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HomeMy WebLinkAbout09-3726Kristin R. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for James J. Hoffmann JAMES J. HOFFMANN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. oq - 37av 0'1V;( ierh DELLA M. COWALL, CIVIL ACTION -LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in 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 divorce is indignities or irretrievable breakdown of marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET w FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accibn dentro de los proximos veinte (20) dias despuis de la notificacibn de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como de describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 ' w JAMES J. HOFFMANN, Plaintiff V. DELLA M. COWALL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA i . NO. d9. 37J- G et?'J. CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE 1. The Plaintiff is James J. Hoffmann, an adult individual currently residing at 606 South York Street, Mechanicsburg, Cumberland County, Pennsylvania. 17055. 2. The Defendant is Della M. Cowall, an adult individual currently residing at 606 South York Street, Mechanicsburg, Cumberland County, Pennsylvania. 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on December 31, 1988, in Bedford County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. • 6. This action is not collusive. 7. Plaintiff and Defendant have lived separate and apart within the same household since on or about January 20, 2009. 8. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c) - The marriage of the parties is irretrievably broken. B. Section 3301(d) - The marriage of the parties is irretrievably broken. The parties have lived separate and apart within the same household since on or about January 20, 2009. 9. Plaintiff has been advised of the availability of marriage counseling and understands that he may request that his spouse and he participate in counseling. 10. Plaintiff does not request that the Court require that his spouse and he participate in counseling prior to a divorce decree being handed down by this Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a final decree in divorce. COUNTI EQUITABLE DISTRIBUTION 11. Paragraphs one through ten are incorporated herein by reference. 12. During their marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Sections 3501 et.sea. of the Divorce Code of 1980. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably distribute all marital property, both real and personal, owned by the parties. Date: 410')09 - Respectfully submitted, THE LAW OFFI ES OF SILLIKER & RHOLD 'stin . Reinhold, Esquire 5922 L nglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for James J. Hoffmann AFFIDAVIT I, J?NI ?S J. 6_W, A? *u, ereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unworn falsifications to authorities. Dated: S ?? ' OF ??MMM- -OTA9Y 1009 JUN - 5 Phi I : 26 PENNSYLVANIA $3,64.50 PO ATry +UL* a2l'1'i`I W ?' ?y;? at JAMES J. HOFFMANN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 09-3726 CIVIL TERM DELLA M. COWALL, :CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE The undersigned, Renee Dreisbach, hereby certifies that a copy of a Divorce Complaint was served upon Della M. Cowall, on June 12, 2009, by certified mail, return receipt requested, addressed as follows: Della M. Cowall 606 South York Street Mechanicsburg, PA 17055 I hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ~~/~;" /~ g Renee Dreisbach ^ Complab items 1, 2. and 3. ANo A. SI eture r ~errt 4 if Restricted Delivery is desired. X ^A V /~.J/c~~.e/ ^ Agent Print yoor name and address on the rev "[ 1, ^ ~~~ so that we can return the card to you. B. Received by (Printed C. Date of DaMvery ^ Attach this card to the back of the mailp * v or on the front if space permits. D. Is delivery address different from kern 1? ^ Ye8 1. Ardcle Addressed to: If YES, enter delivery address below: ^ Nq ~~I~. /Y\, Coc~,~ll ~^ 3. Service Type `~1/~~ `~-f Rifled Mail ^ Express Mail ^ Registered ^ Return Receipt for Merohu,dUs I ~~ ^ Insured Mail ^ C.O.D. Celhrory? (Extra Fee) 2. ArlicleNumber 7007 2680 0000 6463 4520 (I-arrsfer from service labep PS Form 3811, February 2004 Dortrestlc Rerun Receipt ,o2sssax-M-,s+o USPS - Traok & Confirm http://trkcnfrml.smi.asps.corn/PTSInternetWeb/IrnerlabelInquiry.do ~~'~,t~~~ , ~. ~~,rs Track & confirm Search Results LabeVReceipt Number: 7007 2680 0000 6463 4620 Class: Flret-Class Mall® Service(s): CertMied Mall'^ Restricted DslNery Return Receipt Status: Delivered Your item was delivered at 12:41 PM on June 12, 2009 in MECHANICSBURG, PA 17055. Detailed Results: ^ Delivered, June 12, 2006,12:41 pm, MECHANICSBURG, PA 17066 ^ NotJce Left, June 12, 2008,12:40 pm, MECHANICSBURG, PA 17066 ^ Acceptance, June 10, 2009, 6:16 pm, HARRISBURG, PA 17112 Home I HQID I $. Track $ CO~dirm (rEnter LabeVReceipU Number. ~ L ~ ~.. _-___. G ~~ ~~~ __ Track $ CoMirtn by email Get current event information or updates for your item sent to you or others by email 1?i> ' SIl9 MeD Customer Service Forms Gov't Servkes areer Copyrl8h6D 2008 USPB. NI R18Ms Reserved. Wo FEAR Act EEO Data FOIA Privacy PoNcy Terms of Use Business Custonar Gatewev 1 of 1 6/15/2009 10:52 AM { 1609 J!1?~ 16 Pt~i t ~ 5 4 CIJr~E ~ .. ;i 4~, fr , _, ~ ~~rn.f`J~til ? Y JIVIDEN & WEHNERT, LLC JULIE A. WEHNERT, ESQUIRE ATTORNEY I.D. 307900 3461 Market Street, suite 101 Camp Hill, PA 17011 (717) 730-3700 jawehnert@gmail.com JAMES J. HOFFMAN, Plaintiff, vs. DELLA COWALL, Defendant. 1t !7 ff I E?1 L? ?.. -.. "Y ?N.Z E dd ?pq}?P?. f?V t _ Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-3726 CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR ENTRY/WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Della Cowall, the Defendant in the above-captioned divorce matter. 4iden DATE WEHNERT, E QUIRE Wehnert, LLC 3461 Market Street, Suite 101 Camp Hill, PA 17011 Supreme Court ID# 307900 Please withdraw my appearance on behalf of Della Cowall, the Defendant in the above referenced divorce matter. DATE' r CA LI S , E IRE Saidis, er & Lindsay 26 West High Street Carlisle, PA 17013 Supreme Court ID# 44693 JAMES HOFFMAN, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2009-3726 DELLA COWALL, CIVIL ACTION - LAW Defendant. IN DIVORCE CERTIFICATE OF SERVICE I, Julie A. Wehnert, Esquire, do hereby certify that on this 16th day of March, 2011, 1 served a true and correct copy of the foregoing Praecipe for Entry/Withdrawal of Appearance via regular U.S. First Class mail, postage prepaid, addressed as follows: Kristin R. Reinhold, Esquire Reinhold & Siliker 5922 Linglestown, Road Harrisburg, PA 17112 Attorney for Plaintiff JIVIDEN & WEHNERT, LLC By: JUI' A. Wehnert, Esq. I. 307900 3461 Market Street, Suite 101 Camp Hill, PA 17011 (717) 730-3700 Attorney for Defendant FILED-OFFICE Cf tf POI-NONOTA. 2011 JUL -6 1?:O CUMBERLAND JAMES J. HOFFMAN, i =E""OURT OF COMMON PLEAS Plaintiff, BERLAND COUNTY, PENNSYLVANIA vs. NO. 2009-3726 DELLA M. COWALL, CIVIL ACTION - LAW Defendant. IN DIVORCE N O T I C E 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 at Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17011. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 7 `1' w Pd cil? a4 ???#a?61 7 CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 JIVIDEN & WEHNERT, LLC JULIE A. WEHNERT, ESQUIRE ATTORNEY I.D. 307900 3461 Market Street, suite 101 Camp Hill, PA 17011 (717) 730-3700 jawehnert@gmail.com JAMES J. HOFFMAN, Plaintiff, vs. DELLA M. COWALL, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-3726 CIVIL ACTION - LAW IN DIVORCE PETITION FOR ECONOMIC CLAIMS AND NOW, comes Defendant, Della M. Cowall by and through her counsel, Julie A. Wehnert and petitions this Honorable court as follows: 1. Petitioner is Della A. Cowall, Defendant in the above matter. 2. Respondent is James J. Hoffman, Plaintiff in the above matter. ALIMONY 3. The prior paragraphs of this Petition for Economic Claims are incorporated by reference as though fully set forth herein. 4. Defendant does not have the means through her own earning capacity to maintain a reasonable standard of living, nor the standard the parties established during the marriage. 5. Defendant lacks sufficient property, including, but not limited to, any property distributed pursuant to the Divorce Code of 1980, as amended, to provide for her reasonable needs. 6. Plaintiff is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Defendant and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant respectfully requests that the Court enter an Order awarding Defendant alimony from Plaintiff in such sums as are reasonable and adequate to support and maintain Defendant. ALIMONY PENDENTE LITE, COUNSEL FEES AND COSTS 7. The prior paragraphs of this Petition for Economic Claims are incorporated by reference as though fully set forth herein. 8. By reason of the institution of the action to the above term and number, Defendant will be and has been put to considerable expense in the preparation of her case, in the employment of counsel, and the payment of costs. 9. Plaintiffs income is disproportionately higher than Defendant's income, and Defendant is without adequate income to pay the costs and expenses of this litigation, and is, likewise, without adequate income to maintain her during the litigation. 5. Defendant lacks sufficient property, including, but not limited to, any property distributed pursuant to the Divorce Code of 1980, as amended, to provide for her reasonable needs. 6. Plaintiff is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Defendant and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant respectfully requests that the Court enter an Order awarding Defendant alimony from Plaintiff in such sums as are reasonable and adequate to support and maintain Defendant. ALIMONY PENDENTE LITE, COUNSEL FEES AND COSTS 7. The prior paragraphs of this Petition for Economic Claims are incorporated by reference as though fully set forth herein. 8. By reason of the institution of the action to the above term and number, Defendant will be and has been put to considerable expense in the preparation of her case, in the employment of counsel, and the payment of costs. 9. Plaintiffs income is disproportionately higher than Defendant's income, and Defendant is without adequate income to pay the costs and expenses of this litigation, and is, likewise, without adequate income to maintain her during the litigation. WHEREFORE, Defendant respectfully requests that the Court grant an order upon Plaintiff compelling Plaintiff to pay Defendant alimony pendente lite, counsel fees and costs of litigation. Respectfully Submitted, !JIV E WEHNERT, LLC Dated: -.7 Jule . Wehnert, Esq. VERIFICATION I, Della M. Cowall, the Defendant in this matter, have read the foregoing Petition for Economic Claims. I verify that my averments in this Petition are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Dated: vI Jj 010 bI &,? M , owag Della M. Cowall JAMES HOFFMAN, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2009-3726 DELLA COWALL, CIVIL ACTION - LAW Defendant. IN DIVORCE CERTIFICATE OF SERVICE I, Julie A. Wehnert, Esquire, do hereby certify that on this 5th day of July, 2011, 1 served a true and correct copy of the foregoing Petition for Economic Claims via regular U.S. First Class mail, postage prepaid, addressed as follows: Kristin R. Reinhold, Esquire Reinhold & Siliker 5922 Linglestown, Road Harrisburg, PA 17112 Attorney for Plaintiff JIVIDEN & WEHNERT, LLC Y• _' & Q Juli . Wehnert, Esq. I.D. 07900 3461 Market Street, Suite 101 Camp Hill, PA 17011 (717) 730-3700 Attorney for Defendant JAMES HOFFMAN DELLA COWALL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. rn Co NO. 2009-3726 29-t * 1 4?=. C!) rt" --r-=- b ` ?? tV Defendant D Q MOTION FOR APPOINTMENT OF MASTER 2p Defendant , moves the court to appoint a master witkQrSect-Q the following claims: f X? Divorce ?X Distribution of Property ? Annulment ? Support ?X Alimony ?X Counsel Fees ? Alimony Pendente Lite Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The defendant has appeared in the action (personally) (by his attorney,_ Julie A. Wehnert , Esquire). 3. The staturory ground (s) for divorce are Irretrievable breakdown 4. Delete the inapplicable paragraph (s): A B ?X C ? a T-be 0 __ is 110t reSOeC „ C. The action is contested with respect to the following claims: Equitable Distribution, Alimony & Counsel Fees and Costs 5. The action does not involve 6. The hearing is expected to take complex issues of law or fact. days 7. Additional information, if any, relevant to the motion: Date: June 30, 2011 a ?4 for De fendant 9WAy ehnert Print Name ORDER APPOINTING MASTER AND NOW , 20 Esquire, is appointed master with respect to the following claims: By the Court, r1l "t7 T" t5 ? ? r Z ? C> J. Y JAMES HOFFMAN DELLA COWALL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C Plaintiff vs. rn CD N0.2009-3726 2 !;-rn ZE! D ? rte- Z Defendant D t? 2a. MOTION FOR APPOINTMENT OF MASTER _zp _a Defendant moves the court to appoint a master wit ectV the following claims: --q -- ?X Divorce 0 Distribution of Property ? Annulment ? Support Q Alimony Q Counsel Fees ? Alimony Pendente Lite Q Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The defendant has appeared in the action (personally) (by his attorney,_ Julie A. Welmert 3. The staturory ground (s) for divorce are Irretrievable breakdown 4. Delete the inapplicable paragraph (s): A B © C ? resnec C. The action is contested with respect to the following claims: Equitable Distribution, Alimony & Counsel Fees and Costs 5. The action does not involve The hearing is expected to take 1 7. Additional information, if any, relevant to the motion: Date: June 30, 2011 9.Ay for Defendant Wehnert Print Name ORDER APPOINTING MASTER AND NOW /.3 ,20j/ , e",", &?? j AT7 Esquire, is appointed master with respect to the following claims: -&j ? ?u1? A. tk-,'e A w14, Csf- Cop; ?s Mo. It-A' -)//Y//( complex issues of law or fact. days C1 -r; ?J r 1i O o? Ss Esquire). C-) C ?, cz tw "?I cn r" .r. 'o ? m -,, C') -m ._.q r-n By the Court, J. JAMES J. HOFFMANN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYL~~;7 ~~. .._ .:a. e~ ` ~ ' v. ,. ~ m k - NO. 2009-3 726 ~~ ~ ~ ` y DELLA COWALL, :CIVIL ACTION -LAW ~ ~` ` , Defendant IN DI~JORCE ~ c~ ~. ~~ -~-`: ~~ :~ ~~ tea;.=: .. ---i AFFIDAVIT OF CONSENT ~`;` "~ ~~`~ 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 5, 2009. 2. 'The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 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. Date: ~~ ~ ~- • ~ Jam J. JAMES J. HOFFMANN, 1N THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLV~AN ~, ' v. NO. 2009-3726 ~"' ~'" -~ .