill, PA 17011 (717%70"3-1700 Attorneys for Angela Blotzer Date: April_, 2006 ?,'- ? -n -?? ,,.. -a ? t, -., ?-? <? c, {. 45 ism -i :ID C . ? ? ? ? RECEIVED JUN 15 11C Lawrence M. Blotzer Plaintiff VS. : IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Angela Blotzer NO. 02-4846 Defendant DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. It is intended to constitute a DRO Acceptable For Processing under final regulations issued by the Office of Personnel Management ("OPM"). 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. This DRO relates to the provision of marital property rights to the Alternate Payee pursuant to a Marriage Settlement Agreement dated / 0? -0Z x-02-oo y 4. This DRO applies to the Civil Service Retirement System ("Plan') and any successor thereto. Lawrence M. Blotzer ("Participant") is a Participant in the Plan. Angela Blotzer ("Alternate Payee'), the former spouse, is the Alternate Payee for the purposes of this DRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Lawrence M. Blotzer P.O. Box 443 Enola, PA 17025 Social Security No.: 220-52-3513 Date of Birth: June 12, 1948 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: - ,r vxo • • Page 2 of 4 Angela Blotzer Sa 48? Stonehedge Lane ?'? Mechanicsburg, PA 17055 Social Security No.: 526-77-0489 Date of Birth: April 15, 1,955 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. The Alternate Payee is entitled to a portion of the Participant's Gross Monthly Annuity under the Plan as set forth below. The OPM is hereby directed to pay Alternate Payee's share directly to Alternate Payee. 8. This DRO assigns to Alternate Payee an amount equal to 19% of the Participant's Gross 6v,4 cIf /?,Yo c(ji -<rirvre -f 7f PP2oYl k4ATCLY Monthly Annuity accrued under the plan as of April ? 2001,q An&cost-o# living increase applied to qI, drYD ©f'fi4krc-1p 071-} Pr?l tM the Participants retirement benefits shall not apply to $he Alternate Payee's share. i? E w ci TS 9. Payments to Alternate Payee shall commence the date payments commence to the Participant. Participant agrees to arrange or to execute all forms necessary for the OPM to commence payments to the Alternate Payee in accordance with the terms of the DRO. 10. Payments shall continue to Alternate Payee for the remainder of the Participant's lifetime. If the Alternate Payee dies before the Participant, the Alternate Payee's share of the Participant's pension shall revert to the Participant. 11. The Alternate Payee is not awarded a former spouse survivor annuity. 12. If Participant leaves Federal service before retirement and applies for a refund of employee contributions under the Plan, the OPM is directed not to pay the Participant a refund of such employee contributions. 13. In no event shall the Alternate Payee have greater benefits or rights other than those which are available to the Participant. The Alternate Payee is not entitled to any benefit not otherwise provided by the Plan. The Alternate Payee is only entitled to the specific benefits DRO Page 3 of 4 offered by the Plan as provided in this Order. All other rights, privileges and options offered by the Plan not granted to Alternate Payee are preserved for the Participant. 14. The Plan shall issue individual tax forms to the Participant and Alternate Payee for amounts paid to each such person. 15. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this DRO, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. In the event the Plan inadvertently pays to the Alternate Payee any benefits that are not assigned to her pursuant to the terms of this DRO, the Alternate Payee shall immediately reimburse the Participant to the extent she has received such benefit payments and shall forthwith pay such amounts so received directly to the Participant within ten (10) days of receipt. 16. In the event the Participant makes a one-time irrevocable election to transfer into the Federal Employees Retirement System ("FERS") before his retirement, then Alternate Payee shall be entitled to a portion of the Participant's Basic Annuity and/or a Refund of employee contributions under FERS calculated in a manner similar to that which is enumerated in Sections 8, 9, 10, 11 and 12 above for the annuity and refund, respectively, and payable directly from FERS. Additionally, Alternate Payee shall be entitled to a former spouse survivor annuity payable under FERS and determined in a similar manner to the survivor benefits set forth under Section 11 above. Further, such former spouse survivor annuity shall be payable directly from FERS. 17. If Participant takes any action that prevents, decreases, or limits the collection by Alternate Payee of the sums to be paid hereunder, he shall make payments to Alternate Payee directly in an amount sufficient to neutralize, as to Alternate Payee, the effects of the actions taken by Participant. 