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Home My WebLink About03-3530 v. : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : NO. 63 -.3~d() C'UI:L ~~ : CIVIL ACTION - LAW : IN DIVORCE ANDREW C. WOLFEL, Plaintiff ANITA C. WOLFEL, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Dauphin County Courthouse, Front and Market Streets, Harrisburg, PA 17101. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ANDREW C. WOLFEL, Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA v. :NO. : CIVIL ACTION - LAW : IN DIVORCE ANITA C. WOLFEL, Defendant NOTICIA Le han Demando a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted deve presentar una apariencia excrita 0 en persona 0 por abogado y archivar en ta corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y par cualquier queja 0 alivio que es pedido en la peticion do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DON DE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 2 ANDREW C. WOLFEL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03 -.l~40 e,~~L ~~ : CIVIL ACTION - LAW : IN DIVORCE ANITA C. WOLFEL, Defendant COMPLAINT IN DIVORCE DIVORCE AND NOW, comes the Plaintiff, ANDREW C. WOLFEL, by his attorney, Mindy S. Goodman, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, NADREW C. WOLFEL, is an adult individual who currently resides at 3516 Leyland Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, ANITA C. WOLFEL, is an adult individual who currently resides at 11 Powder Farm Court, Perryhall, Maryland 21128. 3. The Plaintiff and Defendant are sui juris, and Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this Complaint. 4. The Plaintiff and Defendant were married May 22, 1998 in Maui, Hawaii, and separated on December 18, 2002. 3 5. The Plaintiff avers that the parties have no children under the age of 18. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its Amendments. 7. The cause of action and section of the Divorce Code under which the Plaintiff is proceeding is: 23 Pa. Cons. Stat. 9 3301 (c) or, in the alternative, 23 Pa. Cons. Stat. 9 3301 (d). The marriage of the parties is irretrievably broken. 8. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 9. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the parties to participate in counseling. WHEREFORE, Plaintiff requests This Court enter a Decree of Divorce in his favor. COUNT I EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as though set forth in full. 4 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage, from the date of their marriage until the date of their separation. 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property. Respectfully submitted, ;~<.,--\~.-JZ._ Mindy S. Goodman Attorney at Law Attorney I.D. No. 78407 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 Attorney for Plaintiff 5 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. ~ 4904, relating to unsworn falsification to authorities. DATE: ?---;z."3-o3 ~~"S r:.Q~.5Z- Mindy S. Goodman, signed on behalf of Plaintiff with Plaintiff's authorization to do so. r (:) ~ ~ 1.io~~ ~ ~. - ...() V1 ~~do~ w . 0 D- CI...... \ \ ~ C) ~:]::) ~~ * ANDREW C. WOLFEL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03-:1530 ANITA C. WOLFEL, Defendant : CIVIL ACTION - LAW : DIVORCE INVENTORY AND APPRAISEMENT AND INCOME AND EXPENSE STATEMENT OF PLAINTIFF. ANDREW C. WOLFEL Plaintiff files the following Inventory and Appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this Inventory and Appraisement are true and correct to the best of his knowledge and belief. Plaintiff understands ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. 1. Real Property X 2. Motor Vehicles X 3. Stocks, bonds, securities and options 4. Certificates of deposit X 5. Checking accounts, cash X 6. Savings accounts, money market and savings certificates 7. Contents of Safe Deposit Boxes 8. Trusts 9. Life Insurance policies (indicated face value, cash value and current beneficiaries) 10. Annuities 11. Gifts 12. Inheritances 13. Patents, copyrights, inventions and royalties 14. Personal property outside the home 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) 16. Employment termination benefits -. - severance pay, Workman's Compensation claim/award 17. Profit sharing plan 2 18. Pension plans (indicate employee, contribution and date plan vests) X 19. Retirement plans, Individual Retin;lment Accounts 20. Disability payments 21. Litigation claims (matured and unmatured) 22. MilitaryN.A. benefits 23. Education benefits 24. Debts due, including loans, mortgages held X 25. Household furnishings and personalty (include a total category and attach itemized list of distribution of such assets in dispute) 30. Other ASSETS Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description Names of Date of Number of Property all Owners Ac:auisition Value 2. 1996 Toyota 4-Runner D During Marriage $6,600 Amount of Lien Date/Holder of Lien Current Eauitv N/A N/A $6,600 3 Item Description Names of Date of Number of Property all Owners ACQuisition Value 2. 2002 Nissan Maxima P During Marriage $16,000 Amount of Lien Date/Holder of Lien Current EQuity $16,938 7/13/02 Nissan $0.00 Item Description Names of Date of Number of Property all Owners ACQuisition Value 3. Stock Options P During Marriage $18,428 est. Amount of Lien Date/Holder of Lien Current EQuity N/A N/A $18,428 est. Item Description Names of Date of Number of Property all Owners ACQuisition Value 3. Supervalue Stock P During Marriage $4,522 est. Amount of Lien Date/Holder of Lien Current EQuity N/A N/A $4,522 est. Item Description Names of Date of Number of Property all Owners ACQuisition Value 3. DTE Stock P During Marriage $1,560 est. Amount of Lien Date/Holder of Lien Current EQuity N/A N/A $1,560 est. 4 Item Description Number of Property 3. Harley Davidson Stock Amount of Lien N/A Names of all Owners P Date of Acauisition Value During Marriage $333 est. Date/Holder of Lien Current Eauitv N/A $333 est. Item Number Description of Property 5. Joint Checking Account Amount of Lien N/A Names of all Owners P&D Date of Acauisition Value During Marriage $4,600 est. Date/Holder of Lien Current Eauitv N/A $4,600 est. Item Description Number of Property 6. Joint Savings Account Amount of Lien N/A Names of all Owners P&D Date of Acauisition Value During Marriage $857.04 est. Date/Holder of Lien Current Eauitv N/A $857.04 est. Item Number Description of Property 6. Escrow Account Amount of Lien N/A Names of all Owners P&D Date of Acauisition Value During Marriage $115,796.36 Proceeds from sale of Marital Residence Date/Holder of Lien Current Eauitv N/A $115,796.36 5 Item Description Names of Date of Current Number of Property all Owners ACQuisition Value 18. Pension w/ United Food D Marital $60,000 Amount of Lien Date/Holder of Lier! Current EQuity N/A $60,000 Item Description Names of Date of Current Number of Property all Owners ACQuisition Value 19. 