~_ DELLA COWALL :CIVIL ACTION -LAW ~ `-- , . ...~ ~-- Defendant IN DIVORCE ~ c:, ....~ r- .~=-~~~ ~ G. °° ~ ~ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3341 (c) OF TSE DIVORCE CObE 1. I consent to the entry of a final Decree in 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 subjectto the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~ ~ Z . ~ Z JIVIDEN ~ WEHNERT, LLC JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307940 3461 Market Street, Suite 101 Camp Hill, PA 17011 (717) 73-3700 jawehnert@gmail.com E` ~ Ft ~ 7 t^°: o 20da~~`~ -~ ~~~ I!~ 5 f ri~f~iEt=f..~i~'i) COUNTY Ffrf~r'-tSYLVA~f~, Attorney for Plaintiff JAMES J. HOFFMANN, : IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.2009-3726 DELLA COWALL, :CIVIL ACTION -LAW Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on June 5, 2009. 2. The Complaint was served by certified mail signed for by Defendant on June 12, 2009. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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 falsification to authorities. Date: ~ •75~/d-- ~~'~.~i /YI. Cyzaa~C~ Della Cowall JIVIDEN ~ WEHNERT, LLC JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 3461 Market Street, Suite 101 Camp Hill, PA 17011 (717) 73-3700 jawehnert@gmail.com JAMES J. HOFFMANN, Plaintiff, vs. DELLA COWALL, Defendant. ?CI?~J°~ -8 ~~i I!~ 51 s'~.il~iE~~r LAS? C4i~~i~~' I~~P?~~SYLVAP~IA Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-3726 CIVIL ACTION -LAW IN DIVORCE 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 in 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 falsification to authorities. Date: ~0/aslta- ~~~E'.r:.(r m , Co~zl1' Della Cowal'I JAMES J. HOFFMAN, Plaintiff vs. DELLA COWALL, Defendant AND NOW, this ~ day of , 2012, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated November 2, 2012, 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, r1 • /~ Kevi Hess, P.J. cc: / Kristin R. Reinhold Attorney for Plaintiff 1/ Julie A. Wehnert Attorney for Defendant _ ,,~~__LL ~ / ~ c ~ r.,' f~ ..,.. _ ~ ~ G~op;cs ~.%~ i~~3 ~ u ~ .~ ~- ~~ ~~ r~ 'C~ -p -~~ ~ ~ .. „ y-~ ~ ~ ~ ~ ~~ ~: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 09 - 3726 CIVIL IN DIVORCE ORDER OF COURT .' ~ , JAMES J. HOFFMANN, Plaintiff, vs. DELLA COWALL, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-3726 CIVIL ACTION -LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT 1. INTRODUCTORY PROVISION This Agreement is made by and between James J. Hoffmann of Cumberland County, Pennsylvania ("Husband") and Della Cowall of Cumberland County, Pennsylvania ("Wife"). 2. WHEREAS CLAUSES WHEREAS, the parties hereto are Husband and Wife, having been married on December 31, 1988, in Bedford, Pennsylvania; WHEREAS, certain differences exist between the parties and they have decided to permanently live separate and apart from each other and they intend by this Agreement to fully and finally settle all of their respective rights and obligations as between each other, including, but not necessarily limited to the settling of all interests, rights and/or obligations between them or their estates, whether arising out of their marriage, including, but not limited to: (a) the past, present and future support, alimony pendente lite, alimony or maintenance of either party by the other party; and (b) the ownership of all assets of whatever nature, including assets acquired by either party prior to or subsequent to the date of execution of this Agreement; 1 of 29 H DC 3. CONSIDERATION NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Husband and Wife, intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 4. 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. 5. DEFINITIONS A. Divorce Code. The phrase "Divorce Code" or "Code" shall be defined as Pennsylvania C.S.A.. Title 23. Section 101 et seq. (effective March 19, 1991). B. Date of Execution of This Agreement. The phrase "date of execution", "execution date" or "date of this Agreement" shall be defined as the date that the last party signs this Agreement. C. Date of Distribution. Except where indicated otherwise, the phrase "date of distribution" of this Agreement shall be defined as the earlier of the date of: (1) death of one of the parties; or (2) the thirty-first day subsequent to the date on which an initial divorce decree is entered without an appeal having been taken, or, if such an appeal has been taken, on the date of receipt of notice of final confirmation of the initial divorce decree by the appellate courts. If the distribution date falls on a date when the court which entered the decree in divorce or to which appeal was taken is closed for official business, then the distribution date ~L 2 of 29 H DC shall be the next day on which that court is open for official business. D. Internal Revenue Code. The phrase "Internal Revenue Code" or "I.R.C." shall be defined as the Internal Revenue Code of 1986, as amended, or any successor statute thereto. References to sections of the Internal Revenue Code shall refer to sections of the Internal Revenue Code as of the date of execution of this Agreement. E. Asset. The word "Asset" shall be defined as anything of value, including, but not limited to, real and/or personal, tangible and/or intangible property and alt financial interests however held. F. Effective Date of Agreement. This Agreement shall become effective and binding upon both parties on the execution date of this Agreement. 6. DIVORCE DECREE A. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent, no-fault Divorce Decree in the above captioned divorce action. Husband has filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, Civil Term, 2009-3726, seeking a divorce decree pursuant to, among other provisions, Section 3301(c) of the Domestic Relations Code. The parties shall promptly file the affidavits and waivers required to obtain a divorce pursuant to § 3301(c) of the Domestic Relation Code. As defined in the Domestic Relations Code, the parties' marriage is irretrievably broken and they do not desire marital counseling. The parties shall also take all legal steps (including, but not limited to, the timely and prompt submission of all documents and the execution of appropriate ~rylC 3 of 29 H DC waivers of the right to file exceptions and of the right to file an appeal) necessary to ensure that a divorce pursuant to § 3301(c) of the Domestic Relations Code is entered as soon as possible/within three (3) months, but in any event not later than four (4) months from the date of execution of this Agreement. B. Responsibility for Proceeding with Divorce. Husband shall be responsible for the prompt filing of the Praecipe to Transmit the Record and the related required documents. Should Wife want a certified copy of the final divorce decree, Wife shall pay the required fee to secure that document. C. Withdrawal of Other Actions. The parties further shall take all legal steps necessary to ensure that all pending petitions and actions between the parties (including, but not limited to counterclaims or petitions for economic relief), except for the divorce action referred to in Paragraph 6.A. (to the extent necessary to obtain the divorce), are dismissed with prejudice as soon as possible and that no similar actions are instituted, except to the extent necessary to enforce the terms of this Agreement. D. Penalty for Delay. Notwithstanding the foregoing, if, after the execution of this Agreement, either party unreasonably delays or contests the obtaining of a final, unappealed divorce decree, that party shall exonerate and indemnify the other party against and hold the other party harmless from any liability and/or expense, including reasonable counsel fees, incurred as a result of such delay or contest in obtaining the decree. 7. EFFECT OF NO DIVORCE Except as otherwise provided for in this Agreement, this Agreement shall remain in full force and effect even if no final decree in divorce is entered. 4 of 29 JH 8. EFFECT OF DIVORCE DECREE. INCORPORATION AND MERGER This Agreement shall continue in full force and effect after a final decree in divorce is entered in any jurisdiction, it shall survive and not merge into any such divorce, and its provisions shall not be affected by the entry of such a decree, surviving any such decree and remaining independent of any such decree. The terms of this Agreement shall be incorporated for enforcement purposes only, but not merged into the divorce decree. The Court entering the decree shall have all of the powers of enforcement, which, at the discretion of the non-breaching party, shall include, but not necessarily be limited to, all of the following: for breach of contract, under theories of equity, and under the Divorce Code, including under § 3105 (which includes contempt). The provisions of this Agreement shall not be modifiable for any reason. 9. ADVICE OF COUNSEL Husband has been represented by Kristin R. Reinhold, Esquire. Wife has been represented by Julie A. Wehnert, Esq. Each party represents that he or she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled to greater support, maintenance, alimony pendente lite, counsel fees, costs, alimony, distribution of property, or other financial benefits arising from the marital relationship than is provided for in this Agreement. Notwithstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties further acknowledges and agrees that, with such knowledge, and after having read this Agreement carefully and fully, this Agreement is fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 1~.~ JH DC 5 of 29 10. 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, and each party acknowledges that there has been disclosure of the parties' marital assets and debts and the parties' respective incomes. The parties agree to waive any further disclosure and proceed with a settlement of all financial assets and/or debts. 11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 12. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. L 6 of 29 JH C 1 ! 13. MUTUAL RELEASES Except as otherwise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims As~ainst Proaerty or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of the other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: 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 (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Ris~hts: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exceation: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this 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 C~ H DC 7 of 29 owns or may hereafter acquire, 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 thereof. 14. WAIVER OR MODIFICATION No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 15. MUTUAL COOPERATION Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 16. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 17. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 8 of 29 18. BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in the Pennsylvania Divorce Code, 23 Pa.C.S. § 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damas~es: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity. D. Consideration for Reasonable Attorneys Fees: Any award of "reasonable attorney's fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of five (5) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. ~ Vh.Cr DC 9 of 29 19. INCOME TAX MATTERS With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: for the 2011 tax year, the parties filed separate tax returns. Prior to 2011 the parties filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them arising out of any joint ding, each will be responsible for payment of half of such tax and any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. In the event that any refund is received after the execution of this Agreement, from any joint filing from a previous year, the parties hereby agree that the refund monies received shall be split equally between the two parties. 6. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of five (5) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. D. Deaendencv Exemations: Wife shall claim the parties' child, Julia, on her personal tax return as long as the child is a full time student and is able to be claimed as a dependent. 20. EFFECT OF RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This 10 of 29 H DC Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION II EQUITABLE DISTRIBUTION OF PROPERTY 21. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 22. DISTRIBUTION OF PROPERTY AND DEBTS The parties' assets and debts shall be divided and distributed as follows: A. Real Estate (1) 606 S. York Street. Mechanicsburg. PA 17055: Husband and Wife jointly own real estate, specifically a house and lot known and numbered as 606 S. York Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter "York Street"). As regards their joint interest therein the parties agree as follows: (a) Commencing on the execution date of this Agreement, and without regard to when bills for such items are incurred, received or due, Husband shall be solely responsible for all past, present and ~~~ 11 of 29 DC future costs or liabilities associated with or attributable to maintaining the York Street residence (except as provided herein), including, but not limited to, all real estate taxes, water and sewer bills, gas, electric and telephone service, homeowners insurance, and gardening expenses and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expenses, including attorneys' fees, which are incurred in connection with such maintenance, cost, and expenses or resulting from Husband's ownership interest in the York Street residence. (b) There is presently outstanding against this York Street residence a mortgage with PNC under the names of both parties (hereinafter the "mortgage"), as well as a home equity line of credit with PSECU. Commencing on the date of execution of this agreement, Husband shall be solely responsible for the timely payment of all past, present, and future principal, interest and other fees due under the mortgage. (c) The York Street residence shall continue to be listed for sale by the realtor agreed upon by the parties. Wife shall have no input into sale negotiations and will cooperate in signing the Deed upon settlement. Upon the sale of the York Street residence, which shall occur by December 12, 2012, any realized profit after the satisfaction of all liens and costs including but not limited to the mortgage, taxes, and real estate commission shall be distributed so that Husband receives 100% of the net profit and Wife receives 0% of the net profit. -~~l~c:~ 12 of 29 DC (d) Husband shall indemnify