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HomeMy WebLinkAbout03-1030MARGARET L. WOLF, Plaintiff V, JOSEPH T. WOLF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O3-- /030 CIVIL ACTION - LAW CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim of 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 grounds 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, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 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 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. MARGARET L. WOLF, : Plaintiff : : V. : : JOSEPH T. WOLF, : Defendant : : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- /~_~ CIVIL ACTION - LAW CUSTODY COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Margaret L. Wolf, by and through her attorneys, Wix, Wenger & Weidner, and files the within Complaint against the Defendant, averring as follows: Count I- Under Section 3301(c) and 3301(d) of the Divorce Code 1. Plaintiff is Margaret L. Wolf, an adult individual who currently resides at 1504 McCormick Road, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania 17055. Plaintiff has lived at said address since August 2001. Plaintiff's social security number is 483-78-2009. 2. Defendant is Joseph T. Wolf, an adult individual who is believed, and therefore averred, to currently reside at 1605 Arbor View, Silver Spring, Maryland 20902. Defendant is believed, and therefore averred, to have lived at said address since July 2002. Defendant's social security number is 149-54-7092. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 11, 1991, in Baltimore, Maryland. 5. The Plaintiff and Defendant separated on or about September 27, 2002. 6. The Plaintiff and Defendant are both citizens of the United States of America and are not members of the armed forces. 7. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 8. This action is not collusive. 9. Plaintiff has been advised of the availability of counseling and understands that she may have the right to request that the Court require the parties to participate in counseling. 10. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce pursuant to Section 3301(c) or Section 3301(d) of the Pennsylvania Divorce Code of 1980, as amended (herein, the "Divorce Code"). Count II - Equitable Distribution 11. Paragraphs 1 through 10 hereof are incorporated herein by reference. 12. 13. 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 3501 of the Divorce Code. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint, and substantial portions of said property are in the exclusive control of Defendant. WHEREFORI~, Plaintiff requests this Honorable Court to enter a Decree for Equitable Distribution pursuant to Section 3501 of the Divorce Code. Count III - Custody 14. Paragraphs 1 through 13 hereof are incorporated herein by reference. 15. Plaintiff seeks full legal and physical custody of the minor children, Lorne R. Wolf, who was born on June 16, 1993, and Vienna J. Wolf, who was born on October 13, 1997, of Plaintiff and Defendant (collectively referred to herein as the "Children"). 16. Plaintiff is the mother of the Children. 17. Defendant is the father of the Children. 18. The Children were not born out of wedlock. 19. The Children are presently in the custody of the Plaintiff. 20. Since their birth, the Children have resided with the following people at the following address: NAME (S) Margaret L. Wolf and Joseph T. Wolf Margaret L. Wolf and Joseph T. Wolf Margaret L. Wolf ADDRESS 1504 McCormick Road, Mechanicsburg, PA 17055 London, England 1504 McCormick Road, Mechanicsburg, PA 17055 DATES June 16, 1993 to January 1999 January 1999 to August 2001 August 2001 to present 21. Plaintiff and Defendant are currently married. 22. 23. 24. 25. 26. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the Children in this or another court. The Plaintiff has no information of custody proceedings concerning the custody of the Children pending in any court in this Commonwealth or elsewhere. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the Children or claims to have custody or visitation rights with respect to the Children. The best interest and permanent welfare of the Children will be served by granting the relief requested because: a. the Plaintiff is best able to provide for the care and affection for the Children; b. the Plaintiff is best able to provide for the care and maintenance of the Children because the Plaintiff has provided most of the parental care to the Children for their lifetimes; c. Plaintiff currently resides in the marital residence, which Defendant voluntarily vacated; d. the Plaintiff is better suited to be the responsible parent because Defendant's work requires him to spend a substantial amount of time traveling; Each parent whose parental rights to the Children have not been terminated and the person who presently had physical custody of the Children have been named as parties to this action. There are no other persons who the Plaintiff knows to have any claim or right to custody or visitation of the Children. WHEREFORE, Plaintiff, Margaret L. Wolf, respectfully requests this Honorable Court to grant her sole legal and physical custody of the parties' minor children with such visitation rights to the Defendant as the parties shall mutually agree, and to grant such further relief as this Court deems just and appropriate. Count VI - Counsel Fees~ Costs and Expenses 27. Paragraphs 1 through 26 are incorporated herein by reference. 28. Plaintiff has engaged David R. Getz, Esquire, Jeffrey C. Clark, Esquire, and Wix, Wenger & Weidner, to represent her in this cause. 29. Plaintiff is unable to pay her counsel fees, costs and expenses, and Defendant is more than able to pay them. 30. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Plaintiff requests that, after final hearing, the Court orders Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that, pursuant to Section 3104(a)(1), 3323(b) and 3702 of the Divorce Code, the Court enter an Order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. [SIGNATURE PAGE FOLLOWS] Respectfully submitted, WIX, WENGER & WEIDNER By: D~vid R. Getz,' Esquire, I.D.