401 K through SV P Marital $30,870 Amount of Lien Date/Holder of Lief[ Current EQuity N/A $30,870 Item Description Names of Date of Current Number of Property all Owners ACQuisition Value 19. Retirement w Prudential D Marital $16,605 Amount of Lien Date/Holder of Lien Current EQuity N/A $16,605 Item Description Names of Date of Current Number of Property all Owners ACQuisition Value 19. Super Rite Iny. Plan D Marital $8,300 Amount of Lien Date/Holder of Lien Current EQuity N/A $8,300 6 Item Description Names of Number of Property all Owners 25. Household furnishings P&D Amount of Lien Date/Holder of Lierl N/A Date of Acauisition Value Marital $13,700 Current Eauitv $13,700 P received $4,200 in value D received $9,500 in value 7 LIABILITIES OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following pages. SECURED 1. Mortgages 2. Judgments X 3. Liens 4. Other secured liabilities UNSECURED 5. Credit card balances 6. Purchases 7. Loan payments 8. Notes payable 9. Other unsecured liabilities CONTINGENT OR DEFERRED 10. Contracts or Agreements 11. Promissory notes 12. Lawsuits 13. Options 14. Taxes 15. Other contingent or deferred liabilities 8 LIABILITIES Plaintiff lists all marital debt in which either or both spouses have a legal obligation individually or with any other person as of the date this action was commenced: Item Number Description of Prooertv Names of Date of all Debtors Acauisition Debt Amount 3. Car loan P During Marriage $16,000 9 FINANCIAL STATEMENT OF' PLAINTIFF MONTHLY EXPENSES Shelter: a. Mortgage or Rent ............... $ 2,350 b. Sewer/Gas. . . . . . . . . . . . . . . . . . . .. $ 105 c. Electric. . . . . . . . . . . . . . . . . . . . . . . .. $ 206 d. Heat/Gas. . . . . . . . . . . . . . . . . . . . . . .. $ 33 e. Telephone. . . . . . . . . . . . . . . . . . . . . .. $ 59 f. Cellular Phone. . . . . . . . . . . . . . . . . . .. $ 65 g. Cable. . . . . . . . . . . . . . . . . . . . . . . . . .. $ 41 h. Maintenance. . . . . . . . . . . . . . . . . . . . . . $ TOTAL $ 2,859 TransDortation: a. Auto Loan payments. . . . . . . . . . . . . . . $ 498 b. Auto Insurance. . . . . . . . . . . . . . . . . . . . $ 83 c. Auto Expense. . . . . . . . . . . . . . . . . . . . . $ d. Travel Expenses. . . . . . . . . . . . . . . . . . .$ TOTAL $ 581 Medical Carellnsurances: a. Life Insurance. . . . . . . . . . . . . . . . . . .. $ b. Medical Insurance . . . . . . . . . . . . . . . . . $ c. Orthodontic care. . . . . . . . . . . . . . . . . . . $ Clothinq: a. Self. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75 b. Gifts, etc. . . . . . . . . . . . . . . . . . . . . . . . ..$ 25 Food: a. Self. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ '150 b. Household Supplies. . . . . . . . . . . . . . . . $ 25 10 Loans/Notes: a. (list charge cards you are paying). . . . . . $ ........... .$ ............$ .. .. . .. . . .. ..$ ............$ i. ii. iii. iv. b. Rent .... . . . . . . . . . . . . . . . . . . . . . . . . $ c. Car Insurance. . . . . . . . . . . . . . . . . . . . . .$ d. Loans. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300 TOTAL $ 3,00 Miscellaneous: a. Entertainment. . . . . . . . . . . . . . . . . . . . . $ b. Barber/Beautician. . . . . . . . . . . . . . . . ..$ 25 MONTHLY INCOME Employer's Name: Employer's Address: Super Rite Foods, Inc. P.O. Box 26967 Richmond, VA 23261 Employment Income: Gross. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 41042 SS . . . . . . . . . . . . . . . . . . . $ 246 Medicare. . . . . . . . . . . . . . $ 58 Federal. . . . . . . . . . . . . . ..$ 807 State. . . . . . . . . . . . . . . . . .$ 202 SUI................... .$ Local. . . . . . . . . . . . . . . . . .$ 401k . . . . . . . . . . . . . . . . . .$ 161 Dental . . . . . . . . . . . . . . . . . $ 4 Health. . . . . . . . . . . . . . . ..$ 71 Loan repayment. . . . . . . . . $ Spousal Support. ........$ 1541 bi-weekly Net. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,491 bi-weekly 11 ~'~'f t"; 2c~ ~\~f) )>(: ?~ -<. (') ~n ~:-. ~'l:: , ...., = = .J:" :r>o c:: Ci) W ~ ..... :X, :!! rt,- -Cl~ f36 =I!~ ":::0 ";.' rn q J:5 :..: :::1 -"" .r- \D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANDREW C. WOLFEL : NO. 03-3530 VS. : CIVIL ACTION - LA W ANITA C. WOLFEL : ACTION IN DIVORCE CLAIM OF RIGHTS TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW, comes the Defendant, Anita C. Wolfel, by her attorney, Barbara Orsburn Stump, Esquire, and files her Claim of Rights, of which the following is a statement: Count - I Alimony and Alimony Pendente Lite I. Defendant lacks sufficient property to provide for reasonable means and is unable to support herself through appropriate employment. 2. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 3. Defendant requests the Court to enter an award of reasonable temporary alimony until final hearing and permanently thereafter. Count -II Counsel Fees. Costs, and Expenses 4. Paragraphs 1 through 3 of this Claim of Rights are incorporated by reference herein. 1 5. Defendant has employed Barbara Orsburn Stump, Esquire, as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel nor the court costs or expenses entailed in this litigation. 6. Defendant requests your Honorable Court to ent(~r an award oftemporary counsel fees, costs, and expenses and to order such additional sums thereafter as may be deemed necessary and appropriate. Count - ill Equitable Division of Marital Property 7. Paragraphs 1 through 6 of this Claim of Rights are incorporated by reference herein. 8. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during the marriage from May 22, 1997 until the present, all of which property is "marital property." WHEREFORE, Defendant prays your Honorable Court. grant her alimony and alimony pendente lite; counsel fees, costs, and expenses; and equitably divide the marital property. And she will ever pray. .--, - . ,'j . . ..-\, ./., '/ /- ,// iif .",,~", .. "" / / I ./ i! ,/"'-_. ,,' ,,~rvt~J::/ ./' ',// BARBARA ORSOORN ST~SQUlRE ATTORNEY FOR DEFENMNT Sup. Ct. LD. No. 26821 29 N. Queen St. York, PA 17403 (717) 854-8268 2 VERIFICATION I verify that the statements made in this Claim of Rights are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.s. Section 4904 relating to lillsworn falsification to authorities. ~,,t ff~ ANITA C. worFEL Date: I-If-OS- (") ~ -lQ. -rcJ .c ,...., \ <::',:,) C-, () r--,;'::,) '"\1 f b C~n c_ ~ C> ~:r:," :;.:;::: () r-.' - ~ , 0.' ~ - , ~ r ~ ~1 ~ -- -IJ ~ , ""d- -..J , r",) ---C. ":~:J r-.' V) -- -.1 1- ANDREW C. WOLFEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03 - 3530 CIVIL ANITA C. WOLFEL, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 16th day of August, 2005, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated July 26, 2005, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. By the Court, GC"~- cc: ~ndY S. Goodman, Esquire Attorney for Plaintiff ~rbara O. Stump, Esquire Attorney for Defendant ~? O~'\~ VII\)V~Y!AS1'lN.jd 'l'Ir:,~, (; ,\,-""XW\i"'"' ^ I'"~, -, ,'..,'." "IV IlJ :8 Wd 91 5f1BOOl Al:JY10NOHLOi::Jd 3Hl :10 38U30..<B1H ., MARITAL SETTLEMENT AGREEMENT 1 ,fA THIS AGREEMENT, made this eX 0 day of yutu/ if 2005, between ANITA C. WOLFEL, hereinafter called "Wife" and ANDREW C. WOLFEL, hereinafter called "Husband." WITNESSETH: The parties hereto, being Husband and Wife, were lawfully married on May 22.1997 in Maui, Hawaii, and separated on or about December 18, 2002; There were no children bom of the parties' marriage; and Wife is represented by Barbara Orsburn Stump, Attorney at Law, and Husband is represented by Mindy S. Goodman, Attorney at Law; and Diverse and unhappy differences have arisen between the parties, and it is the intention of Husband and Wife to separate for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as betwel3n each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of each other; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. EFFECT OF DIVORCE DEGREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no- fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code in a Cumberland County divorce action. The parties shall execute Affidavits of Consent upon the expiration of the ninety (90) day waiting period required under 2 the no-fault divorce laws. Should either party fail to e)(ecute the Affidavit of Consent required under Section 3301(c) of the Divorce Code, this shall constitute a breach of this Agreement and the non-breaching party shall have the right to Petition for Enforcement of the Marital Settlement Agreement and the non- breaching party shall be entitled to reimbursement of his or her attomey's fees incurred as a result of having to file for enforcement. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree that may be entered with respect to them in the future. 4. NON-MERGER It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have indopendent contractual significance. Each party maintains his or her contracllual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement, and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitablo distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania 3 Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 5. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement, if not signed by both parties on the same date, shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided herein shall take place within sixty (60) days of the date of executiion of this Agreement unless otherwise specified herein. 7. FINANCIAL DISCLOSUiRE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to Ilhe execution of this Agreement. 8. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place or places as he or she from time to time may choose or deem fit. 4 9. NONINTERFERENCE Each party shall be free from interference, authority and control, direct or indirect, by the other in all respects as fully as if he or she were single and unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Neither party shall molest, harass, disturb or malign the other or the family of said other, nor compel or attempt to compel the other to cohabit or dwell with him or her. 10. MUTUAL RELEASES Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim, and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of and from any and all claims in the nature of dower and curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Will, or the right to treat a lifetime conveyance as testclmentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of the Commonwealth of Pennsylvania or any other state or any country, as well as any and all other claims, demands, damages, actions, 5 causes of actions, or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by said party prior to and including the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement, and shall in no way affect any cause of action in absolute divorce which either party may have against the other party. 11. MARITAL PROPERTY The parties hereto acknowledge and agree that they have acquired various assets during their marriage, whether the Sam43 were held jointly or individually by the parties hereto, including but not limilted to: (a) Household goods, contents, furniture and furnishings. (b) Various bank accounts. (c) Various motor vehicles. (d) Various retirement accounts and benefits. (e) Various stocks and stock options. 12. DISTRIBUTION OF MARITAL PIROPERTY The parties hereto covenant and agree that the assets described in Paragraph 11, above, together with any other propert~' that the parties acquired 6 individually or jointly prior to the marriage, have been 01' are hereby being divided and distributed between them as follows: (a) The parties hereto have divided all the household goods, contents, furniture and furnishings among and between themselves with the exception of those items identified on Exhibit "A" attached hereto. Those items listed on Exhibit "A" shall become the sole and separate propertll of Wife, but are currently located at Husband's parents home in Bel Air, Maryland. Wife shall retrieve all items listed on Exhibit "A" within sixty (60) days of the date of execution of the Agreement. Those items not retrieved within sixty (60) days shall become Husband's sole and separate property. With the exception of those items listed on Exhibit "A" all property currently in the possession of Husband shall be the sole and separate property of Husband, and all property currently in the possession of Wife shall become the sole and separate' property of Wife. (b) The parties hereto have heretofore divided all bank accounts. (c) Motor vehicles - (i) Husband shall retain sole and exclusive possession and ownership of the 2002 Nissan Maxima, which is presently encumbered by a loan. Husband shall be solely responsible for said loan and shall indemnify and hold Wife harmless from the same. Wife shall take any and all steps necessary to transfer title of said vehide to Husband, if necessary. 7 (ii) Wife shall retain sole and exclusive possession and ownership of the 1996 Toyota 4-Runner, which is presently unencumbered by a loan. Husband shall take any and all steps necessary to transfer title of said vehicle to Wife, if necessary. (d) Retirement Accounts and Benefits- (i) Husband has a 401 k through SuperValu, Inc., from which he shall rollover the sum of TWENTY THOUSAN[JI ($20,000.00) DOLLARS directly into Wife's 401 k through SuperValu, Inc:. Wife shall be responsible for the preparation and expense of a qualified domestic relations order to accomplish the transfer. The balance of Husband's 401 k shall become the sole and separate property of Husband. Wiife hereby relinquishes any and all right, claim or interest she may have in Husband's 401 k. (ii) Husband has a pension with Supt3rValu, Inc., which shall become the sole and separate property of Husband. Wife hereby relinquishes any and all right, claim or interest she may have in Husband's SuperValu, Inc. pension. (iii) Wife has a 401 k through SuperValu, Inc., which shall become the sole and separate property of Wife. Husband hereby relinquishes any and all right, claim or interest he may have in Wife's 401k. R (iv) Wife has a pension with United Food, which shall become the sole and separate property of Wife. Husband hereby relinquishes any and all right, claim or interest he may have in Wife's United Food pension. (v) Wife has retirement benefits througlh Prudential Insurance, which shall become the sole and separate property of Wife. Husband hereby relinquishes any and all right, claim or int,erest he may have in Wife's Prudential Insurance retirement benefits. (vi) Wife has a Super Rite Investment Plan, which shall become the sole and separate property of Wife. Husband hereby relinquishes any and all right, claim or interest he may have in Wife's Super Rite Investment Plan. (e) Stocks and stock options - Husband has various stocks and stock options, which shall become the sole and separate property of Husband. Wife hereby relinquishes any and all right, claim or interest she may have in Husband's stock and stock options. 