and hold Wife harmless from any liability, cost or expense, including attorneys' fees, incurred subsequent to the execution date of this Agreement in connection with any expense required to be made by Husband including, but not necessarily limited to, the mortgage, property taxes, and insurance with respect to the aforesaid York Street residence. (e) In the event that Husband should die and, at that time, there should remain any outstanding balance on the mortgage, or any other debt and/or liens against the property, the property would then become an asset of Husband's estate and distributed according to the terms of his Last Will and Testament. (2) 2604 Hoffer Street. Harrisburs~, PA 17103: Husband alone owns real estate, specifically a house and lot known and numbered as 2604 Hoffer Street, Harrisburg, Dauphin County, Pennsylvania, 17103 (Hereinafter "Hoffer Street"). As regards to his interest therein the parties agree as follows: (a) Commencing on the execution date of this Agreement, and without regard to when bills for such items are incurred, received or due, Husband shall be solely responsible for all present and future costs or liabilities associated with or attributable to maintaining the Hoffer Street residence (except as provided herein), including, but not limited to, all real estate taxes, water and sewer bills, gas, electric and telephone service, homeowners insurance, and 13 of 29 C gardening expenses and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expenses, including attorneys' fees, which are incurred in connection with such maintenance, cost, and expenses or resulting from Wife's marital interest in the Hoffer Street residence. (b) There is presently outstanding against this Hoffer Street residence a mortgage with CitiMortgage under the names of both parties (hereinafter the "mortgage"). Commencing on the date of execution of this agreement, Husband shall be solely responsible for the timely payment of all past, present, and future principal, interest and other fees due under the mortgage. (c) The Hoffer Street residence shall continue to be listed for sale by the realtor agreed upon by the parties. Upon the sale of the Hoffer Street residence, which shall occur by December 12, 2012, any realized profit after the satisfaction of all liens and costs including but not limited to the mortgage, taxes, and real estate commission shall be distributed so that Husband receives 100% of the net profit and Wife receives 0% of the net profit. Husband shall forward to Wife within fifteen (15) days of settlement, a copy of the settlement paperwork showing the satisfaction of the mortgage with CitiMortgage. (d) Husband shall indemnify and hold Wife harmless from any liability, cost or expense, including attorneys' fees, incurred subsequent to the execution date of this Agreement in ~- 14 of 29 H C connection with any expense required to be made by Wife including, but not necessarily limited to, the mortgage, property taxes, and insurance with respect to the aforesaid Hoffer Street residence. (e) In the event that Husband should die and, at that time, there should remain any outstanding balance on the mortgage, or any other debt and/or liens against the property, the property would then become an asset of Husband's estate and distributed according to the terms of his Last Will and Testament. (3) Derrv Street, Harrisburg, PA: The parties business, Deljim, LLC, owned real estate, specifically a commercial building and lot known and numbered as 2040 Derry Street, Harrisburg, PA ("Derry Street"}. Husband and Wife are 50% partners in Deljim, LLC. The Derry Street property was sold on May 8, 2012 with the proceeds going toward unpaid back taxes and a portion of the mortgage with the remainder of the mortgage rolled over into a mortgage that is secured by the York Street property. As regards to the interest therein the parties agree as follows: (a) There is presently outstanding against the Derry Street property a mortgage with Sovereign Bank under the name of both parties. This mortgage is currently secured by the York Street property. Immediately upon the execution of this Marital Settlement Agreement, Husband shall commence refinancing procedures to put the mortgage into his name alone. Commencing on the date of execution of this agreement, Husband shall be solely responsible for the timely payment of all present and future principal, interest ~~ 15 of 29 H DC and other fees due under the mortgage. Husband shall have the refinancing completed on the Derry Street mortgage by December 12, 2012. Husband shall provide Wife with the final documentation showing that this refinancing has been completed. (b) Wife shall pay the remaining interest payment on the Derry Street mortgage that is due in October with the remaining funds in the Deljim, LLC business account. Once that payment has been made, this account will be closed and Husband and Wife will cooperate in completing the paperwork required to dissolve the partnership. Wife shall provide Husband with a final accounting of the Deljim, LLC account. (c) Husband shall indemnify and hold Wife harmless from any liability, cost or expense, including attorneys' fees, incurred subsequent to the execution date of this Agreement in connection with any expense required to be made by Husband including, but not necessarily limited to, the mortgage, property taxes, and insurance with respect to the aforesaid Derry Street residence. B. Personal Proaerty: The parties' tangible personal property including, but not limited to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property, shall be divided and distributed as follows: (1) To Wife: All personal property currently in the possession of Wife stays with Wife. (2) To Husband: All personal property currently in the possession 16 of 29 JH DC of Husband stays with Husband. (3) The exceptions are that Wife shall obtain possession of the York Street refrigerator, washer and dryer. Wife shall be responsible for removing these items no earlier than fourteen (14) days, but at least seven days before settlement. (4) Husband is currently in possession of a Yamaha Piano Model G2 that has an appraised value of $7,250.00. Husband agrees to pay Wife 50% of the value of the piano or $3,625.00. Husband shall retain possession of the Yamaha Piano. The payment must be made directly to Wife by check payable to her and shall be made no later than 30 days from the date of execution of this agreement. C. Vehicle(s)and Vehicle Loanlsl: The parties' vehicles (which shall be defined to include automobiles, boats, snowmobiles, motorcycles, trailers, campers and the like) owned by one or both of the parties, and loans associated therewith, shall be divided and distributed as follows: (1) To Wife: 2005 Toyota Prius (2) To Husband: 2004 Toyota Sienna (3) The parties are responsible for securing and maintaining their own automobile insurance on the vehicles assigned to each, respectively, as of the date of execution of this Agreement. The parties agree that each party will solely and fully responsible for any uncovered expenses, costs and/or liability arising from any and all incidents and/or accidents involving their respective vehicles. (4) The parties shall also be solely responsible for any remaining unpaid debt balance on the vehicles assigned to each, and shall j\u 17 of 29 DC indemnify, protect and hold the other harmless from and against any and all liability thereunder, including, but not limited to, any attorney's fees and costs that the other should incur as the result of defending against the obligation and/or enforcing the provisions of this indemnification. D. Title Transfer: The vehicles owned by the parties respectively shall be owned in full by whatever party with whom custody of the vehicle will lie in accordance with this Agreement. If any vehicle awarded under Paragraph C above should be titled in the names of both parties, the parties shall take all steps practicable to transfer title of the vehicle into the name of the party with whom custody of the vehicle will lay in accordance with this Agreement. Said title transfer of any vehicle under this section must be made in accordance with the law within sixty (60) days of the signing of this Agreement. All costs of the title transfer will be the responsibility of the person receiving title. E. Monetary Distributions/Bank Accounts: All funds in joint and separate accounts, including but not limited to savings, checking, and money market accounts, should be divided and distributed as follows: (1) To Wife: Any funds in Wife's separate accounts. (2) To Husband: Any funds in Husband's separate accounts. F. Investments: The parties' shares of stock, brokerage accounts and other investments (the "Investments"), which shall be defined to specifically exclude all forms of retirement plans, shall be divided and distributed as follows: (1) To Wife: Any and all shares, accounts, and/or investments currently held in Wife's name alone. (2) To Husband: Any and all shares, accounts, and/or investments 18 of 29 DC currently in Husband's name alone. G. Life Insurance: The parties' currently own life insurance policies through John Hancock. Husband's policy number is VL000175537 and Wife's policy number is 66433105719961. Each party will maintain these named policies for as long as they choose and shall elect any beneficiary as they so choose. H. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: (1) To Wife: Wife shall be solely liable for any and all personal credit cards and other debts held in Wife's name only. (2) To Husband: Husband shall be solely liable for any and all personal credit cards and other debts held in Husband's name only. (3) The parties have a joint Home Equity Line of Credit with PSECU which is secured by the York Street property. Husband agrees to effectuate the removal of Wife's name from this debt and shall continue to be responsible for paying the debt, or in the alternative, he shall satisfy the loan upon the. sale of the real estate. Husband shall indemnify and hold Wife harmless as to any default of payment as to the aforesaid marital debt obligation. I. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401(K) Plan, Keogh Plan, Stock Plan, Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 19 of 29 DC (1) Asa result of Husband's employment during marriage, Husband has acquired an interest in pension benefits through the Public School Employees' Retirement System Pension. It is the intention of the parties to share equally all benefits earned by Husband from the date of marriage through January 20, 2009 in said pension system. Upon Husband's retirement, Wife shall receive fifty percent (50%) of the marital portion of Husband's PSERS pension together with increases for any COLAs or other ad hoc increases on said interest. The distribution to Wife shall include fifty percent (50%) of the marital portion of any lump-sum withdrawal made by Husband at the time of retirement. Husband shall also nominate Wife as irrevocable beneficiary of fifty percent (50%) of the marital portion of Husband's pre-retirement death benefit. At the time of his retirement, Husband shall elect special option four such that Wife receives a reduced pension payable for her lifetime rather than Husband's lifetime. Wife shall bear any reduction in monthly pension to provide for her own survivor annuity and guarantee that she received the same monthly income in the event Husband predeceases her. In the event Wife predeceases Husband, her share of the pension or lump sum withdrawal shall be paid to Wife's estate. Transfer of said interest to Wife shall be pursuant to a Domestic Relations Order prepared by Wife's counsel. The cost of preparation of the Domestic Relations Order shall be paid for by Wife. After transfer to Wife of her share, the remaining PSERS benefit shall be Husband's sole and separate property. (2} Wife shall also receive and retain all monies held in retirement plans in her name alone, namely her retirement account with TIAA-Cref. ~r~ L 20 of 29 DC (3) Husband is also the sole owner of an IRA with Morgan Stanley with account # 0301. When Husband reaches the age of 59 '/Z, Husband shall cash in this account and the profit realized after any taxes paid will be split between the parties on a 50/50 basis. Husband shall make no withdrawals from this account from the present through the time he turns 59 '/z. At the time of the distribution, Husband will furnish to Wife alt statements from March 31, 2011 to the present. If there have been any withdrawals during that time, Husband shall reimburse to Wife, 50% of these monies. J. Educational Exaenses: Husband agrees to pay tuition and university fees, including but not limited to, room and board, technology, activities, media fees, cell phone or costs associated with off-campus housing for the parties' youngest child's undergraduate degree.. Husband shall retain ownership and control of the 529 account that in is both his and the child's name. 23. AAISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Pro~erty• The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the .terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. ~:.~ 21 of 29 DC B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. D. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefore. E. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. F. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless ~ttc 22 of 29 from and against any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. G. Cancellation of Joint Debts: Any joint debt shall be cancelled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. H. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. I. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. J. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. ~~ 23 of 29 SECTION III COUNSEL FEES, SPOUSAL SUPPORT, APL, AND ALIMONY 24. COUNSEL FEES: Husband agrees to pay fifty-percent (50°l0) of Wife's attorneys' fees and costs in relation to these divorce proceedings commencing from the date the Divorce Complaint was filed to the date of the Divorce Decree. Husband's payment will not exceed $5,000.00. Wife's attorney agrees to submit a complete billing statement to Husband. Husband shall submit payment directly to Wife's attorney within 15 days of receiving the billing statement. 