~34838 Jeffrey C. Clark, Esquire, I.D. #89277 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff F:\drg\9541 -Wolf, Margaret L\12084 - Domestic Relations\Documents\Complaint.doc VERIFICATION I, Margaret L. Wolf, Plaintiff in the foregoing Complaint, have read the foregoing Complaint and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: ~/~q//~..~ MARGARET L. WOLF, : Plaintiff : : V. : : JOSEPH T. WOLF, : Defendant : : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-103O CIVIL ACTION - LAW CUSTODY AFFIDAVIT OF ~ERVII~I= I, Karen S. Carter, Secretary in the law firm of Wix, Wenger, & Weidner, P.C., hereby certify that on March 10, 2003, I sent a true and correct copy of the Complaint in Divorce, properly endorsed, to Defendant, Joseph T. Wolf, by Certified Mail, Restricted Delivery, No. 7099 3400 0002 2087 0506, postage prepaid, restricted delivery, return receipt requested, to 1605 Arbor View, Silver Spring, Maryland 20902, the Defendant's last known address; and that the Defendant received the Complaint in Divorce on March 13, 2003, pursuant to the return receipt card, which is attached hereto and marked Exhibit A. WIX, WENGER & WEIDNER, Attorneys for Plaintiff / By:/ ~'-~/ /~/e~ ~,~ ' ~.' -Karen S. C'~r- Legal Secretary 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 Sworn to and subscribed before me this 17th day of March 2003. N'~et~ r~ Public My Commission Expires: (SEAL) ~ NOTARIAL SEAL , ~ LISA M. SITES, NOTARY PUBLIC ICITY OF HARRISBURG, DAUPHIN COUNTYI ! MY COMrv!,SSION EXPIRES APRIL 28. 2005 · Complete iten~s 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 mailpieca, or on the front if space permits. 1. Article AddreSsed to: 2. Article Number PS Form 3811, August 2001 below: I"1 No ~ Certified Mail [] Express Mail ' I-I"Registered [] Return Receipt for Merchandtee · [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~Ye~ Domestic Return Receipt 102595-02-M-1540 EXHIBIT "A" MARITAL SETrLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT ("Agreement") is made this ~ day of..-~J ~ ~ , 2003, between Margaret L. Wolf (hereinafter called "Wife"), of 1504 McCormick Road, Mechanicsburg, Cumberland County, Pennsylvania, and Joseph T. Wolf (hereinafter called "Husband"), of 1605 Arbor View, Silver Spring, Maryland. RECITALS: R-1. The parties hereto are wife and husband, having been married on July 11, 1991, in Baltimore, Maryland. R-2. There are two children of the parties, namely: Lorne R. Wolf, born June 16, 1993; and Vienna J. Wolf, born October 13, 1997 (the "Children"). R-3. Differences, disputes and difficulties have arisen between the parties in consequence of which they have been living separate and apart from each other since on or before September 27, 2002 (the "Separation Date"), and intend to do so for the rest of their natural lives; and the parties hereto are desirous of settling fully and finally their respective personal, financial and property rights and obligations as between each other, and of settling child support, spousal support, alimony, alimony pendente lite rights, child custody and visitation, and equitable distribution, including without limitation: (a) The settling of all matters between them relating to the ownership and equitable distribution of real and personal property; (b) The settling of all matters between them relating to the past, present and future support, and maintenance of Wife by Husband; (c) The settling of all matters between them relating to support, custody and visitation of the Children; and (d) In general, the settling of any and ail claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the above recitals and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, Wife and Husband, each INTENDING TO BE LEGALLY BOUND hereby, covenant and agree as follows: Recitals. The above recitals are incorporated by reference as if set forth fully herein. 2. Separation. It shall be lawful for Husband and Wife to live separate and apart from each other and to reside from time to time at such place or places, as each shall respectively deem fit. 3. Divorce. It is specifically understood and agreed by and between the parties hereto, and each of the said parties does hereby warrant and represent to the other that Wife filed a Complaint in Divorce in the Court of Common Pleas of Cumberland County, Pennsylvania, on March 7, 2003 filed to Docket Number 03-1030 Civil Term, on the grounds that the marriage is irretrievably broken. Husband and Wife hereby agree that each of them will sign any and all consents, affidavits, agreements and other documents and take other such actions necessary to finalize said divorce. Wife's attorney shall file the consents with the Cumberland County Court in order to finalize the divorce as soon as possible. 4. Leclal Effect. The provisions of this Agreement are intended to effect a legally binding property settlement between the parties. Wife has been represented by David R. Getz, Esquire. Husband has been advised by Wife's counsel in writing to obtain separate legal counsel and has voluntarily chosen not to seek counsel. Each party acknowledges that she or he each has read this Agreement, has been afforded sufficient time to seek counsel and to discuss this Agreement and all 2 financial information related to this Agreement with counsel, fully understands the facts, has been fully informed as to her or his legal rights and obligations by counsel, or has waived the right to do so, and each party acknowledges and accepts that this Agreement is fair and equitable, that it is being entered into freely and voluntarily and that this Agreement and the execution thereof is not the result of any duress, undue influence or collusion. 5. Interference. Each party shall be free from all control, restraint, interference, or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on, and engage in any business, occupation, profession, or employment, which to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes, which led to, or resulted in, the continuation of their living apart. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other, nor in any way interfere with the peaceful existence, separate and apart from the other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 6. Disclosure. Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wherever located belonging in any way to either of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income and retirement savings received or receivable by each party, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. The parties confirm that each has relied upon the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. 3 7. Names. It is understood that the terms "Husband" and "Wife" are used throughout this Agreement solely as the method of identifying the parties, and such words shall not be construed to have any special meaning or purpose for their use and are not dependent on their marital status with each other. 8. Personal Propertv. (a) Furniture. The parties agree that Wife may have whatever furniture she desires from the marital residence. All of the furniture that will then be in Wife's possession belongs to Wife. All of the furniture that will then be in Husband's possession belongs to Husband. Husband hereby transfers to Wife all of his right, title and interest in and to all of the furniture taken by Wife, and Wife hereby transfers to Husband all of her right, title and interest in and to all of the furniture retained by Husband. (b) Other Personal Pro[~ertv. Wife may have whatever personal property she desires from the marital residence. All of the personal property that will then be in Wife's possession belongs to Wife. All of the personal property that will then be in Husband's possession belongs to Husband. Husband hereby transfers to Wife all of his right, title and interest in and to all of the property taken by Wife, and Wife hereby transfers to Husband all of her right, title and interest in and to all of the property retained by Husband. (c) Husband is seeking a job transfer pursuant to his employment as a United States Customs Officer. At the time Husband is transferred, Husband agrees to move Wife's furniture and personal property, and the furniture and personal property of the Children, to a destination chosen by Wife in Florida at Husband's expense or at the expense of Husband's employer. 9. Real Propertv. (a) Husband and Wife are the owners of real property known as 1504 McCormick Road, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania (the "Property"). (b) Husband and Wife agree to sell the Property upon Husband's next transfer pursuant to his employment as a United States Customs Officer. Husband shall request such a transfer immediately upon execution of this Agreement and shall take all necessary steps in a good faith effort to obtain such a transfer as soon as possible. The parties shall mutually agree upon the terms of sale and a real estate agent to list the Property. If Husband has not obtained a transfer by July 1,2004, the parties shall immediately list the Property for sale. (c) All proceeds from the sale of the Property will be divided evenly between Husband and Wife. (d) Until sale of the Property is completed, Husband will continue to pay the first mortgage on the Property payable to Principal Residential Mortgage in the amount of $1,000.00 per month and the existing home equity loan on the Property payable to PNC Bank in the amount of $ 45.00 per month, and all utilities, maintenance, hazard insurance and real estate taxes on the Property. 10. Distribution of Other Assets. (a) Retirement Savin(~s. The parties agree that Wife has no retirement savings. The parties agree that Husband has individual retirement accounts, United States Coast Guard retirement ("USCG Pension"), Federal Thrift Savings Plan ("Thrift Savings Plan"), Federal Employee Retirement System plan ("FERS Pension"), annuities and/or pension plans (collectively "Husband's Retirement Savings"). Husband's Retirement Savings shall be divided asset forth herein. Husband agrees to execute any and all documents at any time that are necessary to effectuate this paragraph. 5 (i) Thrift SavinQs Plan. Husband and Wife agree that Wife, pursuant to a Domestic Relations Order, shall receive from Husband's Thrift Savings Plan $51,333.00 as of September 27, 2002 (or the closest valuation date thereto) plus any investment results from that date until the date of total distribution. (ii) USCG Pension and FERS Pension. Husband and Wife agree that Wife shall not receive any portion of Husband's benefits under his USCG Pension and that Wife, pursuant to a Domestic Relations Order, shall receive thirty-seven and nine-tenths (37.9%) percent of Husband's gross monthly pension accrued under the Federal Employees' Retirement System (FER$) on the date benefits commence. Wife shall be awarded a former spouse survivor annuity under FERS. If Husband dies before his benefits commence, the amount of such survivor annuity shall be the maximum possible under the Plan unless Husband remarries, in which case the amount of the survivor annuity shall be thirty-seven and nine-tenths (37.9%) percent of Husband's gross monthly pension accrued as of the date of his death. If Husband dies after his benefits commence, the amount of such survivor benefit shall be thirty-seven and nine-tenths (37.9%) percent of Husband's gross monthly annuity accrued under the Plan. Any costs associated with providing the former spouse survivor annuity shall be paid by Wife. (b) Bank Accounts. Husband and Wife have a jointly held checking account. Husband is using the joint checking account to pay household expenses related to the Property. Further, the parties have each opened separate bank accounts. Husband and Wife both waive any interest in one another's bank accounts or to any increase, interest, or income therein. Once the Property is sold, the parties shall close the joint checking account and divide the remaining balance evenly. (c) Vehicles. 