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DAVID W, WOLFE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 97.3618 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
vs,
KATHRYN D, WOLFE,
Defendanl
ORDER OF COURT
ACCOMPANYING DECREE IN DIVORCE
AND NOW, this I J ~ day of fit ~ , 1998, the Court having on even date
herewith entered a Decree in Divorce, IT IS FURTHER ORDERED, ADJUDGED AND DECREED. pursuant to
Pa,RC,P. 1920.1 el seg. and 26.1980, 23 P.S. 91 eJ sell., that the terms, provisions and conditions of the
certain Agreement in contemplation of divorce between the parties dated July 1. 1997 and Addendum dated
March 5, 1998. attached to this Order as Exhibit "A" are hereby incorporated into the Decree in Divorce and
this Order by reference as fully as though Ihe same were set forth herein at length. Said Agreement shall not
merge with, but shall survive the Decree in Divorce, and is incorporated herein for the purposes of
enforcement and confirmation of the legal obligalions undertaken therein by and between the parties.
This Court hereby retains continuing jurisdiction over this Order for the purpose of insuring compliance
with and enforcement of the terms of the Agreement as attached hereto.
J,
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010670.00001!Juno 19. 1997/DWDIMH/61634
(CO)fPV
DIVORCE SETTLEMENT AGREEMENT
THIS DIVORCESETTLEMENT A GREEMENT, made this M day of -::r;; ~t ' 1997,
by and bBtween DAVID W. WOLFE, of Mechanicsburg, CumbBrland County, Pen sylvania (hBreinafter
called "Husband"), and KATHRYN D. WOLFE, of Mechanicsburg, CumbBrland County, Pennsylvania
(hBreinafter called "Wife").
WIT N E SSE T H:
WHEREAS, Husband and Wife were lawfully marriBd on April 24, 1976, in Brockton,
Massachusetts; and
WHEREAS, three children have be~n born of this marriage, Levi Wilburn Wolfe, nineteen (19) yeBrs
of Bge; Kevin David Wolfe, fifteen (15) years of age; and Meghan Rebecca Wolfe, thirteen (13) years of
age; and
WHEREAS, differences have arisen betweBn Husband and Wife the consequence of which thBY
now live sBparate and apart from each other; and
WHEREAS, Husband and Wife desire to settle and determine their propBrty rights and obligations
growing out of their marital relationship and to confirm thBir understanding in writing,
NOW THEREFORE, the parties hereto, intending to be legally bound hereby, agree as follows:
1. SeDaration, ThB parties hereto sBparated on or about April 5, 1997 and shall thereaftBr
continue to live sBparate and Bpart and will not cohabitate with each other. It shall be lawful for eBch
party at all times hBreafter to live separate and apart from each other at such a place or places as he or
she may from time to time choose or deem fit.
010670,00001/Juno 18, 18971DWDIMHI61634
2, Inlerference. From the date of signing this Agreement, ench pnrty shall be free from
interference, euthorlty and control of the other, as fully as If he or she were single or unmarried, except
as may bB necessary to carry out the provisions of this Agreement. Neither party 6hnll herass or attempt
to hBrBss the other, or compel thB other to cohabitote with the other or In IIny way malign the other, or
in any othBr way interlere with their peaceful existence, separate IInd IIpart from the other,
3. Mulusl Relesse. Subject to the provisions contBined in this Agreement, each pBrty hBS
released Bnd dischargBd, Bnd by this Agreement does for himself or hersDIf, and his or her hBirs, IBgBI
represBntatives, executors, administrators and assigns, forevor rolooso ond dischergo tho othor of Bnd from
all causes of action, claims, rights or domands whatsoovor in low or oquity, which either of the partiBs
Bver had or now hBS egainst the other, except a CBuse or causos of action for divorce or all caUSBS of
action for breach of Bny provisions of this Agreement. Further, eBch party, subjoct to the provisions
contained in this AgreemBnt, relBases and forevar discharges the othor from any and all claims one mBY
hBve agBinst the other arising out of this matrimonial action, including, but not limited to alimony, Blimony
pendente lite, spousBI support, equitBble distribution, counsol foos, costs Bnd expenses.
4, Wslverof Clslms ArJslnsllllo Eslolo, Excopt BS heroin otherwise provided, eBch party mBY
dispose of his or her property in any WBY, Bnd eoch party horeby waives and relinquishes any and all rights
he or she mBY now hBve or hareBfter acquiro under tho prosont or futuro low of Bny jurisdiction to share
in the property or the estatB of the othor os a result of tho ITlBrltal relBtionship, including, without
limitBtion, dowry, courtesy, statutory allowance, widow'sllllowonce, homosteed rights, right to Bquitable
distribution, rights to toke in intestacy, right to elect ogllinst tho will of the other, end right to BCt as
administrator or executor of the other's ostote, Each party will, at the request of the other, eXBcute.
acknowledge and deliver any Bnd all instruments that may be necessary or Bdvisable to carry into effect
this mutuBI waiver and relinquishment of all such intorosts, rights and claims.