25. ALIMONY, APL, AND SUPPORT: Wife agrees to waive, discharge, give up and release any and all rights and claims which she may now or hereafter have by reason of the parties' marriage, separation or divorce to alimony, alimony pendente lite, support or maintenance in so long as Husband fulfills his obligation to refinance or satisfy through sale all remaining mortgages and debts associated with the three real properties as outlined above. Husband's current spousal support/alimony payment shall terminate upon the date of Husband's refinance or satisfaction of all debts associated with the three real properties at which time Wife will immediately contact Cumberland County Domestic Relations and terminate her spousal support/alimony award.. If Husband is unable to refinance or sell the real properties by the December 12, 2012 deadline, the parties will agree that Wife shall immediately contact Cumberland County Domestic Relations and terminate her spousal support/APUalimony award and Husband agrees to pay Wife $500.00 per month in the form of alimony up and until the debts are refinanced into his name alone or the properties are sold. Husband shall pay this alimony directly to Wife in the form of a ~~ 24 of 29 DC .. , check that will be due and payable by the 5th day of every month. Said alimony is to be modified only by the parties by mutual agreement and non-modifiable by the Court. The parties agree that the entire amount being paid to Wife pursuant to this paragraph is a separate maintenance payment intended to be included with the income of Wife within the meaning of Section 71 of the United States Internal Revenue Code of 1954, and deductible from Husband's gross income pursuant to the provisions of Section 215 of the United States Internal Revenue Code of 1954. Wife agrees that all payments shall be included as income to Wife on her applicable tax return. 26. HEALTH INSURANCE FOR HUSBAND AND WIFE: Currently, Husband provides health insurance for himself and for the parties' children. Husband will continue to maintain health insurance for the children until they reach the age of twenty-six (26) as long as it is available to him at a reasonable cost or the children have reasonable health insurance available to them through employment. Wife shall be responsible for providing her own health insurance as of the date of the Divorce Decree. The parties hereby agree that as of the date of Divorce Decree, and for all times forward, no party shall be responsible for the costs of health care coverage of the other, including but not limited to unreimbursed medical expenses, premiums, deductibles, or copays. SECTION IV CLOSING PROVISIONS AND EXECUTION 27. NO INTENDED THIRD-PARTY BENEFICIARIES This Agreement constitutes a contract binding between the aforementioned parties and those parties only. This Agreement provides rights and obligations only to the aforementioned parties. To the extent that this Agreement may benefit 25 of 29 DC •~ , another party other than Husband or Wife either directly or indirectly, said party constitutes merely an incidental beneficiary of the Agreement and will be restricted from pursuing legal action should either Husband or Wife breach or allegedly breach this Agreement in any way. 28. DOCUMENT EXECUTION: Wife and Husband covenant and agree that they will forthwith and within at most five (5) days after demand therefore, execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or other writings as may be necessary or desirable for the proper effectuation of this Agreement, and which shall be executed in order to carry out fully and effectively the terms of this Agreement. Such documents include, but are not limited to, an affidavit of consent, a life insurance change of beneficiary, a life insurance application, deeds, trusts, mortgage applications or refinancing documentation, bank account or safe deposit box releases, checks, Escrowee letters of direction, IRS forms and other tax forms, transfers of automobile, boat or other assets involving certificates of title, letters to creditors, and health insurance documents. 29. JURISDICTION: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. While the parties understand that they may from time to time remove themselves from the jurisdiction, it is their understanding and their intention that this Agreement shall be valid and effective without respect to where the parties are domiciled ay any time in the future, or where in the world property owned or controlled by either party is located. If, under the laws of any other jurisdiction either party would be entitled to any right, power or interest under the laws of that jurisdiction, then only to the extent necessary to effect a complete waiver, release or relinquishment of such right, power or interest, and thereby effectuate this Agreement, the laws of such jurisdiction shall apply. If one or more provisions of this Agreement shall be held invalid or unenforceable under the laws of any jurisdiction, the parties intend that such 26 of 29 DC . •. i invalidity or unenforceability shall not affect the remaining provisions, which shall nonetheless be valid and enforceable. If it is necessary that any invalid provision be replaced in order to interpret properly the remaining provisions of the Agreement, any such invalid provision shall be replaced by a valid provision which fulfills as closely as possible the intent and purposes of the invalid provision. It is intended by the parties that no additional rights be conferred on them other than as set forth in this Agreement by the laws of any jurisdiction whatsoever. 30. 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 continue in full force, effect and operation. 31. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 32. BINDING EFFECT. 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 binding upon the parties as if they were ordered by the Court after a full hearing. 33. HEADINGS. The paragraph headings and other captions used in this Agreement are been inserted for convenience and reference only, and do not constitute matter to be construed in interpreting this Agreement, nor shall they be considered to modify the provisions which they precede. J~ DC 27 of 29 . ., , IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed, sealed and acknowledged this Agreement the day and year below written. WITNESS: ____ - C~J+ycJ~-' (SEAL) Della Cowall Date: ~o ~S ~ i~}- ' (SEAL) Ja s J. H ann Date: ~ ~ • 2 L~.~ DC 28 of 29 • • + a COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ~,~/.' ) On this, the c~i~~ay of JAB , 2012, before me, a Notary Public, the undersigned officer, personally appeazed Della Cowall known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARU1l. SEAL MICHAEL R CARANCI, Notary Public Lemoyne I~ao. Cumb~tand County Notary Publ' . My Cwnmbaion Expires June 15, 2014 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF fn ) On this, the o~ ~ day of , 2012, before me, a Notary Public, the undersigned officer, personally appeazed James J. Hoffmann, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. coMMe~w~ NOTARW.SEAL i~1EF OREISSACH, Notary Pub~C PeoAon Twp. 30, 2014 Cam~n. 29 of 29 Notary Pub ;.: . i ~~ , JAMES J. HOFFMAN~~`~~<<~~ ~~~1_t°i~ ~ C~1~~~~~1~ THE COURT OF COMMON PLEAS Plaintiff, ~`~~''I`'v~t~~-'°,~~~j~`: CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.2009-3726 DELLA COWALL, :CIVIL ACTION -LAW Defendant. : IN DIVORCE MARITAL SETTLEMENT AGREEMENT 1. INTRODUCTORY PROVISION This Agreement is made by and between James J. Hoffmann of Cumberland County, Pennsylvania ("Husband") and Della Cowall of Cumberland County, Pennsylvania ("Wife"). 2. WHEREAS CLAUSES WHEREAS, the parties hereto are Husband and Wife, having been married on December 31, 1988, in Bedford, Pennsylvania; 1hlHEREAS, certain differences exist between the parties and they have decided to permanently live separate and apart from each other and they intend by this Agreement to fully and finally settle all of their respective rights and obligations as between each other, including, but not necessarily limited to the settling of all interests, rights and/or obligations between them or their estates, whether arising out of their marriage, including, but not limited to: (a) the past, present and future support, alimony pendente lice, alimony or maintenance of either party by the other party; and (b) the ownership of all assets of whatever nature, including assets acquired by either party prior to or subsequent to the date of execution of this Agreement; ~L H DC 1 of 29 3. CONSIDERATION NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Husband and Wife, intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 4. 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. 5. DEFINITIONS A. Divorce Code. The phrase "Divorce Code" or "Code" shall be defined as Pennsylvania C.S.A., Title 23, Slection 101 et seq. (effective March 19, 1991). B. Date of Execution of This Agreement. The phrase "date of execution", "execution date" or "date of thin Agreement" shall be defined as the date that the last party signs this Agreement. C. Date of Distribution. Except where indicated otherwise, the phrase "date of distribution" of this Agreement shall be defined as the earlier of the date of: (1) death of one of the parties; or ~,(2) the thirty-first day subsequent to the date on which an initial divorce decree ',is entered without an appeal having been taken, or, if such an appeal has beem taken, on the date of receipt of notice of final confirmation of the initial divorce decree by the appellate courtsa If the distribution date falls on a date when the ,court which entered the decree in divorce or to which appeal was taken is closed for official business, then the distribution date 1~t C.- 2 of 29 ,~ ~. H DC. shall be the next day on which that court is open for official business. D. Internal Revenue Code The phrase "Internal Revenue Code" or "I.R.C." shall be defined as the Internal Revenue Code of 1986, as amended, or any successor statute thereto. Refeirences to sections of the Internal Revenue Code shall refer to sections of the Internal Revenue Code as of the date of execution of this Agreement. E. Asset. The word "Asset" shall be defined as anything of value, including, but not limited to, real and/or personal, tangible and/or intangible property and all financial interests however held',. F. Effective Date of Agreement. This Agreement shall become effective and binding upon both parties oln the execution date of this Agreement. 6. DIVORCE DECREE A. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual) consent, no-fault Divorce Decree in the above captioned divorce action. Husband has filed a divorce action in the Court of Common Pleas of Gumberland County, Pennsylvania, Civil Term, 2009-3726, seeking a divorce decree pursuant to, among other provisions, Section 3301(c) of the Domestic Relations Code. The parties shall promptly file the affidavits and waivers required to obtain a divorce pursuant to § 3301(c)~I of the Domestic Relation Code. As defined in the Domestic Relations Code, the parties' marriage is irretrievably broken and they do not desire marital counseling,. The parties shall also tape all legal steps (including, but not limited to, the timely and prompt submission cif all documents and the execution of appropriate ~~L 3 of 29 ' H DC waivers of the right to file exceptions and of the right to file an appeal) necessary to ensure that a divorce pursuaht to § 3301(c) of the Domestic Relations Code is entered as soon as possible/within three (3) months, but in any event not later than four (4) months from the date of execution of this Agreement. B. Responsibility for Proceeding with Divorce. Husband shall be responsible for the prompt filing of the Praecipe to Transmit the Record and the related required documents. 'Should Wife want a certified copy of the final divorce decree, Wife shall pay the required fee to secure that document. G. Withdrawal of Other ~-ctions. The parties further shall take all legal steps necessary to ensure thalt all pending petitions and actions between the parties (including, but not limited to counterclaims or petitions for economic relief), except for the divorce action referred to in Paragraph 6.A. (to the extent necessary to obtain the divorce), are dismissed with prejudice as soon as possible and that no similar actilons are instituted, except to the extent necessary to enforce the terms of this Agreement. D. Penalty for Delay. Notwithstanding the foregoing, if, after the execution of this Agreement, either party unlreasonably delays or contests the obtaining of a final, unappealed divorce decree, that party shall exonerate and indemnify the other party against and hold the other party harmless from any liability and/or expense, including reasonable bounsel fees, incurred as a result of such delay or contest in obtaining the decree. 7. EFFECT OF NO DIVORCE Except as otherwise provided for im this Agreement, this Agreement shall remain in full force and effect even if no final declree in divorce is entered. j~ 'u~° 4 of 29 1 H - --$C 8. EFFECT OF DIVORCE DECREE, INCORPORATION AND MERGER This Agreement shall continue in full force and effect after a final decree in divorce is entered in any jurisdiction, it shall survive and not merge into any such divorce, and its provisions shall not be affected by the entry of such a decree, surviving any such decree and remaining independent o~ any such decree. The terms of this Agreement shall be incorporated for enforcement purposes only, but not merged into the divorce decree. The Court entering the decriee shall have all of the powers of enforcement, which, at the discretion of the non-breeching party, shall include, but not necessarily be limited to, all of the following: for breath of contract, under theories of equity, and under the Divorce Code, including under § 3105 (which includes contempt). The provisions of this Agreement shall not be modifiable'for any reason. 9. ADVICE OF COUNSEL Husband has been represented fay Kristin R. Reinhold, Esquire.. Wife has been represented by Julie A. Wehnert, Esq. Each party represents that he or she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated anid/or divorced spouse, he or she might be entitled to greater support, maintenance, alimlony pendente lite, counsel fees, costs, alimony, distribution of property, or other finandial benefits arising from the marital relationship than is provided for in this Agreement. Notwithstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties further acknowledges and agrees that, with such knowledge, and after having read this Agreement carefully and fully, this Agreement is fair, reasonable and equitable, that if is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, coercion, collusion and/or improper or illlegal agreement. ., 5 of 29 ~JH DC 10. FINANCIAL DISCLOSURE The parties confirm that each has i-eked on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has bleen disclosure of the parties' marital assets and debts and the parties' respective incomes. The parties agree to waive any further disclosure and proceed with a settlement of all financial assets and/or debtse 11. DISCLOSURE AND WAIVER O~' PROCEDURAL RIGHTS Each party understands that he or 'she has the right: (1) to obtain from the other party a complete inventory or list of dll of the property that either or both parties own at this time or owned as of the date cif separation; (2) to have all such property valued by means of appraisals or otherwisd; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions orh the matters covered by this Agreement, which Court decision concerning the partii~s' respective rights and obligations might be different from the provisions of thus Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 12. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and explressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the partiees' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed' by the parties. `~ L 6 of 29 JH DC 13. MUTUAL RELEASES Except as otherwise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all tirine to come, and for all purposes whatsoever, of and from the following: A_ Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of the other, of whatever nature and rrvheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conveyance~s: The right to treat a lifetime conveyance by the other as testamentary, br all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) the Commonwealth of Pennlsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this 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 `~ 7 of 29 H DC owns or may hereafter acquire, 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 provisians thereof. 14. WAIVER OR MODIFICATION No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsbquent default of the same or similar nature. 15. MUTUAL COOPERATION Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for. the purpose of giving full force and effect to the provisions of this Agreement. 16. AGREEMENT BINDING ON HEMRS This Agreement shall be binding aryd shall inure to the benefit of the parties hereto and their respective heirs, executors,administrators, successors and assigns. 17. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. I JIv1~.~ 8 of 29 DC 18. BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shalli have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in the Pennsylvania Divorce Code, ~3 Pa.C.S. § 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity. D. Consideration for Reasonable Attorneys Fees: Any award of "reasonable attorney's fees" ~s used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rdndered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the went of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of five (5) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. w~~~-- 9 of 29 DC 19. INCOME TAX MATTERS With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: for the 2011 tax year, the parties filed separate tax returns. Prior to 2011 the parties filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them arising out of any joint filing, each will be responsible for payment of half of such tax and any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. In the event that any refund is received after the execution of this Agreement, from any joint filing from a previous year, the parties hereby agree that the refund monies received shall be split equally between the two parties. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of five (5) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. D. Dependency Exemptions: Wife shall claim the parties' child, Julia, on her personal tax return as long as the child is a full time student and is able to be claimed as a dependent. 20. EFFECT OF RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This ~YYIL 10 of 29 H DC Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION II EQUITABLE DISTRIBUTION OF PROPERTY 21. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 22. DISTRIBUTION OF PROPERTY AND DEBTS The parties' assets and debts shall be divided and distributed as follows: A. Real Estate (1) 606 S. York Street, Mechanicsburg, PA 17055: Husband and Wife jointly own real estate, specifically a house and lot known and numbered as 606 S. York Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter "York Street"). As regards their joint interest therein the parties agree as follows: (a) Commencing on the execution date of this Agreement, and without regard to when bills for such items are incurred, received or due, Husband shall be solely responsible for all past, present and ~~f~.- 11 of 29 DC future costs or liabilities associated with or attributable to maintaining the York Street residence (except as provided herein), including, but not limited to, all real estate taxes, water and sewer bills, gas, electric and telephone service, homeowners insurance, and gardening expenses and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expenses, including attorneys' fees, which are incurred in connection with such maintenance, cost, and expenses or resulting from Husband's ownership interest in the York Street residence. (b) There is presently outstanding against this York Street residence a mortgage with PNC under the names of both parties (hereinafter the "mortgage"), as well as a home equity line of credit with PSECU. Commencing on the date of execution of this agreement, Husband shall be solely responsible for the timely payment of all past, present, and future principal, interest and other fees due under the mortgage. (c) The York Street residence shall continue to be listed for sale by the realtor agreed upon by the parties. Wife shall have no input into sale negotiations and will cooperate in signing the Deed upon settlement. Upon the sale of the York Street residence, which shall occur by December 12, 2012, any realized profit after the satisfaction of all liens and costs including but not limited to the mortgage, taxes, and real estate commission shall be distributed so that Husband receives 100% of the net profit and Wife receives 0% of the net profit. ~ 12 of 29 DC (d) Husband shall indemnify and hold Wife harmless from any liability, cost or expense, including attorneys' fees, incurred subsequent to the execution date of this Agreement in connection with any expense required to be made by Husband including, but not necessarily limited to, the mortgage, property taxes, and insurance with respect to the aforesaid York Street residence. (e) In the event that Husband should die and, at that time, there should remain any outstanding balance on the mortgage, or any other debt and/or liens against the property, the property would then become an asset of Husband's estate and distributed according to the terms of his Last Will and Testament. (2) 2604 Hoffer Street, Harrisburg, PA 17103: Husband alone owns real estate, specifically a house and lot known and numbered as 2604 Hoffer Street, Harrisburg, Dauphin County, Pennsylvania, 17103 (Hereinafter "Hoffer Street"). As regards to his interest therein the parties agree as follows: (a) Commencing on the execution date of this Agreement, and without regard to when bills for such items are incurred, received or due, Husband shall be solely responsible for all present and future costs or liabilities associated with or attributable to maintaining the Hoffer Street residence (except as provided herein), including, but not limited to, all real estate taxes, water and sewer bills, gas, electric and telephone service, homeowners insurance, and C~ 13 of 29 C gardening expenses and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expenses, including attorneys' fees, which are incurred in connection with such maintenance, cost, and expenses or resulting from Wife's marital interest in the Hoffer Street residence. (b) There is presently outstanding against this Hoffer Street residence a mortgage with CitiMortgage under the names of both parties (hereinafter the "mortgage"). Commencing on the date of execution of this agreement, Husband shall be solely responsible for the timely payment of all past, present, and future principal, interest and other fees due under the mortgage. (c) The Hoffer Street residence shall continue to be listed for sale by the realtor agreed upon by the parties. Upon the sale of the Hoffer Street residence, which shall occur by December 12, 2012, any realized profit after the satisfaction of all liens and costs including but not limited to the mortgage, taxes, and real estate commission shall be distributed so that Husband receives 100% of the net profit and Wife receives 0% of the net profit. Husband shall forward to Wife within fifteen (15) days of settlement, a copy of the settlement paperwork showing the satisfaction of the mortgage with CitiMortgage. (d) Husband shall indemnify and hold Wife harmless from any liability, cost or expense, including attorneys' fees, incurred subsequent to the execution date of this Agreement in ~~. 14 of 29 H C connection with any expense required to be made by Wife including, but not necessarily limited to, the mortgage, property taxes, and insurance with respect to the aforesaid Hoffer Street residence. (e) In the event that Husband should die and, at that time, there should remain any outstanding balance on the mortgage, or any other debt and/or liens against the property, the property would then become an asset of Husband's estate and distributed according to the terms of his Last Will and Testament. (3) Derry Street, Harrisburg, PA: The parties business, Deljim, LLC, owned real estate, specifically a commercial building and lot known and numbered as 2040 Derry Street, Harrisburg, PA ("Derry Street"). Husband and Wife are 50% partners in Deljim, LLC. The Derry Street property was sold on May 8, 2012 with the proceeds going toward unpaid back taxes and a portion of the mortgage with the remainder of the mortgage rolled over into a mortgage that is secured by the York Street property. As regards to the interest therein the parties agree as follows: (a) There is presently outstanding against the Derry Street property a mortgage with Sovereign Bank under the name of both parties. This mortgage is currently secured by the York Street property. Immediately upon the execution of this Marital Settlement Agreement, Husband shall commence refinancing procedures to put the mortgage into his name alone. Commencing on the date of execution of this agreement, Husband shall be solely responsible for the timely payment of all present and future principal, interest ~~~-- 15 of 29 H DC and other fees due under the mortgage. Husband shall have the refinancing completed on the Derry Street mortgage by December 12, 2012. Husband shall provide Wife with the final documentation showing that this refinancing has been completed. (b) Wife shall pay the remaining interest payment on the Derry Street mortgage that is due in October with the remaining funds in the Deljim, LLC business account. Once that payment has been made, this account will be closed and Husband and Wife will cooperate in completing the paperwork required to dissolve the partnership. Wife shall provide Husband with a final accounting of the Deljim, LLC account. (c) Husband shall indemnify and hold Wife harmless from any liability, cost or expense, including attorneys' fees, incurred subsequent to the execution date of this Agreement in connection with any expense required to be made by Husband including, but not necessarily limited to, the mortgage, property taxes, and insurance with respect to the aforesaid Derry Street residence. B. Personal Property: The parties' tangible personal property including, but not limited to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property, shall be divided and distributed as follows: (1) To Wife: All personal property currently in the possession of Wife stays with Wife. (2) To Husband: All personal property currently in the possession 16 of 29 JH DC of Husband stays with Husband. (3) The exceptions are that Wife shall obtain possession of the York Street refrigerator, washer and dryer. Wife shall be responsible for removing these items no earlier than fourteen (14) days, but at least seven days before settlement. (4) Husband is currently in possession of a Yamaha Piano Model G2 that has an appraised value of $7,250.00. Husband agrees to pay Wife 50% of the value of the piano or $3,625.00. Husband shall retain possession of the Yamaha Piano. The payment must be made directly to Wife by check payable to her and shall be made no later than 30 days from the date of execution of this agreement. C. Vehicle(s)and Vehicle Loan(s): The parties' vehicles (which shall be defined to include automobiles, boats, snowmobiles, motorcycles, trailers, campers and the like) owned by one or both of the parties, and loans associated therewith, shall be divided and distributed as follows: (1) To Wife: 2005 Toyota Prius (2) To Husband: 2004 Toyota Sienna (3) The parties are responsible for securing and maintaining their own automobile insurance on the vehicles assigned to each, respectively, as of the date of execution of this Agreement. The parties agree that each party will solely and fully responsible for any uncovered expenses, costs and/or liability arising from any and all incidents and/or accidents involving their respective vehicles. (4) The parties shall also be solely responsible for any remaining unpaid debt balance on the vehicles assigned to each, and shall ~{'~1.i/ 17 of 29 DC indemnify, protect and hold the other harmless from and against any and all liability thereunder, including, but not limited to, any attorney's fees and costs that the other should incur as the result of defending against the obligation and/or enforcing the provisions of this indemnification.. D. Title Transfer: The vehicles owned by the parties respectively shall be owned in full by whatever party with whom custody of the vehicle will lie in accordance with this Agreement. If any vehicle awarded under Paragraph C above should be titled in the names of both parties, the parties shall take all steps practicable to transfer title of the vehicle into the name of the party with whom custody of the vehicle will lay in accordance with this Agreement. Said title transfer of any vehicle under this section must be made in accordance with the law within sixty (60) days of the signing of this Agreement. All costs of the title transfer will be the responsibility of the person receiving title. E. Monetary Distributions/Bank Accounts: All funds in joint and separate accounts, including but not limited to savings, checking, and money market accounts, should be divided and distributed as follows: (1) To Wife: Any funds in Wife's separate accounts. (2) To Husband: Any funds in Husband's separate accounts. F. Investments: The parties' shares of stock, brokerage accounts and other investments (the "Investments"), which shall be defined to specifically exclude all forms of retirement plans, shall be divided and distributed as follows: (1) To Wife: Any and all shares, accounts, and/or investments currently held in Wife's name alone. (2) To Husband: Any and all shares, accounts, and/or investments 18 of 29 DC currently in Husband's name alone. G. Life Insurance: The parties' currently own life insurance policies through John Hancock. Husband's policy number is VL000175537 and Wife's policy number is 66433105719961. Each party will maintain these named policies for as long as they choose and shall elect any beneficiary as they so choose. H. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: (1) To Wife: Wife shall be solely liable for any and all personal credit cards and other debts held in Wife's name only. (2) To Husband: Husband shall be solely liable for any and all personal credit cards and other debts held in Husband's name only, (3) The parties have a joint Home Equity Line of Credit with PSECU which is secured by the York Street property. Husband agrees to effectuate the removal of Wife's name from this debt and shall continue to be responsible for paying the debt, or in the alternative, he shall satisfy the loan upon the safe of the real estate. Husband shall indemnify and hold Wife harmless as to any default of payment as to the aforesaid marital debt obligation. I. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401(K) Plan, Keogh Plan, Stock Plan, Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: G 19 of 29 DG (1) As a result of Husband's employment during marriage, Husband has acquired an interest in pension benefits through the Public School Employees' Retirement System Pension. It is the intention of the parties to share equally all benefits earned by Husband from the date of marriage through January 20, 2009 in said pension system. Upon Husband's retirement, Wife shall receive fifty percent (50%) of the marital portion of Husband's PSERS pension together with increases for any COLAs or other ad hoc increases on said interest. The distribution to Wife shall include fifty percent (50%) of the marital portion of any lump-sum withdrawal made by Husband at the time of retirement. Husband shall also nominate Wife as irrevocable beneficiary of fifty percent (50%) of the marital portion of Husband's pre-retirement death benefit. At the time of his retirement, Husband shall elect special option four such that Wife receives a reduced pension payable for her lifetime rather than Husband's lifetime. Wife shall bear any reduction in monthly pension to provide for her own survivor annuity and guarantee that she received the same monthly income in the event Husband predeceases her. In the event Wife predeceases Husband, her share of the pension or lump sum withdrawal shall be paid to Wife's estate. Transfer of said interest to Wife shall be pursuant to a Domestic Relations Order prepared by Wife's counsel. The cost of preparation of the Domestic Relations Order shall be paid for by Wife. After transfer to Wife of her share, the remaining PSERS benefit shall be Husband's sole and separate property. (2) Wife shall also receive and retain all monies held in retirement plans in her name alone, namely her retirement account with TIAA-Cref. ~(~ 20 of 29 DC (3) Husband is also the sole owner of an IRA with Morgan Stanley with account # 0301. When Husband reaches the age of 59 '/2, Husband shall cash in this account and the profit realized after any taxes paid will be split between the parties on a 50/50 basis. Husband shall make no withdrawals from this account from the present through the time he turns 59 '/.~. At the time of the distribution, Husband will furnish to Wife all statements from March 31, 2011 to the present. If there have been any withdrawals during that time, Husband shall reimburse to Wife, 50% of these monies. J. Educational Expenses: Husband agrees to pay tuition and university fees, including but not limited to, room and board, technology, activities, media fees, cell phone or costs associated with off-campus housing for the parties' youngest child's undergraduate degree.. Husband shall retain ownership and control of the 529 account that in is both his and the child's name. 23. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Property The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the .terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. ~~- 21 of 29 DC B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. D. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefore. E. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. F. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless G 22 of 29 DC from and against any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. G. Cancellation of Joint Debts: Any joint debt shall be cancelled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. H. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. J. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party ar the other party's estate might be responsible. 23 of 29 H ~DC SECTION III COUNSEL FEES, SPOUSAL SUPPORT, APL, AND ALIMONY 24. COUNSEL FEES: Husband agrees to pay fifty-percent (50%) of Wife's attorneys' fees and costs in relation to these divorce proceedings commencing from the date the Divorce Complaint was filed to the date of the Divorce Decree. Husband's payment will not exceed $5,000.00. Wife's attorney agrees to submit a complete billing statement to Husband. Husband shall submit payment directly to Wife's attorney within 15 days of receiving the billing statement. 25. ALIMONY, APL, AND SUPPORT: Wife agrees to waive, discharge, give up and release any and all rights and claims which she may now or hereafter have by reason of the parties' marriage, separation or divorce to alimony, alimony pendente lite, support or maintenance in so long as Husband fulfills his obligation to refinance or satisfy through sale all remaining mortgages and debts associated with the three real properties as outlined above. Husband's current spousal support/alimony payment shall terminate upon the date of Husband's refinance or satisfaction of all debts associated with the three real properties at which time Wife will immediately contact Cumberland County Domestic Relations and terminate her spousal support/alimony award.. If Husband is unable to refinance or sell the real properties by the December 12, 2012 deadline, the parties will agree that Wife shall immediately contact Cumberland County Domestic Relations and terminate her spousal support/APL/alimony award and Husband agrees to pay Wife $500.00 per month in the form of alimony up and until the debts are refinanced into his name alone or the properties are sold. Husband shall pay this alimony directly to Wife in the form of a 24 of 29 DC check that will be due and payable by the 5th day of every month. Said alimony is to be modified only by the parties by mutual agreement and non-modifiable by the Court. The parties agree that the entire amount being paid to Wife pursuant to this paragraph is a separate maintenance payment intended to be included with the income of Wife within the meaning of Section 71 of the United States Internal Revenue Code of 1954, and deductible from Husband's gross income pursuant to the provisions of Section 215 of the United States Internal Revenue Code of 1954. Wife agrees that all payments shall be included as income to Wife on her applicable tax return. 26. HEALTH INSURANCE FOR HUSBAND AND WIFE: Currently, Husband provides health insurance for himself and for the parties' children. Husband will continue to maintain health insurance for the children until they reach the age of twenty-six (26) as long as it is available to him at a reasonable cost or the children have reasonable health insurance available to them through employment. Wife shall be responsible for providing her own health insurance as of the date of the Divorce Decree. The parties hereby agree that as of the date of Divorce Decree, and for all times forward, no party shall be responsible for the costs of health care coverage of the other, including but not limited to unreimbursed medical expenses, premiums, deductibles, or copays. SECTION IV CLOSING PROVISIONS AND EXECUTION 27. NO INTENDED THIRD-PARTY BENEFICIARIES This Agreement constitutes a contract binding between the aforementioned parties and those parties only. This Agreement provides rights and obligations only to the aforementioned parties. To the extent that this Agreement may benefit ~~ 25 of 29 DC another party other than Husband or Wife either directly or indirectly, said party constitutes merely an incidental beneficiary of the Agreement and will be restricted from pursuing legal action should either Husband or Wife breach or allegedly breach this Agreement in any way. 28. DOCUMENT EXECUTION: Wife and Husband covenant and agree that they will forthwith and within at most five (5) days after demand therefore, execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or other writings as may be necessary or desirable for the proper effectuation of this Agreement, and which shall be executed in order to carry out fully and effectively the terms of this Agreement. Such documents include, but are not limited to, an affidavit of consent, a life insurance change of beneficiary, a life insurance application, deeds, trusts, mortgage applications or refinancing documentation, bank account or safe deposit box releases, checks, Escrowee letters of direction, IRS forms and other tax forms, transfers of automobile, boat or other assets involving certificates of title, letters to creditors, and health insurance documents. 29. JURISDICTION: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. While the parties understand that they may from time to time remove themselves from the jurisdiction, it is their understanding and their intention that this Agreement shall be valid and effective without respect to where the parties are domiciled ay any time in the future, or where in the world property owned or controlled by either party is located. If, under the laws of any other jurisdiction either party would be entitled to any right, power or interest under the laws of that jurisdiction, then only to the extent necessary to effect a complete waiver, release or relinquishment of such right, power or interest, and thereby effectuate this Agreement, the laws of such jurisdiction shall apply. If one or more provisions of this Agreement shall be held invalid or unenforceable under the laws of any jurisdiction, the parties intend that such ,C..- 26 of 29 DC invalidity or unenforceability shall not affect the remaining provisions, which shall nonetheless be valid and enforceable. If it is necessary that any invalid provision be replaced in order to interpret properly the remaining provisions of the Agreement, any such invalid provision shall be replaced by a valid provision which fulfills as closely as possible the intent and purposes of the invalid provision. It is intended by the parties that no additional rights be conferred on them other than as set forth in this Agreement by the laws of any jurisdiction whatsoever. 30. 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 continue in full force, effect and operation. 31. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 32. BINDING EFFECT. 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 binding upon the parties as if they were ordered by the Court after a full hearing. 33. HEADINGS. The paragraph headings and other captions used in this Agreement are been inserted for convenience and reference anly, and do not constitute matter to be construed in interpreting this Agreement, nor shall they be considered to modify the provisions which they precede. G 27 of 29 DC IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed, sealed and acknowledged this Agreement the day and year below written. WITNESS: ;fir , C ~ _ ~~~ (SEAL) Della Cowall Date: ~a as ~ i~ 1.~I,'1/' (SEAL) Ja s J. H man~n` Date: _ l (, 2 - ~ d' 28 of 29 DC. COMMONWEALTH OF PENNSYLVANIA ) ~1 ) SS: COUNTY OF L-la~l~LL,~~/.' ) ~~ On this, the ~ may of ~06~ 201.2, before me, a Notary Public, the undersigned officer, personally appeared Della Cowall known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA c" NOTARIAL SEAL `~ MICHAEL R. CARANCI, Notary Public Notary Publ~ . Lemoyne Boro. Cumberland County - My Commission Expires June 15, 2014 COMMONWEALTH OF PENNSYLVANIA. SS: COUNTY OF h ) On this, the o~~ day of N t/f~x x2012, before me, a Notary Public, the undersigned officer, personally appeared James J. Hoffmann, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. COMMONNfF-I- ~~~ ~ NOTARIAL SEAL RENEE DREISBACH, Notary Public Lower Paxton Twp., Dauphin County MY CommissiomExpires November 30, 2014 `~L DC Notary Pub 29 of 29 JAMES J. HOFFMANN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2009-3726 F: ', DEL,LA COWALL, :CIVIL ACTION -LAW _ , ~ ~~~ Defendant IN DIVORCE ~ -- .,r;..., . ,: PRAECIPE TO TRANSNIIT 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 Section fix) 3301 (c} (, 3301 (dZ of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: June 12, 2009 by certified mail. 3. Complete either (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c} of the Divorce Code: By Plaintiff, November 2, 2012; by Defendant, October 25, 2012. (b) (1) Date of execution of the Plaintiff s Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: The Marriage Settlement Agreement between the parties shall be incorporated, but shall not merge with the final Decree in Divorce. S. Complete either (a) or (b). (a) Date and manner of service of Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: November $, 2012. Date Defendant's Waiver of Notice in §3301(c) Divorce was tiled with the Prothonotary: November 8, 2012. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES J. HOFFMANN V. DELLA COWALL DIVORCE DECREE AND NOW, -Jcv~...t,cs 2~ -z a ~ L--, it is ordered and decreed that JAMES J. HOFFMANN ,plaintiff, and DELLA COWALL ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows; (If no claims remain indicate "None.") The Marriage Settlement Agreement between the parties shall be incorporated, but shall not merge with the final Decree in Divorce. No. 2009-3726 By the Court, o ~e~ ~. cod rha~ ~ ~~ ~, /~ ~ ~ ~CO ~ c e- tG ~ a ~1 c-~ .