18. The OPM shall notify the Alternate Payee and her legal representative when the Participant makes an application for any benefit payments or withdrawals from the Plan. DRO Page 4 of 4 19. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and further provide that no such amendment or right of the Court to so amend will invalidate this Order. Accepted and Ordered this ' day of 2005. Judge CONSENT TO ORDER: PLAINTIFF/PARTICIPANT 4AAMM(oz Signature DEFENDANT/ALTERNATE PAYEE "L Signature y-IN-os Date ATTORNEY FOR PLAINTIFF/ I O?p . 's-- 9- :'-)0G Date ATTORNEY FOR DEFENDANT/ ALTERNATE PAYEE Signature 3-q-?ao Date 4?Zlg Date ('no Z I !,d L I i'fil" n 0 Z Avvit;F CLUdld ]Hi J0 McNEES WALLACE & NURICK LLC By: Debra Denison Cantor Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantorn-mwn.com Attorneys for Plaintiff LAWRENCE M. BLOTZER, Plaintiff V. ANGELA BLOTZER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 4iou NO. 02=4$S6- CIVIL ACTION - LAW IN DIVORCE PETITION FOR TERMINATION OR MODIFICATION OF ALIMONY TO THE HONORABLE JUDGES OF SAID COURT: Petitioner Lawrence M. Blotzer, as the Plaintiff in the above captioned case, by and through his counsel, McNees Wallace & Nurick LLC, avers that: Background 1. The Petitioner is Lawrence M. Blotzer, the above-captioned Plaintiff (hereinafter "Petitioner") 2. The Respondent is Angela Blotzer, the above-captioned Defendant (hereinafter 'Respondent') 3. The parties were married on May 21, 1978 in Seoul, Korea. 4. Petitioner currently resides in Enola, Pennsylvania. 5. To the best of Petitioner's knowledge, Respondent currently resides at 352 Stonehedge Lane, Mechanicsburg, PA 17055. 6. The parties began living separate and apart on April 4, 2001. 7. On or about October 4, 2002, Petitioner filed a Complaint in Divorce against Defend ant/Respondent. 8. The parties dictated and agreed to Settlement Agreement ("Agreement") at a Master's hearing on December 21, 2004 (attached as Exhibit "A"). 9. A Decree in Divorce was entered on December 30, 2004 by Judge Guido (attached as Exhibit "B") 10. Petitioner has been diligently and dutifully paying alimony to Respondent in the amount of $1,800 as agreed by the parties. 11. Pursuant to the terms of the parties' Agreement on December 21, 2004, Petitioner's obligation to pay alimony "shall automatically be reviewable upon husband's retirement from the federal government." (Agreement, ¶ 11, Exhibit "A.") 12. Petitioner has provided notification of his retirement to the federal government. 13. Judge Guido has ruled in this case. Governina Law 13. Paragraph 11 of the parties' Agreement provides that the Agreement is to be construed "as defined by statute and supporting case law." 14. The Pennsylvania Divorce Code provides that: [t]he courts shall have original jurisdiction in cases of divorce . . . and shall determine, in conjunction with any decree granting a divorce ... the following matters, if raised in the pleadings, and issue appropriate decrees or orders with 2 reference thereto, and may retain continuing jurisdiction thereof: (1) The determination and disposition of property rights and interests between spouses, including any rights created by . separation agreement and including the ... order of any . alimony.... counsel fees or costs authorized by law. 23 Pa.C.S. § 3104(a)(1) [formerly 23 P.S. § 301(a)(1); see also, Johnson v. Johnson, 864 A.2d 1224, 1228 (Pa. Super. 2004). 15. The Pennsylvania Divorce Code also provides that: An order entered pursuant to this section is subject to further order of the court upon changed circumstances of either party of a substantial and continuing nature whereupon the order may be modified, suspended, terminated or reinstituted or a new order made.... 23 Pa.C.S. § 3701(e). Basis for Termination of Alimonv 16. At the time of the signing of the Agreement, the Petitioner was earning an annual income of approximately $107,000. 17. Respondent was held at an income of $20,000, although a vocational expert estimated that Respondent could earn at least $36,000 if she pursued re-training in her previous profession as a nurse. 18. Pursuant to the Agreement, Respondent was given a substantial amount of the marital assets to aid in her support, including the entire balance of Petitioner's Thrift Savings Plan, the entire balance of his IRA and a portion of Petitioner's CSRS pension plan. 19. Petitioner's income will be significantly reduced due to his retirement. 3 20. Petitioner's effective retirement date shall be January 2, 2010. The modification/termination of alimony shall be retroactive to this date pursuant to 23 Pa. C.S. §3701(e). 