13. PROCEEDS FROM MARITAL RESIDENCE The parties acknowledge and agree that ONE HUNDRED FIFTEEN THOUSAND SEVEN HUNDRED NINETY-SIX ($115,7~16.36) DOLLARS and 36/100 is being held in escrow as a result of the sale of the marital residence. Wife shall receive SEVENTY-FIVE THOUSAND ($75,000.00) DOLLARS, which represents her share of the marital estate under the equitable distribution 9 agreement reached by the parties. Wife shall receive an additional FOUR THOUSAND THIRTEEN ($4,013.00) DOLLARS, which represents one-half of the 2003 tax refund received by the parties as a result of filing jointly for the 2003 tax year. Husband shall receive THIRTY-SIX THOUSA.ND SEVEN HUNDRED EIGHTY THREE ($36,783.36) DOLLARS and 36/100, which represents his share of the marital estate under the equitable distribution agreement reached by the parties minus FOUR THOUSAND THIRTEEN ($4,013.00) DOLLARS, which was deducted to pay Wife her share of the 2003 tax refund. For purposes of calculating capital gains, one-half of the increase in value of the marital residence shall be attributable to Husband and one-half of the increase in value of the marital residence shall be attributable to Wife, regardless of the actual distribution of cash. 14. MARITAL DEBT The parties hereto acknowledge and agree that other than the debt that is outlined elsewhere in this Agreement, there is no marital debt. Wife shall be solely responsible for any and all debt in her individual name, and shall indemnify and hold Husband harmless therefrom. Husband shall be solely responsible for any and all debt in his individual name, and shall indemnify and hold Wife harmless therefrom. If there is any debt in joint names, it shall be the sole and separate responsibility of the party who incurred said d'ebt. 10 15. ALIMONY Beginning in June of 2005 and continuing through December of 2005, Husband shall make alimony payments to Wife in the amount of $1000 per month. Beginning in January of 2006 and continuing through December of 2006, Husband shall make alimony payments to Wife in the amount of $500 per month. Within ten (10) days of the date of execution of this Aglreement, Wife shall terminate her spousal support action that is pending before the Cumberland County Office of Domestic Relations effective June 1, 2005. In the event there is an arrearage owed as of June 1, 2005, Husband shall made a lump sum payment to Wife to cover that arrearage. In the event there is a credit as of June 1, 2005, that money will be credited against the alimony owed beginning June 1, 2005. All alimony payments to Wife shall be made directly from Husband to Wife on or before the first day of each month. In the event of a decrease in Husband's income, whether as a result of a change in position or termination from employment, provided the lower income was through no fault of his own, alimony shall be reduced. In the event of a decrease in Husband's income, the amount of Husband's monthly alimony obligation shall be reduced so that the percentage payout under his new income will be equal to the percentage payout of his current income. For example, for the remainder of 2005, Husband pays alimony in the amount of $1000 per month, which constitutes 19.8 percent of his net monthly pay. For 2006 Husband will pay alimony in the amount of $500 per month, which constitutes 10 percent 1\ of his net monthly pay. Consequently, should Husband's income decrease during the alimony term, Husband shall pay 19.8 perc1Elnt of his net monthly pay during 2005 and 10 percent of his net monthly pay during 2006. No adjustment to alimony will be made in the event Husband receives and increase in income. Husband shall determine what amount he has already paid in the way of spousal support for the month of June, 2005 and shall deduct that amount from the $1000 due and owing for June of 2005. For purposes of this Agreement, Alimony shallltJe defined as: (i) The alimony payment is to be considered gross income to Wife and deductible by Husband; (ii) Husband's obligation to pay alimony terminates upon the death of either Husband or Wife; (iii) Husband's obligation to pay alimony terminates upon Wife's remarriage or Wife's co-habitation with another man. 16. FUTURE OWNERSHIP OF PROPERTY Each of the parties hereto may hereafter own and enjoy, independently of any claims or rights of the other, all items of personal and real property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively in all respects and for all purposes as though he or she were unmarried. 12 17. MUTUAL RELEASES The parties hereto acknowledge that under prevailing Pennsylvania law they each have certain possible fiscal rights, including but not limited to the following: spousal support, alimony pendente lite in th'3 event of a divorce, permanent alimony subsequent to a divorce, recovery of counsel fees, costs and expenses in the event of a divorce, and the equitable distribution of marital property, as well as the right to seek discovery of assets through interrogatories and/or depositions. It is the intention of the parties hereto that except as otherwise provided herein, all of the foregoing rights and remedies are hereby waived and forever released and that this Agreement shall have the effect of a final Order of Court relieving each party of the obligation to the other for any and all of the foregoing possible rights and remedies, except as otherwise provided herein. Specifically, both parties covenant and agree that, except as outlined herein, both parties waive, release and forever relinquish their respective possible rights of spousal support of, from and against the other party; neither party will at any time seek alimony pendente lite, counsel fees, costs or expenses from the other party; neither party will see discovery of assets; and the parties have effected an equitable distribution of their marital property and neither will seek further distribution by any action at law or in equity. 18. BANKRUPTCY 13 " BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF' THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. WITNESS: o Barbara Osburn Sturn ~..\.,,~b=9- Mindy S. Goodman, Esquire --- 4~>1?A'~ Anita C. fel, Wife . f fM and 17 EXHIBIT "A" Below are a list of items in Husband's possession that will become property of Wife upon execution of the Marital Settlement Agreement. 1. One-half of the patio furniture that was removed from the marital residence and is currently stored at Husband's father'!; house in Maryland; 2. The boxed Christmas decorations; 3. One-half of the baseball card collection; 4. Japanese Pagoda and Japanese Lantern. 1 R MARITAL SETTLEMENT AGREEMENT ,~ THIS AGREEMENT, made this ,) &.' day of 9tJtv 1 2005, between ANITA C. WOLFEL, hereinafter called "Wife" and ANDREW C. WOLFEL, hereinafter called "Husband." WITNESSETH: The parties hereto, being Husband and Wife, were lawfully married on May 22,1997 in Maui, Hawaii, and separated on or about December 18,2002; There were no children born of the parties' marriage; and Wife is represented by Barbara Orsburn Stump, Attorney at Law, and Husband is represented by Mindy S. Goodman, Attorney at Law; and Diverse and unhappy differences have arisen between the parties, and it is the intention of Husband and Wife to separate for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of each other; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no- fault divorce pursuant to the terms of Section 3301 (c) of the Divorce Code in a Cumberland County divorce action. The parties shall execute Affidavits of Consent upon the expiration of the ninety (90) day waiting period required under 2 the no-fault divorce laws. Should either party fail to execute the Affidavit of Consent required under Section 3301(c) of the Divorce Code, this shall constitute a breach of this Agreement and the non-breaching party shall have the right to Petition for Enforcement of the Marital Settlement Agreement and the non- breaching party shall be entitled to reimbursement of his or her attorney's fees incurred as a result of having to file for enforcement. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree that may be entered with respect to them in the future. 4. NON-MERGER It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement, and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania 3 Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 5. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement, if not signed by both parties on the same date, shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE The transfer of property, funds and/or documents provided herein shall take place within sixty (60) days of the date of execution of this Agreement unless otherwise specified herein. 7. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 8. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place or places as he or she from time to time may choose or deem fit. 4 9. NONINTERFERENCE Each party shall be free from interference, authority and control, direct or indirect, by the other in all respects as fully as if he or she were single and unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Neither party shall molest, harass, disturb or malign the other or the family of said other, nor compel or attempt to compel the other to cohabit or dwell with him or her. 10. MUTUAL RELEASES Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim, and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of and from any and all claims in the nature of dower and curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Will, or the right to treat a lifetime conveyance as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of the Commonwealth of Pennsylvania or any other state or any country, as well as any and all other claims, demands, damages, actions, 5 causes of actions, or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by said party prior to and including the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement, and shall in no way affect any cause of action in absolute divorce which either party may have against the other party. 11. MARITAL PROPERTY The parties hereto acknowledge and agree that they have acquired various assets during their marriage, whether the same were held jointly or individually by the parties hereto, including but not limited to: (a) Household goods, contents, furniture and furnishings. (b) Various bank accounts. (c) Various motor vehicles. (d) Various retirement accounts and benefits. (e) Various stocks and stock options. 12. DISTRIBUTION OF MARITAL PROPERTY The parties hereto covenant and agree that the assets described in Paragraph 11, above, together with any other property that the parties acquired 6 individually or jointly prior to the marriage, have been or are hereby being divided and distributed between them as follows: (a) The parties hereto have divided all the household goods, contents, furniture and furnishings among and between themselves with the exception of those items identified on Exhibit "A" attached hereto. Those items listed on Exhibit "A" shall become the sole and separate property of Wife, but are currently located at Husband's parents home in Bel Air, Maryland. Wife shall retrieve all items listed on Exhibit "A" within sixty (60) days of the date of execution of the Agreement. Those items not retrieved within sixty (60) days shall become Husband's sole and separate property. With the exception of those items listed on Exhibit "A" all property currently in the possession of Husband shall be the sole and separate property of Husband, and all property currently in the possession of Wife shall become the sole and separate property of Wife. (b) The parties hereto have heretofore divided all bank accounts. (c) Motor vehicles - (i) Husband shall retain sole and exclusive possession and ownership of the 2002 Nissan Maxima, which is presently encumbered by a loan. Husband shall be solely responsible for said loan and shall indemnify and hold Wife harmless from the same. Wife shall take any and all steps necessary to transfer title of said vehicle to Husband, if necessary. 7 (ii) Wife shall retain sole and exclusive possession and ownership of the 1996 Toyota 4-Runner, which is presently unencumbered by a loan. Husband shall take any and all steps necessary to transfer title of said vehicle to Wife, if necessary. (d) Retirement Accounts and Benefits- (i) Husband has a 401 k through SuperValu, Inc., from which he shall rollover the sum of TWENTY THOUSAND ($20,000.00) DOLLARS directly into Wife's 401k through SuperValu, Inc. Wife shall be responsible for the preparation and expense of a qualified domestic relations order to accomplish the transfer. The balance of Husband's 401 k shall become the sole and separate property of Husband. Wife hereby relinquishes any and all right, claim or interest she may have in Husband's 401 k. (ii) Husband has a pension with SuperValu, Inc., which shall become the sole and separate property of Husband. Wife hereby relinquishes any and all right, claim or interest she may have in Husband's SuperValu, Inc. pension. (iii) Wife has a 401 k through SuperValu, Inc., which shall become the sole and separate property of Wife. Husband hereby relinquishes any and all right, claim or interest he may have in Wife's 401k. R (iv) Wife has a pension with United Food, which shall become the sole and separate property of Wife. Husband hereby relinquishes any and all right, claim or interest he may have in Wife's United Food pension. (v) Wife has retirement benefits through Prudential Insurance, which shall become the sole and separate property of Wife. Husband hereby relinquishes any and all right, claim or interest he may have in Wife's Prudential Insurance retirement benefits. (vi) Wife has a Super Rite Investment Plan, which shall become the sole and separate property of Wife. Husband hereby relinquishes any and all right, claim or interest he may have in Wife's Super Rite Investment Plan. (e) Stocks and stock options - Husband has various stocks and stock options, which shall become the sole and separate property of Husband. Wife hereby relinquishes any and all right, claim or interest she may have in Husband's stock and stock options. 