6 (1) Husband is the owner of a 1996 Ford Escort acquired in or about December 2001, a 1978 Honda 750k acquired in or about September 2001 (collectively, "Husband's Vehicles"), and a 1987 Ford Mustang Convertible (hereinafter the "Mustang"). Wife waives any interest she has in Husband's Vehicles and Wife further agrees not to request any financial compensation regarding Husband's Vehicles. Husband agrees not to hold Wife responsible for any financial debt regarding Husband's Vehicles. The parties shall mutually determine how to deal with the Mustang outside of this Agreement. (2) Wife is the owner of a 2001 Hyundai Santa Fe acquired in or about in or about July 2001 and a 1979 Honda 185 acquired in or about June 2002 ("Wife's Vehicles"). Husband agrees to transfer his interest in Wife's Vehicles to Wife upon execution of this Agreement. Husband waives any interest he has in the Wife's Vehicles and Husband further agrees not to request any financial compensation regarding Wife's Vehicles. Wife agrees not to hold Husband responsible for any financial debt regarding Wife's Vehicles. (3) The parties agree that from the date of this Agreement forward, they will each insure their respective vehicles at their own expense. (d) After-Acquired Propertv. Husband and Wife acknowledge that they have been living separate and apart since the Separation Date. Each party expressly waives and relinquishes any right or interest he or she may have in properly, real, personal, or mixed, purchased or otherwise acquired by the other party after the Separation Date. 11. Taxes, Husband and Wife will file separate tax returns for 2003 and future years. Wife shall be entitled to claim the Children as her dependents on all tax returns filed for 2003 and future years, The parties are each responsible for their own federal, state, and local taxes due for 2003 and future years. Simultaneously with 7 the execution of this Agreement, the parties will execute Internal Revenue Service Form 8332 to document this agreement. 12. Alimony. The parties have disclosed their respective annual incomes to one another. Wife agrees to waive spousal support, alimony pendente lite and alimony in consideration of Husband's support obligations related to the Children as set forth herein, and the distribution of Husband's Retirement Savings as set forth herein. 13. Su~)Dort of the Children. Husband and Wife agree to the following provisions regarding support of the Children: (a) In consideration of Wife not seeking spousal support, alimony pendente lite or alimony, Husband agrees to pay support for the Children in the amount of One Thousand Five Hundred ($1,500.00) Dollars every month until both of the Children obtain the age of eighteen (18) years and graduate from high school, whichever shall last occur ("Support"). As part of Support, Husband shall also make the monthly payments for Wife's Vehicles until Wife obtains a new job. Husband shall make Support payment to Wife on the first day of each month. Wife agrees not to have Husband's support payments garnished at this time. Wife and Husband agree that Wife shall be entitled to have Husband's wages garnished by any appropriate court in the amount of One Thousand Five Hundred ($1,500.00) Dollars per month should Husband fall more than thirty (30) days in arrears of his Support obligation. (b) Husband agrees to maintain a life insurance policy or policies on his own life in the amount of at least One Hundred Thousand ($100,000.00) Dollars, naming Wife or a trust for the benefit of the Children as primary beneficiary thereof. Husband shall provide a copy of the policy renewal to Wife each year. (c) When the Children reach college age, each party agrees to contribute to the college expenses (including without limitation tuition, room, board, and books) of each of the Children, as each is able. 8 (d) Medical insurance for the Children and payment of unreimbursed medical expenses will be provided as set forth in Paragraph 15 hereof. 14. Custodv of the Children. Husband and Wife have reached agreement concerning the custody the Children, which agreement is set forth in a Child Custody Agreement attached hereto as Exhibit "A" and incorporated herein by reference as if set forth in full. 15. (a) Medical Insurance. Husband shall provide medical insurance coverage for Wife until the date that the decree in divorce is entered. Husband and Wife shall each be responsible for their own medical insurance coverage after the date that the decree in divorce is entered. (b) Husband shall provide medical, dental and vision insurance coverage for the Children until each child reaches such age or status as to be ineligible for coverage under Husband's medical insurance plan. The parties will divide any medical expenses for the Children that are not reimbursed and/or otherwise covered by Husband's medical insurance plan, including without limitation doctor's office visits and dental, prescription, and eye care expenses. At the end of each month, each party shall provide the other with a copy of the bills he/she paid during that month. Husband shall reimburse Wife of eighty (80%) percent of the total amount paid by Wife within ten (10) days of receipt of the copies, and Wife shall reimburse Husband twenty (20%) percent of the total amount paid by Husband within ten (10) days of receipt of the copies. 16. Liability for Debts. During the course of the marriage, and before the date of this Agreement, Husband and Wife have incurred various debts, bills, and obligations (the "Marital Debt"). Husband and Wife represent to one another that there are no outstanding debts, bills, or obligations for which the parties are jointly responsible other than the Marital Debt mutually disclosed to one another. Husband and Wife agree 9 that Husband has paid the Marital Debt with a loan from his Federal Thrift Savings Plan. Husband shall repay said loan by means of an allotment from his federal paycheck. 17. Wife's Debts. Wife represents and warrants to Husband that she has not since the date of separation and in the future will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him or his estate by reason of debts or obligations incurred by Wife after the date of this Agreement, including costs and counsel fees appertaining thereto. 18. Husband's Debts. Husband represents and warrants to Wife that he has not since the date of separation and in the future will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her or her estate by reason of debts or obligations incurred by Husband after the date of this Agreement, including costs and counsel fees appertaining thereto. 