21. In addition to the agreement that alimony be "automatically reviewable upon husband's retirement," the parties' circumstances have substantially changed since the signing of the agreement. WHEREFORE, Petitioner respectfully request this Honorable Court to enter an Order as follows: A. Terminate the Respondent's alimony award retroactive to Petitioner's retirement date in light of (i) Petitioner's retirement and (ii) the changed circumstances of the parties; or B. Substantially modify the Respondent's alimony retroactive to Petitioner's retirement date to reflect the change in circumstances. Respectfully submitted, McNEES WALLACE & NURICK LLC By: WDDee Den Cantor Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantor mwn com Date: November /0 , 2009 Attorneys for Plaintiff 4 r, LAWRENCE M. BLOTZER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02 - 4866 CIVIL ANGELA BLOTZER, ?. Defendant IN DIVORCE THE MASTER: Today is Tuesday, December' 2L_ ur" C-n 2004. This is the date set for a Master's hearing in Jthet-0 above captioned divorce proceedings. Present in the hearing room are the Plaintiff, Lawrence M. Blotzer, and his counsel Debra A. Denison Cantor, and the Defendant, Angela Blotzer, and her counsel James W. Abraham. The parties were married on May 21, 1978, and separated April 5, 2001. They are the natural parents of two children, both of whom are emancipated. The complaint in divorce was filed on October 4, 2002, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. The parties are going to sign affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The affidavits and waivers will be given to the Master's office today and the Master's office will file the affidavits and waivers with the Prothonotary office. 1 On December 6, 2002, the Defendant filed a counterclaim raising on her behalf issues of alimony, alimony pendente lite, and counsel fees. After extensive negotiations, previously and today, the Master has been advised by counsel that the parties have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Later this morning the parties and counsel will return to review the draft of the agreement for typographical errors, make any corrections as necessary, and affix their signatures affirming the terms of settlement as stated on the record. It is understood, however, that even though the parties do not subsequently sign the agreement, they are bound by the substantive terms of the agreement as stated on the record when they leave the hearing room today. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. It is further understood that the decree 2 in divorce will preserve for further adjudication, if necessary, the issue of the tangible personal property. The Master can be reappointed specifically on the personal property issues if they cannot be settled between the parties. Ms. Denison Cantor. MS. DENISON CANTOR: 1. The parties previously sold their marital home and divided the proceeds of that home by mutual agreement. 2. Wife shall receive husband's Thrift Savings Plan with a present value of $98,297.00. 3. Wife shall receive husband's Vanguard IRA, Account No. 003919037 with a current balance of $51,460.00. 4. Each party shall retain their respective vehicles. Husband shall retain the 2000 Toyota Camry with a value of $11,500.00. Wife shall retain the 1996 Villager with a value of $6,300.00. 5. Husband shall retain the Vanguard money market account with a value of $3,000.00. 6. Wife shall retain the Waypoint checking and savings accounts with a value of $4,100.00. 7. Husband is the owner of a CSRS pension plan. Wife shall be entitled to receive 190 of the pension earned as of April 4, 2001. The intent of this agreement is to effectuate a 55% division of the assets, therefore, wife shall be receiving approximately $91,000.00 of husband's pension. Husband agrees to bear responsibility for the preparation of the QDRO to effectuate said transfer. 8. Wife shall be responsible for effectuating the roll over of the Vanguard IRA. Husband shall bear responsibility for transferring the TSP to wife. 9. All claims for counsel fees and costs are waived. 10. The parties are specifically reserving the right to value and/or litigate the issue of tangible personal property. The parties agree to exchange inventories of the 3 personal property at issue within 30 days of this date. If they are unable to resolve this matter, either party may reappoint the Master in order to have this issue determined. 11. Beginning the first day of the month, following the entry of the divorce decree and continuing thereafter, husband agrees to pay the amount of $1,800.00 monthly in alimony to wife. Said amount shall be tax deductible to husband and includable to wife's income. Said amount is modifiable but shall automatically be reviewable upon husband's retirement from the federal government. Alimony is terminable upon the death of either party, the remarriage or cohabitation of wife as defined by statute and supporting case law. 12. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MS. DENISON CANTOR: Larry, were you present and did you hear clearly the agreement as I dictated it? MR. BLOTZER: Yes. MS. DENISON CANTOR: And do you agree to that? MR. BLOTZER: Yes. MR. ABRAHAM: Angela, did you hear the agreement dictated today? MS. BLOTZER: Yes. 4 r• MR. ABRAHAM: Do you have any questions? MS. BLOTZER: No. MR. ABRAHAM: conditions of this agreement? MS. BLOTZER Do you understand the terms and Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: James W. Abraham Attorney for Defendant D A. enison Can for t for Plaintiff DATE: 4LaB 1 o er :t-- D- - 'JA Ange a otzer 3 vWV IN THE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF PENNA. LAWRENCE M. BLOTZER PLEAS No. 02-4866 CIVIL VERSUS ANGELA BLOTZER DECREE IN DIVORCE 03:06 PM AND NOW, _nPrP hPr3n ,9004 , IT IS ORDERED AND DECREED THAT LAWRENCE M. BLOTZER AND ANGELA BLOTZER ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,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 issues are res6lved by the terms of the Marital Settlement Agreement dated December 21, 2004 attached hereto except the division of personal property that is specifically reserved. &Awk" . BY THE COURT: Edward E. Guido ATTEST: J. Y PROTHONOTARY Certified Copy Issued: January 5, 2005 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. Lawrence M. Blotzer Dated: Nov .D l CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was served by first-class mail, postage prepaid, the means indicated upon the following: James W. Abraham, Esquire Abraham Law Offices 45 E. Main Street Hummelstown, Pa., 17036-1616 Angela Blotzer 352 Stonehedge Lane Mechanicsburg, Pa., 17055 )jM'jj nne Barnhart, Legal Secretary Date: November l0 , 2009 F RLT -" c 2 0 0 9 N04 12 F1-1 2: u r ?r GU 4` LAWRENCE M. BLOTZER, Plaintiff V. ANGELA BLOTZER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 y-4.98& CIVIL ACTION -LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW THIS day of NO yZMAd 2009, upon consideration of the foregoing motion, IT IS HEREBY ORDERED THAT: 1. A rule is issued upon the Defendant to Show Cause why the Petitioner/Plaintiff is not entitled to the relief requested: 2. The Defend ant/Respondent shall file an Answer to the Motion within days of this date; 3. The Motion shall be decided under Pa.R.C.P.P. No. 206.7; /4. An evidentiary hearing on disputed issues and material facts shall be held on / of , - --- 20J®in Court Room of the Cumberland County Courthouse. 01:00f. M. 5. Notice of the Entry of this Order shall be provided to all parties by Petitioner. U RT: Distribution List: Debra Denison Cantor, Esquire, McNees Wallace & Nunck, LLC., P.O. Box 1166, 100 Pine Street, Harrisburg, PA 17108; (717) 237-5297 (phone); (717) 260-1667 (fax); dcantor a mwn.com James W. Abraham, Esquire, Abraham Law Offices, 45 E. Main Street, Hummelstown Pa. 17036-1616; (717) 566-9380 (phone); (717) 566-2600 (fax) ? Angela Blotzer, 352 Stonehedge Lane, Mechanicsburg, Pa., 17055 c ,?S „lz ILL OXF THE MUM Z NOV 17 AND 27 ch ABRAHAM LAW OFFICES 45 East Main Street, Hummelstown, PA 17036 (717) 566-9380 LAWRENCE M. BLOTZER Plaintiff v. ANGELA BLOTZER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02 - - "A t(" CIVIL ACTION - LAW DIVORCE DEFENDANT'S ANSWER TO PETITION FOR TERMINATION OR MODIFICATION OF ALIMONY AND ANSWER TO RULE TO SHOW CAUSE AND NOW, comes Defendant, Angela Blotzer, by and through her attorney, James W. Abraham, Esquire, Abraham Law Offices, Hummelstown, Pennsylvania and files the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Respondent's address is 6125 Galleon Drive, Mechanicsburg, Pennsylvania, 17050. 6. Denied. The parties' date of final separation was on or about the date of filing the divorce, on or about October 4, 2002. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted in that Petitioner has complied with the Agreement as he is legally obligated to do. 11. Admitted and by way of further answer, Respondent incorporates herein by reference her answers to paragraphs 12 through 21. 12. Denied. Respondent has not received any written confirmation or documentation that Petitioner has notified his employer, the federal government of his retirement. 13. Paragraph 13 is an incorporation paragraph to which no response is required. 14. & 15. Denied. Paragraphs 14 and 15 are denied in that the Divorce Code speaks for itself. 16. Admitted. By way of further answer, Respondent believes and therefore avers that Petitioner's 2009 income is in excess of $107,000.00 and may be in well in excess of $120,000.00. 17. Admitted and Denied. It is admitted that Respondent's past income was approximately $20,000.00 however, Respondent's present income and/or earning capacity is between approximately $10,000.00 and $16,000.00. It is denied that any vocational assessment was valid or properly estimated a higher earning capacity. Strict proof thereof is demanded at time of trial. 18. Admitted and Denied. It is admitted that Respondent received approximately fifty- five (55%) percent of the marital estate. It is denied that Respondent received a substantial amount of the marital assets and further, the allocation of Petitioner's Thrift Savings Plan, IRA and a portion of Petitioner's CSRS pension to Respondent was nothing more than a standard offset against the value of other assets which Petitioner received free and clear in the equitable distribution of assets in the divorce action, in which the parties were married for twenty-four (24) years. 