5, Division of TsnrJlble PorsOllDLJ!IJlJlflLt'i, The parties hereto hBve divided bBtweBn
thBmselves. to their mutual satisfaction. all items of tangible morital personal propBrty, including
household furnishings end other similar proporty. All such household furnishings and othBr similar propBrty
presently located lit the marital homo at 3972 Orookridoe Drive, MechBnicsburg, Cumberland County,
,2,
010670.00001lJun. 19, 1997/DWD/MH/61634
PBnnsylvania ShBII become the SOIB Bnd sBparate property of Wife except those items listed on the
allachBd Exhibit" An which ShBII be and bBcome thB sole and sBparBte property of Husband, NeithBr party
shall make Bny claim to any such itBms of maritBI prOPBrty, or of the separate personal propBrty of eithBr
party, Should it become necessary the parties each Bgree to sign, upon request, Bny titles or documents
necessary to giVB effect to this paragraph.
With respBct to the motor vehicles ownBd by one or both of the partiBs, they agreB as follows:
A, ThB 1995 NissBn Maxima shall become the sole Bnd separate propBrty of Husband,
subject to any liens and encumbrancBs. Wife agrees, upon hBr execution of this
AgreBmBnt, to execute the title and all othBr documBnts nBcBssary to Bllect the
transfBr of sBid motor vehicle to Husband, Husband agrees to assumB Bnd discharge
in full on a timely basis Bny and all loans encumbering said motor vBhiclB and shall
indBmnify, dBfend and hold Wife harmless on account of Bny said obligation.
B. The 1992 DDdgB Caravan shall becomB thB sole and separBte property of Wife,
SUbjBCt to any liens and encumbrances. Husband agrBBs, upon his execution of this
AgreBment, to execute the titlBS and all other documBnts necessBry to Bfiect thB
transfBr of sBid motor vBhiclB to Wife, Wife agrees to assumB and discharge in full
on a timBly basis any and all loans Bncumbering said motor vehiclB and shall
indemnify, defend and hold Husband harmless on account of any said obligation.
6, Division of Real Prooertv. The parties are presBntly thB joint ownBrs of onB (1) tract of real
Bstate titled in thB name of Husband and WifB as tenants by the entiretiBs located at 3972 BrookridgB
Drive, MBchanicsburg, Cumberland County, Pennsylvania. The parties acknowledgB thatthis real property
has an approximatB fair market valuB of $225,000,00 and is presBntly encumbBrBd with a first mDrtgagB
to FleBt MortgBge Company with a balance of BpprDximately $150,300.00 and B second mortgagB (homB
Bquity loan) to Members First Federal Credit Union with Bn approximate balancB of $25.000.00, Husband
Bgrees to trBnsfer all of his right, titlB Bnd interest in and to thB said rBal BstatB situatB Bt3972 Brookridge
DrivB, Mechanicsburg, Cumberland County, Pennsylvania, to Wife, and Bgrees to executB any and all
.3-
010670.00001lJu".19.19971DWD/MH/61034
deeds, documBnts, or papers necossary to offoct such transfor of tltlo upon his Bxecutlon of this
AgrBBmBnt, WifB heroby covonants ond ogroa~ to assumo, dischargo ond poy In full on a timBly basis any
ond BII obligations oncumbering or constilUtino 0 lion or mortgago upon sBid propBrty including the
BforBsBid first mortgaga to Fleot Mortgogo Company and the second mortgBgo to Members 1 st FBderal
CrBdit Union, Bnd further covonants and ogroes that sho sholl indemnify, defend and saVB Husband
harmlBss from Bny Bnd allliobility, oxpeneo, cost or loss whotsDever BS 0 result of her nonpayment or
nonpBrformBnce of soid obligotlons, lions or oncumbrances, Including all costs BssDciatBd with
BnforcBmBnt of the Indemnificetlon provision. Any funds held In oscrow by 0 third party os 0 rBsult of a
mortgage encumbering soid real property 11I0 horoby assigned to Wifo, Within six (6) months of the
termination of HusbBnd's pBymont to Wilo of IIlilllony 115 set forth in peragraph 8 of this AgreBmBnt, Wife
hereby agreBs to toke any and 011 stops nllcosslllY to romovo Husband's name from thB obligations of the
first Bnd sBcond mertgages set forlh In this Agrooll1ont.