~ a r t P c1~ ~o ~`~ ~'e~n ho ~d 1,~/e ~t n e f f I%~3 o/lL i- 1 DELLA M. COWALL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. JAMES J. HOFFMANN, CIVIL ACTION - LAW Defendant NO. 09-3726 c---) ; t-rt CD � r` .:: U 1— t ',7:., PETITION FOR EDUCATIONAL EXPENSES �x x;*c, n-. � =c) o ; TO: James J. Hoffmann ' co 2921 Glenwood Road -< `° Camp Hill, PA 17011 Della M. Cowall, pro se, petitions this Honorable Court as follows: 1. Petitioner is Della M. Cowall, Plaintiff in above matter. 2. Respondent is James J. Hoffmann, Defendant in above matter. EDUCATIONAL EXPENSES 3. Petitioner requests regular and sufficient payments for the parties' youngest child's undergraduate degree. 4. In accordance with the parties' Marital Settlement Agreement, Section 11, 22. J: Educational Expenses: Husband agrees to pay tuition and university fees, including but not limited to, room and board, technology, activities, media fees, cell phone or costs associated with off-campus housing for the parties' youngest child's undergraduate degree. Husband shall retain ownership and control of the 529 account that is in both his and the child's name. 5. Petitioner acknowledges Defendants' payments made directly to balance of tuition minus all financial aid, grants, and scholarships have been awarded, and paid directly to university. 6. Petitioner acknowledges irregular, insufficient deposits made directly to youngest child's PSECU savings account. 7. Petitioner seeks to establish regular payments of $800. to be made by Defendant through May, 2015, or upon conferral of youngest child's undergraduate degree. a. Defendant continues to make tuition and other fees assessed by the university and detailed in monthly accounting statements, directly to university. b. Defendant continues to pay youngest child's cell and media expenses as detailed on current personal phone statements. c. Defendant provides youngest child with reimbursement payments for university-sponsored activities, music lessons, and career development expenses. d. Defendant provides reimbursement expenses for vehicle maintenance, gas, registration, inspection, or public transportation related to university life. REQUEST FOR PRODUCTION OF DOCUMENTS Kindly set forth your gross earnings from all sources of employment for the calendar year of 2011 through October 2013. Please specific all sources of income/employment from January 1, 2009 to present along with the amount earned from each specific source. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an award for the Educational Expenses for the parties' youngest child. 44. awati Della M. Cowall Date 324 Barker Avenue Lansdowne, PA 19050 717.350.9924 dcowall @yahoo.com JAMES J. HOFFMANN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. • : CIVIL ACTION—LAW : NO. 09-3726 CIVIL DELLA M. COWALL, Defendant • IN RE: PETITION FOR EDUCATIONAL EXPENSES ORDER AND NOW, this Z o day of November, 2013, in consideration of the defendant's petition for education expenses: 1. A rule is issued upon the plaintiff to show cause why a hearing ought not to be set in this matter; 2. the plaintiff shall file an answer to the petition within twenty (20) days of service; 3. the petition shall be decided under Pa. R.C.P.No. 206.7; 4. argument is set for January 8,2014, at 3:00 p.m. in Courtroom Number 4; and 5. notice of the entry of this order shall be provided to all parties by the defendant. BY THE COURT, n dt- Kevi A. Hess, P. J. =;`` Z,rn Cerf i^e■S' ._<71> CD „,..{ bcaz 7,5 JAMES J. HOFFMANN : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 09-3726 CIVIL DELLA M. COWALL Defendant/Petitioner Plaintiff/Respondent's response to Rule to Show Cause Issued on November 20, 2013 by the Honorable President Judge, Kevin A. Hess : EDUCATIONAL EXPENSES rJ s;c=+ 1. Della M. Cowall is Defendant/Petitioner 2. James J. Hoffmann is Plaintiff/Respondent R } 3. I have made regular and sufficient payments for our youngest child Julia's undergraduate degree. 4. I stipulate that Defendant/Petioner,hereinafter referred to as "Della", has accurately stated Section II, 22. J of the MSA, assuming hat the petition's indication of Section 11 is a typo, and the Section she refers to is Section II. 5. I concur that I have made all tuition payments to Shenandoah University on time. 6. I stipulate that Della's accusation that deposits into Julia's PSECU savings account have been irregular and insufficient are false. Attached are emails to and from Julia (Exhibit A) and copies my PSECU statements (Exhibit B) that clearly indicate that regular, and sufficient payments have been and made in a timely manner. 7. The itemized costs are currently$690.00/month as indicated in the attached emails. Also the emails show that each month I inquire of Julia if I am sufficiently covering her expenses and offering to adjust if necessary. The monthly$800 requested by Della is unsupported by the actual expenses indicated by Julia. a. Again as I indicated in items 3 and 5, I stipulate that I have made tuition and other university fess directly to Shenandoah University and intend to continue to meet this responsibility in a timely manner. b. The cell phone plan which I contracted for when Julia was still in high school was a family plan that included Della,Julia,Amelia (our oldest daughter) and 1 me. Della has been dropped from the plan but other wise the plan has remained intact. (Exhibit C). I believe Della is aware that Julia's cell phone and media costs have been continuously paid by me. c. I have encouraged Julia to find suitable voice and violin teachers and study privately. I have made it clear to her that I think it is important for her development to study privately and I will provide the funding for it. Again, the attached emails support my offer.Julia has requested no other funding for university sponsored activities or career development expenses. d. Julia does not have a car. Amelia and I gifted a car to Julia in January 2010 for which Amelia and I retained the title and registration. Upon Della's insistence,we signed over the car to Julia and Della in January 2012 with the understanding that Della insure and maintain the vehicle. Della traded in the car for a newer model for herself and gifted her old car to Julia.When Julia studied abroad in the Fall semester of 2012, Della sold Julia's vehicle. Since Julia no longer has a car, letter d. is a moot point. I have offered cab fare should Julia need to travel for music lessons, etc., again, as documented in the emails. REQUEST FOR PRODUCTIONS OF DOCUMENTS I respectfully request the Court to rule that Della no longer is entitled to access to my financial records. Through extensive discovery, my financial records have been provided to her resulting in both of us signing a Marriage Settlement Agreement which has been approved by the Court. The MSA was signed by Della and me on October 25, 2012 and November 2, 2012 respectively. Furthermore, Della's attorney drew up the QDRO which was submitted to PSERS for division of my retirement account. By meeting all of my financial responsibilities agreed upon in the MSA, I submit there is no basis for Della to require further financial documentation. I respectfully request that the Court order Della to pay my reasonable legal fees estimated at$500.00 that have directly resulted from her filing a Petition for Educational Expenses and Request for Production of Documents. Her accusations are baseless and frivolous, and she has had access to Julia's PSECU account and also to Julia directly to know that her accusations are baseless and frivolous. My legal expenses will include fees for an office consultation with my attorney as well as email exchanges. III rj1,4-4/ . lAttlikovvi,k, ti tg--7/t 3 •s J. H fmann Date • 1 Glenwood Rd. Camp Hill, Pa 17011 717.395.3312 jameshoffmann @comcast.net Exo 11- A Communications to Julia on College expenses Email to Julia 9/25/13 Hi Juls, I transferred $760 to your account for your October expenses. As you mentioned this evening,you haven't had the time to itemize your spending, so I made estimates of: $270 rent and water and sewage $100 other utilities $250 food $100 voice lessons $40 cab fare for voice lessons If you are pleased with the voice teacher you had a lesson with, I think it would be a good idea to find whatever means you can to get there once a week. It seems that with 2 roommates plus Toby having cars,you should be able to work out something. If not, I have included cab fare. I am doing this as I think quality voice lessons are so important to you as I have always said. If none of this works, can you find someone on campus, even a good grad student for lessons? Please track your spending and let me know by the end of October if$760 is too little or too much so I can make an adjustment. Love, Dad Email to Julia 10/8/13 Hi Honey, You said tonight that your utilities cost you $170 and I sent only$100 so I have deposited an additional $100 into your account to cover that and perhaps add to the money for food. Of course,you still have the unused $140 for voice lessons which you say can not be scheduled because you don't have a car. I am sorry that the car gifted to you was sold when you studied abroad,but again, my position is that the voice lessons are vital and you should do everything you can to study. I will plan to make deposits into your account on the 25th of every month so that you have plenty of time for rent checks, etc. Hopefully you will be able to send an email by Oct. 25 detailing your expenses so we can determine if the amount needs to be increased or decreased. Hang in there Baby. Love, Dad Email to Julia 10/25/13 Hi Juls, I transferred $690 to your account for your November expenses: $270 rent and water and sewage $170 other utilities $250 food Again, if this amount is too little or too much, or if I missed anything, please let me know so I can adjust. I'll add money for voice and or violin lessons if/when you are able to schedule them. Love, Dad Email from Julia 10/26/13 Thank you so much dad,this will cover it. Have a great weekend I'll give you a call tomorrow or Sunday. Love, Julia Email to Julia 11/24/13 Hi Juls, Today I transferred $690 to your account for your December expenses: $270 rent and water and sewage $170 other utilities $250 food . r• Again,would you please email me back to let me know if this amount is still covering all of your expenses, or do you need more or less. The conservatory has such a strong graduate program that you might find an excellent voice or violin doctoral student willing to teach you privately- again,just a suggestion. Congrats again on a terrific show. I really enjoyed our time together yesterday. Love, Dad Email to Julia 11/27/13 Good Morning Juls, I am starting my Thanksgiving vacation by getting caught up on my financial matters. Is the $690.00 per month covering all of your expenses or not enough or more than enough? Are all of your bills up to date or do you owe money for anything? Enjoy your Thanksgiving Day with Toby and his family and please give him my regards. Safe travels Honey. I love you, Dad Email from Julia 11/27/13 Hi dad! Yes I believe so, thank you! Happy thanksgiving to you as well!! Love, Julia psecu @home VI/A-04) faeuttihtl/ https://homebank.psecu.com/KeyConnect.aspx Account History » 6/1 /2013 to 8/30/2013 txtfrocir 13 Cleared Transactions Print This Page Date Transaction Description Amount Balance Check/Misc. Show previous 30 days 06/05/2013 WITHDRAWAL HOME BANKING -$1,000.00 $40,438.40 TRANSFER TO SHARE 04 06/06/2013 WITHDRAWAL HOME BANKING -$10,000.00 $30,438.40 TRANSFER TO SHARE 04 06/12/2013 DEPOSIT HOME BANKING $5,000.00 $35,438.40 TRANSFER FROM SHARE 04 06/21/2013 DEPOSIT HOME BANKING $9,000.00 $44,438.40 TRANSFER FROM SHARE 04 07/03/2013 WITHDRAWAL HOME BANKING -$7,000.00 $37,444.61 TRANSFER TO SHARE 04 07/07/2013 WITHDRAWAL HOME BANKING -$200.00 $37,244.61 TRANSFER TO HOFFMANN,AMELIA 0193XXXXXX SHARE 01 07/7.6/2013 WITHDRAWAL MOBILE TRANSFER -$150.00 $37,094.61 TO HOFFMANN,JULIA M 0178>0000OC SHARE 01 07/26/2013 WITHDRAWAL MOBILE TRANSFER -$193.50 $36,901.11 TO LOAN 09 07/31/2013 WITHDRAWAL HOME BANKING -$250.00 $36,651.11 V TRANSFER TO HOFFMANN,JULIA M 0178XXXXXX SHARE 01 07/31/2013 WITHDRAWAL HOME BANKING -$500.00 $36,151.11 TRANSFER TO SHARE 04 08/04/2013 WITHDRAWAL HOME BANKING -$5,000.00 $31,157.50 TRANSFER TO SHARE 04 08/14/2013 WITHDRAWAL HOME BANKING -$4,000.00 $27,157.50 TRANSFER TO SHARE 04 08/30/2013 WITHDRAWAL HOME BANKING -$6,000.00 $21,157.50 TRANSFER TO SHARE 04 Show next 30 days 1 of 1 11/26/13 7:04 AM psecu @home 1 https://homebanh.psecu.com/KeyConnectaspx Account History » 6/1 /2013 to 8/30/2013 Cleared Transactions Print This Page Date Transaction Description Amount Balance Check/Misc. Show previous 30 days 06/05/2013 DEPOSIT HOME BANKING $1,000.00 $1,498.02 TRANSFER FROM SHARE 07 06/06/2013 DEPOSIT HOME BANKING $10,000.00 $11,498.02 TRANSFER FROM SHARE 07 06/12/2013 WITHDRAWAL HOME BANKING -$5,000.00 $1,913.33 TRANSFER TO SHARE 07 06/21/2013 WITHDRAWAL HOME BANKING -$100.00 $10,458.55 TRANSFER TO HOFFMANN,JULIA M 0178XXXXXX SHARE 01 06/21/2013 WITHDRAWAL HOME BANKING -$9,000.00 $1,458.55 TRANSFER TO SHARE 07 06/25/2013 WITHDRAWAL TRANSFER TO -$132.52 $1,259.75 LOAN 09 06/28/2013 WITHDRAWAL HOME BANKING -$100.00 $1,102.86 V TRANSFER TO HOFFMANN,JULIA M 0178)000000 SHARE 01 07/03/2013 DEPOSIT HOME BANKING $7,000.00 $7,945.55 TRANSFER FROM SHARE 07 07/19/2013 WITHDRAWAL HOME BANKING -$250.00 $691.59 / TRANSFER V TO HOFFMANN,JULIA M 0178XXXXXX SHARE 01 07/22/2013 DEPOSIT HOME BANKING $200.00 $747.01 TRANSFER FROM SHARE 01 0 /24/2013 WITHDRAWAL HOME BANKING -$45.00 $702.01 TRANSFER ����//// TO HOFFMANN,JULIA M 0178X)0000(SHARE 01 07/25/2013 WITHDRAWAL TRANSFER TO -$300.00 $326.20 LOAN 09 07/31/2013 DEPOSIT HOME BANKING $500.00 $557.65 TRANSFER FROM SHARE 07 08/04/2013 DEPOSIT HOME BANKING $5,000.00 $5,316.14 TRANSFER FROM SHARE 07 I of 1 11/26/13 8:59 AM psecu @home !