19. Admitted and Denied. It is admitted that if Petitioner retires from his employment with the federal government that his income will be reduced from that source. It is denied that Petitioner's earning capacity will be reduced or should be reduced as Petitioner's decision to retire at this time, constitutes a voluntary reduction of Petitioner's income contrary to the Agreement and Petitioner is physically able and capable of earning additional income in various areas of employment, including but not limited to, consulting and teaching. 20. Denied. It is denied that Petitioner's effective retirement date is January 2, 2010 as Respondent has not received any written verification of Petitioner's retirement and the averments contained in this paragraph are further denied in that the Divorce Code speaks for itself. 21. Denied. It is denied that Petitioner's circumstances have substantially changed, except that it is believed and therefore averred that Petitioner's current, 2009 income is in excess of $107,000.00 and may be well in excess of $120,000.00 and Petitioner's decision to retire from his current employment with the federal government, at this time, constitutes a voluntary reduction of income contrary to the parties' Agreement. By way of further answer, Petitioner works in real estate as a licensed realtor and has done so for several years and the recent, overall economic downturn, especially in the real estate market, has substantially changed to Respondent's detriment and Respondent's income and/or earning capacity has decreased since the signing of the Agreement; and therefore in consideration of Petitioner's increased and current, 2009 income and/or earning capacity and Respondent's current decrease in income and/or earning capacity, Respondent is entitled to an increase in her monthly alimony. A true and correct copy of the first page of Respondent's 2007 and 2008 federal tax returns are attached hereto as Exhibit "A". WHEREFORE, Defendant, Angela Blotzer respectfully requests Your Honorable Court to dismiss Respondent's Petition and Petitioner's request for a decrease or termination of alimony and award Defendant an increase in her monthly alimony award. Respectfully submitted: James W. Abraham, Esquire Abraham Law Offices 45 East Main Street Hummelstown, PA 17036 (717) 566-9380 Attorney for Defendant, Angela Blotzer DATE: 12/11/09 VERIFICATION I, 4A G E L A- 6 LO TL15?4 , the undersigned, hereby verify and confirm that the foregoing document and the statements made therein are true and correct to the best of my knowledge, information and belief. I further understand that any false statements made herein are subject to the penalties of Title 18 Pa.C.S.A. Section 4904 relating to unworn falsification to authorities. DATE: 1 1 EXHIBIT "A" 12/0912009 12:30 FAX 717 731 1798 REMAX REALTY ASSOCIATES Department of the Treasury - Internal Revenue Serms Form 1040 U.S. Individual Income Tax Return 20 C it ft veer Jan 1 - Dec 11. 2W7. or other Tax Year beci nnlna , 2007, ending IR0 . 20 la 00 - Do not write or 40010 in Label Your first name MI Last name TONS MM141 Ncyrrq nMMEW (eee Instructions.) Angola 8 tzar 526-77-0409 M a joint return, spouse's first ^ame N Last name spouse's social weurtgl nun*W Use the IRS label. Otherwise, Home address (number and *990. If you have a P.O. box, see lnevuctlons. Apartment no. You must enter your please print or type. 35 S onehecle Lane social security number(s) above. A l kl l Gib, town or post aftice. If you how a foreign address, see inshudions, State LIP cods king a box below will not ef d r tax or l 055 a Pres ent ohaztiaalour . r un c lanoe You PA 17 Baton CirnpWgn , Check here if you, or your spouse If filing jointly, want $3 to go to this fund? (see instructions) ......... ... . . . ? You ? spouse Filing Status Single 4 1 bead of household (with qualifying person). (See is instructions.) If the qualifying person is a chid N Married filing pintiy (even if only one had income) but not your dependent, enter this child's Check only 3 Married filing separately. Enter spouse's SSN above & full name here. 10, one box, hams here .. Qualifying widower with dependent ehlld instnwtions Exemptions P Yourseff. if someone can claim you as a dependent, do 6a not check box 69 .. , ........ ean6oend k d, 1 ?__..- r.,_ .r wk1i If more than four dependents, see instructions, c De endents: (2) De erldent's (3) Dependent's hi l (4) f o: ^qo +uf p social security p re ations ? r ch%,' 1gr gird with you number to you tradn • did not First name Last name (se a '"m' ?f°R dtvo e or lyoratlon (Not InstR) oepsndento en 8e not enlaces at,m Addipmnunlbers d Total number of exem tions claimed , Attach Farm(s) W-2 ....... .......................... ... . . tips etc 7 Wages salaries 7 - y , . , , Attach Schedule B if required ... . ..... . .. . . .......... ....... , Income 8a Taxable interest 8 . b Tax-exempt Interest. b0 not include on line Ba ....... , .... 