13. PROCEEDS FROM MARITAL RESIDENCE The parties acknowledge and agree that ONE HUNDRED FIFTEEN THOUSAND SEVEN HUNDRED NINETY-SIX ($115,796.36) DOLLARS and 36/100 is being held in escrow as a result of the sale of the marital residence. Wife shall receive SEVENTY-FIVE THOUSAND ($75,000.00) DOLLARS, which represents her share of the marital estate under the equitable distribution 9 agreement reached by 1he parties. Wife shall receive an additional FOUR THOUSAND THIRTEEN ($4,013.00) DOLLARS, which represents one-half of the 2003 tax refund received by the parties as a result of filing jointly for the 2003 tax year. Husband shall receive THIRTY-SIX THOUSAND SEVEN HUNDRED EIGHTY THREE ($36,783.36) DOLLARS and 36/100, which represents his share of the marital estate under the equitable distribution agreement reached by the parties minus FOUR THOUSAND THIRTEEN ($4,013.00) DOLLARS, which was deducted to pay Wife her share of the 2003 tax refund. For purposes of calculating capital gains, one-half of the increase in value of the marital residence shall be attributable to Husband and one-half of the increase in value of the marital residence shall be attributable to Wife, regardless of the actual distribution of cash. 14. MARITAL DEBT The parties hereto acknowledge and agree that other than the debt that is outlined elsewhere in this Agreement, there is no marital debt. Wife shall be solely responsible for any and all debt in her individual name, and shall indemnify and hold Husband harmless therefrom. Husband shall be solely responsible for any and all debt in his individual name, and shall indemnify and hold Wife harmless therefrom. If there is any debt in joint names, it shall be the sole and separate responsibility of the party who incurred said debt. 10 15. ALIMONY Beginning in June of 2005 and continuing through December of 2005, Husband shall make alimony payments to Wife in the amount of $1000 per month. Beginning in January of 2006 and continuing through December of 2006, Husband shall make alimony payments to Wife in the amount of $500 per month. Within ten (10) days of the date of execution of this Agreement, Wife shall terminate her spousal support action that is pending before the Cumberland County Office of Domestic Relations effective June 1, 2005. In the event there is an arrearage owed as of June 1, 2005, Husband shall made a lump sum payment to Wife to cover that arrearage. In the event there is a credit as of June 1, 2005, that money will be credited against the alimony owed beginning June 1, 2005. All alimony payments to Wife shall be made directly from Husband to Wife on or before the first day of each month. In the event of a decrease in Husband's income, whether as a result of a change in position or termination from employment, provided the lower income was through no fault of his own, alimony shall be reduced. In the event of a decrease in Husband's income, the amount of Husband's monthly alimony obligation shall be reduced so that the percentage payout under his new income will be equal to the percentage payout of his current income. For example, for the remainder of 2005, Husband pays alimony in the amount of $1000 per month, which constitutes 19.8 percent of his net monthly pay. For 2006 Husband will pay alimony in the amount of $500 per month, which constitutes 10 percent 11 of his net monthly pay. Consequently, should Husband's income decrease during the alimony term, Husband shall pay 19.8 percent of his net monthly pay during 2005 and 10 percent of his net monthly pay during 2006. No adjustment to alimony will be made in the event Husband receives and increase in income. Husband shall determine what amount he has already paid in the way of spousal support for the month of June, 2005 and shall deduct that amount from the $1000 due and owing for June of 2005. For purposes of this Agreement, Alimony shall be defined as: (i) The alimony payment is to be considered gross income to Wife and deductible by Husband; (ii) Husband's obligation to pay alimony terminates upon the death of either Husband or Wife; (iii) Husband's obligation to pay alimony terminates upon Wife's remarriage or Wife's co-habitation with another man. 16. FUTURE OWNERSHIP OF PROPERTY Each of the parties hereto may hereafter own and enjoy, independently of any claims or rights of the other, all items of personal and real property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively in all respects and for all purposes as though he or she were unmarried. 12 17. MUTUAL RELEASES The parties hereto acknowledge that under prevailing Pennsylvania law they each have certain possible fiscal rights, including but not limited to the following: spousal support, alimony pendente lite in the event of a divorce, permanent alimony subsequent to a divorce, recovery of counsel fees, costs and expenses in the event of a divorce, and the equitable distribution of marital property, as well as the right to seek discovery of assets through interrogatories and/or depositions. It is the intention of the parties hereto that except as otherwise provided herein, all of the foregoing rights and remedies are hereby waived and forever released and that this Agreement shall have the effect of a final Order of Court relieving each party of the obligation to the other for any and all of the foregoing possible rights and remedies, except as otherwise provided herein. Specifically, both parties covenant and agree that, except as outlined herein, both parties waive, release and forever relinquish their respective possible rights of spousal support of, from and against the other party; neither party will at any time seek alimony pendente lite, counsel fees, costs or expenses from the other party; neither party will see discovery of assets; and the parties have effected an equitable distribution of their marital property and neither will seek further distribution by any action at law or in equity. 18. BANKRUPTCY n It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/she has not heretofore instituted any proceeds pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him/her that have been initiated by others. 19. OTHER WRITINGS Each of the parties hereto agree to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent of this Agreement. 20. ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. 21. LEGALLY BINDING It is the intent of the parties hereto to be legally bound hereby and this Agreement shall bind the parties hereto and his or her respective heirs, executors, administrators and assigns. 14 25. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligations under anyone 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. LAW APPLICABLE This Agreement shall be governed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. 27. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the paragraphs and subparagraphs herein, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 16 BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. WITNESS: a Barbara Osburn Stum ~SG=9- Mindy S. Goodman, Esquire ---- 17 EX,HIBIT "A" Below are a list of items in Husband's possession that will become property of Wife upon execution of the Marital Settlement Agreement. 1. One-half of the patio furniture that was removed from the marital residence and is currently stored at Husband's father's house in Maryland; 2. The boxed Christmas decorations; 3. One-half of the baseball card collection; 4. Japanese Pagoda and Japanese Lantern. 1 R (") c ~ ~.~ !~~';~ t-) ;:"' r--~ ," ff; -:.-.i- :'1 -, '" <= c:::> <JO v> 0T1 -0 ~ ::::l :J_~ rn~ -rJFn :nO 96 _~l.. ""-d QC) om "1 ;;~ .J:) -< U1 -0 ::t::: ~ (~J N ANDREW C. WOLFEL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03-3530 ANITA C. WOLFEL, Defendant : CIVIL ACTION - LAW : DIVORCE CERTIFICATE OF SERVICE I certify that on September 2, 2003, Plaintiff served a true and correct copy of a Complaint in Divorce upon the Defendant by personal service while attending a support conference at the Office of Domestic Relations in Carlisle, Pennsylvania. Date: '1 - S"" - 0 ~ BY: ~S0=~ Mindy S. Goodman Attorney at Law Attorney ID No. 78407 2215 Forest Hills Drive Suite 35 Harrisburg, PA 17112 (717) 540-8742 Attorney for PetitionerlDefendant (") ...... = 0 c = TI ;:;: en ~lCC '" ~::n !J) [r: l"Tl ....