�,nnn ' Yll E2 / "�'v1.1zG/ ht tps://homebank.psecu.com/KeyConnect.aspx • W" Account History » 9/1 /2013 to 11 /26/2013 Cleared Transactions Print This Page Date Transaction Description Amount Balance Check/Misc. Show previous 30 days 09/06/2013 WITHDRAWAL HOME BANKING -$2,000.00 $19,162.41 TRANSFER TO SHARE 04 09/11/2013 WITHDRAWAL HOME BANKING -$200.00 $18,962.41 j TRANSFER �/ TO HOFFMANN,JULIA M 0178X)0000(SHARE 01 09/13/2013 DEPOSIT HOME BANKING $1,500.00 $20,462.41 TRANSFER FROM SHARE 04 09/18/2013 WITHDRAWAL HOME BANKING -$375.00 $20,087.41 TRANSFER TO HOFFMANN,AMELIA 0193X)0000(SHARE 01 09/25/2013 WITHDRAWAL HOME BANKING -$760.00 $19,327.41 / TRANSFER j/ TO HOFFMANN,JULIA M 0178)00000(SHARE 01 09/27/2013 DEPOSIT HOME BANKING $1,500.00 $20,827.41 TRANSFER FROM SHARE 04 10/03/2013 WITHDRAWAL HOME BANKING -$11,000.00 $9,830.72 TRANSFER TO SHARE 04 10/13/2013 DEPOSIT HOME BANKING $1,600.00 $11,430.72 TRANSFER FROM SHARE 04 10/25/2013 DEPOSIT HOME BANKING $700.00 $12,130.72 TRANSFER FROM SHARE 04 11/03/2013 WITHDRAWAL HOME BANKING -$2,400.00 $9,732.70 TRANSFER TO SHARE 04 11/10/2013 DEPOSIT HOME BANKING $2,100.00 $11,832.70 TRANSFER FROM SHARE 04 11/14/2013 WITHDRAWAL HOME BANKING -$500.00 $11,332.70 TRANSFER TO SHARE 04 11/22/2013 DEPOSIT HOME BANKING $1,200.00 $12,532.70 TRANSFER FROM SHARE 04 11/24/2013 WITHDRAWAL HOME BANKING -$690.00 $11,842.70 r/ TRANSFER TO HOFFMANN,JULIA M 0178)0000(X SHARE 01 1 of 1 11/26/13 7:03 AM psecu @home /+ ' https://homebank.psecu.com/KeyConnect.aspx 4 &V/ Account History » 9/1 /2013 to 11/26/2013 Cleared Transactions Print This Page Date Transaction Description Amount Balance Check/Misc. Show previous 30 days 09/06/2013 DEPOSIT HOME BANKING $2,000.00 $4,152.37 TRANSFER FROM SHARE 07 09/13/2013 WITHDRAWAL HOME BANKING -$1,500.00 $811.08 TRANSFER TO SHARE 07 • 09/25/2013 WITHDRAWAL TRANSFER TO -$60.00 $200.00 LOAN 09 09/27/2013 WITHDRAWAL HOME BANKING -$1,500.00 $631.37 TRANSFER TO SHARE 07 10/03/2013 DEPOSIT HOME BANKING $11,000.00 $11,453.35 TRANSFER FROM SHARE 07 y.0/10/ 8/2013 WITHDRAWAL HOME BANKING -$100.00 $860.69 TRANSFER �. TO HOFFMANN,JULIA M 0178X)0000(SHARE 01 10/13/2013 WITHDRAWAL HOME BANKING -$1,600.00 $1,098.39 TRANSFER TO SHARE 07 10/25/2013 WITHDRAWAL TRANSFER TO -$60.00 $2,437.16 LOAN 09 10/25/2013 WITHDRAWAL HOME BANKING -$690.00 $1,700.18 / TRANSFER V TO HOFFMANN,JULIA M 0178)00000(SHARE 01 10/25/2013 WITHDRAWAL HOME BANKING -$700.00 $1,000.18 TRANSFER TO SHARE 07 • 11/03/2013 DEPOSIT HOME BANKING $2,400.00 $2,991.70 TRANSFER FROM SHARE 07 11/10/2013 WITHDRAWAL HOME BANKING -$2,100.00 $526.55 TRANSFER TO SHARE 07 11/14/2013 DEPOSIT TRANSFER FROM SHARE $16.52 $389.33 01 11/14/2013 DEPOSIT HOME BANKING $500.00 $500.00 TRANSFER FROM SHARE 07 11/22/2013 WITHDRAWAL HOME BANKING -$1,200.00 $1,055.74 TRANSFER TO SHARE 07 11/25/2013 WITHDRAWAL TRANSFER TO -$291.75 $688.66 1 of 1 11/26/13 7:03 AM gii,;1111;ip isi le tisy C.P. JAMES J.HOFFMANN Page: 1 of 5 2921 GLENWOOD RD Bill Cycle Date: 10/14/13-11/13/13 fit at&t t CAMP HILL,PA 17011-7210 Account: 464006953033 Foundation Account: FAN 02386891 x Visit us online at: www.att.com Wireless Statement B"-Ala Glar►ce AT&T Mobile Share Previous Balance $232.72 Share data for up to 10 devices. Payment-11/06-Thank You! $232.72CR Unlimited Talk and Text for your phones Adjustments $0.00 Add a line on a Mobile Share plan today! Balance $0.00 Call 855.MOPE.ATT(855.6,67 5283 New Charges S281.63 Click attcomp oreatt Visit on AT,&Tstore Amount to be Debited $281.63 Pt1.d< .-r.ai] Icb'e� miler ;ylJ , , v3y. Your Credit Card will be Debited on or after Dec 06,2013 0 Wireless Service Summary Group 4-Data Summary-Oct 14 thru Nov 13 Service Page Total Mobile Share 6GB with Unlimited Talk&Text-Includes 6 l ty • Wireless $281.63 gigabytes of domestic data,$15 per each additional 1 ��`V�, gigabyte of data.Additional monthly charge applies for each ,��r 717 350-8993 553.37 1 device on the plan.Unlimited talk&text on mobile phones. uJ� ` 717 350-8994 555.19 2 Unlimited talk on Wireless Home Phone.Mobile Hotspot, "s�4 r v 717 395-3312 5173.07 3 tethering,video calling,and Visual Voicemail available ny with compatible devices.Unlimited domestic data usage on Total New Charges S281.63 the AT&T Wi-Fi Basic network. Mobile Share Data Used(MB) 717 350-8993 617 717 350-8994 7,443 717 395-3312 201 Total 8,260 717 350-8993 JAMES J.HOFFMANN': _. Mobile Share with Unlimited Talk&Text-Includes Mobile How to Contact Us: Share with Unlimited Talk&Text For questions about your account:1 800 331-0500 or 611 from your cell phone Mobile Share for iPhone-Includes unlimited Anytime For Deaf/Hard of hearing TTY:1 866 241-6567 Minutes,Nationwide Long Distance&Roaming,Unlimited Visit us online at www.att.com domestic text,picture,video and instant messages and unlimited calling to/from any other domestic mobile phone, For Important Information about your bill,please see the News You Can Use section(Page 4). Wireless Services provided by AT&T Mobility,LL[. Your Credit Card will be Debited on or after: Dec 06, 2013 $281.63 JAMES J HOFFMANN Account Number 464006953033 CA GLEN AD RD CAMM P HIL L,L PA 17011-7210 at&t AT&T MOBILITY PO BOX 537104 ATLANTA, GA 30353-7104 921004640069530330000000002816300000028163009 if k rJ ' i t I 7 1 k i � .. 2@i3 DEC —5 AM 9: c'? CUMBERLAND COUNIY PENNSYLVANIA JAMES J. HOFFMANN, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2009-3726 DELLA COWALL, : CIVIL ACTION — LAW Defendant. : IN DIVORCE STIPULATION AND AGREEMENT FOR THE ENTRY OF AN "APPROVED DOMESTIC RELATIONS ORDER" AND NOW, this day of , 2013, the parties, JAMES J. HOFFMANN, Plaintiff, and DELLA COWALL, Defendant, as parties to a divorce matter docketed at Docket Number 2009-3726 in the Court of Common Pleas of Cumberland County, do hereby stipulate and agree as follows: 1. This Order relates to the Commonwealth of Pennsylvania Public School Employees' Retirement System (hereinafter"Plan" or "PSERS"), as provided by the Public School Employees' Retirement Retirement Code, 24 Pa.C.S. § 8101 et seq. (Retirement Code"). 2. James J. Hoffmann (hereinafter"Member"), is a Member of the PSERS. The Member's mailing address is 2921 Glenwood Road, Camp Hill, PA 17011. 3. Della Cowall (hereinafter"Alternate Payee") is the former spouse of Member. The Alternate Payee's mailing address is 324 Barker Avenue, Lansdowne, PA 19050. 4. The parties shall promptly notify PSERS of any change in their address from those set forth in this Order. 5. Member's retirement benefit is defined as all monies paid to or on behalf of Member by PSERS, including any lump sum withdrawals and/or scheduled or ad hoc increases, but excluding the disability supplement of any disability annuity paid to Member by PSERS. Member's retirement benefit does not include any enhancements to the Member's retirement benefit arising from post-separation monetary contributions made by Member. Equitable distribution of the marital property component of Member's retirement benefit, as set forth in Paragraph Six (6) shall commence as soon as administratively feasible after Member's effective date of retirement or the approval by PSERS of a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 6. Equitable Distribution using a Marital Property Component: (a) The marital property component of Member's retirement benefit equals (1) the Coverture Fraction multiplied by (2) the Member's retirement benefit as of January 20, 2009. (b) The Coverture Fraction is a fraction with a value less than or equal to one (1.00). The numerator shall equal the amount of Member's service, as defined by PSERS, for the period from December 31, 1988 to January 20, 2009. The denominator shall equal the amount of Member's service as of January 20, 2009. (c) Fifty percent (50%) of the marital property component of Member's retirement benefit is to be allocated to Alternate Payee for the purpose of equitable distribution of this marital asset. 7. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of the Alternate Payee's equitable distribution interest in Member's retirement benefit for any pre-retirement death benefits payable by PSERS. The balance of any death benefit remaining after the allocation of the equitable distribution portion payable to Alternate Payee or any other Alternate Payees named under other PSERS-approved Domestic Relations Orders ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries form filed with PSERS prior to Member's death. If the last Nomination of Beneficiaries form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement. and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any pre-retirement death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries form filed with PSERS prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. 8. Member authorizes PSERS to release to Alternate Payee all information concerning Member's retirement account as it relates to the terms of this Order. 9. If Alternate Payee dies prior to the receipt of all payments potentially available to the Alternate Payee from PSERS under this Order, then any payment payable to the Alternate Payee by PSERS shall be paid to Alternate Payee's estate to the extent of the Alternate Payee's equitable distribution portion of the Member's retirement benefit as set forth in Paragraphs Five (5) through Eight (8). 10. The term and amount of Member's retirement benefit payable to Alternate Payee under the terms of this Stipulation and Agreement after its entry as a Domestic Relations Order acceptable to PSERS are dependent upon which option is elected by Member upon retirement. Member and Alternate Payee expressly agree that Member shall elect Option 4-Customized Option for the Alternate Payee's portion at the time Member files an Application for Retirement with PSERS. Member may elect any option on the remaining portion as long as it does not negatively affect the Alternate Payee's portion. The Alternate Payee shall bear the cost of such option on the Alternate Payee's portion. The Alternate Payee shall receive her portion of the annuity which is payable to Member during his lifetime and the same amount as a survivor annuity if the Member predeceases the Alternate Payee after the Member's retirement. The Alternate Payee acknowledges that if she predeceases the Member after the Member's retirement, then under this levelized survivor annuity option, no survivor annuity is payable to the Alternate Pauyee's estate or contingent alternate payee. Member may elect any option for the remaining portion as long as it does not negatively affect the Alternate Payee's portion. 11. Upon retirement, Member may elect to receive a lump sum payment pursuant to 24 Pa.C.S. § 8345(a)(4)(iii) as part of their retirement benefit. If Member elects to receive any portion of his accumulated deductions as a lump sum payment, the Alternate Payee's share of such lump sum payment shall equal the accumulated deductions as of January 20, 2009, multiplied by 50%, then multiplied by the coverture • fraction defined in Section 6(b) and then finally multiplied by the percentage of the total accumulated deductions which the Member elects to have paid as a lump sum. This figure shall be increased with interest at the statutory rate from January 20, 2009, until the Member's effective date of retirement. 12. PSERS shall issue individual tax forms to Member and Alternate Payee for the amounts paid to each. 13. Alternate Payee may not exercise any right, privilege or option offered by the Retirement Code. In no event shall Alternate Payee or her estate have greater benefits or rights than those that are available to the Member. The Alternate Payee or her estate is not entitled to any benefit not otherwise provided by the Retirement Code, The Alternate Payee or her estate is only entitled to the specific benefits offered by the Retirement Code as provided by this Order. All other rights, privileges, and options offered by the Retirement Code not granted to the Alternate Payee or her estate by this Order are preserved by the Member. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and Agreement are and shall remain subject to the Public Employee Pension Forfeiture Act, 43 P.S. § 1311, et seq. 14. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted, and entered as a Domestic Relations Order. 15. The Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order based on this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require PSERS to provide any type or form of benefit, or any option not otherwise provided by PSERS, and further provided that no such amendment or right of the Court to so amend will invalidate any existing Order. 16. Upon its entry as a Domestic Relations Order, a certified copy of this Stipulation and Agreement and any attendant documents shall be served upon PSERS immediately. The Domestic Relations Order shall take effect immediately upon its approval and the approval of any attendant documents by PSERS, and shall remain in effect until further Order of Court. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. 4 4r II\ it,' [SEAL] iff/M ber ..„, viiiii. - A,or e for e stiff/ - tuber CG ! . COWail SEAL [ ] Defendant/ ern t Pa e Attorne or Defendant/Alt nate Payee ir LI JAMES J. HOFFMANN, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2009-3726 DELLA COWALL, : CIVIL ACTION — LAW Defendant. : IN DIVORCE DOMESTIC RELATIONS ORDER AND NOW, this 1 u k day of Dtc, , 2013, this matter having come before the Court on the attached Stipulation and Agreement, it is hereby Ordered that the attached Stipulation and Agreement entered into by the parties in the above captioned case and dated Oe.c- S 1. 00 is hereby incorporated, but not merged, into this Order of Court. I J. c) P,., rri r . '''r ° °'.;_ _L.o 'es (� ; �,-c-__,..._ ii-tii IZ.(-PEJ:0 L IL_ , __ , .,.. , /.2.//op 3 .47.--Ern 1 JAMES J. HOFFMANN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW ti rrot NO. 09-3726 -.f. cn DELLA M. COWALL, Defendant PETITION FOR DISMISSAL OF EDUCATIONAL EXPENSES ORDER AND REQUEST FOR PRODUCTION OF DOCUMENTS Petitioner requests dismissal of Educational Expenses Order Hearing scheduled for January 8, 2014, at 3:00 p.m. in Courtroom Number 4in consideration of: 1. Plaintiff has established regular educational expenses payments with youngest daughter. 2. Plaintiff has refused to respond to Defendent's correspondence including certified letter notifying him of court order and four emails to clarify payment intentions. attys 48 ill& Della M. 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M Tracking Number: 70131090000243239147 in-transit 1 Expected Delivery Date: November 25, 2013 Product & Tracking Information Postal Product: 1 First-Class Mail® Features: 1 Certified Mail TM 2 DATE &TIME STATUS OF ITEM LOCATION December 27, PHILADELPHIA, PA 19176 2013 , 11:57 pm Processed at USPS Origin Sort Facility December 26, Processed LANCASTER, PA 17604 2013 , 6:21 pm through USPS Sort Facility December 24, Depart USPS Sort LANCASTER, PA 17604 2013 Facility December 24, Processed LANCASTER, PA 17604 2013 , 12:13 am through USPS Sort Facility December 17, Unclaimed CAMP HILL, PA 17011 2013 , 6:19 am November 26, Notice Left CAMP HILL, PA 17011 2013 , 11:47 am November 25, Depart USPS Sort HARRISBURG, PA 17107 2013 Facility November 24, Processed HARRISBURG, PA 17107 2013 , 11:05 pm through USPS Sort Facility November 24, Depart USPS Sort PHILADELPHIA, PA 19176 2013 Facility November 23, Processed at PHILADELPHIA, PA 19176 2013 , 9:02 pm USPS Origin Sort Facility November 23, Dispatched to HAVERTOWN, PA 19083 2013 , 2:40 pm Sort Facility November 23, Acceptance HAVERTOWN, PA 19083 2013 , 10:45 am