7, Retlremont FlIndUlnclJBIJ~. Tho pnrties ocknewledge that Husband presBntly is thB owner
of Bn IRA in his name with CoreStolos (Jonk. N,A, hovlng e value of $13,187,95. The parties BgreB that
within thirty (30) days of Husband's oxocutlon of this Agrooment, said IRA Bccount shall bB IiquidatBd and
thB procBBds thereof shall bo appliod to tho blllonco oxisting rn the partiBs' current homB equity loan to
Members 1 st Federol Credit Union oncumboring the property. ThB partiBs agreB that after applying the
prDceBds of this IRA, tho bolonco duo on thoir homo uquity loan shall then bB equally divided bBtwBBn the
parties Bnd each shall payoff Dno.hoif of tho IIrnount duo within sixty (60) days after Husband's IRA has
beBn appliBd to tho home oquity 101ln,
Tho portios ocknowlodgo thot Husbond is also e participant and owner of a 401 (k) rBtirement
Bccount ond definod bonolit retiromont pion through his employer, Rust Environment and InfrastructurB.
Wifo Bcknowlodges thot os of Docornbor 31, 1996, this 401 (k) retirBment account and the dBfined benefit
rotiromont pion hod 0 bolonco of $53,485.22, The pBrties BcknowledgB Bnd BgreB that Husband shall
rotein os his sole and soporoto property, Iroo of any claim BS to marital property by wife, thB entire amount
of his 401(k) rntiromonl IIccount and tho defined bBnefit retiremBnt plan from Rust EnvironmBnt and
Infrastructuro, including ony Incrooso in value thereof. Husband agrees that he shall bB solely rBspDnsible
for poymont of tho 10lln in tho omount of $5,379.59 outstanding Bgainst his 401(k) retirement BCCDunt,
-4.
010670.00001lJuno 19. 1997IOWD/MH/ele34
Wife elso acknowledges that Husband has Bcquired a rBtiremBnt benefit in thB form of an annuity
from his former BmploYBr, Cebot Corporation. Said annuity shall be in thB form of monthly payments of
$167.41 to be received by Husband whBn hB BttBins age sixty.fivB (65), ThB parties agrBe that this Cabot
Corporation retirement benefit shall become Husband's sDIB and sBparBte property frBB of Bny claim as
to maritel property by Wife.
8. Alimonv. In recognition of the criteria set forth in Section 3501 of thB Divorce COdB,
Husband shall pay to Wife as alimony for her support Bnd maintBnance commencing on JBnuary 1, 199B,
the sum of $700,00 per month payable on thB first business day of each month Bnd continuing thereafter
until JUnB 30, 1999, at which point said alimony paymBnt shall increase to thB sum of $1,100.00 pBr
month effective July 1, 1999 and payablB on thB first business day of each month and continuing Bvery
month thereafter until June 30, 2002 Bt which point said alimony shall bB incrBased to thB sum of
$1,700.00 per month effective July 1, 2002 and payable on thB first businBSS day of each month and
continuing every month thereafter until SBptBmber 1, 2014, Bt which point thBY shall CBase forBver unless
terminated eelliBr as a rBsult of OnB of thB events occurring as set forth in this Paragraph B.A, through
E. The aforesaid monthly alimony paymBnts shall tBrminate and forBver cease earliBr than SeptembBr 1,
2014 upon eny onB of the following conditions occurring:
A. Wife's death;
B. Husband's death;
C. Wife remerries or cohabitates with another pBrsDn not within thB prohibitive degreBs
of consanguinity for Bt IBast fifty (50%) percent of the time for B period of not less
thBn sixty (60) days;
D. Wife's net worth is equal to or in excess of $250,000.00 excluding thB equity in the
marital home at3972 BrookridgB Drive, Mechanicsburg, Pennsylvania (Determination
of Wife's net worth for purpOSBS of this paragraph shall bB cBlculBted bBSBd on
-5.
010670.00001lJuno lD.1DD7/DWD/MH/61834
Bssets ectuBlly paid to Wife end within hBr possBssion and control, NBt worth shall
not include Bssets hBld in trust for her bBnBfit but not yet released to her,): or
E. Wife's annual incomB from BII sourCBS except thesB alimony paymBnts is equal to
or greBter than Husband's annual incomB,
If said monthly BlimDny paymBnts by Husband are more than thirty (30) days in arrears, Wife CBn
apply through thB local DomBstic RBlations OfficB for B wage attachment ordBr for the Bmounts listBd
hBrein, Wife reserVBS the right, pursuant to the terms of this AgreBmBnt, to have thB Blimony obligations
of Husband confirmed in thB finBI DivorcB DBcree.