--.-'.- -0 FTi ~!;': U1 ~6 r":<- :.,--\...- ....LT ~(.. -0 T-d ::E: 0--' -0 -... c'") ~C ~ om Z ~ ::< w -< ANDREW C. WOLFEL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 03-3530 ANITA C. WOLFEL, Defendant : CIVIL ACTION... LAW : DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST 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 nalties of 18 Pa. Cons. Stat. S 4904, relating to unsworn falsification to authorities. Date:. 'l{/tf~ Andrew C. Wolfel 0 ...... 0 = c = TI ;';;"" c.n - C/) ~:n "'1Jrn rnfr, l"Tl Z.-;;- -0 ::gFr. zc 06 5-:~.:~: U1 '- =:t!....., ~(:: -0 "- -::0 ::E: ~o '-'c om ~ J ~ C ~ z ::< w S:l N -< ANDREW C. WOLFEL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 03-3530 ANITA C. WOLFEL, Defendant : CIVIL ACTION - LAW : DIVORCE AFFIDAVIT OF CONSENT AND UNDER 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under S 3301 (c) of the Divorce Code was filed on July 24, 2003. 2. 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 divorce without formal notice of the intention to request entry of a divorce decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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. Cons. "" '::' rel;;;wom f&,;o,,"oo W ~,"Ori~1 tf ~ Andrew C. Wolfel 0 "" ~ = c = ~"" c.n l) i.-1} C/) !f,:n nlrrl l""'1 6::~' -0 :g'~ L~r. cq."t: U1 2t, g~ ..c. ~c -0 -,-- :::!J z<..~, :x 9frl :;;;;: ~c ~ (,) Z ~ =< w 51 N -< ANDREW C. WOLFEL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 03-3530 ANITA C. WOLFEL, Defendant : CIVIL ACTION - LAW : DIVORCE AFFIDAVIT OF CONSENT AND UNDER 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under S 3301 (c) of the Divorce Code was filed on July 24,2003. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service ofthe Complaint. 3. I consent to the entry of a final decree of divorce without formal notice of the intention to request entry of a divorce decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. S 4904, relating to unsworn falsification to authorities. Date: IJ9-J105 ~ t ,;fclln [) / Anita C. Wolf61 ~ 0 ....., c = 0 :? <:> -0':'::". "" TI n"lf(; '" :I! 7"":'- r'1 tiS it -0 m:J1 ~ ~. ~? r:r~' U1 <""....... ~O ""tl :rU " ""T. ;.;;C' ::E: O:!J e- N :2:0 ~ om -I W 55 -< ANDREW C. WOLFEL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS, : NO. 03-3530 ANITA C. WOLFEL, Defendant : CIVIL ACTION - LAW : DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 330HC) OF THE DIVORCE CODE \, I consent to the entry of a final decree of divorce without notice. 2. I understand that [ 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. Cons. Stat. ~ 4904, relating to unsworn falsification to authorities. 0",9-71;'0 ~;; A'41' Anita C. Wolfe! ' fi -0;"'" ;2~ C/) )> rs~:' ,c::l;' >c ;s (-< ::> " c :2: -, .-<; "> = ~ C/) rg ~ tf~ 'Ft ::pm d9 -fO ::r:.-ri o:n .20 C)m ~ -< UI " 3: N o. W N ANDREW C. WOLFEL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 03-3530 ANITA C. WOLFEL, Defendant : CIVIL ACTION - LAW : DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Personal service on September 2, 2003. A Certificate of Service is attached hereto as part of the record. 3. Date of execution of the affidavit of consent required by 3301(c) ofthe Divorce Code: by Plaintiff 8-17-05 ; by Defendant 8-28-05 4. Related claims pending: NONE 5. Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: 9-14-05 ; by Defendant 9-14-05 Respectfully submitted, \~~s; C'-I 0>:> t2-. - Mindy S. Goodman, Esquire I.D. No. 78407 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 DateS - I 3 -<.>.; 8 -0 :f: ntrp ""7L" z;! g)" r:: -, ~ ""-C -,,-(-'. 'c ..Jo>"e Z =<! ...... = = c.n C/) l"Tl -0 c.n -0 ::E: ~ W N ~ .-i ffi;;g -oFn :nO O{L ::yl...J 15.:8 6~ 35 -< . . . . . . . . . . . . . . . . . . . . . . '. . ~:f;", :f.,.; . . . . .. . :to"",.,,.; . . .. "'Of. :+:: ;ti:+:;ti;t; .. . . . . . IN THE COURT OF COMMON PLEAS . . OF CUMBERLAND COUNTY . . . . . . . . . . . . . . . . . . . ANDREW C. WOLFEL, PENNA. STATE OF Plaintiff No. 03-3530 VERSUS ANITA C. WOLFEL . . . . . . . . . . . . . . . . . . . . . . . . . . . . Defendant DECREE IN DIVORCE AND NOW, ./.JyYAA- z.., . , Z-cor, IT IS ORDERED AND DECREED THAT ANDREW C. WOLFEL , PLAINTIFF, . . . . . . . . AND ANITA C. WOLFEL , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, . . . . . . . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD YET BEEN ENTERED; IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT . . None. The Marital Settlement AGreement, dated July 26, 2005, is incorporated herein but shall not merge herewith. BY THE C ~'~J PROTHONOTARY . . . . ... . . :f. Of. "'''''l':+:::f.:f. J. :f. ;t; :f.;t;:Ii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' ~ fv 2' /Jr?>1/ r:;plt, 50,)-e . p -"'z?>V~~ :E ~JW~tl -/W .5(/' le~~ , .. ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANDREW C. WOLFEL, Plaintiff : NO. 03 - 3530 CIVIL VS. ANITA C. WOLFEL, Defendant : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw Defendant, Anita C. Wolfel's, request for alimony and alimony pendente lite and counsel fees, costs, and expenses; and equitable division of marital property in the above-referenced divorce proceeding. ,//3JL,,'~ BARBARA ORSBU~, ESQUIRE ATTORNEY FOR DEFENDANT Sup. Ct. I.D. No. 26821 29 N. Queen St. York, PA 17403 (717) 854-8268 DATE: ~J3o/o(' I I p ....., = = 0'" o " .-1 I-;-: nlp :g~~ (~~~ ~:~'c i~:;f.?i -' ~:~ ~~ U) ~.~J C,J c Ch 03 -..].5]0 c7,' 'C .\ QUALIFIED DOMESTIC RELATIONS ORDER ~L V\ / 't/L.'l IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that this ORDER shall be incorporated into and shall become an intefal part of the Decree of Divorce signed and entered by the Court in this cause on the 20 day of September 2005. ~1. Definitions. For the purposes of this section I and the following sections 2 through 4 of this domestic relations order, the following terms, when used with initial capital letters, shall have the following meanings. ~1.1. Account - The Participant's entire interest in the Plan (whether or not vested or nonforfeitable). ~1.2. Alternate Payee - The following person: Name: Anita C. Wolfel Last Known Mailing Address: 11 Powder Farm Ct. Perry Hall, MD 21128 Social Security Number: 213-76-0046 ~1.3. Administrative Committee - The following: SUPERV ALU Inc. Pre-Tax Savings and Profit Sharing Plan Administrative Committee SUPERV ALU Inc. Attn: Corporate Benefits Department P.O. Box 990 Eden Prairie, Minnesota 55440 ~1.4. Participant - The following person: Name: Andrew C. Wolfel Last Known Mailing Address: 4628 Sadler Grove Way Glen Allen, V A 23060 Social Security Number: 219-60-2902 ~l.S. Plan - The qualified defined contribution profit sharing plan known as the name: SUPERV ALU Inc. Pre-Tax Savings and Profit Sharing Plan. I {i ..