19. Le(3al Fees. Husband hereby agrees to be responsible for Husband's legal fees, costs and related expenses. Husband hereby agrees to be responsible for fifty (50%) percent of Wife's legal fees, costs and related expenses. 20. Survival Upon Divorce. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available. It is agreed that this Agreement shall not be impaired by any divorce decree, which may be granted, but shall continue in full force and effect, notwithstanding the granting of any such decree. This Agreement shall be incorporated by reference but shall not be merged into the final decree in divorce. 21. Mutual Release. Wife and Husband each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, 10 titles and interests or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he has, or at any time hereafter, may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagement or liabilities of such other, or by way of dower or curtesy, or claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance, or under intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of: (a) Pennsylvania; (b) any State, Commonwealth or territory of the United States; or (c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future spousal support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, except as provided herein, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions hereof. It is the intention of Wife and Husband to give to each other by the execution of the Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is expressly understood, however, that neither the provision of this release nor the subsequent entry of a divorce decree are intended (i) to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), or (ii) to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his 11 or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior to or subsequent to this Agreement, or (iii) to defeat the right of either party to receive any benefits under the Social Security Act or other similar federal or state laws. 22. Further Documents. Husband and Wife agree to execute any and all written instruments, assignments, releases, deeds and other documents and writings, which from time to time may become necessary to effectuate the intent of this Agreement. 23. Entire Aareement. Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other terms, conditions, clauses or provisions of this Agreement. This agreement supersedes any and all prior written or oral agreements between the parties. This Agreement may be amended by the parties only by a written instrument signed by both parties hereto. 24. Nonwaiver of Performance. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 25. Invalidity. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, 12 and in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 26. Breach. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for such breach at law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 27. Governinq Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 28. Successors in Interest. Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors, or assigns. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WIFE: Margar(Ct' L. Wolf WITNESS: HUSBAND: F:~drg\9541 - Wolf, Margaret L\12084 - Domestic Relations~)ocuments\Madtal Settlement Agre~ 13 STATE OF : : SS.: COUNTY OF : On this, the L)'~'' day of~,.~>r'£~Bf'~ ~?003, before me, a Notary Public, the undersigned officer, personally appeared Margaret L. Wolf, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that she executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. (SEAL) ~OF : SS.: ," On this, the \ r~ day of ~q, t 2003, before me, a Notary Public, the undersigned officer, personally appeared~Joseph T. Wolf, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that he executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Nota~ - ""' My Commission. Expires: (SEAL) Rita F, Smith Notary Public, District of Columbia My Commission Expires Jan. 31, 2004 14 EXHIBIT A CHILD CUSTODY AGREEMENT THIS CHILD CUSTODY AGREEMENT ("Custody Agreement") is made as of the ~'~ day of ~;-~'~,-~, 2003, by and between Margaret L. Wolf (the "Mother") and Joseph T. Wolf (the "Father"). Mother and Father are the parents of two minor children, Lorne R. Wolf, born June 16, 1993, and Vienna J. Wolf, born October 13, 1997 (the "Children"). Mother and Father hereby agree to the following parenting plan for the custody of the said Children: 1. Mother shall have sole legal custody of the Children as that term is defined in 23 Pa.C.S. § 5302. 2. Mother shall have primary physical custody of the Children, who shall reside with Mother. 3. The parties agree that Father shall have partial physical custody of the Children based on the following schedule: a. Father will have liberal visitation with the Children. Father shall make arrangements with Mother regarding visitation at least two weeks in advance. Either Father or Wife may make modifications to these arrangements upon reasonable notice. b. Such other times and days as the parties shall mutually agree from time to time. = = J 4 The parties acknowledge that Mother intends to relocate to Florida with the Children at some point in the future. Father consents to and agrees with said move. Wife will provide information to Husband concerning the Children regarding schools, health care providers, and other relevant information. Each parent shall encourage the Children to comply with the parenting agreement and shall attempt to foster in the Children a positive view of the other parent. Each parent shall keep the other parent informed with an address and telephone number at which the Children will be while in their custody. Each parent shall be entitled to reasonable telephone contact with the Children while the Children are in the custody of the other parent. The parties may decide different time arrangements other than those provided for in the Custody Agreement and make decisions for the Children whenever they mutually agree to do so. Nothing in this Custody Agreement is understood to limit or restrict the ability of the parties to mutually agree on alternative parenting arrangements. If for any reason the parties cannot agree, the terms of this Custody Agreement will be followed. During any period of custody or visitation, the parties shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, or subject the child to any unlawful activities. The parties shall assure that other household members and/or houseguests comply with this prohibition. During any period of custody or visitation, the parties shall not permit any adult non-family member to spend the night. 