In the eVBnt that Husband's Bnnual taxable income for federal income tax purposes for any year
or years during the timB pBriod that he is requirBd te pay alimony herBundBr is IBSS than his total incomB
for 1997 ($78,800.00), Husband and WifB shall renegotiate the monthly amount or amounts Husband is
to pay in alimony hereunder, Should the parties bB unable to nBgotiate a lower monthly alimony payment
or payments BS B result of Husband's income being reduced, thB parties shall submit the matter to binding
Brbitration pursuant to the rulBs of thB AmericBn Arbitration Association, During the timB pBriod thBt
Husband is required to pay alimony hereunder. upon Husband's request, Wife agreBs to providB Husband
a copy of hBr most recBntly filed federal and statB incDmB tax returns and a notarized stBtBment of her
nBt worth which shall include thB value of any trust established for hBr benefit Bnd thB present value of
Bny Bnnuity paymBnts which she is recBiving or is entitlBd to rBcBivB.
The support obligations of Husband embodied in this paragraph are unrBlated to thB division of
marital prDpBrty as SBt forth in this AgreBment and is not intended in any way to constitute a form of
payment to WifB for any rights or interBst ShB may have in the matrimonial BstatB. The alimony payments
provided for in this paragraph are intended by both spouses to qualify as contractual Blimony BS that term
is dBfined in Section 71 of the InternBI Revenue Code of 1954, BS amBndBd. Said Blimony payments ShBII
bB included in thB gross incomB of Wife under Section 71 of thB Internal RBvBnue Code of 1954, Bnd
dBductiblB by Husband UndBr SBction 215 of thB IntBrnal RevBnue COdB of 1954, ThB partiBs contemplatB
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010670.00001lJuno 19, 1997/DWD/MH/61B34
thBrefore, thBt BII of the provisions of this parBgrBph shall be Interpreted in the mBnnBr consisting with
thBt intention.
9. Child SUDDort, From and after thB date of the parties sBparBtion (Husband moves out of
marital homr:' Husband shall pay to Wife for thB support of thB partiBs' minor children, KBvin David Wolfe
and MBghan RBbeccB Wolfe, thB sum of $1,700,00 pBr month, Said child support paymBnts ShBII bB
made by Husband dlrBctly to Wife on a monthly basis. If the monthly paymBnt by Husband Is more than
thirty (30) days In BrrBBrs, Wife can apply through the local Domestic RBlations Office for a wBgB
attachment order of the amounts listed herBin, The monthly amount for child support to bB paid by
Husband shall bB rBduced on January 1, 1998 to the amount of $1,000.00 for the support of thB parties'
two minor children listed above. On or about July 1, 1999, thB monthly Bmount for child support to be
paid by Husband shBII be reduced to $600.00 pBr month for the support of the parties' minor daughter
MBghan RBbecca Wolfe, Said monthly paymBnts by Husband to WifB for thB support of thBir minor
daughtBr shall forever ceaSB upon thB June 1, 2002 paymBnt.
10. Life Insurance. Husband is presently thB ownBr of a life insurance policy iSSUBd by
MassachusBtts Indemnity and LifB Insurance Company in the face amount of $180,000.00. HusbBnd
agreBs to nBmB WifB as bBnBficiary undBr this policy in thB minimum Bmounts BS set forth on thB attached
Exhibit "B" for BS long BS Husband is rBquired undBr this AgreBmBnt to pay Blimony andlor child support
to Wife. Upon the tBrminatiDn of alimony and child support payments pursuant to this AgreBmBnt,
Husband may name as benBficiary whomBver he chooses on this life insuranCB policy. Husband may also
designate as a benBficiary whomevBr he ChDOSBS for the Bmount of insurancB ebove the minimum vBlues
set forth on thB BttBChBd Exhibit "B". Husband shall give Wife the right to contBct the insurance company
and any broker or agBnt who issued or is rBspDnsiblB for servicing said policy in order to determine that
thB policy is currBnt and that Wife remains thB bBnBficiary to thB Bxtent required herBundBr,
11. Health Insurance, Husband shall provide hBalth insurance for the benefit of thB parties'
minor childrBn and dBpBndent adult children to the extBnt such is made BvailablB to him by his employer.
Husband agreBs to pay thB additional cost of Bny such hBalth insurBncB BS it pertBins to his children
provided such insurance is availablB to him through his emplOYBr Bnd the child or children CBn bB covBrBd
.7.