-, 'l"; () IJ '\_.' k~': HV C'_ ~-; ~d.i C[:;'Z ~1.6 Valuation Date ~ The last business day of the month in which the Administrative Committee has formally and finally determined that this domestic relations order constitutes a qualified domestic relations order and all appropriate time for appeals under the claims procedure of the Plan applicable to domestic relations orders has expired. ~2 Award to Alternate Payee. ~2.1 Time and Amount of Payment. As soon as may be administratively feasible after the Valuation Date, the Administrative Committee shall cause the trustee of the Plan to distribute to the Alternate Payee from the Account $20,000.00 plus gains and losses on that portion of the account from July 26, 2005 to the date of distribution or, if less, the value of the vested and nonforteitable portion of the Participant's Account as of the date of distribution. In no event shall the Plan distribute to the Alternate Payee any amount representing earnings or other increase in the value of the amount awarded to the Alternate Payee attributable to the period of time from Valuation Date to the date of distribution of the amount is actually made to the Alternate Payee. ~2.2 Form of Payment. Such distribution to the Alternate Payee shall be made in a single lump sum payment in cash or in assets of an equal value or in a combination of cash and assets as the Trustee of the Plan may, in its discretion, determine. If the Alternate Payee properly so elects direct rollover of the payment will be made to the Alternate Payee's designated Individual Retirement Account or other qualified account or plan. The Alternate Payee shall not be permitted to elect any other form or time of distribution even if it would be otherwise available under the plan. Upon the completion of this distribution to the Alternate Payee, the Plan shall have no further obligation to make any further distributions to the Alternate Payee. ~2.3 Limitation Rules. The value of the Participant's Account as of the date of distribution shall be determined excluding: (i) any portion which has been, before such date, distributed from the Plan to (or with respect to) the Participant, and (ii) any portion which has been awarded to any other alternate payee under any other domestic relations order which was determined to be a qualified domestic relations order before the date this domestic relations order is determined to be qualified domestic relations order, and (iii) any portion which on such date is in the form of unpaid principal and interest on a loan to the Participant and (iv) any portion which on such date is in the form of any portion which on such date is in the form of an accrued but unpaid contribution. ~3. Miscellaneous Substantive Provisions. The Alternate Payee shall not be deemed or considered to be a spouse, former spouse or surviving spouse of the Participant for any purpose of the Plan. The Administrative Committee may, but shall not be required to, cause the trustee of the Plan to segregate in a separate account under the Plan the interest awarded to the Alternate Payee under this domestic relations order pending its actual 2 distribution to the Alternate Payee, to the extent that the Account of the Participant consists of monies coming from different sources or monies that have been divided for investment purposes into different classes or categories of investments, the Administrative Committee shall cause the trustee to withdraw the monies for payment to the Alternate Payee in reasonable proportion to such sources and investments as they exist on the date of distribution. Except as hereinafter provided, all payments shall be made only to the Alternate Payee. If the Alternate Payee dies after this order is entered but before the date of actual distribution is made to the Alternate Payee, distribution of the benefits awarded to the Alternate Payee under this order shall be made only to the personal representative of the Alternate Payee's estate. If the Administrative Committee has actual knowledge of the appointment by a court of competent jurisdiction of a guardian, conservator or similar court appointed fiduciary having responsibility for the Alternate Payee's financial affairs, the payment shall be made to only such court appointed fiduciary. For all purposes of the Plan, the Participant's Account (and all benefits payable under the plan which are derived in whole or in part by reference to the Participant's Account) shall be permanently diminished by the portion of the Participant's Account, which is awarded to the Alternate Payee. ~4. Miscellaneous Procedural Provisions. Upon entry of this domestic relations order, the Alternate Payee shall deliver to the Administrative Committee a certified copy of this domestic relations order and shall simultaneously furnish the Participant with evidence of such delivery. The Alternate Payee shall be responsible for the payment of all state and federal income taxes on amounts awarded to and paid to the Alternate Payee under this domestic relations order. Federal income tax will be withheld from the amounts awarded unless otherwise required by law. The Alternate Payee shall file all elections, applications or other forms required by the Administrative Committee in connection with the distribution contemplated by the domestic relations order. The Participant shall cooperate fully with the Plan and the Alternate Payee in executing such documents and taking all other actions, which may be necessary or required by the Administrative Committee for the purpose of causing the distribution to the Alternate Payee, which is contemplated by this domestic relations order. Copies of all notices sent by the Administrative Committee to the Alternate Payee shall be sent to the following representative of the Alternate Payee at the following address: Name: Barbara Orsburn Stump, Esq. Address: 29N. Queen St. York,PA 17403 The Alternate Payee may designate a different representative for the receipt of copies of notices that are sent to the Alternate Payee if such notice is submitted in writing to the Administrative Committee prior to the effective date of such change. To the extent the Plan makes a reasonable and good faith effort to observe the terms of this domestic relations order in making the payment to the Alternate Payee contemplated by this 3 '. domestic relations order, the Plan, the Administrative Committee and every fiduciary of the Plan shall be deemed to have fully satisfied their obligations to the Participant and the Alternate Payee (and their successors and assigns) with respect to such payments. \o,Ob ~/~ o BY THE COURT: 4;,.,,;/ ,5-/ 2<70b ~~~. A d. " J. / I 4 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANDREW C. WOLFEL, Plaintiff : NO. 03-3530 VS. CIVIL ACTION - LAW ANITA C. WOLFEL, Defendant STIPULATION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW, come the Petitioners, Andrew C. Wolfel, Plaintiff and Anita C. Wolfel, Defendant, who file their Stipulation for Entry of Qualified Domestic Relations Order, of which the following is a statement: I. The parties have agreed to a distribution and have distributed their marital property with the exception of Andrew C. Wolfel's SUPERVALU Inc. Pre- Tax Savings and Profit Sharing Plan. 2. Pursuant to their agreement as to distribution of their marital property, the parties agreed to the entry of a Qualified Domestic Relations Order to effectuate the distribution of Andrew C. Wolfel's SUPERVALU Inc. Pre-Tax Savings and Profit Sharing Plan. 3. The Qualified Domestic Relations Order is required by the ERISA to effect such assignment, and by the United States Internal Revenue Code to defer Federal Income Tax consequences. 1 , 4. Attached hereto, is the proposed Qualified Domestic Relations Order, which the parties have agreed to have this Honorable Court enter in this case. WHEREAS, the parties hereto jointly move the Court to enter the Qualified Domestic Relations Order in the form attached hereto. WITNESS: "'\ .----. ~'Z' , \"-"-'-"''-.'\ "-.~ '. .",>,~_. (SEAL) _.....<~. ;,\.( " -~t~. ANITA C. WOLFEL (SEAL) J 2