9. The parties further agree to, and do hereby submit to the jurisdiction of the courts of the Commonwealth of Pennsylvania for purposes of the instant matter, and that the Commonwealth of Pennsylvania shall be the "home state" of the Children for all purposes. Once Mother and the Children relocate to Florida, the parties agree that the State of Florida shall become the "home state" of the Children for all purposes. IN WITNESS WHEREOF, and INTENDING TO BE LEGALLY BOUND hereby, Mother and Father have executed this Custody Agreement as of the day and year first above written. WITNESS: WITNESS: MOTHER: FATHER: F:\drg\9541 - Wolf, Margaret L\12084 - Domestic Relations\Documents\Child Custody Agreement.doc STATE OF : : SS.: COUNTY OF : the undersigned officer, personally appeared Margaret L. Wolf, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that she executed the same for the purposes therein expressed. -STATE O F ~J.' ~ : : SS.: COU; ,'r','OF : IN WITNESS WHEREOF, I h~ve hereunto set my hand and notarial seal. Notary Ii My Com~fission Expires: (I (SEAL) ! ~ MARGARETASHLEY [L.J~_~ MY COMM~SION ~' DD 12818~ On this, the ~.~-~ day of~e-J~-'~ 2003, before me, a Notary Public, the undersigned officer, personally appeared ,,~oseph T. Wolf, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that he executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Public My Commission Expires: (SEAL) Rita F. Smith Notary Public, District of Columbia My Commission Expires Jan. 31, 2004 Margaret L. Wolf Plaintiff VS. Joseph P. Wolf Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW NO. 034030 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. 3. This DRO applies to the Federal Employees' Retirement System ("Plan") and any successor thereto. Joseph P. Wolf ("Participant") is a Participant in the Plan. Margaret L. Wolf ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 4. The Participant's name, mailing address, Social Security number and date of birth are: Joseph P. Wolf 1605 Arbor View Silver Spring, MD 20902 Social Security No.: 149~54-7092 Date of Birth: April 16, 1956 5. The Alternate Payee's name, mailing address, Social Security number and date of bit are: DRO Page 7 gross ~ Plan) ~ Margaret L. Wolf 1504 McCormick Road Mechanicsburg, PA 17055 Social Security No.: 483-78-2009 Date of Birth: February 11, 1958 It is the responsibility of the Alternate Payee to keep a current mailing address on with the Plan at all times. 6. The Alternate Payee is entitled to a portion of the Participant's gross monthly any under the Plan as set forth below. The OPM is hereby directed to pay Alternate Payee's sh~ directly to Alternate Payee. Margaret L. Wolf Plaintiff VS. Joseph P. Wolf Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW NO. 03-1030 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. 3. This DRO applies to the Federal Employees' Retirement System ("Plan") and any successor thereto. Joseph P. Wolf ("Participant") is a Participant in the Plan. Margaret L. Wolf ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 4. The Participant's name, mailing address, Social Security number and date of birth are: Joseph P. Wolf 1605 Arbor View Silver Spring, MD 20902 Social Security No.: 149-54-7092 Date of Birth: April 16, 1956 5. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Margaret L. Wolf 1504 McCormick Road Mechanicsburg, PA 17055 Social Security No.: 483-78-2009 Date of Birth: February 11, 1958 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. 6. 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. DRO Page 7. This DRO assigns to Alternate Payee an amount equal to 37.9% of the Participant's gross monthly annuity accrued under the Plan (including any military service credited under the Plan) as of the date benefits commence. In addition to the above, the Alternate Payee shall receive a pro rata share of any cost- of-living adjustments made to the Participant's benefits. The pro rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefits is calculated pursuant to this Section 7. 8. 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. 9. 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 be paid to her estate. 10. The Alternate Payee is awarded a former spouse survivor annuity. If the Participant dies before his benefits commence, the amount of the survivor annuity shall be the maximum possible former spouse annuity under the Plan unless the Participant has previously remarried in which case the amount of the survivor annuity shall be the amount determined in accordance with Section 7. If the Participant dies after his benefits commence, the amount of the survivor annuity shall be the amount determined in accordance with Section 7. Any costs associated with providing the former spouse survivor annuity shall be paid by the Alternate Payee. The Participant agrees to take all necessary steps to elect Alternate Payee as the designated beneficiary for the purposes of establishing and sustaining such former spouse coverage for the Alternate Payee. 11. 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. 12. 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 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. 13. The Plan shall issue individual tax forms to the Participant and Alternate Payee for amounts paid to each such person. 14. 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 shah 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 DRO Page 3 shall forthwith pay such amounts so received directly to the Participant within ten (10) days of receipt. 15. 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. 16. The OPM shall notify the Alternate Payee and her legal representative when the Participant makes an application for any benefit payments from the Plan. DRO Page 4 17. 