8b Attach Schedule B if required .......... , ... ............ . ... 9a Ordinary dividends on . Attach Fenm(s) W-2 hero. Also b QuelIfled dividends (see Instrs) .................................. 9 b or offsets of state and local income taxes (see instructions) .. . . . .. . . . . . . . ..... . . . sttseh Farms 10 Taxable refunds credits 10 459. , , w-2G and 1099-R ...................................................... ........... 11 Alimony received ith? d 71 21,600. . If tax was w l , 72 Business income or (loss). Attach Schedule C or C-EZ .. . .. . ... . ... ....... ..... , . 12 16, 33B . If you did not Aft Sch D if regd. It not nod, ck hero . . ........ . ...... . 01 ? 13 Capital gain or (loss) 13 . get a W-2, 14 Other pains or (tosses). Attach Form 4797 ............ ....... . . ........... . ...... . . e Instructions s 14 . e ....... 13a IRA distributions . 1sa bTaxable amount (sea instrs) 15b ... . 16a Pensions and annuities 16a bTaxable amount (see instrs) .. 16b ...... partnerships, S corporations, trusts, etc. Attach Schedule E , . royalties 17 Rental real estate 17 , , Attach Schedule r ....... . ....... • .. , ............. , ... , ... , , 18 Farm income or (loss) b d 19 . Enclose, ut o not attach, any 19 Unemployment compensation ... .......... ....... . ...... . .............. . 14 payment, Also, ....... 120a I b Taxable amount (see instrs) , .. 20a Social security benefits 20b . . tae Form 1use 04104 21 Other income 21 , 22 Add the mounts in the for right coiumn for lines 7 through 21, This i 23 Educator expenses (see instructions) ........ ............ . 28 s ur total income. 38,397. Adjusted 24 Chin business expenses of reservists, performing artists, and fee•linis Gross government OWals. Attach form 2106 or 2106-EZ ................ . . 24 Income 25 Health savings account deduction. Attach Form 8889 ........ 25 26 Moving expanses. Attach Form 3903 ...•....•....••.•.•.••• 26 27 One-half of self-employment tax. Attach Schedule BE .... , ... 27 1 54. 28 Self-employed SE:P, SIMPLE, and qualified plans ..... _ ...... 28 29 Self-employed health insurance deduction (see instructions) .. . .. . . . ..... 29 2,224. 30 Penalty on early withdrawal of savings ............. ... 30 31 a Alimony paid b Recipient's 58N ... , w 31& " 32 IRA deduction (see Instructions) .. ............ .......... 32 33 Student loan interest deduction (see instructions) ............ 33 34 Tuition and fees deduction. Attach Form 8917 .............. 34 35 Domestic production activities deduction, Attach Form 80 ....... , . . , 35 36 Add lines 23.31a and 32.35 ................. ........1.11 , ........ ......... 3,378, 87 Subtr t line 36 from line 22. This is our anted grojis Income SAA For 0119doisure, Privacy Act, and Paperwork Reduction Act Notice, see Instructions. FDIA0112 12!06107 37 35,_U9. Form 1040 (2007) 12/09/2009 12:30 FAX 717 731 1798 REMAX REALTY ASSOCIATES IM 002/002 Fdrm Dspertmem of theTrapury - InteMel Revenue 9erviCe 1040 U.S. Individual Income Tax Re L Fortheyeardan,I - Dar 31,200e or ofhor tax yeafbegrr Label A Use the E ANGELA HLO'TZER IR8tabel. L 352 STONEBEDGE LANE otherwse, E MECHANICSBURG, VA 17055 please print R oflype E Presidential Your social security number 526-77-0489 Spouse's social security number and • veQ•uWT 11v1, hsokrnq a box below will not am go your ta&.N rotund Flung Status 1 single 2 Married filing jointly (eve Chackonly 3 Married riling ispinato one box. ? sa M Yourself.lfoomeon Exemptions b 5001111121111 c Dependents: (1) First name Last name If more than four dependants, see page 17. 4 LJ Head of household (with qualifying person), (See page 15,) hsq OWN person ,seenlldbutnotyour dependert enterthie to _' e h ere. ? 5904%cheakad 1 on 6a and ;b No of rhlid ren on6cwho (4) rr quilt el-ved Witr. Y0- chila for edm no-. live xlth yot due to divorce or separation Dependenng on 6c nat onterad aoove Add nurnbers onnnes _ F7. not check b96a , , . (2) Dependent's (3) Depaedent-s moolalsecurity - ?mber relatlorlahlpto 7 IAlages, salaries, tips, et F (s -- --r__-------N& 1W Incorrle f' - ----- ---_--- -----? - AM tie Taxable Interest, Attach edu n f , , Attach Formte) b Tax- exempt Interest, Do 00 as W-2 here. Also Is Ordinary dividends, Attach Schedule8lrregwired . , . . , . . . . . . attach Forms W- 20 and b Quailfled dividends (see page 21) , . . . . , . , , 9b 1018-RI}tax 10 Taxable refunds. credits. oroffsetsof state and local Income taxes (seepage 22) , was withhold, 11 Alimony received , . . . , , . . . . . , . 12 Business Income or (lose). Attach Schedule C or 0- EZ , 13 Capital gain/ (low), Attach Sch D. if not required on ack n ere e ? If you did not 14 Othergalnsor ttach a > . , y a' getaw Z 16a IRAdistributlo 1a I r am see page 21. 