010670.0000l/Juno 19. 1997/DWD/MH/61834
thereunder. Upon a final Divorce DecreB, Wife acknowledgBs and understands that Husband can no 10ngBr
provide hBalth insuranca coveragB for hBr through his employment. Wife thereafter shall be responsible
for obtaining her own hBalth insurance coverage at her sole cost Bnd expense.
12, 1997 Federa/end State Tex Returns. ThB parties agree to file joint 1997 federal and state
income tax returns. Any refund due shall be divided equally between the parties, Any amount dUB shall
be paid by the partiBs in the samB proportion of their respective annual income to the parties' total annual
income for 1997.
13, De/Jendent Deductions, ThB parties agree thBt beginning in 1998, and continuing thereafter
as long BS it is allowed by thB thBn applicable law, Wife shall claim one (1) of thBir children as B dependent
deduction on her fBdBral income tax return, All othBr children which Qualify as a dependent deduction,
after Wife claims one (1) child, shall be claimBd by Husband as a dBpBndent deduction on his fedBral
income tax return.
14. Custody. Husband and Wife shall have shared legal custody of the parties' minor childrBn,
KBvin David Wolfe and Meghan RBbecca Wolfe, Husband and Wife shall each have the right to make
major parenting decisions affecting the children's hBalth, education and welfare, Each party agrees to
consult with thB othBr with respect to those major parenting dBcisions. Primary physical custody of thB
minor children shall bB with Wife, and Husband shall have pBriods of tBmporary physical custody as
follows:
A, Every other weekend beginning at 6:00 p.m. on Friday and continuing until 6:00
p,m. on Sunday,
B, At least onB evening pBr weBk to be agreed upon by thB parties taking into
consideration the children's extracurricular activities,
.8.
010670.00001lJuno 19, 1997/DWD/MH/61B34
C, At least two (2) full Bnd uninterrupted wBeks during the summer which CBn bB taken
consBcutively or BS separate weBks. The weeks are to be agreBd upon by thB
parties,
D, The child's birthday shall be shared by the partiBs,
E. The Christmas holiday shall bB divided into two separate blocks, Block A will bBgin
on DecembBr 24 at 6:00 p,m. and continue through DecBmbBr 25 at 10:00 a.m.
Block B shall begin on DBcembBr 25 at 10:00 a,m, and continue through DecBmbBr
26 at 6:00 p.m. In 1997, WifB shall have Block A with the minor children and
Husband shall have Block B. The parties shall then altBrnate from year to year,
F. Thanksgiving (Wednesday evening through Sunday evening) and EastBr weekend
(Friday evening through Sunday Bvening) shall be alternated every other YBar
between the parties (but not both in the same year),
G. In the event a holiday conflicts with a weekend, thB holiday schedule shall control.
H. Husband shall be entitlBd to other times of partial physical custody BS mutually
agreed upon by the parties.
15. Consu/tatlon Prlvlleoes. In addition to any provisions which may be contained herein
regarding custody, Husband shall have thB following rights with rBspect to the children: reasonable
telephonB calling privileges; access to report cards and other relevant information concerning the progress
of the child in school; approval of extraordinary medical and/or dental treatment except in the case of an
emergency Bnd provided that such approval shall not be unreasonably withheld; approval of summBr camp
Bnd schools provided that such approval shall not be unreasonably withhBld. During such time as thB
children reside with thB noncustodial parent, the noncustodial parent shall be responsible for all aspects
of his/her care, including medical and shall have thB duty to immBdiately advisB the other parent of any
unusual occurrences or any iIInBss, Each of the parties hereby acknowledge that it is important that the
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010670,OOOOllJune 19, 1997/DWD/MH/61B34
children continue to have a relationship with both the Husband Bnd Wife, and each hereby agrees to assert
his or her bBSt efforts to ensure that those relationships continue and are not in any way adversely
Bffected.
16, Investments, Stocks end Bonds, All othBr bank accounts, stocks, bonds and other
invBstments hBld in separBte namBS shall bBcome thB SOIB and separate property of the pBrson in whose
name it is now titled. In the event therB exists any bank accounts, stocks, bonds or othBr investments
now held in joint names, those invBstments shall bB divided equally bBtween the parties on the date of
settlement,
17. A dditlonal Instruments, Each of the parties shall promptly, on demand, execute and deliver
to the other any deeds, bills of sale, assignmBnts, consBnts to change of beneficiary on insurance policiBS,
tax returns and other documents and do or cause to bB done any other act or thing that may be necessary
or desirable to effectuate thB provisions and purposes of this AgreBment. If either party fails, on demand,
to comply with this provision, that party shall pay to thB other, all attorneys feBs, costs and other
expenses reasonably incurred as a result of such failure.