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 ~f the Court to so amend will invalidate this Order. Accepted and Ordered this __,~ay of~'' ~~, 200~. BY THE COURT CONSENT TO ORDER: PLAINTIFF/ALTERNATE PAYEE Signa~re ~ Date DEFENDANT/PA~ SignaturX~ Date ATTORNEY FOR PLAINTIFF/ ALTERNATE PAYEE Signature Date ATTORNEY FOR DEFENDANT/ PARTICIPANT Signature Date Margaret L. Wolf Plaintiff Joseph P. Wolf Defendant VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : CML ACTION - LAW : : NO. 03-1030 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 Qualifying Retirement Benefits Court Order by the Federal Retirement Thrift Investment Board ("Board"). 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO applies to the Thrift Savings Plan ("Plan") and any successor thereto. Joseph P. Wolf ("Participant") is a Participant in the Plan. Margaret L. Wolf ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 4. The Participant's name, mailing address, Social Security number and date of birth are: Joseph P. Wolf 1605 Arbor View Silver Spring, MD 20902 Social Security No.: 149-54-7092 Date of Birth: April 16, 1956 are: 5. The Alternate Payee's name, mailing address, Social Security number and date of birth Margaret L. Wolf 1504 McCormick Road Mechanicsburg, PA 17055 Social Security No.: 483-78-2009 Date of Birth: February 11, 1958 DRO Page 2 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. 6. This Order assigns to Alternate Payee an amount equal to $51,333 of the Participant's total account balance accumulated under the Plan as of September 27, 2002 (or the closest valuation date thereto) plus any interest and investment earnings or losses attributable thereon from September 27, 2002 (or the closest valuation date thereto) until the date of total distribution. 7. The Alternate Payee shall be paid benefits as soon as administratively feasible following the date this Order is approved as a Qualifying Retirement Benefits Court Order by the Board. 8. Benefits are to be payable to the Alternate Payee in the form of a lump sum cash payment. 9. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Board of such information as the Board may reasonably require from such parties. 10. This DRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 11. This DRO does not require the Plan to provide increased benefits. 12. This DRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 13. 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 order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within DRO Page 3 ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. 14. After payment of the amount required by this DRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 15. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this DRO. 16. In the event the Participant predeceases the Alternate Payee before she receives her distribution, his death shall have no effect on her assigned portion of the benefits, as stipulated herein. If applicable, the Alternate Payee shall be treated as the beneficiary of the Participant to the extent of her assigned interest hereunder. 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. DRO Page 4 18. 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 ~,.~he Court to so amend will invalidate this Order. Accepted and Ordered this~"~_.~ay of 2005. BY THE COURT CONSENT TO ORDER: PLAINTIFF/ALTERNATE PAYEE Signatur~ Date DEFENDANT/PA~T Date ATTORNEY FOR PLAINTIFF/ ALTERNATE PAYEE ATTORNEY FOR DEFENDANT/ PARTICIPANT Signature Date MARGARET L. WOLF, Plaintiff V. JOSEPH T. WOLF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1030 CIVIL ACTION - LAW CUSTODY AFFIDAVIT OF CONSENT on March 7, 2003. 2. A Complaint in Divorce under § 3301 of the Divorce Code was filed The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divome. 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.A. §4904, relating to unsworn falsification to authorities. Margar~;If, Plaint,~ DATE: ? - .3 ,2003 MARGARET L. WOLF, '. Plaintiff : : V. : : JOSEPH T. WOLF, : Defendant : : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1030 OIVIL ACTION - LAW CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 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 Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. Margaret,. Wolf, Plaintiff ~ Dated: ~-~ ,2003 MARGARET L. WOLF, Plaintiff V. JOSEPH T. WOLF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1030 CIVIL ACTION - LAW CUSTODY AFFIDAVIT OF CONSENT on March 7,2003. 2. A Complaint in Divorce under § 3301 of the Divorce Code was filed The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divome. 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.A. to authoritieS.eph T~'W f' ~nt §4904, relating to unsworn falsification j~ , Jos Ds DATE: ~ //~' ,2003 MARGARET L. WOLF, : Plaintiff : : V. : JOSEPH T. WOLF, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1030 CIVIL ACTION - LAW CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 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 Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. unsworn falsifications to authorities. §4904 relating to T~W~ (~ ~/~ J h ,~/Defenda~/ osep . Dated: ~- t]~ ,2003 MARGARET L. WOLF, Plaintiff JOSEPH T. WOLF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1030 CIVIL ACTION - LAW CUSTODY PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divome decree: 1. Ground for divome: irretrievable breakdown under § (3301 (c) 3301 (d)(1)) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: March 10, 2003 by Certified Mail Return Receipt Requested. Defendant Accepted Service on March 13, 2003. Defendant's Acceptance of Service Form was filed on March 18, 2003. 3. Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff September 3, 2003; by Defendant September 16, 2003. (b) Divorce Code: N/A. respondent: N/A. (1) Date of execution of the affidavit required by §3301(d) of the (2) Date of filing and service of the Plaintiff's affidavit upon the 4. Related claims pending: None. 5. Complete either (a) or (b).) a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: N/A. IN THE COURT OF COMMON NAaCP. ET L. WOLF, Pla~ntiff OFCUMBERLAND COUNTY STATE OF PENNA. NO. 03-1030 VERSUS JOSEPH T. WOLF, Defendant PLEAS DECREE IN DIVORCE AND NOW, DECREED THAT Margaret L. Wolf AN d Joseph T. Wolf 2003 , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; The attached Marital Settlement Agreement, which conta/ns a Child Custody A~reement, is incorporated by reference but not merged into this Decree in Divorce. •.