16a Pensronsen WHO ble w { 17 Rental real e ro e 8 corpo n Atts ed E Enclose, but do 1111 Form inccm d "I F , , . . . , , . . , notaftech,any 16 Unemployment compensatlon . . , . , . , , . ` . . , . , . . Payment, Also, 20a soclaisecurkybenefits, 19. J bTlexabteamt. please use Form 1040-V. 21 Other Inoome, Liettype and amount (see page 22 Artdfh¦'rrtnunta;IA fheferrinhtrolumnfar limes 7throunh21.Thlsisvourtatatinoome ? ? 23 Educator expenses (see page 28) , . , , . . . , . , 3 - Adjusted 24 Gross Income 23 24 Cenaln buelnessexpansesof r rfo ing Fts, and fee- basis government officials eh Form o - EZ Health savings &ccountdedu F 8 Moving expenses, Attach Flo 903. p 1 " $ 21 27 One- half of self- employme , Akach 5 du 9i Iti '17 28 Self- employed SEP, SIMPLE, and quollfled plans , . . . , 28 21 Self- employed health Insurance deduction (see page 29) 29 2,90 30 Penalty an earlywithdrawalofsavings . . . . , . . . , 10 31a Alimony paid b Raciplent'sSSN ? 1111 32 IRAdoduction (see page 30) , , , , . . , , . . 32 33 Student loan interest deduction (see page 33) . , , , . . 33 34 Tuition and fees deduction. Attach Form 8917 34 36 Domestic production activities deduction, Attach Form 8903 35 36 Add lines 23through31aand32through 35 KI3A { For Disclosure, Privacy Act, and Paffperwork Reduction Act Notice, seepage 61. Feormialtol Copyright tggg - 2009 N®R 91ookTeex 6Q?oas. inc. 10 3 3.682. 28,920. Form 1040 (2008) CERTIFICATE OF SERVICE I, James W. Abraham, Esquire, the undersigned, hereby certify that I have served a true and correct copy of the foregoing document, by first class mail, upon the following person at the following address on the date stated herein: Debra Denison Cantor, Esquire McNees Wallace & Nurick 100 Pine Street PO Box 1166 Harrisburg, PA 17108 DATE: 12/11/09 James W. Abraham, Esquire FLM-CFACE OF THE P-Pa[41 NOTARY 2009 DEC I I AM 11 : 28 i`40 LVr: 10. t McNEES WALLACE & NURICK LLC By: Debra Denison Cantor -n Attorney I.D. No. 66378 r> ^: rilT 100 Pine Street -- a P.O. Box 1166 f.._ , c>, Harrisburg, PA 17108-1166 -8000 (717)232 '' rv j ' (717) 237-5300 facsimile + dcantor(ab-mwn.com Attorneys for Plaintiff LAWRENCE M. BLOTZER, Plaintiff V. ANGELA BLOTZER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4da6 z1?? CIVIL ACTION - LAW IN DIVORCE AGREEMENT REGARDING ALIMONY MODIFICATION AND ENTRY OF AN ORDER THIS AGREEMENT is made this /o,-/'-day of ?Ill(lz , 2010, by and between Lawrence M. Blotzer (hereinafter referred to as "Former Husband"), and Angela Blotzer (hereinafter referred to as "Former Wife") (hereinafter, Former Husband and Former Wife are collectively referred to as the "Parties"), WITNESSETH: WHEREAS, the Parties hereto were married on May 21, 1978; WHEREAS, by way of Decree dated December 30, 2004, Judge Edward Guido Ordered the equitable distribution of the marital estate and granted Former Wife alimony in the amount of $1,800 per month based on the Stipulation of the Parties; WHEREAS, Former Husband has retired from government services and the parties are entitled to income from Former Husband's pension; WHEREAS, on November 12, 2009, Former Husband filed a Petition for Termination or Modification of Alimony; WHEREAS, a hearing is scheduled for January 14, 2010 on Former Husband's Petition for Termination or Modification of Alimony; WHEREAS, Former Husband has paid alimony to Former Wife since 2004; WHEREAS, the Parties hereto are desirous of settling fully and finally their respective obligations as between each other, including, without limitation, the settling of all alimony matters between them, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; AND NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the Parties hereto, Former Husband and Former Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. Beginning January 1, 2010 Former Wife shall receive $1,500 per month both from Former Husband's pension with the balance due paid as alimony directly by Former Husband. 2 2. Former Husband's final retirement calculation will be completed by March 2010 and retirement benefits shall be paid retroactively to January 1, 2010 pursuant to the QDRO filed with the Plan. 3. Former Wife's retirement benefit is estimated at $766 per month. 4. Beginning January 1, 2010 and continuing until April 1, 2010, Former Husband shall pay directly to Former Wife $734 per month (which is $1,500-$766). Said payment shall be made directly between Former Husband and Former Wife and shall occur by the 21 st of each month. Said amount shall be considered alimony. 5. Should the final retirement calculation pay Former Wife an amount greater than $766, Former Wife shall repay to Former Husband the difference between the amount paid and the actual amount owed using the formula of $1,500 less the retirement benefit. 6. Should the final retirement calculation pay Former Wife an amount less than $766, Former Husband shall repay to Former Wife the difference between the amount paid and the actual amount owed using the formula of $1,500 less the retirement benefit. 