18, Debts and Liabilities. Husband and Wife hereby represent and warrant to the other that he
or she has not incurred any debts or liabilities or made Bny contracts for which thB othBr or his or hBr
estate may be liable, excBpt as stBted in this Agreement. If either party has incurred an individuBI
obligation during thB term of the marriagB, that party shall bB responsible to discharge said obligation and
hBreby agrees to indBmnify and save the other spouse harmless on account of said obligation,
19. Warrantves to Future ObliC1ations, Husband and Wife each covenant, warrant, represent
and Bgree that with the exception of the obligations set forth in this AgreBment, neither of thBm shall
hereafter incur any liability whatsoBver for which the Bstate of the other may be liable. Each party shall
indemnify and hold harmless thB other party for and against any and all debts, charges and liBbilities
incurred by the other after the datB of eXBcution of this Agreement, except as may be otherwise
specifically provided for by the terms of this Agreement,
-10.
010870.0000l/Juno 19. 1997/DWD/MH/81e34
20. After Acauired Personsl Prooer/v, Each of the parties hereto shall hereafter own Bnd enjoy,
indepBndBnt of any claims or right of thB othBr, all items of personal property, tBngible or intangible,
hBreBftBr acquired by him or her, with full power in him or hBr to dispose of thB samB as fully Bnd
effectively, in all respects Bnd for BII purposes, as though hB or ShB were unmBrried.
21, Reoresentstion bv Counsel. The provisions of this AgreemBnt and thBir IBgal affBct have
bBBn fully explained to thB partiBs by thair respective counsBl, David W. DeLucB, Esquire, for Husband Bnd
BBrbBra SumplB-Sullivan, Esquire, for Wife, ThB pBrties acknowledge thBt thBY hava received independent
IBgal Bdvice from counsBI of their own selection and that they fully undBrstBnd thB fBCtS Bnd hBve bBen
fully informed as to thBir legBI rights and obligations Bnd they acknowledgB Bnd accBpt that this
AgreBment is fair Bnd equitBble and that it is bBing entBred into freely and voluntarily,
22. Mutusl Consent Divorce. ThB partiBs agree and acknowlBdge that thBir marriage is
irretriBvably brokBn, that thBY do not desire maritBI counsBling, and that they both will consent to the
entry of a decree in divorce pursuant to SBction 3301 (c) of the PBnnsylvania Divorce Code, Act 26 of
1980, as may bB amBnded (hereinafter referred to as the COdB), Husband agrBes to file a no-fault divorcB '
action in the Cumberland County Court of Common Pleas, Both parties agree that in January 1998, they
will each execute Affidavits of Consent and other documents which are necessary to finalize a no-fault
divorce action in 1998,
23. Effect of the Divorce Decree. ThB parties agree that unless otherwisB specifically provided
hBrein, this Agreement shall continue in full force and effect after such time as a final decree in divorce
may be Bntered with respBct to thB parties. It is the intBnt of the parties hBreto that this AgrBBmBnt shall
create contractual rights and obligations entirely independent of any Court Order Bnd that this AgrBemBnt
may bB enforced by contract remedies in addition to any othBr rBmediBs which may be available pursuant
to thB tBrms of this AgreemBnt or otherwise under the Pennsylvania divorcB laws,
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010670.00001lJun.19,1997IDWDIMHI61634
24, Breach, If Bither pBrty brBBches Bny provision of this AgreBmBnt, thB other party ShBII heve
thB right, at his or har election, to sue for damages for such breach. ThB party breaching this Agreement
ShBII be responsiblB for the payment of alllegBI feBS and costs incurred by the other in enforcing his or
her rights under this AgreBment, or sBeking such othBr remedy or reliBf as may bB BVBilBblB to him or hBr,
25, Modification and WaIver, Modification or waiver of any provision of this AgrBBmBnt shall
bB effective only if made in writing Bnd executed with the same formality BS this AgreemBnt. The failure
of eithBr pBrty to insist upon strict performance of Bny of the provisions of this Agreement shall not bB
construBd as a waiver of any subseqUBnt default of thB same or similar nature,
26, Severabllltv. If any provision of this AgreemBnt is hBld to be invalid or unenforceable, all
other provisions shall nevertheless continue in full force and effect.
27, Descrlot/ve HeadinQs, The descriptive headings uSBd hBrein Bre for convenience only, They
shall haVB no effect whatsoever in dBtermining the rights or obligations of thB parties.