~ ~~ dui 2 i zmu~ ~ MARGARET L. WOLF, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-1030 JOSEPH T. WOLF, Defendant CIVIL ACTION -LAW AMENDED AND RESTATED DOMESTIC RELATIONS ORDER Background: A. B C. This Amended and Restated Domestic Relations Order ("DRO") amends and restates a prior Domestic Relations Order that was accepted and Ordered by this Court on October 1, 2003 ("Prior DRO"). A copy of the Prior DRO is attached hereto as Exhibit "A". Paragraph 17 of the Prior DRO provided that this Court retains jurisdiction to amend the Prior DRO. The parties hereto desire to amend and restate the Prior DRO by entering into this DRO. The intent of this DRO is to amend, restate in its entirety, and supersede the Prior DRO. NOW THEREFORE, Plaintiff and Defendant consent to the following Amended and Restated Domestic Relations Order, as follows: 1. This Domestic Relations Order ("DRO") creates and recognizes (and amends the previously created and recognized right) of the Alternate Payee 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"). 1 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO applies to the Federal Employees' Retirement System ("Plan") and any successor thereto. Joseph T. Wolf ("Participant") is a Participant in the Plan. Margaret L. Wolf ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 4. The Participant's name, mailing address, Social Security number and date of birth are: Joseph T. Wolf 105 Tortoise Court Brunswick, GA 31525 Social Security No.: 149-54-7092 Date of Birth: April 16, 1956 5. The Altemate Payee's name, mailing address, Social Security number and date of birth are: Margaret L. Wolf 711 S.W. 25~' Place Boynton Beach, FL 33435 Social Security No.: 483-78-2009 Date of Birth: February 11, 1958 It is the responsibility of the Altemate Payee to keep a current mailing address on file with the Plan at all times. 6. 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. 7. This DRO assigns to Alternate Payee an amount equal to 25% of the Participant's gross monthly annuity accrued under the Plan (including any military service credited under the Plan) as of the date benefits commence. 2 In addition to the above, the Altemate Payee shall receive a pro rata share of any cost-of-living adjustments made to the Participant's benefits. The pro rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement is calculated pursuant to this Section 7. 8. Payments to Altemate 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. 9. Payments shall continue to Alternate Payee for the remainder of the Participant's lifetime. If the Altemate Payee dies before the Participant, the Alternate Payee's share of the Participant's pension shall be paid to her estate. 10. The Altemate Payee is awarded a former spouse survivor annuity. If the Participant dies before his benefits commence, the amount of the survivor annuity shall be 37 9°l0 of the Participant's gross monthly annuity accrued under the Plan (including any military service credited under the Pian) as of the Participant's date of death or the maximum possible under the Plan if the Plan permits less than 37 9% of the ParticiQant's gross monthly annuity accrued under the Plan, regardless of whether Participant has remarried. If the Participant dies after his benefits commence, the amount of the survivor annuity shall be 37.9% of the Participant's gross monthly annuity accrued under the Plan (includinc,~any military service credited under the Plan) as of the Participant's date of death, or the maximum possible under the Plan if the Plan permits less than 37.9% of the Participant's gross month) ay nnuity accrued under the Plan, regardless of whether Participant has remarried. Any costs associated with providing the former spouse 3 survivor annuity shall be paid by the Alternate Payee. The Participant agrees to take all necessary steps to elect Altemate Payee as the designated beneficiary for the purposes of establishing and sustaining such former spouse coverage for the Altemate Payee. 11. 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. 12. In no event shall the Altemate 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 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. 13. The Plan sha11 issue individual tax forms to the Participant and Alternate Payee for amounts paid to each such person. 14. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Altemate 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 Altemate 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 4 payments and shall forthwith pay such amounts so received directly to the Participant within ten (10) days of receipt. 15. If Participant takes any action that prevents, decreases, or limits the collection by Altemate Payee of the sums to be paid hereunder, he shall make payments to Altemate Payee directly in an amount sufficient to neutralize, as to Alternate Payee, the effects of the actions taken by Participant. 16. The OPM shall notify the Alternate Payee and her legal representative when the Participant makes an application for any benefit payments from the Plan. [Remainder of page left intentionally blank] 5 ... .., 17. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend this Order, but only for the purposes of establishing it or maintaining it as a Domestic Relations Order, provide, 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 ~ h~day of u , 20 l o CONSENT TO ORDER: PLAINTIFF/ALTERNATE PAYEE ~a~. c Signature D to e~T ATTORNEY FOR PLAINTIFF/ ALTERNATE PAYEE Signature DEFENDANT/PARTICIPANT ATTORNEY FOR DEFENDANT/ PARTICIPANT ,~la~ --.~-tom ~-, ~~j Signature n : ~ C, - . Date ~ ~~ ~ ~- ~-' 1 i'' 3_i ~. ..t. 1 ~ ~. ~ ~ r^" _` - . r F:\drg\9541 -Wolf, Margaret 12084 -Domestic Relations~DocumentsWmended DRO.doc ~ ~ - "Ls / 3asepk T. ~~E' cop;<s Juu.~r~sl ~~aa~io `" u,: ~T~ !CU Date ~v~~ l`~~ Zd~D Date