7. From April 1, 2010 forward, Former Husband shall pay to Former Wife directly as alimony, the difference between $1,500 and Former Wife's actual retirement benefit. 8. All payments made under this Agreement shall be considered alimony and shall be taxable to Former Wife and deductible by Former Husband. 3 9. All payments made under this Agreement shall be non-modifiable in either term or amount. Both Former Husband and Former Wife waive all rights to modify alimony payments hereafter. 10. All payments made under this Agreement shall terminate on the remarriage or cohabitation of Former Wife or the death of Former Wife or Former Husband. 11. The Parties agree that all economic claims between them are settled and waived, including but not limited to equitable distribution, alimony pendente lite, attorney's fees and costs, support, maintenance, alimony and health insurance. 12. The Parties agree to file this Agreement with the Court and request that the Court enter the Order attached hereto as Exhibit "A" which is an Order consistent with the terms of this Agreement. Upon execution of this Agreement by both parties, Counsel for Former Husband shall file this Agreement and seek the entry of the Order from the Court. 13. Both Parties acknowledge and agree that the provisions of this Agreement are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any and all claims or demands that either may now or hereafter have against the other, including but not limited to a claim for alimony. Former Husband and Former Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for alimony. 14. Except for the provisions of this Agreement, the Parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have by reason of the Parties' marriage, and they further release 4 any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to the other. Except as provided for in this Agreement, it shall be, from the execution date of this Agreement, the sole responsibility of each of the respective Parties to sustain himself or herself. In the event that either of the Parties shall seek a modification of the terms of this Agreement, or in the event that either party makes any claim settled by the terms of this Agreement against the other, that party shall indemnify and hold the other party harmless from and against any loss resulting therefrom, including counsel fees and costs. 15. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the Parties ever had or now has against the other, except any or all causes of action for breach of any provisions of this Agreement. 16. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the Parties by their respective counsel, Debra D. Cantor of McNees Wallace & Nurick LLC for Former Husband, and James W. Abraham of Abraham Law Offices, LLC for Former Wife during the negotiation of this agreement. Mr. Abraham's representation was terminated following the negotiation and Ms. Blotzer represented herself thereafter. 5 17. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the Parties hereto. 18. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 19. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the Parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both Parties on the execution date. IN WITNESS WHEREOF, the parties hereto have executed, sealed, and acknowledged this Stipulation on the on the dates of their acknowledgements. WITNESS: C Lawrence M. Blotzer Date: I b J 1 b Angela o er Date: ?Zj?/ D 6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF `bWd N BEFORE ME, the undersigned authority, on this day personally appeared LAWRENCE M. BLOTZER, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ?/'vday of 2010. 44-4-"4- Otary Public COMMONWEALTH OF PENNSYLVANIA L Notarial Seal Jeanne M. Barnhart, Notary Public City of Harrisburg, Dauphin County My Commission Expires June 7, 2011 COMMONWEALTH OF PENNSYLVANIA COUNTY OF C,um?o«tan? BEFORE ME, the undersigned authority, on this day personally appeared ANGELA BLOTZER, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I _a, day of 5 . ' a r,.-, 2010. Notary Public NOTARIAL SEAL REBECCA A BAGOT Notary Public CAMP HILL BORO., CUMBERLAND COUNTY My Commisslon Expires Jul 20, 2013 JA Z fQ JAN ! t Am gctfS cuw fir' LAWRENCE M. BLOTZER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ANGELA BLOTZER, Defendant NO. 02-485 CIVIL ACTION -- LAW IN DIVORCE r,? ORDER 2010, upon r.3view and consideration of AND NOW, this 13 day of ??? I the attached Agreement Regarding Alimony Modification and Entry of an Order, this Agreement is hereby made an Order of Court. BY THE COURT: M.'-A.:L..A:_- ZDebra D. Cantor, Esquire, McNees Wallace & Nurick LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, Pa., 17108-1166, (717) 237-5297 (phone), (717) 260-1667 (fax), ?dcantorgmwn.com /Angela Blotzer, 352 Stonehedge Lane, Mechanicsburg, Pa., 17055 1 /?j ?.{ ! t v