28. Successors and Ass/Qns, This AgreBmBnt, except as othBrwise expressly providBd hBrein,
shall be binding upon and ShBII inurB to thB benBfit of the respective legatees, dBvisees, hBirs, executors,
BdministrBtors, assigns and successors in interest of the parties.
29. Govern/nQ Law. This AgrBBment shall bB governed by and shall be construed in accordance
with the laws of thB Commonwealth of Pennsylvania.
30, Ent/re AQreement. This AgreemBnt contains thB Bntire understBnding of the parties and
thBre are no representations, WBrranties, covBnants or undertakings othBr thBn those expressly set forth
herein.
-12-
010B70.00001lJuno 19, 1997/DWD/MH/B1934
31, Incoroors/lon, ThB pBrties agreB that the terms and provisions herein may be incorporated
and made a part of eny divorce decree entered between them. Said Agreement ShBII not merge with. but
shall survive the Decree in Divorce, and will be incorporated for the purposes of enforcement and
confirmation of thB IBgBI dutiBS Bnd obligations required herein,
IN WITNESS WHEREOF, thB pBrtiBs hereto, intending to be legally bound hereby, have hBreunto
set their hands and sBals thB day and year first above-written,
WITNESS:
tJ&,J
David W. Wolfe
(SEAL)
_~~W~(SEAL)
Kathry D. Wolfe
-13-
Schedule OfMlnlmom AmDWlt Of Insurance Coveraee To
Be Malntafned Naming Kathryn D. Wolfe As Beneficiary
D& Mlnlmlmurn Value
Apr-97 $180,000
Jan-98 $180,000
Jan-99 $180,000
Jan-2000 $180,000
Jan-2001 $180,000
Jan-2002 $180,000
Jan-2003 $180,000
Jan-2004 $180,000
Jan-2005 $180,000 ~
Jan-2006 $178,500
Jan-2007 $158,100
Jan-200B $137,700
Jan-2009 $117 ,300
Jan-2010 $96,900
Jan-2011 $76,500
Jan-2012 $56,100
Jan-2013 $35.700
Jan-2014 $15.300
EXHIBIT "B"
ADDENDUM TO MARITAL SETTLEMENT AGREEMENT
DATED JULY 1,1997
THIS ADDENDUM, made this .j-H- day of ~tI.-, 1998, by and
between DAVID W, WOLFE, hereinafter referred to as "HUSBAND," and KATHRYN D.
WOLFE, hereinafter referred to as "WIFE."
WITNESSETH, That:
WHEREAS, the parties executed a Marital Settlement Agreement on July 1, 1997
(hereinafter referred to as "Agreement");
WHEREAS, the parties are desirous of amending and c1arifyin9 Paragraphs 8, 9 and 13
entitled Alimony, Child Support and Dependent Deductions respectively of said Agreement
to deal with certain ambiguities in said paragraphs which have become apparent to the parties
and which arise out of a mistaken date for emancipation of the parties' son as was included in
the original agreement;
NOW THEREFORE, the parties in an effort to amend said Paragraphs and avoid any
future disputes, state as follows:
"
I. ALIMONY
A. Paragraph 8 of the parties' Agreement dated July 1, 1997 had identified the
following schedule for alimony payment:
January 1, 1998 through and including June 30. 1999
July 1, 1999 through and including June 30, 2002
July 1, 2002 through and including September 1,2014
$ 700,00 per month
$1,100.00 per month
$1,700,00 per month
(Unless terminated earlier In accordance with the paragraph's conditions.)
B. The parties do hereby amend the dates for the Increases in alimony as follows:
January 1, 1998 through and Including June 30, 2000 $ 700,00 per month
July 1,2000 through and including June 30, 2002 $1,100,00 per month
July 1,2002 through and including September 1,2014 $1,700,00 per month
(Unless terminated earlier In accordance with the paragraph's conditions.)
C. All other terms and provisions of this Paragraph remain the same and In full
force.
II. CHILD SUPPORT
A, Paragraph 9 of the parties' Agreement dated July 1, 1997 had identified July 1,
1999 as the date that HUSBAND's child support obligation is reduced from $1000,00 to $600,00
per month as a result of the emancipation of the parties' son. The parties do hereby amend the
date for this reduction from July 1, 1999 to July 1, 2000 in light of his actual graduation from
high school.
B. The parties do further agree that the children's unreimbursed medical expenses
shall be divided between the parties proportionately to their respective income levels, The
parties agree that the present division of the unreimbursed medical expenses is 80/20 with
HUSBAND responsible for 80% of the unreimbursed medical expenses and WIFE responsible
for 20%.
z
C, All other terms and provisions of this Paragraph remain the same and In full
force.
III, DEPENDENT DEDUCTIONS
A. Paragraph 13 of the parties' Agreement dated July 1, 1997 allows WIFE to claim
one of the children as a deduction and HUSBAND the balance.
B, The parties do hereby agree to exchange Information on an annual basis to
determine the best use of the available dependent deductions by the parties.
C. The terms and provisions of this paragraph shall replace the terms and
provisions of Paragraph 13 of the parties' Agreement.
IV, CLOSING
A. The parties agree that this Addendum shall be Incorporated but not merged with
their Divorce Decree.
B. All other lerms and provisions of the parties' Agreement are reaffirmed and
remain the same and In full force,
3
IN lHE COORT OF CXM-1Ct-I PLEAS OF
CLMllERLAND COONl'Y. PENNSYLVANIA
DAVID W. I'KlLm.
Plaintiff
NO, 97-3(,10
19
CIVIL
vs,
KATHRYN D. I'KlLm.
Defendant
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record. together with the following information. to the court
for entry of a divorce decree:
1. Grounds for divorce: irretrievable breakdown under Section 3301 (c)
~ of the Divorce Code. (Strike out inapplicable section)
2. Date and rranner of service of the car.plaint: Acceptance of Service
signed by Defendant's counsel on July 15, 1997 and filed on July 22, 1997.
3. Car.plete either Paragraph A. or 8,
A. Date of execution of the affidavit of consent required by Section
3301 (c) of the Divorce Code: by the plaintiff
January 27, 1998
by the defendant
March 4, 1998
8, (1) Date of execution of the plaintiff's affidavit required by
Section 3301 (d) of the Divorce Code:
(2) Date of service of the plaintiff's affidavit upon the defendant:
4. Related claims pending:
None.
5. Indicate date and manner of service of the notice of intention to file
praecipe to transmit record, and attach a copy of said notice under Section
3301 (d)(l)(i) of the Divorce Code Waiver of Notice of Intention to Request
Entry of a Divorce Decree signed by
1998.
to
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Johnson, Duffie, Stewart & Weidner
By: David W. DeLuce
I.D, Nu, 41687
30 I Market Street
P. 0, Box 109
Lemoync, Pennsylvania 17043-0109
(717) 761-4540
Atlomeys ror Plaintirr
DAVID W. WOLFE.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 97-3618 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
Plaintiff
v.
KATHRYN D, WOLFE,
Defendant
AFFIDA VIT OF CONSENT
1, A Complaintin divorce under Section 3301(c) of the Divorce Code was filed on July 2,1997,
2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of filing the Complaint.
3. I consent to the entry of a final decree in divorce after service of notice of intention to request
entry of the decree.
4. I have been advised of the availability of marriage counseling, understand that the Court
maintnins a Hst of marriage ccunz:J!crs 3r.d th3t I m3Y reque$t the Ccurt require my spou~t:! and I to participate
in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in
counseling prior to the divorce becoming final.
I verify that the statements made in this Affidavit are true and correct. I understand that false
statemenls herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to
authorities.
Date:
1/.P/1 ~
,
:105763
Johnson, Duffie, Stewart & Weidner
By: David W, Deluce
J.D. No, 41687
30 I Market Street
p, O. Box 109
lemoync, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Plaintiff
DAVID W. WOLFE,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-3618 CIVIL TERM
Plaintiff
v.
KATHRYN D, WOLFE,
CIVIL ACTION - LAW
IN DIVORCE
Defendant
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in divorce without notice.
2, I understand that I may lose rights conceming 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
statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unswom falsification to
authorities,
Date:
Iln /ciS
/ '
I
1'/1',7 /f-;./
, I.c/ :----.
.~
avid W, Wolfe. lain tiff
,Johnson, Duffie, Stewart & Weidner
By: David W, DcLucc
I.D, No, 41687
301 Markct Strcct
P. 0, Box 109
LCl1loync, Pcnnsylvania 17043-0109
(717) 761-4540
AlIomcys for Plaintiff
DAVID W, WOLFE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-3618 CIVIL TERM
v,
CIVIL ACTION - LAW
KATHRYN D, WOLFE,
IN DIVORCE
Defendant
AFFIDA VIT OF CONSENT
1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on July 2, 1997,
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of filing the Complaint.
3. I consent to the entry of a final decree in divorce after service of notice of intention to request
entry of the decree.
4. I have been advised of the availability of marriage counseling, understand that the Court
maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate
in counseling and, being so advised. I do not request that the Court require that my spouse and I participate in
counseling prior to the divorce becoming final.
I verify that the statements made in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unswom falsification to
authorities.
Date:-3./ lj / q g
f .
nt